MINUTES OF THE REGULAR MEETING OF THE
The Town Board of the Town of Ramapo convened a Regular Meeting of the Ramapo Town Board on Wednesday, May 14, 2008 in the Edwin Wallace Auditorium of Ramapo Town Hall at 237 Route 59, Suffern, New York 10901.
Supervisor
Christopher P. St. Lawrence called the meeting to order and
Present:
Councilwoman Frances
M. Hunter
Councilman Edward Friedman
Councilman David J. Stein
Councilman Itamar Yeger
Deputy Town
Attorney Alan Berman
Councilman Stein led the assembled group in the Pledge of Allegiance.
ACCEPTANCE OF
MINUTES
The following resolution was moved by Councilwoman Hunter, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 – 322
RESOLVED by the Town Board of the Town
of
APPROVAL OF
AGREEMENT: CREDIT CARD USE AT PARKS & RECREATION DEPARTMENT FACILITIES: AMERICAN
EXPRESS
The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by all board members:
Resolution No. 2008 –323
WHEREAS, the Parks & Recreation Department is in receipt of a proposal from American Express to permit the use of the American Express Card for use at the Spook Rock Golf Course and all Parks & Recreation Department facilities, subject to the following terms:
a) Town will pay 2.15% for every American Express transaction
b) Town can cancel at any time, and
WHEREAS, the Parks & Recreation Department has reviewed the proposal and recommends its acceptance,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby accepts the proposal of American Express authorizing use of the American Express Card at all Town Parks & Recreation Department facilities subject to the terms set forth above, and
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement with American Express in a form approved by the Town Attorney’s office.
APPROVAL OF
AGREEMENT: LEASE OF
The resolution captioned above was moved by Councilman Friedman to be “tabled” for a future meeting,
and seconded by
Resolution No. 2008 –324
Tabled to the Town Board Meeting
scheduled for
SETTLEMENT OF CERTIORARI MATTER: PACESETTER/RAMAPO ASSOCIATES LLP
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 – 325
WHEREAS, the Town Attorney’s Office and the Office of the Assessor have recommended that the following certiorari matter be settled:
PACESETTER/RAMAPO ASSOCIATES, LLP
Original Corrected
Tax Year Section/Lot Assessment Assessment
2004/05 33.5-2-8 $2,000,000 $2,000,000
2005/06 33.5-2-8 $2,000,000 $1,930,000
2006/07 33.5-2-8 $1,725,000 $1,673,250
2007/08 33.5-2-8 $1,725,000 $1,604,250
WHEREAS, Scott Shedler, the Town Assessor, concurs with the above recommendation,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that the Town Attorney be hereby authorized to settle the above matter, and
BE
IT FURTHER RESOLVED that settlement
is subject to approval by the
BE IT FURTHER RESOLVED that refunds can only be made when the Petitioner is current on all tax liability.
ACCEPTANCE OF BID: PURCHASE OF BUILDING MATERIALS & SUPPLIES The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by all board members:
Resolution
No. 2008-326
WHEREAS, the Town Attorney’s Office of the Town of
WHEREAS, bids were received by the Town Clerk of the Town of Ramapo and opened on April 30, 2008, in accordance with the provisions of the law, and
WHEREAS, the Town Attorney’s Office recommends the acceptance of the bid submitted by Beckerle Lumber Supply Co., Inc.,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
ITEM DISCOUNT
OFF LIST PRICE
Lumber 5%
Hardware 10%
Paint, Stain and Wall Covering 10%
Mason Supplies 5%
Plumbing Supplies 10%
Electrical Supplies 10%
Small Tools 10%
Floor Covering Supplies 10%
and Supplies
be hereby approved and accepted, and
BE IT FURTHER RESOLVED by the Town
Board of the Town of
SOURCE OF FUNDS: VARIOUS OPERATING
APPOINT GROUNDS
WORKER – PARKS & RECREATION
The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by all board members:
Resolution No. 2008-327
WHEREAS, there is a vacancy in the position of Grounds worker at the Town of Ramapo Parks & Recreation Department, and
WHEREAS, the Director of Parks and Recreation has made the following recommendation,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
SOURCE OF FUNDS: OPERATING BUDGET 7250.3100
ESTABLISH
RECREATION FACILITY ATTENDANT POSITION – PARKS & RECREATION
The following resolution was moved by Councilman Stein, seconded by
Resolution No. 2008-328
WHEREAS, the Director of Parks &
Recreation has recommended the classification of a Recreation Facility Attendant at the Town of Ramapo Parks &
Recreation Department, and
WHEREAS, the Rockland County Personnel Office has classified the position of
Recreation Facility Attendant,
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
NOMINATION
OF ONE POLICE OFFICER
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman
and unanimously adopted by all board members:
Resolution No. 2008-329
WHEREAS, there is a vacancy in the position of Police Officer at the Town of
Ramapo Police Department, and
WHEREAS, the Chief of Police has made the following recommendation,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of
AUTHORIZATION
FOR REIMBURSEMENT OF TUITION FOR POLICE OFFICER
The following resolution was moved by Councilman Friedman, seconded by Councilwoman Hunter
and unanimously adopted by all board members:
Resolution
No. 2008-330
WHEREAS, Sergeant Dean W. Markowitz is requesting reimbursement for one course he successfully completed at Rockland Community College in the Fall, 2007 semester, and
WHEREAS, Police Chief Peter Brower has requested authorization from the Town Board for Sgt. Markowitz to be reimbursed for PSY 103 H75, General Psychology, (which is mandatory for a degree in Criminal Justice), with tuition in the amount of $425.40, such tuition to be reimbursed to Sgt. Markowitz as per PBA Contract, Article 18 with reference to “tuition for job-related schooling”,
NOW, THEREFORE, BE IT RESOLVED by the
Town Board of the Town of
AMENDMENT OF 2008
TOWN BUDGET: TRANSFER OF FUNDS FOR POLICE DEPARTMENT COMPUTER CONSULTANT
The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by all board members:
Resolution No. 2008 –331
WHEREAS, the Town Board, by Resolution No. 2008-92, retained Brian Gorsky as a computer consultant for the Police Department, and
WHEREAS, the Police Department Budget’s consultant line does not contain sufficient funds to fund the above consultant agreement,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
Transfer $30,100 from Account 3125AB.3100 (Regular Salaries) to
Account 3125AB.3452 (Consultant)
to fund the above agreement.
AMENDMENT OF 2008 TOWN BUDGET: FUNDS FROM JOINT TERRORISM TASK FORCE
The following resolution was moved by Councilman Stein, seconded by Councilwoman Hunter and unanimously adopted by all board members:
Resolution No. 2008 –332
WHEREAS, the Town of
WHEREAS, receipt of said funds is not reflected in the 2008 Town Budget,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
Increase Revenues: AB.24390 (Cops Federal Grants) by $1,134.13 and
Increase Appropriations 3120AB.3101 (Police Overtime DWI) by $1,134.13
to reflect receipt of the above funds for February 2008.
AMENDMENT OF 2008 TOWN BUDGET: DWI OVERTIME PATROLS
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008 –333
WHEREAS, the Town is in
receipt of $1,348.38 from the
WHEREAS, receipt of said funds is not reflected in the 2008 Town Budget,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
Increase Revenue Acct. AB.222601 (DWI) by $1,348.38 and
Increase Appropriations 3120AB.3122 (Police Overtime DWI) by $1,348.38
to reflect receipt of the above funds for the first quarter of 2008.
AMENDMENT OF 2008
TOWN BUDGET: TRANSFER OF FUNDS FOR CONSULTANTS: INFORMATION TECHNOLOGY
DEPARTMENT
The following resolution was moved by Councilman Friedman, seconded by Councilman Stein and unanimously adopted by all board members:
Resolution No. 2008 –334
WHEREAS, Teresa Reeck, Director of Automated Services, has advised the Town Board that she will require the services of consultants to assist her department with various information technology projects for various departments, and
WHEREAS, the Department of Budget and Finance does not contain sufficient funds for the retaining of additional consultants,
NOW,
THEREFORE, BE IT RESOLVED by the Town Board of the Town of
Transfer $50,000 from Account 1990A.3400 (Contingency) to
Account 1670A.3452 (Consultant)
to provide additional funding for consultants.
TEMPORARY LEAVE
REPLACEMENT – FINANCE
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman and unanimously adopted by all board members:
Resolution No. 2008- 335
WHEREAS,
WHEREAS, Nathan Oberman, the Acting Director of Finance, has recommended that Erin Connolly Frontino of Stony Point, New York, be hired as a temporary leave replacement in the Finance Department to assist the Finance Department for thirty-five (35) hours per week at $20.21 per hour commencing May 15, 2008 through September 20, 2008, total compensation not to exceed $12,732.00,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ramapo that it hereby retains Erin Connolly Frontino of 11 Washburn Lane, Stony Point, New York, as a temporary leave replacement in the Finance Department, commencing May 15, 2008 and terminating September 20, 2008 at $20.21 per hour for 35 hours per week, and
BE IT FURTHER RESOLVED that said
agreement shall terminate earlier than
BE IT FURTHER RESOLVED that the Supervisor is hereby authorized to execute an agreement with Erin Connolly Frontino in a form approved by the Town Attorney’s office.
Source of Funds : 1310A.3452 (Consultant)
ADOPTION OF BOND RESOLUTION:
IMPROVEMENTS TO
The following resolution was moved by Councilman Stein, seconded by Councilman Friedman
and unanimously adopted on a roll-call
vote of 5-0:
Resolution
No. 2008 -336
RESOLVED by the Town Board of the
Town of Ramapo that the bond resolution dated May 14, 2008 (Schedule “A”)
entitled “A RESOLUTION AUTHORIZING THE ISSUANCE OF $65,000 SERIAL BONDS OF THE
TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK, TO PAY A PORTION OF THE COSTS OF THE
DESIGN AND CONSTRUCTION OF A PARKING AREA AND IMPROVEMENTS IN CONNECTION
THEREWITH, IN AND FOR SAID TOWN”
be hereby approved and adopted.
Schedule “A”
A RESOLUTION AUTHORIZING THE ISSUANCE OF $65,000
SERIAL BONDS OF THE TOWN OF
WHEREAS, the capital projects
described herein have been determined to be an Unlisted Action pursuant to the
regulations of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review Act, the
implementation of which, as proposed, the Town Board has determined will not
result in any significant environmental effects; and
WHEREAS, all conditions precedent to
the financing of the capital project hereinafter described, including
compliance with the provisions of the State Environmental Quality Review Act,
have been performed; and
WHEREAS, it is now desired to
authorize the financing of such capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Ramapo, Rockland County, New York
(the "Town") , as follows:
Section 1. For
the specific object or purpose of paying a portion of the costs of the
design and construction of a parking area at the Ramapo Senior Citizen Center
and related improvements in connection therewith, in and for the Town of Ramapo, Rockland County, New York, including
incidental expenses in connection therewith, there are hereby authorized to be
issued $80,000 serial bonds of said Town pursuant to the provisions of the
Local Finance Law.
Section 2. It
is hereby determined that the maximum estimated cost of the aforesaid specific
object or purpose is $80,000, and that the plan for the financing thereof shall
be by the issuance of the $80,000 serial bonds of said Town authorized to be
issued pursuant to this bond resolution and from other legally available funds
of the Town.
Section 3. It
is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is ten (10) years, pursuant to subdivision 20(f) of
paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the
maximum maturity of the serial bonds herein authorized will exceed five years.
Section 4. Subject
to the provisions of the Local Finance Law, the power to authorize the issuance
of and to sell bond anticipation notes in anticipation of the issuance and sale
of the serial bonds herein authorized, including renewals of such notes, is hereby
delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance Law.
Section 5. The
faith and credit of said Town of
Section 6. Such
bonds shall be in fully registered form and shall be signed in the name of the
Town of Ramapo, Rockland County, New York, by the manual or facsimile signature
of the Supervisor and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of
the Town Clerk.
Section 7. The
powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of said Town; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions
of the Local Finance Law and any order or rule of the State Comptroller
applicable to the sale of municipal bonds.
The receipt of the Supervisor shall be a full acquittance to the purchaser
of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 8. All
other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining
annual debt service and all matters related thereto, prescribing whether manual
or facsimile signatures shall appear on said bonds, prescribing the method for
the recording of ownership of said bonds, appointing the fiscal agent or agents
for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of the Supervisor, providing
for the manual countersignature of a fiscal agent or of a designated official
of the Town), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other
issues, shall be determined by the Supervisor.
It is hereby determined that it is to the financial advantage of the
Town not to impose and collect from registered owners of such serial bonds any
charges for mailing, shipping and insuring bonds transferred or exchanged by
the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of
the Local Finance Law, no such charges shall be so collected by the fiscal
agent. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of
the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance
Law, as the Supervisor shall determine.
Section 9. The Town has previously paid, and expects to pay on or after the date of this Resolution and before the issuance of the Bonds, certain costs of the projects described in Section 1 (collectively, the "Projects") with funds other than proceeds of the Bonds (the "Advanced Funds"). The Town reasonably expects to use proceeds of the Bonds to reimburse itself for all expenditures made with the Advanced Funds. This Resolution is a declaration of the official intent of the Town in that regard, within the contemplation of Section 1.150-2 of the Income Tax Regulations promulgated by the United States Department of the Treasury. All of the expenditures initially to be paid with the Advanced Funds that will be reimbursed from proceeds of the Bonds have been or will be for costs that (i) are properly chargeable to the capital account of one of the Projects under general income tax principles, (ii) constitute non-recurring working capital expenditures (of a type not customarily payable from current revenues), or (iii) are costs of issuing the Bonds. No proceeds of the Bonds will be used to reimburse any expenditures originally paid more than sixty days prior to the date of this Resolution except those expenditures constituting "preliminary expenditures." For purposes of this Resolution, "preliminary expenditures" means expenditures for architectural, engineering, surveying, soil testing, costs of issuing the Bonds, or similar purposes.
Section 10. It is the intention of said Town and all parties under its control that the interest on the Bonds issued hereunder be and remain excluded from gross income for federal income tax purposes and to this end, the Town hereby represents to and covenants with each of the Holders of the Bonds issued hereunder that it will comply with the requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, as amended (the "Code"), and temporary or permanent regulations promulgated or applicable thereunder, to the extent necessary to preserve the exclusion from gross income for federal income tax purposes of interest on the Bonds issued hereunder. Specifically, without intending to limit in any way the generality of the foregoing, the Town covenants and agrees:
(A) to the extent required by the Code, to make or cause to be made all necessary determinations and calculations of the Rebate Amount and required payments of the Rebate Amount;
(B) to
set aside sufficient moneys to timely pay the Rebate Amount to the
(C) to pay, at the times and to the extent required under Section 148(f) of the Code, the Rebate Amount to the United States of America;
(D) to maintain and retain all records pertaining to the Rebate Amount with respect to the Bonds issued hereunder and required payments of the Rebate Amount with respect to the Bonds for at least six years after the final maturity of the Bonds or such other period as shall be necessary to comply with the Code;
(E) to refrain from taking any action that would cause the Bonds issued hereunder to become arbitrage bonds under Section 148 of the Code; and
(F) to refrain from taking any action that would cause the Bonds issued hereunder or any of them to be classified as private activity bonds under Section 141(a) of the Code.
The
Town understands that the foregoing covenants impose continuing obligations of
the Town that will exist as long as the requirements of Section 103 and Part IV
of Subchapter B of Chapter 1 of Subtitle A of the Code are applicable to
the Bonds.
Notwithstanding
any other provision of this Resolution, the obligation of the Town to pay the
Rebate Amount to the
As used herein, the term "Rebate
Amount" means with respect to the Bonds, the excess of the future value,
as of a computation date, of all receipts on all nonpurpose investments (as
defined in Section 1.148-1(b) of the Income Tax Regulations) over the future
value, as of that date, of all payments on nonpurpose investments all as
provided in the Income Tax Regulations implementing Section 148 of the Code.
Section 11. The
validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an
object or purpose for which said Town is not authorized to expend money, or
2) The provisions of law which should be
complied with at the date of publication of this 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
3) Such obligations are authorized in
violation of the provisions of the Constitution.
Section 12. The
Town has provided or will provide prior to the issuance of the Bonds the
appropriate amount of "current funds" required under Section 107 of
the Local Finance Law.
Section 13. Upon
this resolution taking effect, the same shall be published in full in The Rockland County Times, the official
newspaper, or such other designated newspaper permitted under the provisions of
the Local Finance Law, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
Section 14. This
resolution is adopted subject to permissive referendum in accordance with
Section 35.00 of the Local Finance Law.
ADOPTION OF
BOND RESOLUTION: CONSTRUCTION OF CURBS, SIDEWALKS & GUTTERS
The following
resolution was moved by Councilman
Friedman, seconded by Councilman Stein and unanimously adopted on a roll-call vote of 5-0:
Resolution No. 2008 - 337
RESOLVED by the Town Board of the
Town of Ramapo that the bond resolution (Schedule “A”) dated May 14, 2008
entitled “A RESOLUTION AUTHORIZING THE ISSUANCE OF $10,000 SERIAL BONDS OF THE
TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK, TO PAY A PORTION OF THE COSTS OF THE
CONSTRUCTION OF SIDEWALKS OR GUTTERS, IN AND FOR SAID TOWN”, be hereby approved and adopted.
Schedule “A”
A RESOLUTION AUTHORIZING THE ISSUANCE OF $10,000
SERIAL BONDS OF THE TOWN OF
WHEREAS, all conditions precedent to
the financing of the capital project hereinafter described, including
compliance with the provisions of the State Environmental Quality Review Act,
have been performed; and
WHEREAS, it is now desired to
authorize the financing of such capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of
Section 1. For
the specific object or purpose of paying a portion of the costs of the
construction or reconstruction of curbs, sidewalks or gutters of brick, stone
or concrete, in and for the Town of Ramapo,
Rockland County, New York, including incidental expenses in connection
therewith, there are hereby authorized to be issued $10,000 serial bonds of
said Town pursuant to the provisions of the Local Finance Law.
Section 2. It
is hereby determined that the maximum estimated cost of the aforesaid specific
object or purpose is $10,000, and that the plan for the financing thereof shall
be by the issuance of the $10,000 serial bonds of said Town authorized to be
issued pursuant to this bond resolution and from other legally available funds
of the Town.
Section 3. It
is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is ten (10) years, pursuant to subdivision 24 of
paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the
maximum maturity of the serial bonds herein authorized will exceed five years.
Section 4. Subject
to the provisions of the Local Finance Law, the power to authorize the issuance
of and to sell bond anticipation notes in anticipation of the issuance and sale
of the serial bonds herein authorized, including renewals of such notes, is
hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance Law.
Section 5. The
faith and credit of said Town of
Section 6. Such
bonds shall be in fully registered form and shall be signed in the name of the
Town of Ramapo, Rockland County, New York, by the manual or facsimile signature
of the Supervisor and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of
the Town Clerk.
Section 7. The
powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of said Town; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions
of the Local Finance Law and any order or rule of the State Comptroller
applicable to the sale of municipal bonds.
The receipt of the Supervisor shall be a full acquittance to the purchaser
of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 8. All
other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining
annual debt service and all matters related thereto, prescribing whether manual
or facsimile signatures shall appear on said bonds, prescribing the method for
the recording of ownership of said bonds, appointing the fiscal agent or agents
for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of the Supervisor, providing
for the manual countersignature of a fiscal agent or of a designated official
of the Town), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other
issues, shall be determined by the Supervisor.
It is hereby determined that it is to the financial advantage of the
Town not to impose and collect from registered owners of such serial bonds any
charges for mailing, shipping and insuring bonds transferred or exchanged by
the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of
the Local Finance Law, no such charges shall be so collected by the fiscal
agent. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of
the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance
Law, as the Supervisor shall determine.
Section 9. The Town has previously paid, and expects to pay on or after the date of this Resolution and before the issuance of the Bonds, certain costs of the projects described in Section 1 (collectively, the "Projects") with funds other than proceeds of the Bonds (the "Advanced Funds"). The Town reasonably expects to use proceeds of the Bonds to reimburse itself for all expenditures made with the Advanced Funds. This Resolution is a declaration of the official intent of the Town in that regard, within the contemplation of Section 1.150-2 of the Income Tax Regulations promulgated by the United States Department of the Treasury. All of the expenditures initially to be paid with the Advanced Funds that will be reimbursed from proceeds of the Bonds have been or will be for costs that (i) are properly chargeable to the capital account of one of the Projects under general income tax principles, (ii) constitute non-recurring working capital expenditures (of a type not customarily payable from current revenues), or (iii) are costs of issuing the Bonds. No proceeds of the Bonds will be used to reimburse any expenditures originally paid more than sixty days prior to the date of this Resolution except those expenditures constituting "preliminary expenditures." For purposes of this Resolution, "preliminary expenditures" means expenditures for architectural, engineering, surveying, soil testing, costs of issuing the Bonds, or similar purposes.
Section 10. It is the intention of said Town and all parties under its control that the interest on the Bonds issued hereunder be and remain excluded from gross income for federal income tax purposes and to this end, the Town hereby represents to and covenants with each of the Holders of the Bonds issued hereunder that it will comply with the requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, as amended (the "Code"), and temporary or permanent regulations promulgated or applicable thereunder, to the extent necessary to preserve the exclusion from gross income for federal income tax purposes of interest on the Bonds issued hereunder. Specifically, without intending to limit in any way the generality of the foregoing, the Town covenants and agrees:
(A) to the extent required by the Code, to make or cause to be made all necessary determinations and calculations of the Rebate Amount and required payments of the Rebate Amount;
(B) to
set aside sufficient moneys to timely pay the Rebate Amount to the
(C) to pay, at the times and to the extent required under Section 148(f) of the Code, the Rebate Amount to the United States of America;
(D) to maintain and retain all records pertaining to the Rebate Amount with respect to the Bonds issued hereunder and required payments of the Rebate Amount with respect to the Bonds for at least six years after the final maturity of the Bonds or such other period as shall be necessary to comply with the Code;
(E) to refrain from taking any action that would cause the Bonds issued hereunder to become arbitrage bonds under Section 148 of the Code; and
(F) to refrain from taking any action that would cause the Bonds issued hereunder or any of them to be classified as private activity bonds under Section 141(a) of the Code.
The
Town understands that the foregoing covenants impose continuing obligations of
the Town that will exist as long as the requirements of Section 103 and Part IV
of Subchapter B of Chapter 1 of Subtitle A of the Code are applicable to
the Bonds.
Notwithstanding
any other provision of this Resolution, the obligation of the Town to pay the
Rebate Amount to the
As used herein, the term "Rebate
Amount" means with respect to the Bonds, the excess of the future value,
as of a computation date, of all receipts on all nonpurpose investments (as
defined in Section 1.148-1(b) of the Income Tax Regulations) over the future
value, as of that date, of all payments on nonpurpose investments all as
provided in the Income Tax Regulations implementing Section 148 of the Code.
Section 11. The
validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an
object or purpose for which said Town is not authorized to expend money, or
2) The provisions of law which should be
complied with at the date of publication of this 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
3) Such obligations are authorized in
violation of the provisions of the Constitution.
Section 12. The
Town has provided or will provide prior to the issuance of the Bonds the
appropriate amount of "current funds" required under Section 107 of
the Local Finance Law.
Section 13. Upon
this resolution taking effect, the same shall be published in full in The Rockland County Times, the official
newspaper, or such other designated newspaper permitted under the provisions of
the Local Finance Law, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
Section 14. This
resolution is adopted subject to permissive referendum in accordance with
Section 35.00 of the Local Finance Law.
ADOPTION
OF BOND RESOLUTION: PURCHASE OF MACHINERY & APPARATUS FOR VARIOUS TOWN
DEPARTMENTS
The following resolution was moved by Councilwoman Hunter, seconded
by Councilman Friedman and unanimously adopted pm a roll-call vote of 5-0::
Resolution No. 2008 - 338
RESOLVED by the Town Board of the
Town of Ramapo that the bond resolution dated May 14, 2008 (Schedule “A”) entitled
“A
RESOLUTION AUTHORIZING THE ISSUANCE OF $1,445,000 SERIAL BONDS OF THE TOWN OF
RAMAPO, ROCKLAND COUNTY, NEW YORK, TO PAY A PORTION OF THE COSTS OF THE PURCHASE
OF MACHINERY AND APPARATUS FOR VARIOUS DEPARTMENTS FOR CONSTRUCTION AND
MAINTENANCE, IN AND FOR SAID TOWN”,
be hereby approved and adopted.
Schedule “A”
A RESOLUTION AUTHORIZING THE ISSUANCE OF
$1,445,000 SERIAL BONDS OF THE TOWN OF
WHEREAS, all conditions precedent to
the financing of the capital project hereinafter described have been performed;
and
WHEREAS, it is now desired to
authorize the financing of such capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of
Section 1. For
the class of objects or purposes of paying a portion of the cost of the
purchase of machinery and apparatus for various Departments for construction
and maintenance in and for the Town of Ramapo, Rockland County, New York,
including incidental expenses in connection therewith, several machines which
cost at least $30,000 and several other machines which costs less than $30,000
but more than $15,000 for an aggregate cost of such items of $1,445,000, there
are hereby authorized to be issued $1,445,000 serial bonds of said Town
pursuant to the provisions of the Local Finance Law.
Section 2. It
is hereby determined that the maximum estimated cost of the aforesaid class of
objects or purposes is $1,445,000, and that the plan for the financing thereof
shall be by the issuance of the $1,445,000 serial bonds of said Town authorized
to be issued pursuant to this bond resolution and from other legally available
funds of the Town.
Section 3. It
is hereby determined that the period of probable usefulness of the items
described in Section 1 that cost at least $30,000 is fifteen (15) years, and
for several other items which costs less than $30,000, but more than $15,000,
is ten (10) years, all pursuant to subdivision 28 of paragraph a of Section
11.00 of the Local Finance Law. It is
hereby further determined that the maximum maturity of the serial bonds herein
authorized will exceed five years.
Section 4. Subject
to the provisions of the Local Finance Law, the power to authorize the issuance
of and to sell bond anticipation notes in anticipation of the issuance and sale
of the serial bonds herein authorized, including renewals of such notes, is
hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance Law.
Section 5. The
faith and credit of said Town of
Section 6. Such
bonds shall be in fully registered form and shall be signed in the name of the
Town of Ramapo, Rockland County, New York, by the manual or facsimile signature
of the Supervisor and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of
the Town Clerk.
Section 7. The
powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of said Town; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions
of the Local Finance Law and any order or rule of the State Comptroller
applicable to the sale of municipal bonds.
The receipt of the Supervisor shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of
the purchase money.
Section 8. All
other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining
annual debt service and all matters related thereto, prescribing whether manual
or facsimile signatures shall appear on said bonds, prescribing the method for
the recording of ownership of said bonds, appointing the fiscal agent or agents
for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of the Supervisor, providing
for the manual countersignature of a fiscal agent or of a designated official
of the Town), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other
issues, shall be determined by the Supervisor.
It is hereby determined that it is to the financial advantage of the
Town not to impose and collect from registered owners of such serial bonds any
charges for mailing, shipping and insuring bonds transferred or exchanged by the
fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal
agent. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of
the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance
Law, as the Supervisor shall determine.
Section 9. The
Town has previously paid, and expects to pay on or after the date of this
Resolution and before the issuance of the Bonds, certain costs of the projects
described in Section 1 (collectively, the "Projects") with funds
other than proceeds of the Bonds (the "Advanced Funds"). The Town reasonably expects to use proceeds
of the Bonds to reimburse itself for all expenditures made with the Advanced
Funds. This Resolution is a declaration
of the official intent of the Town in that regard, within the contemplation of
Section 1.150-2 of the Income Tax Regulations promulgated by the United States
Department of the Treasury. All of the
expenditures initially to be paid with the Advanced Funds that will be
reimbursed from proceeds of the Bonds have been or will be for costs that (i)
are properly chargeable to the capital account of one of the Projects under
general income tax principles, (ii) constitute non-recurring working capital
expenditures (of a type not customarily payable from current revenues), or
(iii) are costs of issuing the Bonds. No
proceeds of the Bonds will be used to reimburse any expenditures originally
paid more than sixty days prior to the date of this Resolution except those
expenditures constituting "preliminary expenditures." For purposes of this Resolution,
"preliminary expenditures" means expenditures for architectural,
engineering, surveying, soil testing, costs of issuing the Bonds, or similar
purposes.
Section
10. It is the intention of said
Town and all parties under its control that the interest on the Bonds issued
hereunder be and remain excluded from gross income for federal income tax
purposes and to this end, the Town hereby represents to and covenants with each
of the Holders of the Bonds issued hereunder that it will comply with the
requirements applicable to it contained in Section 103 and Part IV of
Subchapter B of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986,
as amended (the "Code"), and temporary or permanent regulations
promulgated or applicable thereunder, to the extent necessary to preserve the
exclusion from gross income for federal income tax purposes of interest on the
Bonds issued hereunder. Specifically,
without intending to limit in any way the generality of the foregoing , the
Town covenants and agrees:
(A) to the extent required by the Code, to make or cause to be made all necessary determinations and calculations of the Rebate Amount and required payments of the Rebate Amount;
(B) to
set aside sufficient moneys to timely pay the Rebate Amount to the
(C) to pay, at the times and to the extent required under Section 148(f) of the Code, the Rebate Amount to the United States of America;
(D) to maintain and retain all records pertaining to the Rebate Amount with respect to the Bonds issued hereunder and required payments of the Rebate Amount with respect to the Bonds for at least six years after the final maturity of the Bonds or such other period as shall be necessary to comply with the Code;
(E) to refrain from taking any action that would cause the Bonds issued hereunder to become arbitrage bonds under Section 148 of the Code; and
(F) to refrain from taking any action that would cause the Bonds issued hereunder or any of them to be classified as private activity bonds under Section 141(a) of the Code.
The
Town understands that the foregoing covenants impose continuing obligations of
the Town that will exist as long as the requirements of Section 103 and Part IV
of Subchapter B of Chapter 1 of Subtitle A of the Code are applicable to
the Bonds.
Notwithstanding
any other provision of this Resolution, the obligation of the Town to pay the
Rebate Amount to the
As used herein, the term "Rebate
Amount" means with respect to the Bonds, the excess of the future value,
as of a computation date, of all receipts on all nonpurpose investments (as
defined in Section 1.148-1(b) of the Income Tax Regulations) over the future
value, as of that date, of all payments on non-purpose investments all as
provided in the Income Tax Regulations implementing Section 148 of the Code.
Section 11. The
validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an
object or purpose for which said Town is not authorized to expend money, or
2) The provisions of law which should be
complied with at the date of publication of this 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
3) Such obligations are authorized in
violation of the provisions of the Constitution.
Section 12. The
Town has provided or will provide prior to the issuance of the Bonds the
appropriate amount of "current funds" required under Section 107 of
the Local Finance Law.
Section 13. Upon
this resolution taking effect, the same shall be published in full in The Rockland County Times, the official
newspaper, or such other designated newspaper permitted under the provisions of
the Local Finance Law, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
Section 14. This
resolution is adopted subject to permissive referendum in accordance with
Section 35.00 of the Local Finance Law.
ADOPTION OF BOND RESOLUTION: VARIOUS
CAPITAL PROJECTS
The following
resolution was moved by Councilman Friedman,
seconded by Councilman Stein and unanimously adopted on a roll-call vote of 5-0:
Resolution
No. 2008 -339
RESOLVED by the Town Board of the
Town of
Schedule “A”
A RESOLUTION AUTHORIZING THE ISSUANCE OF $870,000
SERIAL BONDS OF THE TOWN OF
WHEREAS, all conditions precedent to
the financing of the capital project hereinafter described, have been
performed; and
WHEREAS, it is now desired to
authorize the financing of such capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of
Section 1. For
the specific object or purpose or classes of objects or purposes of paying the
cost of various capital projects hereinafter described in Section 2 hereof,
there are hereby authorized to be issued $855,000 serial bonds of the Town of
Ramapo, Rockland County, New York, pursuant to the provisions of the Local
Finance Law.
Section 2. The
specific objects or purposes or classes of objects or purposes to be financed
pursuant to this bond resolution and their maximum estimated costs are as
follows:
a.
The purchase
of motor vehicles for the use of various departments of the Town, including
incidental expenses in connection therewith, a class of objects or purposes, at
a maximum estimated aggregate cost of $265,000.
It is hereby determined that the plan for the financing thereof shall
consist of the issuance of $265,000 serial bonds of the $855,000 serial bonds
authorized to be issued pursuant to this bond resolution. It is hereby further determined that the
period of probable usefulness of the aforesaid class of objects or purposes is
five years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the
Local Finance Law;
b.
The purchase
of a equipment, machinery and apparatus for construction and maintenance for
the use of departments of the Town, including incidental expenses in connection
therewith, a class of objects or purposes, at a maximum estimated aggregate
cost of $85,000. It is hereby determined
that the plan for the financing thereof shall consist of the issuance of
$85,000 serial bonds of the $855,000 serial bonds authorized to be issued
pursuant to this bond resolution. It is
hereby further determined that the period of probable usefulness of the
aforesaid class of objects or purposes is five years, pursuant to subdivision
28 of paragraph a of Section 11.00 of the Local Finance Law;
c.
The purchase
of equipment, machinery, apparatus and furnishings, for the use of various
departments and facilities of the Town, including incidental expenses in
connection therewith, a class of objects or purposes, at a maximum estimated
cost of $505,000. It is hereby
determined that the plan for the financing thereof shall consist of the
issuance of $505,000 serial bonds of the $855,000 serial bonds authorized to be
issued pursuant to this bond resolution.
It is hereby further determined that the period of probable usefulness
of the aforesaid class of objects or purposes is five years, pursuant to
subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law;
Section 3. Subject
to the provisions of the Local Finance Law, the power to authorize the issuance
of and to sell bond anticipation notes in anticipation of the issuance and sale
of the serial bonds herein authorized, including renewals of such notes, is
hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance Law.
Section 4. The
faith and credit of said Town of
Section 5. Such
bonds shall be in fully registered form and shall be signed in the name of the
Town of Ramapo, Rockland County, New York, by the manual or facsimile signature
of the Supervisor and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of
the Town Clerk.
Section 6. The
powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the Supervisor, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of said Town; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions
of the Local Finance Law and any order or rule of the State Comptroller
applicable to the sale of municipal bonds.
The receipt of the Supervisor shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of
the purchase money.
Section 7. All
other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining
annual debt service and all matters related thereto, prescribing whether manual
or facsimile signatures shall appear on said bonds, prescribing the method for
the recording of ownership of said bonds, appointing the fiscal agent or agents
for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of the Supervisor, providing
for the manual countersignature of a fiscal agent or of a designated official
of the Town), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other
issues, shall be determined by the Supervisor.
It is hereby determined that it is to the financial advantage of the
Town not to impose and collect from registered owners of such serial bonds any
charges for mailing, shipping and insuring bonds transferred or exchanged by
the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of
the Local Finance Law, no such charges shall be so collected by the fiscal
agent. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of
the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance
Law, as the Supervisor shall determine.
Section 8. The
Town has previously paid, and expects to pay on or after the date of this
Resolution and before the issuance of the Bonds, certain costs of the projects
described in Section 2 (collectively, the "Projects") with funds
other than proceeds of the Bonds (the "Advanced Funds"). The Town reasonably expects to use proceeds
of the Bonds to reimburse itself for all expenditures made with the Advanced
Funds. This Resolution is a declaration
of the official intent of the Town in that regard, within the contemplation of
Section 1.150-2 of the Income Tax Regulations promulgated by the United States
Department of the Treasury. All of the
expenditures initially to be paid with the Advanced Funds that will be
reimbursed from proceeds of the Bonds have been or will be for costs that (i)
are properly chargeable to the capital account of one of the Projects under
general income tax principles, (ii) constitute non-recurring working capital
expenditures (of a type not customarily payable from current revenues), or
(iii) are costs of issuing the Bonds. No
proceeds of the Bonds will be used to reimburse any expenditures originally
paid more than sixty days prior to the date of this Resolution except those
expenditures constituting "preliminary expenditures." For purposes of this Resolution,
"preliminary expenditures" means expenditures for architectural,
engineering, surveying, soil testing, costs of issuing the Bonds, or similar
purposes.
Section 9. It is the intention of said Town and all parties under its control that the interest on the Bonds issued hereunder be and remain excluded from gross income for federal income tax purposes and to this end, the Town hereby represents to and covenants with each of the Holders of the Bonds issued hereunder that it will comply with the requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, as amended (the "Code"), and temporary or permanent regulations promulgated or applicable thereunder, to the extent necessary to preserve the exclusion from gross income for federal income tax purposes of interest on the Bonds issued hereunder. Specifically, without intending to limit in any way the generality of the foregoing, the Town covenants and agrees:
(A) to the extent required by the Code, to make or cause to be made all necessary determinations and calculations of the Rebate Amount and required payments of the Rebate Amount;
(B)