HomeMy WebLinkAboutMoeller & TMJ-Peconic Dunes-Bittner Preserve
OFFICE OF THE COUNTY LEGISLATURE
COUNTY OF SUFFOL.K
EVANS K. GRIFFING BUILDING
300 CENTER DRIVE
RIVER HEAD, NEW YORK 11901
(631) 852-1703
TIM LAUBE
CLERK
December 13, 2007
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Ms. Elizabeth A Neville, Clerk
Southold Town Hall
53095 Route 25
P.O. Box I I 79
Southold, NY I 1971
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So.,:'
Dear Ms. Neville,
Enclosed are certified copies of Bond Resolution Numbers 1126 and 1132 of 2007, which were
adopted by the Suffolk County Legislature on November 20, 2007.
Enclosed are certified copies of Resolution Numbers 1082,1125 andl 131 of 2007, which were
adopted by the Suffolk County Legislature on November 20, 2007.
If you have any questions, please do not hesitate to contact me at (631) 852- I 704.
Very truly yours,
..ta'L
Tim Laube
Clerk
Enclosure
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Intro. Res. No. 2049A-2007
BOND RESOLUTION NO. / / ~ (p - 2007
BOND RESOLUTION OF THE COUNTY OF SUFFOLK, NEW
YORK, AUTHORIZING THE ISSUANCE OF $6,647,000
BONDS TO FINANCE A PART OF THE COST OF THE
ACQUISITION OF LAND UNDER THE SUFFOLK COUNTY
ENVIRONMENTAL LEGACY FUND PROGRAM FOR OPEN
SPACE PRESERVATION FOR THE MOELLER AND TMJ
REALTY, INC. PROPERTY - PECONIC DUNES - BITTNER
PRESERVE, TOWN OF SOUTHOLD (CP 8731.210)
THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the
members of said County Legislature) AS FOLLOWS:
Section 1. The County of Suffolk, New York (herein called the "County"), is
hereby authorized to issue bonds in the principal amount of $6,647,000 pursuant to the Local
Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York
(referred to herein as the "Law"), the Suffolk County Charter and other applicable laws, to
finance a part of the cost of the acquisition of land under the Suffolk County Environmental
Legacy Fund program for open space preservation for the Moeller and TMJ Realty, Inc. Property
- Peconic Dunes - Bittner Preserve, Town of Southold (SCTM Nos. 1000-058.00-01.00-001.000,
1000-068.00-01.00-017.002 and 1000-068.00-01.00-017.003), as authorized in the 2007 Capital
Budget and Program, as amended. The estimated maximum cost of the project described herein,
533032.1 030292 RES
including preliminary costs and costs incidental thereto and the financing thereof, is
$13,294,000. The County's share of such cost is $6,647,000 and the $6,647,000 balance of the
cost is expected to be paid by the Town of Southold pursuant to an agreement between the
County and such Town. The plan of financing the County's share of such cost includes the
issuance of $6,647,000 bonds or bond anticipation notes authorized pursuant to this resolution
and the levy and collection of taxes on all the taxable real property in the County to pay the
principal of said bonds or notes and the interest thereon as the same shall become due and
payable.
Section 2. The period of probable usefulness applicable to the object or purpose
for which said bonds are authorized to be issued, within the limitations of 11.00 a. 21 ofthe Law,
is thirty (30) years.
Section 3. The proceeds of the bonds herein authorized, and any bond
anticipation notes issued in anticipation of said bonds, may be applied to reimburse the County
for expenditures made after the effective date of this resolution for the purpose for which said
bonds are authorized, or for such expenditures made on or prior to the effective date if a prior
statement of intent to issue bonds has been made. 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.
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 County, payable as to both
principal and interest by a general tax upon all the taxable real property within the County
533032.1 030292 RES
without limitation as to rate or amount. The faith and credit ofthe County 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 County 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 Resolution No. 320 of 1966, as amended by Resolution No. 81 of
1972, and Section 21.00 of the Law 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 Section 50.00 and Sections 56.00 to 60.00 and
168.00 of the Law, the powers and duties of the County Legislature 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, and relative to executing contracts for
credit enhancements and providing for substantially level or declining annual debt service, are
hereby delegated to the County Comptroller, the chief fiscal officer of the County.
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
County 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, or a summary thereof, are not substantially
complied with,
533032.1 030292 RES
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 upon approval by
the County Executive, and the Clerk of the Legislature is hereby authorized and directed to
publish the foregoing resolution, in summary or in full, together with a Notice attached in
substantially the form prescribed by Section 81.00 of the Law in the official newspaper(s) of the
County .
Dated: NOV 2 0 2007
APPROVED:
ty ffolk County
NoJe"" b if ), 5 ,2007
I
CHIEF DEPUTY COUNTY EXECUTIVE
'I1iis is to Certify 11iat I, TIM LAUBE, Clerk of the County
Legislature of the County of Suffolk, have compared the foregoing copy of
resolution with the original resolution now on file in this offICe, and
which was duly adopted by the County Legislature of said County on
November 20, 2007 and that the same is a true and
correct transcript of said resolution and of the whole thereof.
In Witness Whereof, I have hereunto set my hand and the
official seal of the County Legislature of the County of Suffolk.
7~~
Cieri< of the County Legislature
,
Intro. Res. No. 2052A-2007
BOND RESOLUTION NO.l/.3cQ2007
BOND RESOLUTION OF THE COUNTY OF SUFFOLK, NEW
YORK, AUTHORIZING THE ISSUANCE OF $1,200,000
BONDS TO FINANCE THE COST OF THE ACQUISITION OF
THE MILAZZO FAMILY LLC PROPERTY IN THE TOWN OF
SOUTHOLD, UNDER THE SUFFOLK COUNTY
MULTIFACETED LAND PRESERVATION PROGRAM (CP
7 I 77.230)
THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the
members of said County Legislature) AS FOLLOWS:
Section 1. The County of Suffolk, New York (herein called the "County"), is
hereby authorized to issue bonds in the principal amount of $1 ,200,000 pursuant to the Local
Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York
(referred to herein as the "Law"), the Suffolk County Charter and other applicable laws, to
finance the cost of the acquisition of the Milazzo Family LLC property in the Town of Southold,
(SCTM No. 1000-053.00-01.00-009.000) under the Suffolk County Multifaceted Land
Preservation Program, as authorized in the 2007 Capital Budget and Program, as amended. The
estimated maximum cost of the project described herein, including preliminary costs and costs
incidental thereto and the financing thereof, is $1,200,000. The plan of financing includes the
issuance of $1,200,000 bonds or bond anticipation notes authorized pursuant to this resolution
532551.1 030292 RES
and the levy and collection of taxes on all the taxable real property in the County to pay the
principal of said bonds or notes and the interest thereon as the same shall become due and
payable.
Section 2. The period of probable usefulness applicable to the object or purpose
for which said bonds are authorized to be issued, within the limitations of 11.00 a. 21 of the Law,
is thirty (30) years.
Section 3. The proceeds of the bonds herein authorized, and any bond
anticipation notes issued in anticipation of said bonds, may be applied to reimburse the County
for expenditures made after the effective date of this resolution for the purpose for which said
bonds are authorized, or for such expenditures made on or prior to the effective date if a prior
statement of intent to issue bonds has been made. 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.
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 County, payable as to both
principal and interest by a general tax upon all the taxable real property within the County
without limitation as to rate or amount. The faith and credit of the County 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 County by appropriation for (a) the amortization and redemption ofthe bonds and
532551.1 030292 RES
.'."!!';
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 ofthis resolution and of the Law and
pursuant to the provisions of Resolution No. 320 of 1966, as amended by Resolution No.8 1 of
1972, and Section 21.00 of the Law 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 Section 50.00 and Sections 56.00 to 60.00 and
168.00 of the Law, the powers and duties of the County Legislature 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, and relative to executing contracts for
credit enhancements and providing for substantially level or declining annual debt service, are
hereby delegated to the County Comptroller, the chief fiscal officer of the County:
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
County is not authorized to expend money, or
(b) the provisions oflaw which should be complied with at the date ofthe
publication of such resolution, or a summary thereof, 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.
532551.1 030292 RES
...
.
0._.''''
Section 7. This bond resolution shall take effect immediately upon approval by
the County Executive, and the Clerk of the Legislature is hereby authorized and directed to
publish the foregoing resolution, in summary or in full, together with a Notice attached in
substantially the form prescribed by Section 81.00 of the Law in the official newspaper( s) of the
County.
,
Dated: llOV 2 0 2007
APPROVED:
CHIEF DEPUTY COUNTY EXECUl1VE
71iis is to Certify '11iat I, TIM LAUBE, Clerk. of the County
Legislature of the County of Suffolk, have compared the foregoing copy of
resolution with the original resolution now on file in this office, and
which was duly adopted by the County Legislature of said County on
November 20, 2007 and that the same is a true and
correct transcript of said resolution and of the whole thereof.
In 'Witness 'Wfiereof, I have hereunto set my hand and the
official seal of the County Legislature of the County of Suffolk.
7~4
Clerk. of the County Legislalure
~
Intro. Res. No. 1994-2007 Laid on Table 10/16/2007
Introduced by the Presiding Officer
RESOLUTION NO.1 0 8.Q...2007, MAKING A SEQRA
DETERMINATION IN CONNECTION WITH THE PROPOSED
ACQUISITION OF LAND FOR OPEN SPACE PRESERVATION
PURPOSES KNOWN AS THE STERLING CREEK - POLLERT
PROPERTY, TOWN OF SOUTHOLD
WHEREAS, the Suffolk County Council on Environmental Quality (CEQ) has
reviewed a project designated as the "Proposed Acquisition of Land for Open Space
Preservation Purposes Known as the Sterling Creek - Pollert Property, Town of Southold",
pursuant to Section 6 of Local Law No. 22-1985 which project involves the acquisition of 17 .57
acres of land by Suffolk County for open space preservation purposes; and
WHEREAS, an Environmental Assessment Form (EAF) was prepared and
submitted to the CEQ office by the Suffolk County Department of Planning and subsequently
sent out to all concerned parties; and
WHEREAS, at its September 19, 2007 meeting, the CEQ reviewed the EAF and
information submitted by the Suffolk County Department of Planning; and
WHEREAS, the CEQ recommended that the above activity be considered an
unlisted action, pursuant to the provisions of Title 6 NYCRR, Part 617 and Chapter 279 of the
Suffolk County Code; and
WHEREAS, the CEQ has advised the County Legislature and the County
Executive by memo dated September 19, 2007 of said recommendations; and
WHEREAS, Section 279-5(H) of the SUFFOLK COUNTY CODE requires the
Presiding Officer to introduce legislation for an appropriate SEQRA determination; and
WHEREAS, the Suffolk County Legislature has reviewed the EAF and the CEQ
recommendations; now, therefore be it
1st RESOLVED, that this Legislature hereby determines that the proposed
Acquisition of Land for Open Space Preservation Purposes Known as the Sterling Creek -
Pollert Property, Town of Southold constitutes an unlisted action, pursuant to the provisions of
Title 6 NYCRR, Part 617 and Chapter 279 of the Suffolk County Code, which project will not
have significant adverse impacts on the environment for the following reasons:
1.) The proposed action will not exceed any of the criteria in Section 617.7 of
Title 6 NYCRR, which sets forth thresholds for determining significant
effect on the environment, as demonstrated in the Environmental
Assessment Form;
2.) The proposed use of the subject parcel(s) is passive recreation; and
3.) If not acquired, the property will most likely be developed for residential
purposes; incurring far greater environmental impact than the proposed
acquisition and preservation of the site would have;
.
and be it further
2nd RESOLVED, that a copy of this Resolution shall be filed with the Suffolk County
Clerk, the initiating unit of said project, and with the CEQ; and be it further
3rd RESOLVED, that in accordance with Section C1-4(1)(d) of the SUFFOLK
COUNTY CHARTER and Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the CEQ is
hereby directed to prepare and circulate a SEQRA notice of determination of non-significance in
accordance with this Resolution.
DATED; NOV 2 0 Z007
County
F DEPUTY COUNTY EXECUTIVE
'l1iis is to Certify '11iat I, TIM LAUBE, Clerk of the County
Legislature of the County of Suffolk, have compared the foregoing copy of
resolution with the original resolution now on file in this office, and
which was duly adopted by the County Legislature of said County on
November 20, 2007 and that the same is a true and
correct transcript of said resolution and of the whole thereof.
In 'Witness 'Wfiereof, I have hereunto set my hand and the
offidal seal of the County Legislature of the County of Suffolk.
7~A
Clerk of the County Legislature
Intro. Res. No. 2049-2007 Laid on Table 10/16/2007
Introduced by Presiding Officer, on request of the County Executive and Legislator Romaine
RESOLUTION NO. 1125 -2007, AUTHORIZING ACQUISITION
OF LAND UNDER THE SUFFOLK COUNTY ENVIRONMENTAL
LEGACY FUND FOR OPEN SPACE PRESERVATION FOR
THE MOELLER & TMJ REALTY, INC. PROPERTY - PECONIC
DUNES - BITTNER PRESERVE TOWN OF SOUTHOLD -
(SCTM NOS. 1000-058.00-01.00-001.000, 1000-068.00-01.00-
017.002 & 1000-068.00-01.00-017.003)
WHEREAS, the Suffolk County Environmental Legacy Fund was established by
Resolution No. 281-2007, allocating fifty million dollars for the acquisition of: environmentally
sensitive lands pursuant to the traditional Open Space Preservation Program, Resolution No.
762-1986 et seq.; farmland development rights pursuant to the Suffolk County Administrative
Local Law Chapter 8, Development Rights to Agricultural Lands; active parklands including
playgrounds, soccer fields, football fields, baseball fields, outdoor concerts, horseback riding or
equine endeavors and/or other community recreational needs; or historic properties that exhibit
historic and/or archeological significance, where there is a partner who will provide at least a
50% matching contribution to its acquisition; and
WHEREAS, Resolution No. 281-2007 appropriated $20,000,000.00 for
acquisitions under the Suffolk County Environmental Legacy Fund; and
WHEREAS, Resolution No. 621-2004 authorized planning steps for acquisition of
the subject property; and
WHEREAS, the Town of Southold ("Town") has approved Resolution No. 2007-
773 on September 25, 2007 authorizing the acquisition of the subject property in partnership
with the County of Suffolk; and
WHEREAS, the Town of Southold has agreed to recognize the Bittner Family in
the naming of the site once it is acquired for open space purposes and has requested that the
County consider naming the site in honor of the Bittner Family; and
WHEREAS, the Environmental Trust Review Board has reviewed the appraisals
and the report of the Internal Appraisal Review Board and has approved the purchase price and
authorized the Director of the Division of Real Property Acquisition and Management to
negotiate the acquisition; now, therefore be it
1st RESOLVED, that the County of Suffolk hereby approves the acquisition of the
subject property set forth below under the Suffolk County Environmental Legacy Fund pursuant
to the traditional Suffolk County Open Space Preservation Program (1986 et seq), for a total
purchase price of Thirteen Million Two Hundred Ninety Four Thousand Dollars
($13,294,000.00~, at Two Hundred Thirty Thousand Dollars ($230,000.00) per acre, for 57.8.:':
acres, which cost is to be shared by the County of Suffolk and the Town, with the County of
Suffolk's share, totaling Six Million Six Hundred Forty Seven Thousand Dollars
($6,647,000.00~, for a fifty percent (50%) undivided interest; and the Town's share, totaling Six
Million Six Hundred Forty Seven Thousand Dollars ($6,647,000.00~, for a fifty percent (50%)
undivided interest, as tenants-in-common, subject to a final survey; and hereby authorizes
additional expenses, which shall include but not be limited to the cost of surveys, appraisals,
environmental audits, title reports and insurance, and tax adjustments:
PARCEL:
NO.1
NO.2
NO.3
and be it further
SUFFOLK COUNTY
TAX MAP NUMBER:
District 1 000
Section 058.00
Block 01.00
Lot 001.000
REPUTED OWNER
AND ADDRESS:
Jacqueline Moeller
P.O. Box 269
Peconic, NY 11958
ACRES:
57.8:!:,
District 1000
Section 068.00
Block 01.00
Lot 017.002
District 1000
Section 068.00
Block 01.00
Lot 017.003
Same As Above
TMJ Realty, Inc.
P.O. Box 269
Peconic, NY 11958
2nd RESOLVED, that the Director of the Division of Real Property Acquisition and
Management and/or his designee, is hereby authorized, empowered, and directed, pursuant to
Section C42-2(C)(3)(d) of the SUFFOLK COUNTY CHARTER, to acquire the parcel(s) listed
herein above from the reputed owner, the funding for which shall be provided under the Suffolk
County Environmental Legacy Fund, for the County's portion of the purchase price of Six
Million Six Hundred Forty Seven Thousand Dollars ($6,647,OOO.00:!:,), subject to a final survey;
and be it further
3'd RESOLVED, that the County Comptroller and County Treasurer are hereby
authorized to reserve and to pay $6,647,000.00:!:" subject to a final survey, from previously
appropriated funds in Capital Project 525-CAP-8731.210, Suffolk County Environmental Legacy
Fund, for this acquisition; and be it further
4th RESOLVED, that the title to this acquisition shall be held by the County of
Suffolk and the Town, as tenants-in-common, with the County of Suffolk owning fifty percent
(50%) undivided interest and the Town owning fifty percent (50%) undivided interest; and be it
further
5th RESOLVED, that the Director of the Division of Real Property Acquisition and
Management and/or his designee; the County Planning Department; and the County
Department of Public Works are hereby authorized, empowered, and directed to take such other
actions and to pay such additional expenses as may be necessary and appropriate to
consummate such acquisition, including, but not limited to, securing appraisals, title insurance
and title reports, obtaining surveys, engineering reports, and environmental audits, making tax
adjustments, and executing such other documents as are required to acquire such County
interest in said lands; and be it further
6th RESOLVED, that the subject parcel(s) shall be transferred to the Department
of Parks, Recreation and Conservation for passive recreational use; and be it further
2
..;.~*,"... .
7th RESOLVED, that the Director of the Division of Real Property Acquisition
and Management is hereby authorized to negotiate and enter into any necessary collateral
agreements with the Town to effectuate the terms of the resolution; and be it further
8th RESOLVED, if desired, the County of Suffolk, through its Department of
Parks, Recreation and Conservation, is hereby authorized to negotiate and enter into a
municipal cooperative agreement with the Town for the management of this acquisition,
consistent with this program, and the terms and conditions thereof shall be approved by the
Suffolk County Attorney in consultation with the respective Commissioner of the County
Department of Parks, Recreation and Conservation, who is charged with the management and
operation of said property; and be it further
9th RESOLVED, that the official naming of the property to honor the Bittner
Family once said property has become part of the County Park system, shall be referred to the
Review Committee for the Siting of Memorials and Symbols and Naming of County Facilities,
Parks, and Roads for its review, consideration, and recommendation; and be it further
10th RESOLVED, that the above activity is an unlisted action pursuant to the
provisions of Title 6 NYCRR, Part 617; and be it further
11th RESOLVED, that the project will not have a significant effect on the
environment for the following reasons:
1.) the proposed action will not exceed any of the criteria in 6 NYCRR,
Section 617.7, which sets forth thresholds for determining significant
effect on the environment, as demonstrated in the Environmental
Assessment Form; and
2.) the proposed use of the subject parcel(s) will be passive recreation.
3.) if not acquired, the property will most likely be developed for residential
purposes, incurring far greater environmental impact than the proposed
acquisition and preservation of the site would have; and be it further
12th RESOLVED, that in accordance with Section 279-5(C)(4) of the SUFFOLK
COUNTY CODE, the Suffolk County Council on Environmental Quality is hereby directed to
prepare and circulate any appropriate notices or determinations in accordance with this
resolution.
DATED: November 20,2007
County
F DEPUTY COUNTY EXECUTIVE
3
'Tliis is to Certify 'I1iat I. TIM LAUBE, Clerk of the County
Legislature of the County of Suffolk, have compared the foregoing copy of
resolution with the original resolution now on file in this office, and
which was duly adopted by the County Legislature of said County on
November 20, 2007 and that the same is a true and
correct transcript of said resolution and of the whole thereof.
In 'Witness 'Wliereof, I have hereunto set my hand and the
offidal seal of the County Legislature of the County of Suffolk.
7~A
Clerk of the County Legislature
Intro. Res. No. 2052-2007 Laid on Table 10/16/2007
Introduced by Presiding Officer, on request of the County Executive and Legislator Romaine
RESOLUTION NO. / /.3/ -2007, APPROPRIATING FUNDS
IN CONNECTION WITH THE SUFFOLK COUNTY
MULTIFACETED LAND PRESERVATION PROGRAM AND
AUTHORIZING ACQUISITON OF LAND UNDER THE SUFFOLK
COUNTY MULTIFACETED LAND PRESERVATION
PROGRAM - OPEN SPACE PRESERVATION PROGRAM -
FOR THE MILAZZO FAMILY LLC PROPERTY (TOWN OF
SOUTHOLD - SCTM NO. 1000-053.00-01.00-009.000)
WHEREAS, the 5th RESOLVED clause of Resolution No. 459-2001 established
the Suffolk County Multifaceted Land Preservation Program for acquisitions to be consummated
pursuant to Resolution No. 751-1997; pursuant to the traditional Suffolk County Open Space
Program; pursuant to Chapter 8 of the SUFFOLK COUNTY CODE; for parkland purposes; for
environmentally sensitive land acquisition; for watershed and/or estuary protection; for drinking
water protection purposes; or in accordance with the programmatic criteria set forth in
Resolution No. 602-2001 designated as the Suffolk County Active Parklands Stage II
Acquisition Program; and
WHEREAS, Resolution No. 277-2007 appropriated $11,833,000.00 for
acquisitions under the Suffolk County Multifaceted Land Preservation Program; and
WHEREAS, Resolution No. 541-2007 amended the 2007 Capital Budget and
Program by allocating an additional authorization in the amount of $17,000,000.00 in the Suffolk
County Multifaceted Land Preservation Program for the acquisition of environmentally sensitive
land; and
WHEREAS, Resolution No. 621-2004 authorized planning steps for acquisition of
the subject property; and
WHEREAS, the Environmental Trust Review Board has reviewed the appraisals
and the report of the Internal Appraisal Review Board and has approved the purchase price and
authorized the Director of the Division of Real Property Acquisition and Management to
negotiate the acquisition; and
WHEREAS, Resolution No. 471-1994 as revised by Resolution No. 461-2006
established the use of a priority ranking system, implemented in the Adopted 2007 Capital
Budget, as the basis for funding capital projects such as this project; and
WHEREAS, the County Legislature by even date herewith has authorized the
issuance of $1,200,000.00 in Suffolk County Serial Bonds to cover the cost of said acquisition
under Suffolk County Multifaceted Land Preservation Program; now, therefore be it
1st RESOLVED, that the County of Suffolk hereby approves the acquisition of the
subject property set forth below under the Suffolk County Multifaceted Land Preservation
Program pursuant to the traditional Suffolk County Open Space Preservation Program (1986 et
seq), for a total purchase price of One Million Two Hundred Thousand Dollars ($1,200,000.00),
subject to a final survey, and hereby authorizes additional expenses, which shall include, but not
be limited to, the cost of surveys, appraisals, environmental audits, title reports and insurance,
and tax adjustments:
PARCEL:
No.1
SUFFOLK COUNTY
TAX MAP NUMBER:
District 1000
Section 053.00
Block 01.00
Lot 009.000
ACRES:
13.0,:!:
REPUTED OWNER
AND ADDRESS:
Milazzo Family LLC
c/o John Milazzo
137 Kings Road
Hauppauge, NY 11788
and be it further
2nd RESOLVED, that the Director of the Division of Real Property Acquisition and
Management and/or his designee, is hereby authorized, empowered, and directed, pursuant to
Section C42-2(C)(3)(d) of the SUFFOLK COUNTY CHARTER, to acquire the parcel(s) listed
herein above from the reputed owner, the funding for which shall be provided under the Suffolk
County Multifaceted Land Preservation Program, for a purchase price of One Million Two
Hundred Thousand Dollars ($1,200,000.00), subject to a final survey; and be it further
3rd RESOLVED, that it is hereby determined that this project, with a priority
ranking of fifty-four (54) is eligible for approval in accordance with the provisions of Resolution
No. 471-1994 as revised by Resolution No. 461-2006; and be it further
4th RESOLVED, that the proceeds of $1,200,000.00 in Suffolk County Serial
Bonds be and are hereby appropriated as follows:
Proiect No.
525-CAP-7177.230
(Fund 001-Debt Service)
Proiect Title
Suffolk County Multifaceted
Land Preservation Program
Amount
$1,200,000.00
and be it further
5th RESOLVED, that the County Comptroller and County Treasurer are hereby
authorized to reserve and to pay $1,200,000.00, subject to a final survey, from the Suffolk
County Multifaceted Land Preservation Program, for this acquisition; and be it further
6th RESOLVED, that the Director of the Division of Real Property Acquisition and
Management and/or his designee; the County Planning Department; and the County
Department of Public Works are hereby authorized, empowered, and directed to take such other
actions and to pay such additional expenses as may be necessary and appropriate to
consummate such acquisition, including, but not limited to, securing appraisals, title insurance
and title reports, obtaining surveys, engineering reports, and environmental audits, making tax
adjustments, and executing such other documents as are required to acquire such County
interest in said lands; and be it further
7th RESOLVED, that the subject parcel(s) shall 'be transferred to the Department
of Parks, Recreation and Conservation for passive recreational use; and be it further
8th RESOLVED, that the above activity is an unlisted action pursuant to the
provisions of Title 6 NYCRR, Part 617; and be it further
2
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9th RESOLVED, that the project will not have a significant effect on the
environment for the following reasons:
1.) the proposed action will not exceed any of the criteria in 6 NYCRR,
Section 617.7, which sets forth thresholds for determining significant
effect on the environment, as demonstrated in the Environmental
Assessment Form; and
2.) the proposed use of the subject parcel(s) will be passive recreation; and
3.) if not acquired, the property will most likely be developed for residential
purposes, incurring far greater environmental impact than the proposed
acquisition and preservation of the site would have; and be it further
10th RESOLVED, the in accordance with Section 279-5(C)(4) of the SUFFOLK
COUNTY CODE, the Suffolk County Council of Environmental Quality is hereby directed to
prepare and circulate any appropriate notices or determinations in accordance with this
resolution.
DATED: NOY 20 2007
SUFFOLK COUNTY
County Legislature
RlVERHEAD, NY
COUNTY EXEClITlvE
'l1iis is to Certify '11iat I, TIM LAUBE, Clerk of the County
Legislature of the County of Suffolk, have compared the foregoing copy of
resolution with the original resolution now on file in this office, and
which was duly adopted by the County Legislature of said County on
November 20, 2007 and that the same is a true and
correct transcript of said resolution and of the whole thereof.
In rvitness rvli.ereof, I have hereunto set my hand and the
official seal of the County Legislature of the County of Suffolk.
7~~
Clerk of the County Legislature