MINUTES OF THE REGULAR MEETING OF THE RAMAPO TOWN BOARD HELD ON MAY 14, 2008

 

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 Deputy Town Clerk, Michele Lowy, called the roll.  The following board members were present and answered to their names:

 

            Present:          Supervisor                              Christopher P. St. Lawrence

                                    Councilwoman                        Frances M. Hunter

                                    Councilman                             Edward Friedman

                                    Councilman                             David J. Stein

                                    Councilman                             Itamar Yeger

 

                                    Deputy Town Attorney          Alan Berman

                                    Deputy Town Clerk               Michele Lowy

 

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 Ramapo that the following Minutes of the Ramapo Town Board be hereby approved, adopted and recorded in the Minute Book:

                                                April 23, 2008  -  Regular

 

 

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 53 NORTH MAIN STREET FOR OPERATION OF SUMMER EMPLOYMENT PROGRAM AND RECREATION FACILITY: LAPIDOT ASSOCIATES, LLC

The resolution captioned above was moved by Councilman Friedman to be “tabled” for a future meeting, and seconded by Supervisor St. Lawrence.

 

Resolution No. 2008 –324

           Tabled to the Town Board Meeting scheduled for May 28, 2008

 

 

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 East Ramapo Central School District, and

     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 Ramapo has solicited bids for the Purchase of Building Materials and Supplies, and

     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 Ramapo that the bid submitted by Beckerle Lumber Supply Co., Inc. of 3 Chestnut Street, P. O. Box 649, Spring Valley, NY 10977 for:

 

                        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%

                        Misc. Building Materials                        10%

                         and Supplies

be hereby approved and accepted, and

     BE IT FURTHER RESOLVED by the Town Board of the Town of Ramapo that the Supervisor is hereby authorized to sign a letter agreement with Beckerle Lumber Supply Co., Inc., in a form approved by the Town Attorney’s Office.

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 Ramapo that the Board does hereby appoint John Collins of Spring Valley, New York  a Grounds worker, Grade 8, effective May 19, 2008  at the annual salary of $35,304.

SOURCE OF FUNDS: OPERATING BUDGET 7250.3100

 

 

ESTABLISH RECREATION FACILITY ATTENDANT POSITION – PARKS & RECREATION

The following resolution was moved by Councilman Stein, seconded by Supervisor St. Lawrence and unanimously adopted by all board members:

 

                                                          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 Ramapo that the Board authorizes the establishment of the position of Recreation Facility Attendant.

 

 

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 Ramapo that the Board does hereby nominate Daniel J. Santa of Suffern, New York as Police Officer, pending clearance from the Town of Ramapo and the Rockland County Personnel Department.

 

 

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 Ramapo that Officer Markowitz be reimbursed in the amount of $425.40 for his successful completion of the course.

 

 

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 Ramapo that the Finance Department is hereby authorized to amend the 2008 Town Budget as follows:

 

            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 Ramapo is in receipt of $1,134.13 from the Joint Terrorism Task Force, and

     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 Ramapo that the Department of Finance is hereby authorized to amend the 2008 Town Budget as follows:

 

            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 County of Rockland for DWI Overtime patrols, and

     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 Ramapo that it hereby authorizes the Department of Finance to amend the 2008 Town Budget as follows:

 

            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 Ramapo that the Department of Finance is authorized to amend the 2008 Town Budget as follows:

 

            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, Myrna Spinner, an account clerk typist in the Finance Department is currently on extended sick leave, and

     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 September 24, 2008 if Myrna Spinner returns to work, and

     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 RAMAPO SENIOR CITIZEN CENTER’S PARKING LOT

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 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.

 

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 Ramapo, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

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 United States of America;

(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 United States of America and to comply with the other requirements of this Section 10 shall survive the defeasance or payment in full of the Bonds.

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 RAMAPO, ROCKLAND COUNTY, NEW YORK, TO PAY A PORTION OF THE COSTS OF THE CONSTRUCTION OF CURBS, SIDEWALKS OR GUTTERS, IN AND FOR SAID TOWN.

 

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, as follows:

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 Ramapo, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

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 United States of America;

(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 United States of America and to comply with the other requirements of this Section 10 shall survive the defeasance or payment in full of the Bonds.

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 RAMAPO, ROCKLAND COUNTY, NEW YORK, TO PAY A PORTION OF THE COST OF THE PURCHASE OF MACHINERY AND APPARATUS FOR VARIOUS DEPARTMENTS FOR CONSTRUCTION AND MAINTENANCE, IN AND FOR SAID TOWN.

 

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 Ramapo, Rockland County, New York (the "Town"), as follows:

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 Ramapo, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

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 United States of America;

(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 United States of America and to comply with the other requirements of this Section 10 shall survive the defeasance or payment in full of the Bonds.

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 Ramapo that the bond resolution dated May 14, 2008 (Schedule “A”) entitled A RESOLUTION AUTHORIZING THE ISSUANCE OF $870,000 SERIAL BONDS OF THE TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK, TO PAY THE  COSTS OF VARIOUS CAPITAL PROJECTS,  IN AND FOR SAID TOWN” be hereby approved and adopted.

Schedule “A”

A RESOLUTION AUTHORIZING THE ISSUANCE OF $870,000 SERIAL BONDS OF THE TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK, TO PAY THE COST OF VARIOUS CAPITAL PROJECTS IN AND FOR SAID TOWN. 

 

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 Ramapo, Rockland County, New York, as follows:

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 Ramapo, Rockland County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

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)