HomeMy WebLinkAboutOpen Space - 1999
:rw OF SOUTHOLD. NEW YORKe
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: AUTHaZING the Town to improvAand preserve Town
'waterways, including, ~t not limited to, pr~rvation 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 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
("Law") 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 .ocx:::
_ Quality Review Act ("SEQRA").ve been complied with and a final d.ation 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: DETER~NG that a proposition for the approve 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
Proposition No.2
SHALL the Bond Resolution adopted August 23, 1999 authorizing issuance of $250,000 Bonds of the
Town of Southold to finance an appropriation of like amount for improvement and preservation of Town
waterways, in the interest of improving water quality and waterways, subject to compliance with the State
Environmental Quality Review Act, BE APPROVED?
Such Biennial Town Election shall be conducted at the time and places
and in accordance with procedures determined pursuant to applicable law
and by the Suffolk County Board of Elections.
Dated: October
, 1999
Elizabeth A. Neville
Southold Town Clerk
329793.1 020032 DOC
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12:29:47 AM
Suffolk County Board of Elections
Unofficial Results Breakdown For
General Election held on Tuesday, November 2,1999
November 3,1999
-SOld --(Rights in Prop.)PROPOSAt$IX, A PROPOSITION -c -. -
19 Out of 19 Election Districts have called in ~ 100.00% Reporting
mmrmm
6,518 OUI of 15,026 eligible have pulled the lever ~ 43.38% Turnout
EO Eligible
Re"'orted Volen ... v..
EDI: 1 Yel 221 11 :1
EDI: 2 Ye' 671 11 21
ED#: 3 Yes 56~ 101 156
ED': 4 Yel 51l 6! 129
EDI: 5 Ye, 408 81; 63
ED': 6 Yes 77i BE 124
ED': 7 Ye 773 13C 161
ED": 8 Ye, 988 19 276
ED": 9 Yes 1,327 27! 379
EDI: 10 Ve' "656 12 171
ED,: 11 Ve, 762 1M 210
EDIJ: 12 Ye, rn 16E 249
EDIJ: 13 Yes 1231 21 231
ED,: 14 Ye, 89 146 1931
EDit: 15 Yes 963 161 248
EDt: 16 Ye 61E 13 150
EDt: 17 Ye 836 16< 207
EDt: 18 Ye 1060 22< 267
ED,: 19 Ye 984 20: 292
Tora/to 19/U 15,026 2,763 3,755
Southolc
Reoort Total 191191 15,0261 2.763r 3,7551
100.00%1 I 42.39 57.61%t
.
.
Page B3-E- 1
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12:29:46 AM
Suffolk County Board of Elections
Unofficial Results Breakdown For
General Election held on Tuesday, November 2,1999
November 3, 1999
SOld - (Waterways)PROPOSAL SEVEN, A PR9POSlTION .
6,598 Out of 15,026 eligible have pulled lhe lever -+ .43.91% Turnout
19 Out 01 19 Election Districts have called In -+ 100.00% Reporting
BJmmI
EO Eligible
RelVlorted Voters No v..
EDit: 1 Ye' 22 1~ 2
EDit: 2 Yes 671 8( 251
EDit: 3 Ye, 56' 71 181
EDit: 4 . Ye 51: 41 15:
EDIt: 5 Yes 401 81 91
ED#: 6 Ye 77 6! 151
EDIt: 7 Ye 77 9 20
ED#: 8 Ye 981 141 331
EDIt: 9 Ye 1,32 20 46(
EDfI: 10 Ye, 65E 81 209
EDIt: 11 Yes 76 10 24
EDfI: 12 Ye' 97 111 30:
ED': 13 Ye, 1231 14' 301
ED': 14 Ye' 69 8! 25'
ED': 15 Ye' 98: 12 -30(
EDII: 16 Yes 61/ 91 201
EDI#: 17 Ye 831 111 251
EDfI: 18 Ye. l,06C 141 35
EDIt: 19 Ye 98 13! 35
Total fo 19/19 15,021 1,94! 4,64S
Southoll
Reoort Total 19/19 15,0261 1,9491 4,6491
100.00 I 29.54~ 70.46%1
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Page B4.E. 1
".
TOWN OF SOl1THOLD.
NEW YORK
NOTICE OF PROPOSITIONS
TO BE SUBMlTfED AT THE
BIENNIAL TOWN ELECTION
TO BE HELD ON
NOYEMBER 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 Tune), the
following Propositions will be sub-
mitted to the qualified voters of the
Town for their approval or disap-
proval, to wit:
PROPOSITION NO.1
SHALL THE BOND RESO-
LUTION ENTITLED: "Bond
Resolution of the Town of Southold,
New York, adopted August 23,1999,
authorizing the acquisition of inter-
ests or rights in real property,
including, but not limited to, devel-
opmental 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, bowever, 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, stat-
ing 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 in-
stallment purchase obligations are
authorized to be issued pursuant to
this bond resolution and deter-
mining that this bond resolution
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 pur-
suant 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 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 pub-
lic interest and a proper public pur.
pose of the Town in accordance with
the provisions of Section 247 and
the Town desires to implement the
land acquisition and financing pro-
gram hereinafter set forth _ and to
authorize the issuance of land
installment purchase obligations for
such purpose;
SECOND: AUTHORIZING the
Town to improve and preserve
Town waterw~ys,including., but, no_t _
Iimited'to;preserVation oftidai ",et.'
lands, 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 inter-
est of improving water quality and
waterways; provided, however, that
no such right, including the fee or
any lesser interest, d-evelopment
right, easement, covenant, or other
contractual right in any piece of par-
cel of such lands shall be so
acquired until all relevant provi-
sions 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 determination and declaration;
STATING the estimated maximum
cost thereof is $2,000,000; APPRO-
PRIATING #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 ("Law") to fmance said ap-
propriation;
FOURTH: DETERMINING
and STATING the period of proba-
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 ilDY bond
anticipation notes may be issued in
the form of a land installment pur-
chase obligation or obligations pur-
suant to Section 29.10 of the Law;
the proceeds of the bonds may be
used to reimburse the Town for
expenditures made. after the effec-
tive 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 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: DETERMI1'IING
that a Proposition for the opprovaI
or disapproval of thiabeed reeol\l.
tion shall be suhmitted to the quali-
fied voters of the Town at the
Biennial Town Election to be held
on November 2, 1999 and that this
boild 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 machine to be used for vot.
ing at said Biennial Town Election:
PROPOSmON NO. 1
SHALL the Bond Resolution
adopted August 23, 1999 authoriz-
ing issuance of $2,000,000 Bonds of
the Town of South old to finance an
aptrropiiiltion' -of like. amount for
acquisition of interests or rights in
real property, including develop-
ment rights in open agricultural
lands to preserve open spaces and
areas, subject to compliance with
the State Environmental Quality
Review Act, BE APPROVED?
PROPOSmON NO.2
SHALL THE BOND RESO-
LUTION 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 improv-
ing water quality and waterways:
provided, however, that no such
improvement, preservation, or pro-
viding of access, drainage or run-off
shall be commenced until all rele-
vant 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 there-
of is $250,000 appropriating said
amount thereof. authorizing the is.
suance of $250.000 serial bonds of
said town to finance 'said appro-
priation, stating .that land install-
ment purchase obligations are
authorized to be issued pursuant to
this bond resolution and deter.
mining that this bond resolution
shall be subject to a mandatory ref-
erendum:' BE APPROVED?
An abstract of said bond resolu-
tion. 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 wet-
lands, salt marshes, creeks, bays,
Long Island Sounds, estuaries and
fresh water wetlands and to provide
publlc access to waterways, drainage
and run~off, all in the interest of
improving water quality and water-
ways; provided, however, that no
such right, including the fee of 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 prQvi.
sions 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 aDd declaration;
STATING the _led maximum
COlIt thereof is $250,000;
APPROPRIATING $250.000 to
pay said cost; and STATING the
plan of fmancing includes the is-
suance of $250,000 serial bonds of
the Town, and the levy and coHec.
tion of taxes upon all the taxable
real property within the Town to
pay the principal of said honds and
interest thereon;
SECOND: AUTHORIZING the
issuance of $250,000 serial bonds of
tbe Town pursuant to the Local
Fmance Law of the State of New
York ("Law") to finance said appro-
priation.
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 issues in the form of a
land installment purchase obliga.
tion or obligations pursuant 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 tbe 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 an-
ticipation notes issued in anticipa-
tion 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 tbereof; and
SIXTH: DETERMINING that a
proposition for the approval or dis-
approval of tbis 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 vot-
ing at said Biennial Town Election:
PROPOSmON NO. 2
SHALL the Bond Resolution
adopted August 23, 1999 authoriz-
ing 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 water~
ways, 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 pro-
cedures determined pursuant to
applicable law and by the Suffolk
County Board of Elections.
Dated: October 12, 1999
ELIZABETH A. NEVILLE
SOUTHOLDTOWN CLERK
101l-iT014
STATE OF NEW YORK)
)SS:
C,JiNTY OF SUFFOLK)
9Su\ F. U... J (' I (i.l' of Mattituck, in Sail
county, being duly sworn, says that he/she i:
Principal clerk of THE SUFFOLK TIMES, ,
weekly newspaper, published at Mattituck. it
the Town of Southold, County of Suffolk an'
State of New York, and that the Notice of whicl
the annexed is a printed copy, has been regu
larly published, in said Newspaper once eac1
week for \ weeks . s~cessively
commenc~n~ on the 4 da
of OCrO\H{ 19 . I'
O-~ J ,uJ.Jvl
Principal Clerk
before me this ~N p, BRISOTTI
, NOTAKY ~W~.lt'~~~2~~:EW
//1 ~ IN SUFFOLK COU~
YI/ JcoNiMls--slON EXPIRES MAY 31 d
NOTICE
The reso\utioD published herewith
bas been adopted on 23rd 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
Town Election held on November 2.
1999. 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 publica-
tion of this notice. or such obligations
were authorized in violation of the
provisions of the constitution.
ELIZABETH A. NEVILLE
Town Clerk
BOND RESOLUTION OF THE
TOWN OF SOUTHOLD, NEW
YORK,ADOPTED AUGUST 23,
1999, AUTHORIZING THE
ACQUISITION OF INTERESTS
OR RIGHTS IN REAL PROP-
ERTY, INCLUDING, BUT NOT
LIMITED TO, DEVELOPMENT
RIGHTS IN OPEN AGRI-
CULTURAL LANDS, WITHIN
SAID TOWN, FOR THE
PRESERVATION OF OPEN
SPACES AND AREAS AND TO
MAINTAIN AND ENHANCE
THE CONSERVATION OF
NATURAL OR SCENIC
RESOURCES, PROVIDED,
HOWEVER, THAT NO SUCH
INTERESTS OR RIGHTS IN
REAL PROPERTY SHALL BE
. ACQUIRED UNTIL ALL REL-
EVANT PROVISIONS OF THE
STATE ENVIRONMENTAL
QUALITY REVIEW Acr
HAVE BEEN COMPLIED
WlTH AND A FINAL DECLA-
RATION AS TO ENVIRON-
MENTAL IMPAcr HAS BEEN
DULY DECLARED, STATING
THE ESTIMATED MAXIMUM
COST TIfEREOF IS $2,000,000,
APPROPRIATING SAID
AMOUNT THEREFOR,
AUTHORIZING THE
ISSUANCE OF $2,000,000 SERI-
ALBONDS OF SAID TOWN TO
FINANCE SAID APPROPRIA-
TION, STATING THAT LAND
INSTALLMENT PURCHASE
OBLIGATIONS ARE AU-
THORIZED TO BE ISSUED
PURSUANT TO THIS BOND
RESOLUTION AND DE-
TERMINING THAT THIS
BOND RESOLUTION SHALL
BE SUBJEcr TO A MANDA-
TORY REFERENDUM.
R_
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 Town of Southold, SufloIk
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 rights in land situate
throughout the Town for the preser-
vation of open spaces and areas and
maintaining and enhancing the con-
servation of natural or sceniC
resourus, 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 pro-
gram hereinafter set forth and to
authorize the issuance of land install-
ment 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 (hy
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,
gift, grant, bequest, devise, lease or
otherwise, the fee or any lesser inter-
est, 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 agri-
cultural lands, actually used in bona
fide agricultural production within
the Town. for the preservation of
open spaces and areas and to main-
tain and enhance the conservation 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 provisions of the Town of
Southold Code, including incidental
costs incurred in relation thereto,
such acquisition being hereby found,
determined and deemed to be neces-
sary 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, development right, ease-
ment, 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
(herein called "SEQRA"), constitut-
ing 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 maximum cost of said class
of objects or purposes, including
preliminary costs and costs incidental
thereto and the financing ~hereof. is
$2,OOO,()(X), and said amount is here-
by appropriated therefor. The plan of
fmancing includes the issuance of
$2,000,000 serial bonds of the Town
to fmance 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 S2,OOO,OOO
are hereby authorized to be issued
pursuant to the provisions of the
Local Finance Law, constituting
Chapter 33-a of the Consolidated
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 probahle use-
fulness of said class of objects or pur-
poses, 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.
(h) All or a portion of the in-
debtedness 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 pur-
chase obligation or obligations pur-
suant 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 antic-
ipation 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 antici-
pation of said bonds may 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- 's.
ment is made in conformity with. .
Treasury Regulation Section 1.150-2
of the United States Treasury f M ttit k ' said
Department. _0 a UC, ill
(d) The proposed maturity of said rn says that he/she is
$2,000,000 serial honds will exceed,' FOLK TIMES
ftve (5) years. !, SUF . a
Section 4, Each of the bonds au- .lished at Mattituck. in
thorlZed by thiS resolution and any
bond anticipation notes issued in County of Suffolk and
anticipation of the sale of said bonds that the Notice of which
as well as any bond purchase obliga-
tion shall contain the recital of valid- ~d copy, has been regu-
ity as prescribed by Section 52.00 of N spa per once each
the Law and said bonds and any. ew
notes issued in anticipation of said weelcs successively,
bonds, shall he general obligations of h \ \ w\... day
the Town, payable as to both princi- Lie
pal and interest by general tax ~p~n 9 ~ .
all the taxable real property wlthm
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 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 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 substan.
tially 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 autho-
rized and of any bond anticipation
notes issued in anticipation of said
bonds, and the renewals of said bond
anticipation notes, are hereby dele-
gated to the Supervisor, the chief fis.-
cal 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 con-ytested only if:
(a) such obligations are au-
thorized for an object or purpose
for which the Town is not autho-
rized to expend money, or
(b) the provisions of law which
should be complied with at the
date of the publication of such rts-
olution are not substantially com-
plied with.
and an action, suit or proceeding con-
testing such validity, is commenced
within twenty days after the date of
such publication, or
(c) such obligations are au-
tborized 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 Ejection to be held on
November 2,1999, and this bond res-
olution shall take effect upon the
approval of the Proposition by said
voters of the Town at that Election.
1062-1TNll
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1J)1~U.EFOLK COUNTY
N'ExJ5iRESMAY 31 C7-c-"'''''c-
_ .11/11~99 THlT 16:20 FAX 5168524574
.
SCBOE
141001
.
(9
G.ERAU) EDELSTEIN
Dt::M.OCRATlC COMUlSSlONER,
BOARD OF ELECTIONS
COUNTY OF SUFFOLK
P.O. BOX 700
YAPHANK, NEW YORK 11980-0700
mL_ 852-4500
BARBARA P.llAllcl
REPUBUCAN OOMMl8~oNHR
November 11, 1999
Honorable Elizabeth Ann Neville
Town Clerk, Town of Southold
Southold Town Hall
53095 MainRd
Southold NY 11971
Dear Mr8 Neville:
We, Barbara P. Barci and Gerald Edelstein, Commissioners of Elections in and for the.
County of Suffolk, pursuant to instructions received from your office, have directed to be placed
on the ballot, at the November 2" , 1999 General Election, the following proposition:
1
- . 11/11/99
. .
. .
THU 16:21 FAX 5168524574
SCBOE
~002
.
.
3:21:56 PM Suffolk County Board of Elacti.on5 November 11,1999
Final Results For
General Election held on Tuesday, November 2, 1999
",.: .'.'-. ',,"--=
SOld - (Rights in Prop.)PROPOSAL SIX, A
PROPOSITION
@
@
"
Answer Votes Share
Yes 3,829 57.78%
No 2,798 42.22%
Voids 1
Blanks 2,001.:
WholeJllumber 8,633
,,,......:....-
19 Out of 19 Election Districts have called in -+ 100.00% Reporting
6,627 Out of 15,026 Eligible have pulled the Lever -+ 44.10% Turnout
.....,.".
.'.u=
Page 1
.
NOTICE
.
The resolution published herewith has been adopted on
23rd 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 Town Election held on November 2, 1999.
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
Town Clerk
322279.3 021321 RES
Land Preservation 1 of 8
.
.
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,
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 OR SCENIC 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 Town
Land Preservation 2 of 8
221742.2 020032 RES
.
.
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 rights in
land situate throughout the Town for the preservation of open
spaces and areas and maintaining and enhancing the conservation
of natural or scenic 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, gift, 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
Land Preservation 3 of 8
221742.2 020032 RES
.
.
Section 247, in various parcels of real property, including, but
not limited to, development rights in open agricultural lands,
actually used in bona fide agricultural production within the
Town, for the preservation of open spaces and areas and to
maintain and enhance the conservation 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
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, 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 {herein called "SEQRA"),
constituting Article e 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 maximum 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
Land Preservation 4 of 8
221742.2 020032 RES
.
.
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 the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein
called "Law"), to finance 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) Allor 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 purchase 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.
Land Preservation 5 of 8
221742.2 020032 RES
.
.
(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.
Land Prservation 6 of 8
221742.2 020032 RES
.
.
Section 5, Subj ect 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 ot 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
(cl 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
221742.2 020032 RES
Land prservation 7 of 8
.
.
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.
*
*
*
PLEASE PUBLISH ON NOVEMBER 11, 1999 AND FORWARD TWO (2) AFFIDAVITS
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
Superintendent of Highays
Town Attorney
Town Clerk's Bulletin Board
Land Preservation 8 of 8
'.
.
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
TOWN OF SOUTHOLD
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?
.
,
.
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.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TOWN OF SOUTHOLD
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?
TOWN OF SOUTHOm,
NEW YORK
NOTICE OF PROPOSmON
TO BE SUBMfITED 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 TIme), and that the
following proposition will be sub-
mitted to the qualified voters of the
Town of Southald for their approval
or disapproval and will appear on
the ballot in substantially the follow-
ing form. to wit:
PROPOSITION
SHALL THE 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 pub.
lie access to such waterways,
drainage. and run.off, all in the
interest of improving water quali-
ty and waterways: provided. how.
ever, 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 environ.
mental impact has been duly
made, stating the estimated maxi.
mum cost thereof is $250,000.00
appropriating said amount there.
of, authorizing the issuance of
$250,000.00 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 that day.
An abstract of said bond resolu.
tion, 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 wet.
lands; 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 water.
ways; provided, however, that no
such right, including the fee or any
lesser interest, development right,
Septelober 2, 19
easement, covenant, or other con.
tractual 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 declara-
tion as to environmental impact has
been duly made by the entity duly
authorized to make such determi-
nation and declaration; STATING
the estimated maximum cost thereof
is $250,000; APPROPRIATING
$250,000 to pay said cost; and STAT-
ING the plan of financing includes
the issuance of $250,000 serial bonds
of the Town, and the levy and col.
lection 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 appro-
priation;
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 ex-
ceed five (5) years:
FOURTH: DETERMINING
that said bonds and any bond an-
ticipation notes issued in anticipa-
tion 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 dis~
approval 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 vot-
ing at said Biennial Town Election.
Dated: August 23; 1999
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
1822-1TS2
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AUGUSf 31, 2.,JO i
TOWN OF SOUTHOLD.
NEW YORK
NOTICE OF PROPOSmON
TO BE SUBMrITED AT THE
SPECIAL TOWN ELECTION
TO BE HELD ON
NOVEMBER 2.1999
NOTICE IS HEREBY GIVEN
tbat a Special Town Election of- the
town of SouthaM will be held at the
same time as the General Election
011 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 sub-
mitted to the qualified voten of the
TOWA of Soutbold for their approval
01' disapproval and will appear on
the ballot in substantially the follow.
ing form. to wit:
PROPOSn;JON
SHALL THE RE~OLUTlON
ENTIlLED: "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 havt!
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 that day.
An abstract of said bond resolu-
tion, toncisely 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 ("Town"), is authorized to
acquire interests or rights in real
property for the prese~vation 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 to
authorize the issuance of land
instaUment purchase obligations for
such purpose;
SECOND: AUTHORIZING 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 other 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-
..
lion of 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 pub[
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-
tions 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 final 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 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 ("Law") to finance said ap-
propriation;
FOURTH: DETERMINING
and STATING the period of proba-
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 pursuant 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;
FIFTH: 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
-~...
STATE OF NEW YORK)
)SS:
~9UN1Y OF SUFfQLK)
VIr ~5tu)L l0f_bQl~f Mattituck, in said
county, being duly sworn. says that he/she is
'HE SUFFOLK TIMES. a
mblished at Mattituck. in
ld, County of Suffolk and
Id that the Notice of which
upon such approval, nted COp h b
Dated: August 23,1999 y. as een regu-
ELIZABETH A. NEVILLE aid Newspaper once each
SOUTHOLD TOWN CLERK
182I-1TS2 weeksd successively.
-commencing on the of' - day
of ~9L 19~,
C,he J'5P (Yl LJelLuJ
Principal Clerk
7D-
19'-h
Sworn to before me this
day of "" 'S1" 7'
],~ 2'7 /),,, }~eZ --+) U1
/
f/!'f!.V
N;;TM~\'
t,w. ~>
(',~H~;~~'"
fOSTER
~i \iF Uf i'i~VJ YUHl\
,;,', L : liCi' COUNlY
. , "-.'j nL~u')T 31, U!6 I
"
""""","..,.~." .
11
.
.
TOWN OF SOUTHOLD, NEW YORK
NOTICE OF PROPOSITION
TO BE SUBMITTED 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
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:
PROPOSITION
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 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
$2,000,000.00, appropriating said amount therefore,
authorizing the issuance of $2,000,000.00 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:
:.
~
FIRST:~ECITING that pursuant to~ction 247 of the
New York General Municipal Law ("Section 24~, 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
i 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;
SECOND: AUTHORIZING the Town to acquire by purchase,
gift, grant, bequest, devise, lease or otherwise, the ~ee 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,
actually used in bona fide agricultural production within the
Town, for the preservation of open spaces and areas and to
maintain and enhance the conservation 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
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, 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
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 Qf
$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 ("Law") 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
(S) 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.
Dated: Augsut 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.
Copies to the following:
The Suffolk Times
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
,
. .
STATE OF NEW YORK )
):55:
COUNTY OF SUFFOLK )
.,
I:
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.
~()~h//~)
Eliza th A. Neville
Subscribed and sworn to before me
this 23rd day of August 1999.
r?JL
Suffolk County
.
.
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 at9~ 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
*
*
*
Supervisor Cochran
offered the following
resolution and moved its adoption:
221742.2 020032 RES
.
.
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,
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 OR SCENIC 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 Town
221742.2 02oo32 RES
.
.
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 rights in
land situate throughout the Town for the preservation of open
spaces and areas and maintaining and enhancing the conservation
of natural or scenic 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, gift, 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
221742.2 020032 RES
.
.
Section 247, in various parcels of real property,including, but
not limited to, development rights in open agricultural lands,
actually used in bona fide agricultural production within the
Town, for the preservation of open spaces and areas and to
maintain and enhance the conservation 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
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, 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 (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 maximum 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
221142.2 020032 RES
.
.
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 the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein
called "Law"), to finance 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) Allor 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 purchase 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.
221742.2 020032 RES
.
.
(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.
22[742.2 020032 RES
.
.
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 to the
qualified voters of the Town at the Biennial Town Election to be
221742.2 020032 RES
.
.
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.
*
*
*
221742.2 020032 RJJS
.
.
The adoption of the foregoing resolution was seconded
by Concilman Moore
and duly put to a vote on roll call, which
resulted as follows:
NOES:
Councilman Brian G. Murphy
Councilman John M. Romanelli
Councilman William D. Moore
Councilwoman Alice J. Hussie
Supervisor Jean W. Cochran
None
AYES:
The resolution was declared adopted.
********
Councilman Romanelli
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:
221742.2 020032 RES
.
.
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;
SECOND: AUTHORIZING the Town to acquire by purchase,
gift, 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,
actually used in bona fide agricultural production within the
Town, for the preservation of open spaces and areas and to
maintain and enhance the conservation of natural or scenic
221742.2 020032 RES
.
.
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
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, 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
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 ("Law") 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
221742.2 020032 RES
.
.
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
following form
machines to be
Proposition shall appear in substantially the
on the ballot label to be inserted on the voting
used for voting at said Biennial Town Election:
YES:
NO:
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?
221742.2 020032 RES
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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.
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.
*
*
*
221742.2 020032 RES
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.
The adoption of the foregoing resolution was seconded
by Councilwoman Hussie
resulted as follows:
AYES:
NOES:
and duly put to a vote on roll call, which
Councilman Brian G. Murphy
Councilman John M. Romanelli
Councilman William D. Moore
Councilwoman Alice J. Hussie
Supervisor Jean W. Cochran
None
The resolution was declared adopted.
********
221742.2 020032 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)
~ 0 ::tAd'~~)
Town ClerK
221142.2 020032 RES