HomeMy WebLinkAboutWaterways access - 1999
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LEGALS...
(CIlIilInued from previous page)
8-]-
'.~' ',' ,..,.,....n.suit or p n>ceeding
" '. such validity, is com.
'. within twenty days after the
datie ohuch publication, or
(c) suci! obligations are au-
"Y:l3.,-'..
S30I.LON 'Y~3'
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thorized in violation of the provi-
sions of the constitution.
Section 7. A proposition for the
approval or disapproval of this bond
resolution shall be submitted to the
qualified voters of the Town at the
Biennial Town Election to be held on
November 2,1999, and this bond res-
olution shall take effect _upon the
r _...M. 9.11~
STATE OF NEW YORK)
)SS:
COUNTY OF SUFfOLK)
'- T 1.. Qf\ F. cu I \ ( \ () of Mattituck, in said
county, being duly sworn, says that he/she is
~. . , " "-..- SUFFOLK TIMES
approval of the Proposition by said , a
voters of the Town at that Election. shed at Mattituck, in
1'!63-1~~1_ __ _______, ..;ounty of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regu-
arly published in said Newspaper once each
reek for \ weeks successively,
eumme~cing on the 1 \ .J,~ day
of bJOV, wgq-.
\0.
Sworn to
day of /
Principal Clerk
J N P. BRISOTII
rmiEAffli.~UBW. frM'TE OF NEW YORK
11 (/ IN K COUNTY
XPIRES MAY 31 ;:;;oat>
r
-~. '
lution pUb!lobed herewith
adopted 00' 23rd day of
AugUl'; 1999, aDd a Proposition
therefor baa bft:n approved by .
majority of the i!uati/ied _en of the
Town votm, thereon at the Biennial
Ejection held on November 2, 1999.
The validity cjf the obligations autho-
rized by such resolution may be here-
after contested only if such obliga-
tions 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 jf the provisions
, of law which should have been com-
plied with as of the date of publica-
tion of this notice were not substan_
tially complied with, and an action,
suit or proceeding contesting such
validity is commenced within twenty
days after the date of publication of
tills ~. or such obligations were
authorizecf inYio1ation of ~ pro~
visions of the constitution.- .
EUZABEni A, NEV1l.LE
Town Clerk
BOND RESOLUTION OF THE
TOWN OF SOUlHOLD. NEW
YORK. ADOPTED AUGUST 23.
1999. AUTHORIZING THE
IMPROVEMENT AND
PRESERVATION OF TOWN
WATERWAYS, INCLUDING,
BUT NOT LIMITED TO,
PRESERVATION OF TIDAL
WETLANDS, SALT MARSHES,
CREEKS, BAYS, LONG
ISLAND SOUND, ESTUARIES
AND FRESH WATER WET.
LANDS, PROVIDING OF PUB-
LIC ACCESS TO SUCH
WATERWAYS, DRAINAGE
AND RUN-OFF, ALL IN THE
INTEREST OF IMPROVING
WATER QUALITY AND
WATERWAYS; PROVIDED,
HOWEVER. THAT NO SUCH
IMPROVEMENT, PRESER_
VATION OR PROVIDING OF
ACCESS, DRAINAGE OR
RUN-OFF SHALL BE COM-
MENCED UNTIL ALL RELE-
VANT PROVISIONS OF THE
STATE ENVIRONMENTAL
QUALITY REVIEW ACT
HAVE BEEN COMPLIED
WITH AND A FINAL DECLA.
'RATION AS TO ENVIRON_
MENTAL IMPACT HAS BEEN
DULY MADE, STATING lHE
ESTIMATED MAXIMUM
COST THEREOF IS $250.000.
APPROPRlA1'ING SAID
AMOUNT THEREFOR,
AUTHORIZING THE IS-
SUANCE OF $250.000 SERIAL
BONDS OF SAID TOWN TO
FlNANCE'SAID APPROPRIA.
TIONAND DETERMINING
mAT lHIS BOND RESOLU.
TION SHALL BE SUBJECT TO
A MANDATORY REFEREN.
DU~,
THE TOWN BOARD OF lHE
TOWN OF SOUlHOLD. IN THE
COUNTY OF SUFFOLK. NEW
YORK. HEREaY RESOLVES (by
the favorable Vole of not less than
three~fifths of all the members of said
Town Board) AS FOLLOWS:
Section 1. The Town is hereby
authoriied to improve and preserve
Town waterways, including, but not
limited to~ preservation of tidal wet.
lands, salt manhes, creeks, bays. Long
Island Sound, estuaries aDd fresh
Water wetlands and to provide public <
access. to waterways. drainage and
J'Un..Off, aD in the interest of improv-
ing water quality and waterways; pro-
vided, however. that no such im-
provement. preservation or" pro-
viding such access, drainage. or run-
off sbaII be SO commenced until all
relevant provisions. of the State
EnvironmenraJ Quality Review Act
(herein called .SEQRA"). consti'ut.
ing Article 8 of the New York
Environmental Conservation Law,
with respect thereto have been com-
plied with and a final declaration as
to environmental impact has been
duly made by the entity duly autho-
rized to make Buell determination
8Dd declaration. The estimated maxi.
mum'COIt of said class of objects or
JIlUpDoeo, lacIudiag preliminary costs
and coollj Incidental there,o and the
financing lhereo~ is $250.000, and
said amount is hereby appropriated
kefor. The plan of financing
~ the issuance of $250,000 ser-
lit bends of the Town to finance said
appropriation and the levy and
. collection of taxes on aU the taxable
real property in the Town to pay the
principal of said bonds and the inler.
est thereon as the same shall become
due and payable.
Secrion 2. Serial bonds of the Town
in the principal amOUDl of S250,(X)()
are hereby authorized to be issued
pursuant to the provisions of t!te
Local 'Finance Law, constituting
Chapter 33-a of the Co~Jidated
Laws of the State of New York (here-
in called "Law"), to finance said
appropriation.
. Section 3..The following additional
matters are hereby determined, stat-
ed and declared:
(a) The period of probable use-
~ of said object or purpose, as
des ,~'t:LSl.~Jor which the serial
'h<lnds authorizeO'~~ this
resolUtic:JwMeto,be issued. withiiill\c
Iimiltolions of SettioaU.oo(a) 3, of
the Law. is lIIi"l' (30) yeali',
(b) The Proceeds of the bonds
herein authorized and any bond
anticipation notes issued in antici-
pation of said bonds m~y be applied
to reimburse the Town' for expendi.
tures 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 reimburse_
ment is made in conformity with
Treasury Regulation Section 1.150.2
of the United States Treasury
. Department.
(c) The proposed maturity of said
$250.000 serial bonds will exceed five
(5) years.
Section 4. Each of the bonds au.
thorized by this resolution and any
bond anticipation notes issued in
anticipation of the sale of said bonds
as well as any bond purchase obliga_
tion shall contain the recital of valid-
ity as prescribed by Section 52.00 of
the Law and said bonds and any
notes issued in anticipation of said
bonds, shall be general obJigations of
the Town, payable as. to both princi.
pal and interest by general tax upon
all the taxable real property within
the Town without limitation of rate
or amount,1he faith and credit of the
Town are hereby irrevocably pledged
to the punctual payment of the prin-
cipal of and interest on said bonds
and any notes issued in anticipation
of the sale of said bonds and provi-
sion shall be made annually in the
budget of the Town by appropriation
for (a) the amortization and redemp-
tion of the bonds aad any not~s in
anticipation thereof to mature in
such year and (h) 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 issuanc::e of bonds with SUbstan_
riaIIy level or deciiniag annual deb,
service and of Section 30.00 relative
to the authorizatioa of the issuance
of bond anticipation notes and of
Section SO.OO and Sections 56.00 to
60.00 01 the Law, the powers and
duties of the Town Board relative to
authorizing bond anticipation notes
and prescribing thl;. terms, form and
eontents and" as to the sale and
issuance of the bonds herein autho-
rized and of any bond anticipation
DOtes issued in anticipation of said
bonds, and the renewals of said bond
anticipation Dotes, are hereby dele.
gated to the Supervisor. the chief fis-
cal officer of the Town.
Section 6, The validi'y of the bonds
authorized by this resolution and of
any DOtes issued in anticipation of
the sale of said bonds, may be COn.
tested only if:
(a) such obligations are au-
thorized for an' object or purpose
for which the TOWUis not autho-
rized to expend money. or
(h) the provisions of law which
ahoIdd be complied with at the
dale of the pUhlication of such res-
olution are not substantially com.
See LEGALS, next page
I\.TE OF NEW YORK)
)SS:
'UNIT OF SUFfOLI})
f ~ Q.f\ F LU" I ( \ IS of Mattituck. In said
,mty being duly sworn. says that he/she is
, " " ^ _n,_ SUFFOLK TIMES. a
.prova! of the Proposition by, saId shed at Mattituck. In
\ten of the Town at that Election, . ufli lk d
~.ITNl1 -'::ounty of Soan
ate OiNe~Yo~k:~d' that the Notice ofwWch
e annexed is a printed copy. has been regu-
'ly published In said Newspaper once , each
k,. \ weeks successIvely.
~e lor ~ \.J,~ day
mmeflcing on the
----..hJ 0 II . 19 ..9 '
worn t()~
ayof .
11/11199
THU 16:21 FAX 5168524574
.
SCBOE
I4J 003
",
.
3:21:56 PM Suffolk County Board ofEleetions November 11, 1999
Final Results For
General Election held on Tuesday, November 2, 1999
SOld - (Waterways)PROPOSAL SEVEN, A
PROPOSITION
@
@
Answer Votes Share
Yes 4,740 70.59%
No 1,975 29.41%
Voids 1
Blanks 1,917
Whole Number 8,633
19 Out of 19 Election Districts have called in ~ 100.00% Reporting
6,715 Out of 15,026 Eligible have pulled the Lever ~ 44.69% Turnout
Page 1
11/11/99 THU 16:21 FAX 5168524574
SCBOE
I4i 004
. . .
.
.
Therefore, we do hereby certify that the above canvass and recanvass for the General
Election, held on the 2n' day of November, 1999 is a true and complete copy of the original on
file in the office of the Suffolk County Board of Elections.
IN WITNESS WHEREOF, We have hereunto set our hands and affixed the seal of the
Board of ElectioDs of Suffolk County on November 11, 1999 at Yaphank, New York
Sincerely,
, . -~~-"''''''.
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BarbaraP, Barci
Commissioner
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CCU~~-~"Y ; ~r--,
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('IF t~\-~;",~
fi~I..1A ~~
Gerald Edelstein
Commissioner
BPB/GE/clrg
2
.
NOTICE
.
The resolution published herewith has been adopted on
23~ day of August, 1999, and a Proposition therefor has been
approved by a maJority of the qualified voters of the Town voting
thereon at the Biennial Election held on November 2, 1999. The
validity of the obligations authorized by such resolutlon 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
Town Clerk
326702_1 021321 RES
Waterways 1 of 6
.
.
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 23, 1999, AUTHORIZING THE
IMPROVEMENT AND PRESERVATION OF TOWN WATERWAYS,
INCLUDING, BUT NOT LIMITED TO, PRESERVATION OF
TIDAL WETLANDS, SALT MARSHES, CREEKS, BAYS, LONG
ISLAND SOUND, ESTUARIES AND FRESH WATER WETLANDS,
PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS,
DRAINAGE AND RUN-OFF, ALL IN THE INTEREST OF
IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED,
HOWEVER, THAT NO SUCH IMPROVEMENT, PRESERVATION OR
PROVIDING OF ACCESS, DRAINAGE OR RUN-OFF SHALL BE
COMMENCED UNTIL ALL RELEVANT PROVISIONS OF THE
STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN
COMPLIED WITH AND A FINAL DECLARATION AS TO
ENVIRONMENTAL IMPACT HAS BEEN DULY MADE, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $250,000,
APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING
THE ISSUANCE OF $250,000 SERIAL BONDS OF SAID TOWN
TO FINANCE SAID APPROPRIATION AND DETERMINING THAT
THIS BOND RESOLUTION SHALL BE SUBJECT TO A
MANDATORY REFERENDUM.
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:
Waterways 2 of 6
:l2h702.1 02112l RES
.
.
Section 1.
The Town is hereby authorized to improve
and preserve Town waterways, including, but not limited to,
preservation of tidal wetlands, salt marshes, creeks, bays, Long
Island Sound, estuaries and fresh water wetlands and to provide
public access to waterways, drainage and run-off, all in the
interest of improving water quality and waterways; provided,
however, that no such improvement, preservation or providing such
access, drainage or run-off shall be so commenced until al~
relevant provisions of the State Environmental Quality Review Act
(herein called "SEQRA"), constituting Article 8 of the New York
Environmental Conservation Law, with respect thereto have been
complied with and a final declaration as to environmental impact
has been duly made by the entity duly authorized to make such
determination and declaration.
The estimated maximum cost of
said class of objects or purposes, including preliminary costs
and costs incidental thereto and the financing thereof, is
$250,000, and said amount is hereby appropriated therefor. The
plan of financing includes the issuance of $250,000 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 $250,000 are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting Chapter 33-
Waterways 3 of 6 32fi7021 021:\21 RES
.
.
a of the Consolidated Laws of the state of New York (herein
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 object
or purpose, 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) 3. of the Law, is thirty
(30) 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 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.
(c) The proposed maturity of said $250,000 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
326702.1 02112] RES
Waterways 4 of 6
.
.
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 (bl the payment
of lnterest to be due and payable ln 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:
Waterways 5 of 6
12()7021 021121 RES
.
.
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend
money, or
Ib) 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, 1S
commenced w.i.th1n twenty days after the date of S1..:C::j p"c:l.icat1on,
or
"'__' :~',lCr: ,-,' ,;,;; "n'-s r01rc 3cth-,lr-
~) t j t L t
Section 7.
A proposition for the approvaJ c~
disapproval of this bond resolution shall be subm1lted to the
qualified voters of the Town at the B1enn1al TOWG E ec::on to be
held on November 2, 1999, and this bond resolution shall take
effect upon the approval of the proposition by said vcrers of the
Town at that Elect1on.
*
*
*
~~E~~~~~~'1!~~N ON NOVEMBER 11, 1999 AND FORWARD TWO (2) AFFIDAVITS
PO B TO ELIZABETH A. NEVILLE, TOWN CLERK TOWN HALL
OX 1179, SOUTHOLD, NY 11971. "
Copies to the following:
The Suffolk Times
Town Board Members
Superintendent of Highays
Town Attorney
Town Clerk's Bulletin Board
Waterways 6 of 6
~aMm. .
NOV 8 1999 /lI'fl /. IJ)f /lI'//
SouthoId Town CIerIc~J ::zJeIa/dd &:, F/ ood
6'7'YFaII./kd,Jf':u,?!/~ f(}(}(}5
dua .code ~IJ!) <Y20.9S00
~ ~/2) .5P1-<Y//25
Fua.',> !flmd !fld JYa>nk
(212) 820-9416
November 5, 1999
Town of Southold, New York
$250,000 Serial Bonds for
Improvements to Waterways
(Our File Desionation: 2615/21597)
Ms. Elizabeth A. Neville
Town Clerk
Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
Dear Ms. Neville::
I have been pleased to learn that the Proposition for
approval or disapproval of the bond resolution authorizing the
above bonds was approved by the voters at the Biennial Election
held on November 2nd.
Such bond resolution should now be published, in full,
in the "THE SUFFOLK TIMES," the official newspaper for such
publication, together with a statutory form of notice, thereby
commencing a 20-day statute of limitations pursuant to the
provisions of Section 80.00 et ~. of the Local Finance Law.
With reference thereto, I send you at this time a copy
of the bond resolution with the prescribed form of Clerk's notice
attached in readiness for such publication.
Please send me an original Affidavit of Publication
when available.
Thanking you and with kind regards, I remain
.
'f .
Fernandez, Jr.
GF,Jr./bc
Enclosures
326702.1 021597 lUES
~
12:29:48 AM
Suffolk County Board of Elections
Unofficial Results Breakdown For
General Elecllon held on Tuesday, November 2, 1999
November 3, 1999
SOld - (Waterways)PROPOSAL SEVEN, A PROPOSITION ..
19 Out 01 19 Election Dislricls have called in + 100.00% Reporting
--
6,598 Out of 15,026 eligible have pulled the lever + .43.91% Turnout
~
,
~
J
n
ED Eliglbla
Renorted Vote... No v..
EDit: 1 Yes W 1~ 26
EDit: 2 Ye 671 8C 259
EDit: 3 Ye 58 7! 186
EDIt: 4 Yes 51" 4! 15
EDIt: 5 Yes 4nl 61 91
EDit: 6 Ye, n 61 15C
EDIt: 7 Ye, n 9 20
EDit: 8 Ye, 981 14: 331
EDIt: 9 Ye' 1,32 20 46C
EDII: 10 Yes 65! 81 209
EOII: 11 Yes 7R:lI 10 241
EDII: 12 Yes 97i 11 30
ED': 13 Yes 1231 1~ 30!
ED': 14 Yes 69 89 25~
ED': 15 Yes 98 121 30C
ED': 16 Yes 61 96 201
ED/!: 17 Yes B3i 119 ~
EOII: 18 Yes 1,06 141
EOII: 19 Yes 98 m 3531
Tota/fo 19/19 15,026 1,949 4,6491
Soufholo
ReDorf Total 19/191 15,0261 1,9491 4,6411I
100.00%1 I 29.54~ 70.45%1
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Page B4-E- 1
~ OF SOUTHOLD. NEW YO"
NOTICE OF PROPOSITIONS
TO BE SUBMITTED AT THE
BIENNIAL TOWN ELECTION
TO BE HELD ON NOVEMBER 2, 1999
NOTICE IS HEREBY GIVEN that at the Biennial Town Election of the Town of Southold
("Town"), in the County of Suffolk, New York, to be held on November 2, 1999, between the hours of
6:00 o'clock A.M. (Prevailing Time) and 9:00 o'clock P.M (Prevailing Time), the following
Propositions will be submitted to the qualified voters of the Town for their approval or disapproval, to
wit:
PROPOSITION No.1
SHALL THE BOND RESOLUTION ENTITLED: "Bond Resolution of
the Town of Southold, New York, adopted August 23, 1999,
authorizing the acquisition of interests or rights in
real property, including, but not limited to,
developmental 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 interest 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," BE APPROVED?
An abstract of said bond resolution, 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
such acquisition of interests or rights in real property throughout the
Town 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
provisions of 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 purchase obligations for such purpose;
329793.1 020032 DOC
SECOND: AU.RIZING the Town to impr. and preserve Town
waterways, including, but not limited to, p servation of tidal
wetlands, salt marshes, creeks, bays, Long Island Sound, estuaries and
fresh water wetlands and to provide public access to waterways, drainage
and run-off, all in the interest of improving water quality and
waterways; provided, however, that no such right, including the fee or
any lesser interest, 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 (nSEQRAn), 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;
STATING the estimated maximum cost thereof is $2,000,000; APPROPRIATING
$2,000,000 to pay said cost; and STATING the plan of financing includes
the issuance of $2,000,000 serial bonds of the Town, and the levy and
collection of taxes upon all the taxable real property within the Town
to pay the principal of said bonds and interest thereon;
THIRD: AUTHORIZING the issuance of $2,000,000 serial bonds of
the Town pursuant to the Local Finance Law of the State of New York
(nLawn) to finance said appropriation;
FOURTH: DETERMINING and STATING the period of probable
usefulness applicable to the class of objects or purposes for which said
bonds are authorized to be issued is thirty (30) years; that all or a
portion of such bonds or any bond anticipation notes may be issued in
the form of a land installment purchase obligation or obligations
pursuant to Section 29.10 of the Law; the proceeds of the bonds may be
used to reimburse the Town for expenditures made after the effective
date hereof for the purpose for which said bonds are authorized; and the
proposed maturity of said serial bonds will exceed five (5) years;
FIFTH: 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;
SIXTH: 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 renewals thereof; and
SEVENTH: DETERMINING that a Proposition for the approval or
disapproval of this bond resolution shall be submitted to the qualified
voters of the Town at the Biennial Town Election to be held on November
2, 1999 and that this bond resolution shall take effect upon such
approval.
Said Proposition shall appear in substantially the following
form on the ballot label to be inserted on the voting machines to be
used for voting at said Biennial Town Election:
329793.1 020032 DOC
YES
NO
.
.
PROPOSITION NO.1
SHALL the Bond Resolution adopted August 23, 1999 authorizing issuance of $2,000,000 Bonds of the
Town of Southold to finance an appropriation of like amount for acquisition of interests or rights in real
property, including development rights in open agricultural lands to preserve open spaces and areas,
subject to compliance with the State Environmental Quality Review Act, BE APPROVED?
PROPOSITION No.2
SHALL THE BOND RESOLUTION ENTITLED: "Bond resolution of the Town
of Southold, New York, adopted August 23, 1999, authorizing the improvement
and preservation of town waterways, including, but not limited to, preservation of
tidal wetlands, salt marshes, creeks, bays, Long Island Sound, estuaries and fresh
water wetlands, providing of public access to such waterways, drainage and run-
off, all in the interest of improving water quality and waterways; provided,
however, that no such improvement, preservation or providing of access, drainage
or run-off shall be commenced until all relevant provisions of the state
envirnomental quality review act have been complied with and a final declaration
as to environmental impact has been duly made, stating the estimated maximum
cost thereof is $250,000, appropriating said amount therefor, authorizing the
issuance of $250,000 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," BE APPROVED?
An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as
follows:
FIRST: AUTHORIZING the Town to improve and preserve Town waterways, including,
but not limited to, preservation of tidal wetlands, salt marshes, creeks, bays, Long Island Sound, estuaries
and fresh water wetlands and to provide public access to waterways, drainage and run-off, all in the
interest of improving water quality and waterways; provided, however, that no such right, including the
fee or any lesser interest, 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
329793.1 020032 DOC
Quality Review Act ("SEQ~have been complied with and a finaelaration as to environmental
impact has been duly made by the entity duly authorized to make such determination and declaration;
STATING the estimated maximum cost thereof is $250,000; APPROPRIATING $250,000 to pay said
cost; and STATING the plan of financing includes the issuance of $250,000 serial bonds of the Town,
and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal
of said bonds and interest thereon;
SECOND: AUTHORIZING the issuance of $250,000 serial bonds of the Town pursuant
to the Local Finance Law of the State of New York ("Law") to finance said appropriation;
THIRD: DETERMINING and STATING the period of probable usefulness applicable to
the object or purpose for which said bonds are authorized to be issued is thirty (30) years; that all or a
portion of such bonds or any bond anticipation notes may be issued in the form of a land installment
purchase obligation or obligations pursuant to Section 29.10 of the Law; the proceeds of the bonds may
be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for
which said bonds are authorized; and the proposed maturity of 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 renewals thereof; and
329793.1 020032 DOC
SIXTH: DET.INING that a proposition for the ap.1 or disapproval of this bond
resolution shall be submitted to the qualified voters of the Town at the Biennial Town Election to be held
on November 2, 1999 and that this bond resolution shall take effect upon approval of such proposition.
Said Proposition shall appear in substantially the following form on the ballot label to be
inserted on the voting machines to be used for voting at said Biennial Town Election:
YES NO
Prooosition No.2
SHALL the Bond Resolution adopted August 23, 1999 authorizing issuance of $250,000 Bonds of the
Town of Southold to finance an appropriation of like amount for improvement and preservation of Town
waterways, in the interest of improving water quality and waterways, subject to compliance with the State
Environmental Quality Review Act, BE APPROVED?
Such Biennial Town Election shall be conducted at the time and places
and in accordance with procedures determined pursuant to applicable law
and by the Suffolk County Board of Elections.
Dated: October '-2-, 1999
Elizabeth A. Neville
Southold Town Clerk
329793.1 020032 DOC
r
I
TO_OF SOUJ1I()l.D,
_YOU
NOnCa OF PIlOPOIII11ON
TO BE SUBMfJTED AT THE
SPECIAL TOWN ELECTION
TO BE HELD ON
NOVEMBER 2, 1999
NOTICE IS HEREBY GIVEN
that a Special Town Election of the
town of Southold will be held at the
same time as the General Election
on November 2. 1999. between the
hours of 6:00 o'clock A.M.
(Prevailing Tune) and 9:00 o'clock
P.M. (Prevailing Tune), and that the
foUowing proposition will be SU~
mitted to tbe qualified voters of the
Town of Soutbold for their approval
or disapproval and will appear on
See LegalS. next page
LEGALS...
(continued from previous page)
the ballot in substantiaUy the followw
ing form, to wit:
PROPOSmON
SHALL THE RESOLUTION
ENTITLED: "Bond Resolution
of the Town of Southold. New
York, adopted August 23, 1999,
authorizing the acquisition of
interests of rights in real property.
including, but not limited to,
developmental rights in open
agricultural lands, within said
Town, for the preservation of
open' spaces and areas and to
maintain and enhance the con-
servation of natural resources,
provided, however, that no such
interest or rights in real property
shall be acquired until all relevant
provisions of the state environ-
mental 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 $2,000.000.00,
appropriating said amount there-
fore, authorizing the issuance of
$2,000,000.00 serial bonds of said
town to finance said appropria-
tion, stating that land installment
purchase obligations are autho-
rized to be issued pursuant to this
bond resolution and determining
that this bond resolution shall be
subject to a mandatory referen-
dum," be approved?
NOTICE IS FURTHER GIVEN
that the polling places in each of the
respective election districts of the
Town of Southold shall be the same
polling places as shall be used for
voting at the General Election held
on tbat day.
An abstract of said bond resolu-
tion, concisely stating the purpose
and effect thereof, is as follows:
FIRST: RECITING that pur-
suant to Section 247 of the New
York General Municipal Law
("Section 247"), the Town of
Southold ("'fown"), is authorized to
acquire interests or rights in real
property for -the preservation of
open spaces and areas and main-
taining and. enhancing the conser-
vation of natural or scenic re-
sources, as defined therein; that
such acquisition of interests or rights
in real. property throughout the
Town 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 provisions of Section 247
and the Town desires to implement
the land acquisition and financing
program hereinafter set forth and tn
authorize the issuance of land
installment purchase obligations for
such purpose;
SECOND: AlITHORIZING the
Town to acquire by purchase, gift.
grant. bequest, devise. lease or oth-
erwise.. the fee or any lesser interest.
development right. easement,
covenant or odier contractual right
necessary to achieve the purposes of
Section 247, in various parcels of
real property. including. but not lim-
ited to, development rights in open
agricultural lands, actually used in
bona fide agricultural production
within the Town, for the preserva-
STATE OF NEW YORK)
)SS:
EbUNTY OF SUF~
r0fstu)CL l . { of Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a
weekly newspaper, published at Mattituck, in
the Town of Southold, County of Suffolk and
State of New York, and that the Notice of wWch
the annexed is a printed copy, has been regu-
1........1..... _...1-1':_1.- __1 .: - - . ~ ..~
;paper once each
k~ cfuccessively,
51 day
upon such approval;
Dated: August 23, 1999
ELIZABETH A. NEVILLE
SOlITHOLD TOWN CLERK
1821-11'52
tion o{open spaces and areas and to
maintain and enhance the conserva-
tion of natural or scenic resources.
as may be authorized from time to
time by the Town Board of the
Town, after due notice and a public
hearing, pursuant to the provisions
of Section 247 and applicable provi.
sions 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 determina.
ti~. set forth in Section 247; pro.
vided,. however, that no such right,
including the fee or any lesser inter;
est, 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 Cmal declaration as to
environmental impact has been duly
declared by the entity duly autho-
rized to make such determination
and declaration; STATING the esti-
mated maximum cost thereof is
$2,000,000; APPROPRIATING
$2,000.000 to pay said cost; and
STATING the plan of financing
includes the issuance of $2,000,000
serial bonds of the Town, and the
levy and collection of taxes upon aU
the taxable real property within the
Town to pay the principal of said
bonds and interest thereon;
THIRD: AUTHORIZING the
issuance of $2.000.000 serial bonds
of the Town pursuant to the. Local
Finance Law of the State of New
York ("-Law") to finance said ap-
propriation;
FOURTH: DETERMINING
and STATING the period of proha-
ble usefulness applicable to the class
of objects or purposes for which said
bonds are authorized to be issued is
thirty (30) years; that all or a portion
of such bonds or any bond anticipa-
tion notes may be issued in the form
of a land installment purchase oblig-
ation or obligations pursua~t to
Section 29.10 of the Law; the pro-
ceeds of the bonds may be used to
reimburse the Town for expendi-
tures made after the effective date
hereof. for the purpose for which
said bonds are authorized; and the
proposed maturity of said. serial
bonds will exceed five (5) years;
FIFfH: DETERMINING that
said bonds and, any. bond anticipa-
tion 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;
SIXTH: 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
renewals thereof; and
SEVENTH: DETERMINING
that a Proposition for the approval
or disapproval of this bond resolu-
tion shall be submitted to the quali-
fied voters of the Town at the
Biennial Town Election to be held
on November 2. 1999 and that this
bond resolution shall take effect
~
Principal Clerk
?Li.-
19qq
M,I,RY DIANA FOSTER
NOmnV f'l i8i!e, SII,IE OF NEW YORK
hi;) t::J..' -.. '~!. StFHJU( COUNTY
'-', :. " !!:;,f) 3J, gill I
n to before me this
Ii '- C', ~ -r....f
I 7)? h'L:' ..:f,1 IzA
/'.~ -
.
.
TOWN OF SOUTH OLD, NEW YORK
NOTICE OF PROPOSITION
TO BE SUBMITTED AT THE
SPECIAL TOWN ELECTION
TO BE HELD ON NOVEMBER 2, 1999
E\en"~\
NOTICE IS HEREBY GIVEN that a Sl3ecial Town Election of the Town
of Southold will be held at the same time as the General Election on
November 2, 1999, between the hours of 6:00 o'clock A.M. (Prevailing
Time) and 9:00 o'clock P.M. (Prevailing Time), and that the following
proposition will be submitted to the qualified voters of the Town of
! Southold for their approval or disapproval and will appear on the ballot
in substantially the following form, to wit:
SHALL
THE
PROPOSITION
RESOLUTION ENTITLED:
"Bond
Resolution of the Town of Southold, New York,
adopted August 23, 1999, authorizing the improvement
and preservation of Town waterways, including, but
not limited to, preservation of tidal wetlands, salt
marshes, creeks, bays, Long Island Sound, estuaries
and fresh water wetlands, providing of public access
to such waterways, drainage, and run-off, all in the
interest of improving water quality and waterways;
provided, however, that no such improvement,
preservation, or providing of access, drainage or
run-off shall be commenced 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 made, stating
the estimated maximum cost thereof is $250,000.00
appropriating said amount thereof, authorizing the
issuance of $250,000.00 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," be approved?
NOTICE IS FURTHER GIVEN that the polling places in each of the
respective election districts of the Town of Southold shall be the same
polling places as shall be used for voting at the General Election held
on that day.
An abstract of said bond resolution, concisely stating the purpose
and effect thereof, is as follows:
I,
-
II
FIRST:~THORIZING the Town to imJltve and preserve
Town waterways, including, but not limited to, preservation of
tidal wetlands, salt marshes, creeks, bays, Long Island Sound,
estuaries and fresh water wetlands and to provide public access
to waterways, drainage and run-off, all in the interest of
improving water quality and waterways; provided, however, that no
such right, including the fee or any lesser interest, 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 made by the entity duly
authorized to make such determination and declaration; STATING
the estimated maximum cost thereof is $250,000; APPROPRIATING
$250,000 to pay said cost; and STATING the plan of financing
includes the issuance of $250,000 serial bonds of the Town, and
the levy and collection of taxes upon all the taxable real
property within the Town to pay the principal of said bonds and
interest thereon;
SECOND: AUTHORIZING the issuance of $250,000 serial
bonds of the Town pursuant to the Local Finance Law of the State
of New York ("Law") to finance said appropriation;
THIRD: DETERMINING and STATING the period of probable
usefulness applicable to the object or purpose for which said
bonds are authorized to be issued is thirty (30) years; that all
or a portion of such bonds or any bond anticipation notes may be
issued in the form of a land installment purchase obligation or
obligations pursuant to Section 29.10 of the Law; the proceeds of
the bonds may be used to reimburse the Town for expenditures made
after the effective date hereof for the purpose for which said
bonds are authorized; and the proposed maturity of 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 renewals
thereof; and
SIXTH: DETERMINING that a proposition for the approval
or disapproval of this bond resolution shall be submitted to the
qualified voters of the Town at the Biennial Town Election to be
held on November 2, 1999 and that this bond resolution shall take
effect upon approval of such proposition.
Said Proposition shall appear in substantially the
following form on the ballot label to be inserted on the voting
machines to be used for voting at said Biennial Town Election:
Dated: August 23, 1999
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON SEPTEMBER 2, 1999, AND FORWARD TWO (2)
AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
1,1
Copies to the following:
The Suffolk Times
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
----II
10
. .
STATE OF NEW YORK )
):55:
COUNTY OF SUFFOLK )
ELIZABETH A. NEVILLE, being duly sworn, deposes and say:
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 August 23, 1999, she has caused to be 'conspicuously posted
and fastened up 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 Election to be held on November 2, 1999 setting forth the
Proposition to be submitted to the qualified voters of the Town at such
Special Election together with an abstract of the bond resolution duly
adopted by the Town Board on August 23, 1999 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.
~OR'
, /?a.l'~,
Eliza th A. Neville
Subscribed and sworn to before me
this 23rd day of August 1999.
~"'IOHN
.~y.. P1JB~""",
No. 01
Ouallfllld In Suffolk Counlr
Term Expires March 8, 20 AL
.
.
EXTRACT OF MINUTES
Meeting of the Town Board of the
Town of Southold, in the
County of Suffolk, New York
August 23, 1999
*
*
*
A special meeting of the Town Board of the Town of
Southold, in the County of Suffolk, New York, was held at the
Town Hall, Southold, New York, on August 23, 1999 at 9:00
o'clock A.M. (Prevailing Time)
There were present: Hon. Jean W. Cochran, Supervisor;
and
Board Members:
Councilwoman Alice J. Hussie
Councilman William D. Moore
councilman John M. Romanelli
Councilman Brian G. Murphy
There were absent: Justice Louisa P. Evans
Also present: Elizabeth A. Neville, Town Clerk
Gregory F. Yakaboski, Town Attorney
*
*
*
Councilman Murphv
offered the following
resolution and moved its adoption:
326702.1 001092 RES
\ .
.
.
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 23, 1999, AUTHORIZING THE
IMPROVEMENT AND PRESERVATION OF TOWN WATERWAYS,
INCLUDING, BUT NOT LIMITED TO, PRESERVATION OF
TIDAL WETLANDS, SALT MARSHES, CREEKS, BAYS, LONG
ISLAND SOUND, ESTUARIES AND FRESH WATER WETLANDS,
PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS,
DRAINAGE AND RUN-OFF, ALL IN THE INTEREST OF
IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED,
HOWEVER, THAT NO SUCH IMPROVEMENT, PRESERVATION OR
PROVIDING OF ACCESS, DRAINAGE OR RUN-OFF SHALL BE
COMMENCED UNTIL ALL RELEVANT PROVISIONS OF THE
STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN
COMPLIED WITH AND A FINAL DECLARATION AS TO
ENVIRONMENTAL IMPACT HAS BEEN DULY MADE, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $250,000,
APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING
THE ISSUANCE OF $250,000 SERIAL BONDS OF SAID TOWN
TO FINANCE SAID APPROPRIATION AND DETERMINING THAT
THIS BOND RESOLUTION SHALL BE SUBJECT TO A
MANDATORY REFERENDUM.
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:
326702.1 001092 RES
.
.
Section 1. The Town is hereby authorized to improve
and preserve Town waterways, including, but not limited to,
preservation of tidal wetlands, salt marshes, creeks, bays, Long
Island Sound, estuaries and fresh water wetlands and to provide
public access to waterways, drainage and run-off, all in the
interest of improving water quality and waterways; provided,
however, that no such improvement, preservation or providing such
access, drainage or run-off shall be so commenced until all
relevant provisions of the State Environmental Quality Review Act
(herein called "SEQRA"), constituting Article 8 of the New York
Environmental Conservation Law, with respect thereto have been
complied with and a final declaration as to environmental impact
has been duly made by the entity duly authorized to make such
determination and declaration. The estimated maximum cost of
said class of objects or purposes, including preliminary costs
and costs incidental thereto and the financing thereof, is
$250,000, and said amount is hereby appropriated therefor. The
plan of financing includes the issuance of $250,000 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 $250,000 are hereby authorized to be issued pursuant to
the provisions of the Local Finance Law, constituting Chapter 33-
326702.1 001092 RES
. .
.
.
a of the Consolidated Laws of the State of New York (herein
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 object
or purpose, 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) 3. of the Law, is thirty
(30) years.
(bl 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.
(c) The proposed maturity of said $250,000 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
326702.1 001092 RES
.
.
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:
326702.1 001092 RES
, .
.
.
(a) such obligations
purpose for which the Town
money, or
are authorized for an object or
is not authorized to expend
(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 to the
qualified voters of the Town at the Biennial Town Election to be
held on November 2, 1999, and this bond resolution shall take
effect upon the approval of the proposition by said voters of the
Town at that Election.
*
*
*
326702.1 001092 RES
.
.
The adoption of the foregoing resolution was seconded
by COlJnr.ilwoman Hussie
and duly put to a vote on roll call, which
resulted as follows:
AYES:
Councilman Brian G. Murphy
Councilman John M. Romanelli
Councilman William D. Moore
Councilwoman Alice J. Hussie
Supervisor Jean W. Cochran
NOES:
None
The resolution was declared adopted.
********
Supervisor Cochran
offered the following resolution
and moved its adoption:
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1. At the Biennial Town Election of the Town
of Southold (herein called "Town"), in the County of Suffolk, New
York, to be held on November 2, 1999, between the hours of 6:00
o'clock A.M. (Prevailing time) and 9:00 o'clock P.M. (Prevailing
Time) or as much longer as may be necessary to enable the voters
then present to cast their votes, Proposition No. ~, in
substantially 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:
326702.1 001092 RES
.
.
PROPOSITION No.2
SHALL THE BOND RESOLUTION ENTITLED: "BOND
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 23, 1999, AUTHORIZING THE
IMPROVEMENT AND PRESERVATION OF TOWN WATERWAYS,
INCLUDING, BUT NOT LIMITED TO, PRESERVATION OF
TIDAL WETLANDS, SALT MARSHES, CREEKS, BAYS, LONG
ISLAND SOUND, ESTUARIES AND FRESH WATER WETLANDS,
PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS,
DRAINAGE AND RUN-OFF, ALL IN THE INTEREST OF
IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED,
HOWEVER, THAT NO SUCH IMPROVEMENT, PRESERVATION OR
PROVIDING OF ACCESS, DRAINAGE OR RUN-OFF SHALL BE
COMMENCED UNTIL ALL RELEVANT PROVISIONS OF THE
STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN
COMPLIED WITH AND A FINAL DECLARATION AS TO
ENVIRONMENTAL IMPACT HAS BEEN DULY MADE, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $250,000,
APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING
THE ISSUANCE OF $250,000 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," BE APPROVED?
An abstract of said bond resolution, concisely stating
the purpose and effect thereof, is as follows:
FIRST: AUTHORIZING the Town to improve and preserve
Town waterways, including, but not limited to, preservation of
tidal wetlands, salt marshes, creeks, bays, Long Island Sound,
estuaries and fresh water wetlands and to provide public access
to waterways, drainage and run-off, all in the interest of
improving water quality and waterways; provided, however, that no
such right, including the fee or any lesser interest, 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 made by the entity duly
authorized to make such determination and declaration; STATING
the estimated maximum cost thereof is $250,000; APPROPRIATING
$250,000 to pay said cost; and STATING the plan of financing
includes the issuance of $250,000 serial bonds of the Town, and
the levy and collection of taxes upon all the taxable real
326702.1 001092 RES
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12:29:48 AM
Suffolk Counfy Board of Elections
Unofficial Results Breakdown For
General Elecllon held on Tuesday, November 2, 1999
November3,1999
" :'.' ,;',SOld - : (Waterways)PROPPS'AC:SEVEN, A PROPOSITION',,' ,
6,598 Out of 15,026 eligible have pulled the lever -+ 43.91% Turnout
19 Out of 19 Election Dislricts have called In -+ 100.00% Reporting
mmm!l
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EO Eligible
ReDol1ed Voters No Ve.
EDit: 1 Yes 22 1 2
EDit: 2 Yes 671 Be 25[
EDit: 3 Yes 56 76 16E
EDIt: 4 Yes 51 4ii 15
EDIt: 5 Yes 40E 61 91
ED#: 6 Ye 77 6 150
EDit: 7 Yes 77, 9' 20
ED#: 8 Yes 986 14 331
EDIt: 9 Yes 1,32 20:: 460
EOII: 10 Yes 65 86 209
EOII: 11 Yes 76 10 24<
EOII: 12 Yes 97 11 30'
EOII: 13 Yes 1231 14' 30E
EOII: 14 Yes 69 B< 254
EOII: 15 Yes 96, 12 30e
EOII: 16 Yes 61E 9f 201
EOI#: 17 Yes B3E 11' 256
EOII: 18 Yes l,06e 141 353
EOII: 19 Yes 984 13 350
Total 10 19/19 15,026 1,949 4,649
Soulhola
ReDar! Total 19/19 15,026\ 1,949r 4,649]
100.00%1 I 29.54O/J 70.46%1
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Page 84-E- 1
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property within the Town to pay the principal of said bonds and
interest thereon;
SECOND: AUTHORIZING the issuance of $250,000 serial
bonds of the Town pursuant to the Local Finance Law of the State
of New York ("Law") to finance said appropriation;
THIRD: DETERMINING and STATING the period of probable
usefulness applicable to the object or purpose for which said
bonds are authorized to be issued is thirty (30) years; that all
or a portion of such bonds or any bond anticipation notes may be
issued in the form of a land installment purchase obligation or
obligations pursuant to Section 29.10 of the Law; the proceeds of
the bonds may be used to reimburse the Town for expenditures made
after the effective date hereof for the purpose for which said
bonds are authorized; and the proposed maturity of 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 renewals
thereof; and
SIXTH: DETERMINING that a proposition for the approval
or disapproval of this bond resolution shall be submitted to the
qualified voters of the Town at the Biennial Town Election to be
held on November 2, 1999 and that this bond resolution shall take
effect upon approval of such proposition.
Said Proposition shall appear in substantially the
following form on the ballot label to be inserted on the voting
machines to be used for voting at said Biennial Town Election:
326702.1 001092 RES
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YES:
NO:
PROPOSITION No.2
SHALL THE BOND RESOLUTION ENTITLED: "BOND
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 23, 1999, AUTHORIZING THE
IMPROVEMENT AND PRESERVATION OF TOWN WATERWAYS,
INCLUDING, BUT NOT LIMITED TO, PRESERVATION OF
TIDAL WETLANDS, SALT MARSHES, CREEKS, BAYS, LONG
ISLAND SOUND, ESTUARIES AND FRESH WATER WETLANDS,
PROVIDING OF PUBLIC ACCESS TO SUCH WATERWAYS,
DRAINAGE AND RUN-OFF, ALL IN THE INTEREST OF
IMPROVING WATER QUALITY AND WATERWAYS; PROVIDED,
HOWEVER, THAT NO SUCH IMPROVEMENT, PRESERVATION OR
PROVIDING OF ACCESS, DRAINAGE OR RUN-OFF SHALL BE
COMMENCED UNTIL ALL RELEVANT PROVISIONS OF THE
STATE ENVIRNOMENTAL QUALITY REVIEW ACT HAVE BEEN
COMPLIED WITH AND A FINAL DECLARATION AS TO
ENVIRONMENTAL IMPACT HAS BEEN DULY MADE, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $250,000,
APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING
THE ISSUANCE OF $250,000 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," BE APPROVED?
Section 2. The Town Clerk is hereby authorized and
directed to publish at least once in "THE SUFFOLK TIMES," a
newspaper published in Mattituck, New York, hereby designated the
official newspaper of the Town for such publication, and to post
on the sign board of the Town maintained pursuant to subdivision
6 of Section 30 of the Town Law, said publication and posting to
be at least ten (10) days before the Biennial Town Election, the
Notice thereof, including the said Proposition for the approval
or disapproval of the Bond Resolution adopted at this meeting.
326702.1 001092 RES
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Section 3. The polling places in each of the
respective election districts of the Town shall be the same
polling places as shall be used at General Elections.
Section 4. After said bond resolution shall take
effect, the Town Clerk is hereby directed to cause said bond
resolution to be published, in full, in the newspaper referred to
in Section 2 hereof, and hereby designated the official newspaper
of the Town for said publication, together with a Notice in
substantially the form as provided by Section 81.00 of the Local
Finance Law, constituting Chapter 33-a of the Consolidated Laws
of the State of New York.
Section 5. This resolution shall take effect
immediately.
*
*
*
The adoption of the foregoing resolution was seconded
by f:ollnrilman UlVlrp
and duly put to a vote on roll call, which
resulted as follows:
Councilman Brian G. Murphy
Councilman John M. Romanelli
AYES: Councilman William D. Moore
Councilwoman Alice J. Hussie
Supervisor Jean W. Cochran
NOES: None
The resolution was declared adopted.
********
326702.1 001092 RES
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CERTIFICATE
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of
Southold, in the County of Suffolk, State of New York, HEREBY
CERTIFY that the foregoing annexed extract from the minutes of a
meeting of the Town Board of said the Town of Southold duly
called and held on August 23, 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
the Town of Southold this 23rd day
of August, 1999.
(SEAL)
.
~09-"u/~
Town Cler
326702.1 001092 RES