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HomeMy WebLinkAboutMattituck Inlet .,'-'f .. . 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 (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 128 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 25, 2003: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 25,2003, AUTHORIZING THE TOWN TO JOIN WITH THE UNITED STATES ARMY CORPS OF ENGINEERS ("GOVERNMENT") AND THE STATE OF NEW YORK ("STATE") IN THE PREPARATION AND DEVELOPMENT OF THE MITIGATION OF SHORELINE EROSION DAMAGE STUDY AT MATTITUCK INLET ("STUDY"), IN THE TOWN, AND TO SHARE IN THE COST THEREOF; STATING THE ESTIMATED MAXIMUM COST OF CONDUCTING THE STUDY IS $485,000, OF WHICH $242,500 IS THE PORTION TO BE EXPENDED BY THE STATE, SUBJECT TO REIMBURSEMENT BY THE TOWN IN THE AMOUNT OF $72,750 AT THE COMPLETION OF THE STUDY; APPROPRIATING NOT TO EXCEED $72,750 THEREFOR PLUS $10,000 FOR PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $82,750 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION. .~ . . RECITALS WHEREAS, due to increased concern as to the problem of erosion of the shoreline east of Mattituck Inlet (hereinafter sometimes referred to as "Inlet"), in the Town of Southold (hereinafter sometimes referred to as "Town"), in the County of Suffolk, New York, the United States Army Corps of Engineers (hereinafter sometimes referred to as "Government") and the Department of Environmental Conservation ofthe State of New York (hereinafter sometimes referred to as "State") have entered into an agreement pursuant to Section III of the River and Harbor Act of 1968, as amended, following a determination of the Government that further study, in the nature of a "Feasibility Phase Study", is required, inter alia, to assess the extent of the Government's interest in participating in a solution to the problem; and WHEREAS, the State has the authority and capability to cooperate with the Government in the conduct of such a study and is willing to participate in sharing the cost and financing pursuant to the terms of such agreement in the same percentage as the purposes of the project as specified in Section 105 of the Water Resources Development Act of 1986 (Public Law 99-662) to the extent that the State shall contribute cash and in kind services equal to fifty percent (50%) of such costs; and WHEREAS, the State has the authority pursuant to Section 1536 of Chapter 7 of Title 4 of the New York Unconsolidated Laws to represent the Town in matters concerning the study and the Town has the authority and capability to furnish the non-Government cooperation and has asked the State to represent its interests concerning preparation and development of such study entitled "Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet" (hereinafter sometimes referred to as "Study") and has consented to enter into an agreement with the State whereby the non-Government's share of the costs, estimated to be $242,500, will be reimbursed to the extent of$72,750, being thirty percent (30%) of said non-Government's cost and it is necessary and in the public interest for the Town to provide the requisite financing for said reimbursement; Now therefore, . . THE TOWN BOARD OF THE TOWN OF SOUllIOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOL YES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section I. The Town is hereby authorized to join with the Government and the State in the preparation and development of the Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet, the Town's interest to be represented by the State, as authorized pursuant to Section 1536 of Chapter 7 of Title 4 of the New York Unconsolidated Laws, all as hereinabove referred to in the Recitals hereof and to enter into an agreement with the State concerning the methodology participating in the Study and to share the costs thereof. The estimated maximum cost ofthe Study, including the contributions by the Government, the State and the Town, is $485,000 of which $242,500 is to be expended by the State subject to reimbursement by the Town at the completion of the Study. The estimated maximum cost of the reimbursement to be paid by the Town to the State, as hereinabove referred, to is $72,750, plus preliminary costs and costs incidental thereto and to the financing thereof in the amount of $10,000 and the respective amounts are hereby appropriated therefor. The plan of financing includes the issuance of $82,750 serial bonds of the Town to finance the 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 ofthe Town in the principal amount of $82,750 are hereby authorized to be issued pursuant to the provisions of the New York Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York {herein called "Law"), to finance the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefuIness applicable to the specific object or purpose described in Section I hereof, being the planning for a future capital improvement, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 62. ofthe Law, is five (5) years. . . (b) Pursuant to the provisions of Section 99-d of the New York General Municipal Law, the Town shall not have power to authorize any action with respect to erosion control or related work resulting from the recommendations of the Government or the State or the Town with respect to the results ofthe Study until at least one (1) year after the date of the original issuance of said bonds or any bond anticipation notes issued in anticipation ofthe sale of said bonds. (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose 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 Town Board of the Town, acting as Lead Agency pursuant to the New York Environmental Quality Review Act ("SEQRA "), has determined that the Study is a Type II Action and will not have a significant impact upon the environment and that no further review is required. (e) The proposed maturity of the bonds authorized by this resolution will not 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 shall contain the recital of validity as prescribed by Section 52.00 ofthe Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations ofthe 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 ofthe 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 ofthe issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and 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 any bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of 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 oflaw 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. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE TRAVELER WATCHMAN," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. PL?~~~n~D<(J.. Elizabeth A. Neville Southold Town Clerk . . h~ Tc.. RESOLUTION FEBRUARY 25, 2003 v - 128 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 25. 2003, AUTHORIZING THE TOWN TO JOIN WITH THE UNITED STATES ARMY CORPS OF ENGINEERS ("GOVERNMENT") AND THE STATE OF NEW YORK ("STATE") IN THE PREPARATION AND DEVELOPMENT OF THE MITIGATION OF SHORELINE EROSION DAMAGE STUDY AT MATTITUCK INLET ("STUDY"), IN THE TOWN, AND TO SHARE IN THE COST THEREOF; STATING THE ESTIMATED MAXIMUM COST OF CONDUCTING THE STUDY IS $485,000, OF WHICH $242,500 IS THE PORTION TO BE EXPENDED BY THE STATE, SUBJECT TO REIMBURSEMENT BY THE TOWN IN THE AMOUNT OF $72,750 AT THE COMPLETION OF THE STUDY; APPROPRIATING NOT TO EXCEED $72,750 THEREFOR PLUS $10,000 FOR PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $82,750 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION. RECITALS WHEREAS, due to increased concern as to the problem of erosion of the shoreline east of Mattituck Inlet (hereinafter sometimes referred to as "Inlet"), in the Town of Southold (hereinafter sometimes referred to as "Town"), in the County of Suffolk, New York, the United States Army Corps of Engineers (hereinafter sometimes referred to as "Government") and the Department of Environmental Conservation of the State of New York (hereinafter sometimes referred to as "State") have entered into an agreement pursuant to Section 111 ofthe River and . . Harbor Act of 1968, as amended, following a determination of the Government that further study, in the nature of a "Feasibility Phase Study", is required, inter alia, to assess the extent of the Government's interest in participating in a solution to the problem; and WHEREAS, the State has the authority and capability to cooperate with the Government in the conduct of such a study and is willing to participate in sharing the cost and financing pursuant to the terms of such agreement in the same percentage as the purposes of the project as specified in Section 105 ofthe Water Resources Development Act of 1986 (Public Law 99-662) to the extent that the State shall contribute cash and in kind services equal to fifty percent (50%) of such costs; and WHEREAS, the State has the authority pursuant to Section 1536 of Chapter 7 of Title 4 of the New York Unconsolidated Laws to represent the Town in matters concerning the study and the Town has the authority and capability to furnish the non-Government cooperation and has asked the State to represent its interests concerning preparation and development of such study entitled "Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet" (hereinafter sometimes referred to as "Study") and has consented to enter into an agreement with the State whereby the non-Government's share ofthe costs, estimated to be $242,500, will be reimbursed to the extent of $72,750, being thirty percent (30%) of said non-Government's cost and it is necessary and in the public interest for the Town to provide the requisite financing for said reimbursement; Now therefore, THE TOWN BOARD OF THE TOWN OF SOUl 1 IOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOL YES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town is hereby authorized to join with the Government and the State in the preparation and development of the Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet, the Town's interest to be represented by the State, as authorized pursuant to . . Section 1536 of Chapter 7 of Title 4 of the New York Unconsolidated Laws, all as hereinabove referred to in the Recitals hereof and to enter into an agreement with the State concerning the methodology participating in the Study and to share the costs thereof. The estimated maximum cost of the Study, including the contributions by the Government, the State and the Town, is $485,000 of which $242,500 is to be expended by the State subject to reimbursement by the Town at the completion of the Study. The estimated maximum cost of the reimbursement to be paid by the Town to the State, as hereinabove referred, to is $72,750, plus preliminary costs and costs incidental thereto and to the financing thereof in the amount of $1 0,000 and the respective amounts are hereby appropriated therefor. The plan of financing includes the issuance of $82,750 serial bonds of the Town to finance the 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$82,750 are hereby authorized to be issued pursuant to the provisions ofthe New York Local Finance Law, constituting Chapter 33-a of the Consolidated Laws ofthe State of New York {herein called "Law"), to finance the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose described in Section 1 hereof, being the planning for a future capital improvement, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 62. of the Law, is five (5) years. (b) Pursuant to the provisions of Section 99-d ofthe New York General Municipal Law, the Town shall not have power to authorize any action with respect to erosion control or related work resulting from the recommendations of the Government or the State or the Town with respect to the results ofthe Study until at least one (1) year after the date of the original issuance of said bonds or any bond anticipation notes issued in anticipation ofthe sale of said bonds. . . (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose 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 ofthe United States Treasury Department. (d) The Town Board of the Town, acting as Lead Agency pursuant to the New York Environmental Quality Review Act ("SEQRA "), has determined that the Study is a Type II Action and will not have a significant impact upon the environment and that no further review is required. (e) The proposed maturity of the bonds authorized by this resolution will not 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 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 ofthe sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption ofthe bonds and any notes in anticipation thereofto mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions ofthis 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, Section 30.00 relative to the authorization of the issuance ofbond 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 any bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town, Section 6. The validity ofthe bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds maybe 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 oflaw 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. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 ofthe Law in "THE TRAVELER WATCHMAN," a newspaper published in Southold. New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication, * * * ~a/~uu~ ~q:ua ~AA , , ,RESOLUTION .- FEBRUARY 25. 2003. B Ii!IUU~ ;" BOND RESOLUTION OF TIlE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 25, 2003, AUTHORIZING THE TOWN TO JOIN WITH TIlE UNITED STATES ARMY CORPS OF ENGINEERS ("GOVERNMENT") AND TIlE STATE OF NEW YORK ("STATE") IN TIlE PREPARATION AND DEVELOPMENT OF THE MITIGATION OF SHORELINE EROSION DAMAGE STUDY AT MATTITUCK INLET ("STUDY"), IN TIlE TOWN, AND TO SHARE IN TIlE COST THEREOF; STATING TIlE ESTIMATED MAXIMUM COST OF CONDUCTING TIlE STUDY IS $485,000, OF WHICH $242,500 IS THE PORTION TO BE EXPENDED BY TIlE STATE, SUBJECT TO REIMBURSEMENT BY THE TOWN IN THE AMOUNT OF $72,750 AT THE COMPLETION OF TIlE STUDY; APPROPRIATING NOT TO EXCEED $72,750 THEREFOR PLUS $10,000 FOR PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $82,750 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION. REcrT ALS WHEREAS, due to increased concern as to the problem of erosion of the shoreline east of Mattituck Inlet (hereinafter sometimes referred to as "Inlet"), in the Town of Southold (hereinafter sometimes referred to as "Town"), in the County of Suffolk, New York, 417651.1 025771 RES 02125/2003 14:09 ~AX , . 19J006 . . the United States Army Corps of Engineers (hereinafter sometimes referred to as "Government") and the Department of Environmental Conservation of the State of New York (hereinafter sometimes referred to as "State") have entered into an agreement pursuant to Section 111 of the River and Harbor Act of 1968, as amended, following a determination of the Government that further study, in the nature of a "Feasibility Phase Study", is required, inter alia, to assess the extent of the Government's interest in participating in a solution to the problem; and WHEREAS, the State has the authority and capability to cooperate with the Government in the conduct of such a study and is willing to participate in sharing the cost and financing pursuant to the terms of such agreement in the same percentage as the purposes of the project as specified in Section 105 of the Water Resources Development Act of 1986 (Public Law 99-662) to the extent that the State shall contribute cash and in kind services equal to fifty percent (50%) of such costs; and WHEREAS, the State has the authority pursuant to Section 1536 of Chapter 7 of Title 4 of the New York Unconsolidated Laws to represent the Town in matters concerning the study and the Town has the authority and capability to furnish the non-Government cooperation and has asked the State to represent its interests concerning preparation and development of such study entitled "Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet" (hereinafter sometimes referred to as "Study") and has consented to enter into an agreement with the State whereby the non-Government's share of the costs, estimated to be $242,500, will be reimbursed to the extent of $72,750, being thirty percent (30%) of said non-Government's cost and it is necessary and in the public interest for the Town to provide the requisite financing for said reimbursement; 417651.1 025771 RES 02/25/2003 14:09 FAX 141007 . . , ' Now therefore, THE TOWN BOARD OF THE TOWN OF SOUTIlOlD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOL YES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town is hereby authorized to join with the Government and the State in the preparation and development of the Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet, the Town's interest to be represented by the State, as authorized pursuant to Section 1536 of Chapter 7 of Title 4 of the New York Unconsolidated Laws, all as hereinabove referred to in the Recitals hereof and to ~ter into an agreement with the State concerning the methodology participating in the Study and to share the costs thereof The estimated maximum cost of the Study, including the contributions by the Government, the State and the Town, is $485,000 of which $242,500 is to be expended by the State subject to reimbursement by the Town at the completion of the Study. The estimated maximum cost of the reimbursement to be paid by the Town to the State, as hereinabove referred, to is $72,750, plus preliminary costs and costs incidental thereto and to the financing thereof in the amount of $10,000 and the respective amounts are hereby appropriated therefor. The plan of financing includes the issuance of $82,750 serial bonds of the Town to finance the 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 $82,750 are hereby authorized to be issued pursuant to the provisions of the New York Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of tbe State of New York (herein called "Law"), to finance the said appropriation. 417651.\ 025771 RES 02/25/2003 14:09 FAX 1i!I008 . . Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose described in Section 1 hereof, being the planning for a future capital improvement, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 62. of the Law, is five (5) years. (b) Pursuant to the provisions of Section 99-d of the New York General Municipal Law, the Town shall not have power to authorize any action with respect to erosion control or related work resulting from the recommendations of the Government or the State or the Town with respect to the results of the Study until at least one (1) year after the date of the original issuance of said bonds or any bond anticipation notes issued in anticipation of the sale of said bonds. (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose 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 Town Board ofthe Town, acting as Lead Agency pursuant to the New York Environmental Quality Review Act ("SEQRA"), has determined that the Study is a Type II Action and will not have a significant impact upon the environment and that no .further review is required. (e) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. 417651.1 025771 RES 02/25/2003 14:10 FAX I4J 009 . . , . Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, 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 any bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: 417651.1 025771 RES u~/~a/~uu~ ~4:~U ~.AA II!IUIU . . (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. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE TRAVELER WATCHMAN," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. * * * 417651.1 025771 RES 02/25/2003 14:10 FAX 141011 . . The adoption of the foregoing resolution was seconded by put to a vote on roll call, which resulted as follows: and duly AYES: NOES: The resolution was declared adopted. ***..*** 417651.1 025771 RES 02/25/2003 14:11 FAX . 1l!I012 . . , . CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on February 25, 2003, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold this _ day of February, 2003. (SEAL) Town Clerk 417651.1 025771 RES U~/~~/~UUJ ~4:~~~.AA Il!JUH . . , . (NOTICE TO BE ATTACHED TO AND TO BE PUBLISHED WITH RESOLUTION AFTER ADOPTION) NOTICE The resolution, a summary of which is published herewith, has been adopted on the 25th day of February, 2003, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an obj ect or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A NEVILLE Town Clerk 417651.1 025771 RES UZ/Z~/ZUU3 14:11 YA! . . . Il!J014 . . BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 25, 2003, AUTHORIZING THE TOWN TO JOIN WITH THE UNITED STATES ARMY CORPS OF ENGINEERS ("GOVERm.1ENT") AND THE STATE OF NEW YORK ("STATE") IN THE PREPARATION AND DEVELOPMENT OF THE MITIGATION OF SHORELINE EROSION DAMAGE STUDY AT MATTITUCK INLET ("STUDY"), IN THE TOWN, AND TO SHARE IN THE COST THEREOF; STATING THE ESTIMATED MAXIMUM COST OF CONDUCTING THE STUDY IS $485,000, OF WInCH $242,500 IS THE PORTION TO BE EXPENDED BY THE STATE, SUBJECT TO REIMBURSEMENT BY THE TOWN IN THE AMOUNT OF $72,750 AT THE COMPLETION OF THE STUDY; APPROPRIATING NOT TO EXCEED $72,750 THEREFOR PLUS $10,000 FOR PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $82,750 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: Amount of obligations to be issued: Period of probable usefulness: to plan for a future capital improvement by joining with the United States Army Corps of Engineers ("Government") and the Department of Environmental Conservation of the State of New York ("State") in the preparation and Development of the study entitled "Mitigation of Shoreline Erosion DanIage Study at Mattituck Inlet", the Government and the State to contribute equally to cost thereof and the State and the Town to contribute to the State's share on the basis of 70% and 30%, respectively, pursuant to which the Town will reimburse the State in the amount of not to exceed $72,750 which is the estimated maximum cost of such reimbursement plus preliminary costs incidental thereto and the financing thereof in the amount of $1 0,000. $82,750 five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the. Town Clerk's Office, 53095 Main Road, Southold, New York. Dated: February 25, 2003 Southold, New York 417651.1 025771 RES it . ~J q)elareld de fl/rxxf 6'7 1/0,11 ~ JVew oy~ 10005 ~.(U2) 820-.9300 gTaa;..(212) 5111-81125 RECEIVED 7f/~'. ~~..A!umk. 212-820-9416 MAR 2 8 2003 Direct Facsimile: e-mail address: 212-820-9603 gfernandez@hdw.com S..thold Town Cart March 24, 2003 Town of Southold, New York $82,750 Serial Bonds for Study at Mattituck Inlet (Our File Designation: 2615/025771) Elizabeth A. Neville Town Clerk Town of South old 53095 Main Road Southold, New York 11971 Dear Ms. Neville: Thank you for your letter dated March 11th enclosing the certified copy of the bond resolution authorizing the above issue of serial bonds, adopted on February 25, 2003 together with the Affidavit of Publication from the Traveller News. Each of these items of proof have been included in our records. With kind regards, I remain , "" Gerard Fernandez, Jr. GF, Jr./bc 417651.1 025771 RES . 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 (631) 765-6145 Telephone (631) 765-1800 sou tho Id to\vn. northf or k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Gerald Fernandez, Jf. Hawkins, Delafield, & Wood 67 Wall Street New York, New York 10005 Dear Mr. Fernandez: March II, 2003 Re: $82,750. Serial Bonds for Study at Mattituck Inlet File Designation: 2615/025771 Enclosed please find a certified copy of the extract of minutes and an original affidavit of publication with respect to the summary of the above referenced bond resolution. Please do not hesitate to call if there is anything further that you need from me at this time. Thank you. cc: Town Attorney Town Comptroller Sincerely, ~O~ Elizabeth A. Neville Southold Town Clerk . . EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York February 25,2003 * * * A regular meeting of the Town Board of the Town of South old, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, in said Town, on February 25,2003 at 7:30 o'clock P.M- (prevailing Time). There were present: Hon. Joshua Y. Horton, Supervisor; and Board Members: Councilman John Romanelli Councilman William Moore Councilman Craig Richter There were absent: Councilman Thomas Wickham Councilwoman Louisa Evans Also present: Elizabeth A. Neville, Town Clerk Gregory Yakaboski, Town Attorney John Cushman, Town Comptroller * * * Councilman John Romanelli offered the following resolution and moved its adoption: . . BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 25. 2003, AUTHORIZING THE TOWN TO JOIN WITH THE UNITED STATES ARMY CORPS OF ENGINEERS ("GOVERNMENT") AND THE STATE OF NEW YORK ("STATE") IN THE PREPARATION AND DEVELOPMENT OF THE MITIGATION OF SHORELINE EROSION DAMAGE STUDY AT MATTITUCK INLET ("STUDY"), IN THE TOWN, AND TO SHARE IN THE COST THEREOF; STATING THE ESTIMATED MAXIMUM COST OF CONDUCTING THE STUDY IS $485,000, OF WHICH $242,500 IS THE PORTION TO BE EXPENDED BY THE STATE, SUBJECT TO REIMBURSEMENT BY THE TOWN IN THE AMOUNT OF $72,750 AT THE COMPLETION OF THE STUDY; APPROPRIATING NOT TO EXCEED $72,750 THEREFOR PLUS $10,000 FOR PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $82,750 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION. RECITALS WHEREAS, due to increased concern as to the problem of erosion of the shoreline east of Mattituck Inlet (hereinafter sometimes referred to as "Inlet"), in the Town of South old (hereinafter sometimes referred to as "Town"), in the County of Suffolk, New York, the United States Army Corps of Engineers (hereinafter sometimes referred to as "Government") and the Department of Environmental Conservation of the State ofN ew York (hereinafter sometimes referred to as "State") have entered into an agreement pursuant to Section 111 ofthe River and Harbor Act of 1968, as amended, following a determination of the Government that further study, in the nature of a "Feasibility Phase Study", is required, inter alia, to assess the extent of the Government's interest in participating in a solution to the problem; and . . WHEREAS, the State has the authority and capability to cooperate with the Government in the conduct of such a study and is willing to participate in sharing the cost and financing pursuant to the terms of such agreement in the same percentage as the purposes ofthe project as specified in Section 105 of the Water Resources Development Act of 1986 (Public Law 99-662) to the extent that the State shall contribute cash and in kind services equal to fifty percent (50%) of such costs; and WHEREAS, the State has the authority pursuant to Section 1536 of Chapter 7 of Title 4 of the New Yark Unconsolidated Laws to represent the Town in matters concerning the study and the Town has the authority and capability to furnish the non-Government cooperation and has asked the State to represent its interests concerning preparation and development of such study entitled "Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet" (hereinafter sometimes referred to as "Study") and has consented to enter into an agreement with the State whereby the non-Government's share of the costs, estimated to be $242,500, will be reimbursed to the extent of $72,750, being thirty percent (30%) of said non-Government's cost and it is necessary and in the public interest for the Town to provide the requisite financing for said reimbursement; Now therefore, THE TOWN BOARD OF THE TOWN OF SOUIlIOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOL YES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town is hereby authorized to join with the Government and the State in the preparation and development of the Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet, the Town's interest to be represented by the State, as authorized pursuant to Section 1536 of Chapter 7 of Title 4 of the New York Unconsolidated Laws, all as hereinabove referred to in the Recitals hereof and to enter into an agreement with the State concerning the methodology participating in the Study and to share the costs thereof. The estimated maximum cost of the Study, including the contributions by the Government, the State and the Town, is $485,000 of which $242,500 is to be expended by the State subject to reimbursement by the . . Town at the completion of the Study. The estimated maximum cost of the reimbursement to be paid by the Town to the State, as hereinabove referred, to is $72,750, plus preliminary costs and costs incidental thereto and to the financing thereof in the amount of $10,000 and the respective amounts are hereby appropriated therefor. The plan of financing includes the issuance of $82,750 serial bonds ofthe Town to finance the 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$82,750 are hereby authorized to be issued pursuant to the provisions of the New York Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York {herein called "Law"), to finance the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose described in Section I hereof, being the planning for a future capital improvement, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 62. of the Law, is five (5) years. (b) Pursuant to the provisions of Section 99-d of the New York General Municipal Law, the Town shall not have power to authorize any action with respect to erosion control or related work resulting from the recommendations of the Government or the State or the Town with respect to the results of the Study until at least one (I) year after the date of the original issuance of said bonds or any bond anticipation notes issued in anticipation ofthe sale of said bonds. (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose 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 Town Board ofthe Town, acting as Lead Agency pursuant to the New York Environmental Quality Review Act ("SEQRA "), has determined that the Study is a Type 11 Action and will not have a significant impact upon the enviromnent and that no further review is required. (e) The proposed maturity of the bonds authorized by this resolution will not 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 shall contain the recital of validity as prescribed by Section 52.00 ofthe 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 ofrate or amount. The faith and credit ofthe 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 ofthe issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and 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 any bonds heretofore or hereafter authorized, and of any bond anticipation notes . . issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of 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 oflaw 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. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE TRAVELER WATCHMAN," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. * * * . . The adoption of the foregoing resolution was seconded by Councilman William Moore and duly put to a vote on roll call, which resulted as follows: AYES: Councilman Craig A. Richter, Councilman John M. Romanelli, Councilman William D. Moore, Supervisor Joshua Y. Horton NOES: None The resolution was declared adopted. * * * * * * * * ~ . . CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes ofa meeting of the Town Board of said Town of South old duly called and held on February 25, 2003, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold this 25th day of February, 2003. (SEAL) ~:'h40y?h/4 Town Clerk 417651.1 025771 RES . . :Ytawlvin6-, 0elafield &: 11/ ood 6'7 110,1/ JlA'ed; v;v'""ew OJ/~ 10005 '?TeIe..(212) 82 0 -.9 3 0 0 '?T=..(212) 5f4-,U25 'IK.tm<'. q)~ q)ia/ JVw",k" 212-820-9416 Direct Facsimile: e-mail address: 212-820-9603 gfernandez@hdw.com March 5, 2003 Town of Southold, New York $82,750 Serial Bonds for Study at Mattituck Inlet (Our File Designation: 2615/025771) , 1 Gregory Yakaboski, Esq. Town Attorney Town of Southold 53095 Main Road Southold, New York 11971 MAR - 6 ~! rQdrX ,. " . . . ...;.. ~ cc,."."_ -, .. ;~OC3 j .....1 .~ ."';..; , ..-,-.--.....----"'" Dear Greg: With reference to our several recent telephone the study of problems of shoreline erosion at Mattituck Inlet and pursuant to your request I have had prepared and now send you draft Extract of Minutes of the regular Town Board meeting held on February 25th, showing adoption of the bond resolution authorizing the above bonds and authorizing and directing the publication of a summary of such resolution the official Town newspaper (The Traveler Watchman) designated therein. Please note that the bond resolution is to be adopted by at least a two-thirds vote of the entire Town Board membership. May I call to your attention Section 3, paragraph (b) of the bond resolution concerning the restriction on authorizing the undertaking of the capital improvement until at least one (1) year after the original issuance of the bonds or any bond anticipation notes (see General Municipal Law, !l99-d and Local Finance Law !l 11.00 a 62). An extra copy of the summary of the bond resolution with the prescribed form of the Town Clerk's statutory notice affixed in readiness for publication, in full, in the official Town newspaper is also enclosed. 417651.1 02577\ RES . . As you know, publication of the summary of the bond resolution with the prescribed form of Town Clerk's notice, commences a 20 day statute oflimitations pursuant to the provisions of Section 80.00 et seq of the Local Finance Law. Please obtain and forward to me a certified copy of the Extract of Minutes and an original Affidavit of Publication with respect to the summary of the bond resolution. Should you have any questions, please do not hesitate to call or write me at your convemence. Again, thanking you and with kind regards, GF, Jr.:bc Enclosures 417651.1 025771 RES LEGAL NOTlU, The resolution, a summary of which is published herewi1lH has been adopted on the 25 day of Febrwiiv, 2003, and the ,validity of ,die obligations , authonzed bJl' such resolution may be hereafter contested ollly if such obligations were authOr- ized for an object"Or JlIIl'llOSe, 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 substantial- ly complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were author. ized in VIolation of the provi- ' sians of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 25, 2003, AUTHORIZING THE TOWN TO JOIN WITH THE UNITED STATES ARMY CORPS OF ENGINEERS ("GOVERNMENT") AND tHE STATE OF NEW YORK ("STATE") IN tHE PREPARA- TION AND DEVELOP,MENT OF THE MITIGATION OF SHORELINE EROSION DAMAGE STUDY AT MAT- TITUCK INLET ("STUDY"), IN THE TOWN, AND TO SHARE IN THE COST THEREOF; STATING THE COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has . --, ~ Traveler week ~cessively, .....day of 33. ESTIMATED MAXIMUM five (5) years COST Of CONDUCTING A complete copy of the Bond THE STUDY IS $485,000, OF Resolution summarized above WHICH $242,500 IS THE shall be available for rublic PORTION TO BE EXPENDED inspection during norma busi- BY THE STATE, SUBJECT TO ness hours at the office of the REIMBURSEMENT BY THE Town Clerk's Office, 53095 TOWN IN THE AMOUNT OF MYioarink. Road, Southold, New , '.~....... $72,750 AT THE COMPLE- _~ TION OF THE STUDY; Dated: February 25, 2003 . APPROPRIATING NOT TO Southold, New York EXCEED $72,750 THEREFOR . lX-3/6/03(586) h PLUS $10,000 FOR PRELIMI- NARY COSTS AND COSTS . . INCIDENtAL THERETO SW;fl{O before me thls.........day of AND THE FINANCING r, CJ. 2003 THEREOF AND AUTHORIZ- ... .. ~......., . ING THE ISSUANCE OF NOT TO EXCEED $82,750 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRI- ATION. Object or plI!J.lOse; to plan for a future cal"tallmprovement by joining WIth the United States Army Corps of Engineers ("Government") and the Department of Environmental Conservation of the State of New York ("State") in the prepa- ration and Develqpment of the study entitled "Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet", the Government and the State to contribute equally to cost there- of and the State and the Town to contribute to the State's share on the basis of 70% and 30%, respectively, eursuant to which the Town WIll reimburse the State in the amount of not to exceed $72,750 which is the estimated maximum cost of such reimbursement plus pre- liminary cOS;ls incidenful thereto and the financing thereof in the amount of $10,000. Amount of obligations to be issued: $82,750 Period of probable usefulness; ..~j...~/.0.~/ Notary Public Emily Hamill NOTARY PUBLIC. State of New York No.OIHA5059984 Qualified in Suffolk County Commission expires May 06. 2006 Board of Town Trustees By: Charlotte J. Cunningham Clerk LE NTIE The resolution, a summary of which is published herewi1!h has been adopted on the 25 day of February, 2003, and the validity of the' obligations authonzed by such resolution may be hereafter contested only if such obligations were author- ized 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 substantial- ly complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such oblillations were aumor- ized in VIolation of the provi- sions of the constitution. ELIZABETH A. NEVILLE . '. Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN") ADOPTED FEBRUARY 25: 2003, AUTHORIZING THE TOWN TO JOIN WITH THE UNITED STATES ARMY CORPS OF ENGINEERS ("GOVERNMENT") AND tHE STATE OF NEw YORK ("STATE") IN THE PREPARA- tiON AND DEVELOPMENT OF THE MITIGATION OF SHORELINE EROSION DAMAGE STUDY AT MAT- TITUCK INLET ("STUDV"), IN THE TOWN,' AND TO SHARE IN THE COST THEREOF; STATING THE ESTIMATED MAXIMUM COST OF CONDUCTING THE STUDY IS $4S5,000, OF WHICH $242,500 IS THE PORTION TO BE EXPENDED BYTHE STATE, SUBJECT TO REIMBURSEMENT BY THE TOWN IN THE AMOUNT OF $72,750 AT THE COMPLE- . TION OF THE STUDY; APPROPRIATING NOT TO EXCEED $72,750 THEREFOR PLUS $10,000 FOR PRELIMJ- NARY COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF AND AUTHORIZ- ING THE ISSUANCE OF NOT TO EXCEED $S2,750 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRI- ATION. Object or pll!l'ose: to plan for a future cap,tal,mproyernent by joining Wllb the United States Army Corps of Engineers ("Government") and the Departtnent of Environmental Conservation of the State of New York ("State") in the prepa- ration and Development of lbe study entitled "Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet", the Government and the State to contribute equally to cost there- of and the State and the Town to contribute to the State's share on the basis of 70% and 30%, respectively, pursuant to which . the Town wIll reimburse the State in the amount of not to exceed $72,750 which is the estimated 'maximum cost of such reimbursement plus pre- liminary costs incidental thereto and the financing thereof in the amount of $10,000. Amount Qf obligations to be issued: $S2,750 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available forJublic inspection during norm busi- ness hours at the office of the Town Clerk's Office, 53095 Main Road, Southold, New York. ,Dated: February 25, 2003 . Southolil, New York IX-3/6/03(5S6) PUBLIC NOTICE Pursuant to Section 267 of the Town Law a Public Hearing will be held by the Zoning Board of Appeals of the Town of Riverhead, Suffolk County, New York on March 13, 2003 at the Riverhead Town Hall 200 HOwell Avenue, Riverhead, New York not before the time shown below on each of the fol- lowing appeals: 7:45 p.m., prevailing time, AppeaI ~o. 03-16, Appeal of George Yakaboski, 159 Robinson Parkway, Riverhead, New York for variances to Chapter lOS, Section IOS-16 of the Code of the Town of Riverhead, requesting permis- sion to leave an addition to a residence having a side yard width of 13.5 feet instead of the required 15 feet and Section lOS-IS, requesting permission to leave a shed havmg a side yard width of 4 feet instead of lbe required 10 feet. 7:50p.m., prevailing time, Appeal No. 03-17, Appeal of Joseph -TQrnashefsKY,. 22 Overlook Drive, Aquebogue, New York for a variance to Chapter lOS, Section IOS-64 of the Code of the Town of Riverhead, requesting permis- sion to replace an existing mobile home with a new one. 7:55 p.m., prevailing time, Appeal ~o. 03-IS, Appeal of RIchard Vlacci, 12 Dolphin Way, Riverhead, New York for a vanance of Chapter lOS, Section lOS-IS ,of the Code of the Town of River head, request- ing a certificate of occupancy for a 1'0014.7 feet from the main dwelling instead of the required 10 feet. S:OO p.m., prevailing. time, Appeal No. 03-19, Appeal of Dennis Smith, Bayberry Lane, Riverhead, New York fora vari- ance to Chapter lOS, Section lOS-IS of the Code of the ToWn of Riverhead, requesting per- mission to erect a garage in the area designated front yard. All appeals adjourned to this date WIll be heara prior to those listed above. Any person desiring to be heard on the above mentioned appeals should appear at the specified time and place. MARTIN KELLER CHAIR- MAN ZONING BOARD OF APPEALS IX-3/6/03(5S7) m Cover Both Towns Qgjt Wrabtltr .llIattblltan Subscribe TOday!: 765-3425 . " \ . . LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on the 25th day of February, 2003, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an objeCt or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York, is not authorized to expend money or if the provisions oflaw which should have been complied with as of the date of publication ofthis Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk . . BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 25,2003, AUTHORIZING THE TOWN TO JOIN WITH THE UNITED STATES ARMY CORPS OF ENGINEERS ("GOVERNMENT") AND THE STATE OF NEW YORK ("STATE") IN THE PREPARATION AND DEVELOPMENT OF THE MITIGATION OF SHORELINE EROSION DAMAGE STUDY AT MATTITUCK INLET ("STUDY"), IN THE TOWN, AND TO SHARE IN THE COST THEREOF; STATING THE ESTIMATED MAXIMUM COST OF CONDUCTING THE STUDY IS $485,000, OF WHICH $242,500 IS THE PORTION TO BE EXPENDED BY THE STATE, SUBJECT TO REIMBURSEMENT BY THE TOWN IN THE AMOUNT OF $72,750 AT THE COMPLETION OF THE STUDY; APPROPRIATING NOT TO EXCEED $72,750 THEREFOR PLUS $10,000 FOR PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $82,750 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to plan for a future capital improvement by joining with the United States Army Corps of Engineers ("Government") and the Department of Environmental Conservation of the State of New York ("State") in the preparation and Development ofthe study entitled "Mitigation of Shoreline Erosion Damage Study at Mattituck Inlet", the Government and the State to contribute equally to cost thereof and the State and the Town to contribute to the State's share on the basis of70% and 30%, respectively, pursuant to which the Town will reimburse the State in the amount of not to exceed $72, 750 which is the estimated maximum cost of such reimbursement plus preliminary costs incidental thereto and the financing thereof in the amount of$1O,OOO. Amount of obligations to be issued: $82,750 Period of probable usefulness: five (5) years A complete copy ofthe Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk's Office, 53095 Main Road, Southold, New York. Dated: February 25.2003 Southold, New York '. . . PLEASE PUBLISH ON MARCH 6, 2003, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICA nON TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler Watchman Town Board Members Town Attorney John Cushman, Comptroller Hawkins, Delafield & Wood Town Clerk Bulletin Board , . . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 28 day of Februarv , 2003, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Legal Notice of Adoption of Bond for Erosion Damage at Mattituck Inlet P~~.~4fI?~'J~~ zabeth A. Nevi e Southold Town Clerk Sworn before me this 28 day of Februarv ,2003. ~(t fJ. M~ Notary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified In Suffolk County Term Expires March 8, 20..Q2-