Town Board Meeting of March 6, 2014 East Hampton, New York

Transcription

1 East Hampton Town Board Carole Brennan 159 Pantigo Road Telephone: East Hampton, NY Town Board Meeting of March 6, 2014 East Hampton, New York I. Call to Order 6:30 PM Meeting called to order on March 6, 2014 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY. Attendee Name Present Absent Late Arrived Councilwoman Kathee Burke-Gonzalez Councilman Peter Van Scoyoc Councilwoman Sylvia Overby Councilman Fred Overton Supervisor Larry Cantwell II. Public Hearings 1. Payne SPH NPH CPF Acquisition and Amend 2014 M&S Paln III. IV. Public Portion Resolutions A. COUNCILWOMAN BURKE-GONZALEZ RESOLUTION: CATEGORY: Warrant Approval SPONSORED BY: Kathee Burke-Gonzalez DEPARTMENT: Town Clerk 3A Warrant- Approval of Claims $2,845, Highway Warrant $226, Utility Warrant 3A $20, RESOLVED, that Claims on Warrant No. 3A/2014, in the amount of $2,845, Were audited by the Town Board and the Supervisor is hereby directed to pay same; and be it RESOLVED, that Claims on Highway Warrant No. 3A/2014, in the amount of $226, Were audited by the Town Board and the Supervisor is hereby directed to pay same; and be it Page 1

2 FURTHER RESOLVED, that Claims on Utility Warrant No. 3A/Utility, In the amount of $20, Were audited by the Town board and the Supervisor is hereby directed to pay same. RESOLUTION: CATEGORY: Committees SPONSORED BY: Kathee Burke-Gonzalez DEPARTMENT: Town Board Establish and Appoint the Senior Services Committee Establish and Appoint the Senior Services Committee WHEREAS, the growth of the older population is increasing at an unprecedented rate as improved medical care and prevention efforts are resulting in longer life spans; and WHEREAS, the aging of "baby boomers" (individuals born between 1946 and 1964) is also contributing significantly to this demographic trend as they reach age 65; and WHEREAS, the 2010 US Census has determined that Adults 65+ represent 18% of the Town of East Hampton's population; and WHEREAS, the aging of the "baby boomers" will place new demands upon the Town and the community to provide senior services; now, therefore, be it RESOLVED, that the Town of East Hampton establishes a Senior Services Committee to assess the diverse needs and desires of a senior population that spans three generations; determine the availability of senior services delivered by the Town as well as other local institutions; develop a plan to provide a coordination of services and avoid any duplication; and evaluate and research approaches taken in other comparable communities to ensure that the Town and community have a framework in place to support healthy aging, and be it further RESOLVED, that the following members be appointed to the Senior Services Committee, to serve at the pleasure of the Town Board: Mary Fallon Paul Fiondella Howard Lebwith DDS Mary Ella Moeller Dr. Nancy Peppard As well as representatives of the following institutions: Tom Cohill, YMCA Dennis Fabiszak, East Hampton Library Diane Patrizio, Director of Human Services for East Hampton Town Sheila Rogers, East Hampton Healthcare Foundation Michele Rothar, LCSW Case Manager for East Hampton Town John Rooney, Superintendent of Recreation for East Hampton Town Tom Ruhle, Director of Housing for East Hampton Town Board Liaison: Kathee Burke-Gonzalez; and, be it further Page 2

3 RESOLVED, that the Senior Services Committee will report back to the Town Board with an assessment and recommendation no later than October 1, RESOLUTION: CATEGORY: Personnel Misc. SPONSORED BY: Kathee Burke-Gonzalez DEPARTMENT: Human Resources Increase Employee Hours Human Services Department WHEREAS, the following employee's are assigned to departments that have an increase in volume of work, it is necessary to increase some employee's hours as per the 2014 budget, therefore be it RESOLVED that the following employees hours be increased effective retroactive to February 24, Human Services Department Employee Michelle Posillico from 35 to 40 hours Arlene Hallock from 30 to 35 hours be it further RESOLVED, that the Town Clerks office is hereby instructed to send a copy of this resolution to the appropriate personnel RESOLUTION: CATEGORY: Amendment SPONSORED BY: Kathee Burke-Gonzalez DEPARTMENT: Town Attorney Amend Resolution # WHEREAS, by Resolution # the Town Board approved the installation of a direct circuit FTI connection to TRACON NY Center for the Air Traffic Control Tower at the East Hampton airport; and WHEREAS, the Town Board authorized the expenditure of $12, for the aforementioned installation and WHEREAS, the Town has learned that the installation of this line normally takes 120 days and wishes to expedite the installation of the line to 60 days, which will result in some additional costs for the installation; now, therefore, be it RESOLVED, that the Supervisor is authorized to enter into an Agreement for the installation and maintenance of a direct circuit FTI line for the East Hampton Town Airport Control Tower at an estimated cost to the Town for installation not to exceed $14,115.71, with all costs recurring costs after twenty four (24) months to be assumed by the FAA without further costs to the Town. RESOLUTION: CATEGORY: Issue Check SPONSORED BY: Kathee Burke-Gonzalez DEPARTMENT: Human Services Page 3

4 Issue Check for Food Manager's Certification - Human Services WHEREAS, the Suffolk County Food Manager's Course is available free of charge online, with a fee of $30.00 charged per student to take the required in-person final exam, and payment must be made at the time of the exam by check, and; WHEREAS, the Course is mandated by the Suffolk County Health Department and the Suffolk County Office for the Aging, for any employee handling food; and WHEREAS, the following persons have not obtained Food Manager's Certificates as required: Adult Day Care Supervisor, Staci Spencer and Home Health Aide, Nora Grimes who will utilize time available to take the required 20 lessons online and schedule the required inperson testing in April; and WHEREAS, the cost of the Food Manager's Course is not payable by a Purchase Order, now be it RESOLVED, that the Budget Office issue a check in the amount of $60.00 payable out of the Budget Account #A to pay for said exams, and that it be made payable to Suffolk County Health Department and made available to Human Services Director Diane Patrizio no later than April 4, RESOLUTION: CATEGORY: Approvals SPONSORED BY: Kathee Burke-Gonzalez DEPARTMENT: Human Services Authorize Required Testing - Drivers - Human Services WHEREAS, pursuant to Article 19A of the New York State Vehicle and Traffic Law the Town is required to provide an annual report on the defensive driving performance of its drivers and WHEREAS, the TOWN is also required to provide a biennial examinations of the physical condition of drivers, together with biennial Behind the Wheel Road Tests and biennial Oral/Written Tests; WHEREAS, Winsper Safety Services provides the required Annual Defensive Driving Tests, Behind the Wheel Tests and Written Tests for Human Services Transportation for drivers at the cost of $85.00 per driver per test; and WHEREAS, Meeting House Lane Medical provides the required medical examinations at a cost of $125 per exam; now, therefore, be it RESOLVED, that the Human Services Department is hereby authorized to have biennial examinations of drivers, road tests and written and oral tests performed by Winsper Safety Services at a cost of $85 per driver per test; and be it further RESOLVED, that the Human Services Department is further authorized to have biennial physical exams performed by Meeting House Medical at a cost of $ per exam; and be it further RESOLVED, that all such costs shall be payable out of budget account A Page 4

5 RESOLUTION: CATEGORY: Agreements, Contracts, Leases SPONSORED BY: Kathee Burke-Gonzalez DEPARTMENT: Town Attorney Authorize Plane Noise Contract Renewal WHEREAS, Plane Noise is a firm providing noise complaint management services for aircraft noise complaints, providing 24 hour monitoring and data management information that assists the Town in identifying and collecting data on aircraft related to noise complaints and review of compliance with the Town's noise abatement procedures; and WHEREAS, the existing contract expires March 31, 2014 and the Airport Manager has requested the Town Board renew the services of Plane Noise to provide the aforementioned services through March ; and WHEREAS, Plane Noise has proposed to continue to provide the Town with Noise Complaint Management services at an annual cost of $15, payable in monthly installments of $1,325.00; now, therefore, be it RESOLVED, that the Supervisor is hereby authorized to enter into an agreement on behalf of the East Hampton Town Airport to retain the continued services of Plane Noise, effective April 1, 2014 through March , at a cost to the Town of $1, per month, from the appropriate airport budget account. Financial Impact: $15,900 annually payable RESOLUTION: CATEGORY: Prof. Services (Attorney, Eng., Appraisers, Cons.) SPONSORED BY: Kathee Burke-Gonzalez DEPARTMENT: Town Attorney Amend Reso # Retain Outside Counsel 2014 Kaplan, Kirsch & Rockwell, LLP WHEREAS, the Town of East Hampton has retained the services of Kaplan, Kirsch & Rockwell, LLP., as outside counsel to represent the Town in aviation matters for calendar year 2014, now therefore be it RESOLVED, said counsel is authorized to take all necessary and appropriate action on behalf of the Town in coordination with the Town Attorney, and, be it further RESOLVED, that such fees shall be capped at $16, with any further expenditures to be subject to review and approval of the Town Board; and be it further RESOLVED, that disbursements for all incidental and out of pocket expenses shall be in accordance with the Town's reimbursement policy RESOLVED, that payment to said counselor(s) shall be paid in accordance with fee schedules set forth below, upon claim vouchers properly submitted, as outlined in the fee schedules below; and be it further FEE SCHEDULE Page 5

6 Kaplan, Kirsch & Rockwell, LLP. Peter Kirsch: $440/hour Dan Reimer: $385/hour Lisa Reynolds: $295/hour Other Associates: $ /hour Other Attorneys: $ /hour Paralegals & Law Clerks: $130/hour RESOLUTION: CATEGORY: Bids Accepted SPONSORED BY: Kathee Burke-Gonzalez DEPARTMENT: Purchasing Accept Proposal - EH Advertising Concession Services at East Hampton Airport - Van Wagner Communications, LLC WHEREAS, the Town Board solicited proposals for Advertising Concession Services at the East Hampton Airport; and WHEREAS, the proposal of Van Wagner Communications, LLC was the proposal received which best met the proposal guidelines and being in proper form; now, therefore be it RESOLVED, that at the recommendation of the user department, the proposal of Van Wagner Communications, LLC to provide the services in accordance with their proposal, is hereby accepted, and be it further RESOLVED, that the Town Supervisor is hereby authorized and directed to enter into an Agreement with Van Wagner Communications, LLC for the provision of services consistent with the Contractor's response to the Request for Proposals, said agreement to be subject to the review and approval of the Town Attorney. B. COUNCILMAN VAN SCOYOC RESOLUTION: CATEGORY: Approvals SPONSORED BY: Peter Van Scoyoc DEPARTMENT: Town Attorney Seqra Determination for Bond Resolution, Fort Pond House, Montauk WHEREAS, the Town Board has before it for consideration on March 6, 2014, a Bond Resolution for the funding of a capital project for renovation work on the Fort Pond House in Montauk; and WHEREAS, the proposed project is deemed a Type II action under the New York State Environmental Quality Review Act (SEQRA) and Chapter 128 of the Town Code; now therefore be it RESOLVED, that the Town Board finds that the project to renovate the Fort Pond House in Montauk is classified as a Type II Action under SEQRA, pursuant to 6 NYCRR Part Page 6

7 617.5(c)(2), and as such, no further environmental analysis of the proposed project is required. Financial Impact: None. RESOLUTION: CATEGORY: Bond SPONSORED BY: Peter Van Scoyoc DEPARTMENT: Town Clerk Bond - $75,000 - Improvements to the Fort Pond House BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED MARCH 6, 2014, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO the FORT POND HOUSE LOCATED IN MONTAUK, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $75,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE AND AUTHORIZING THE ISSUANCE OF BONDS OF THE TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $75,000 TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of East Hampton, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to the Fort Pond House located in Montauk. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $75,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds of the Town in the principal amount of not to exceed $75,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Debt service on the obligations herein authorized is expected to be paid from the Town's General Fund - Townwide, as determined by the Town Board. Section 2. Bonds of the Town in the principal amount of not to exceed $75,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The building to be improved is of Class "C" construction, as defined by Section a. 11(c) of the Law, and the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section a. 12 (a)(3) of the Law, is ten (10) years. Section 4. The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section of the United States Treasury Department. Page 7

8 Section 5. The proposed maturity of the bonds authorized by this resolution will exceed five years. Section 6. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 7. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section relative to the authorization of the issuance of bond anticipation notes and Section and Sections to and of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and the powers and duties relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 8. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 9. This bond resolution is subject to a permissive referendum and the Town Clerk of said Town of East Hampton is hereby authorized and directed to cause to be published, in full, within ten (10) days after the adoption of this resolution, in "The East Hampton Star" which is hereby designated the official newspaper of the Town for such publication, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: Page 8

9 LEGAL NOTICE TOWN OF EAST HAMPTON, NEW YORK PLEASE TAKE NOTICE that on March 6, 2014, the Town Board of the Town of East Hampton, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted March 6, 2014, authorizing the construction of improvements to the Fort Pond House located in Montauk, stating the estimated maximum cost thereof is $75,000, appropriating said amount for such purpose and authorizing the issuance of bonds of the Town in the principal amount of not to exceed $75,000 to finance said appropriation," an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the construction of improvements to the Fort Pond House located in Montauk; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $75,000; APPROPRIATING said amount for such purpose; STATING the plan of financing includes the issuance of $75,000 bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; STATING that debt service on the obligations herein authorized is expected to be paid from the Town's General Fund - Townwide, as determined by the Town Board; SECOND: AUTHORIZING the issuance of bonds of the Town in the principal amount of not to exceed $75,000 pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is ten (10) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $75,000 bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, and the renewals thereof, and other related powers; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: March 6, 2014 CAROLE A. BRENNAN Town Clerk Page 9

10 Section 10. The Town Clerk is hereby directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the newspaper(s) referred to in Section 9 hereof, and hereby designated the official newspaper(s) for said publication, together with a Notice in substantially the form as provided by Section of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. RESOLUTION: CATEGORY: Bond SPONSORED BY: Peter Van Scoyoc DEPARTMENT: Town Clerk BOND - $80,000 Amend Plates at Youth Skate Parks RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED MARCH 6, 2014, AMENDING THE BOND RESOLUTION DULY ADOPTED APRIL 18, 2013 RELATING TO THE ACQUISITION AND INSTALLATION OF PLATES AT THE YOUTH SKATE PARK Recitals WHEREAS, the Town Board of the Town of East Hampton (the "Town"), in the County of Suffolk, New York, has heretofore duly authorized the acquisition and installation of plates at the Youth Stake Park, at the estimated maximum cost of $30,000, which amount was appropriated for such purpose pursuant to the bond resolution duly adopted by the Town Board on April 18, 2013; and WHEREAS, due to an increase in the cost of the project, the estimated cost of said project has now been determined to be $80,000, and it is necessary and in the public interest to increase the appropriation therefor by $50,000 and to amend said bond resolution to reflect such increase and to authorize the issuance of additional serial bonds to finance such additional cost; and Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The Bond Resolution of said Town adopted by the Town Board on April 18, 2013, entitled: "Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted April 18, 2013, authorizing the acquisition and installation of plates at the Skate Park, stating the estimated maximum cost thereof is $30,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $30,000 to finance said appropriation," hereby amended to read as follows: Page 10

11 BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED APRIL 18, 2013 AND AMENDED MARCH 6, 2014, authorizing the acquisition and installation of plates at the YOUTH Stake Park, stating the estimated maximum cost thereof is $80,000, appropriating said amount for such purpose and authorizing the issuance of bonds OF THE TOWN in the principal amount of not to exceed $80,000 to finance said appropriation THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of East Hampton, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire and install plates at the Youth Skate Park. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $80,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $80,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Debt service on the obligations herein authorized is expected to be paid from the Town's General Fund - Townwide, as determined by the Town Board. Section 2. Bonds of the Town in the principal amount of $80,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section a. 19 (c) of the Law, is fifteen (15) years. Section 4. The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section of the United States Treasury Department. Section 5. The proposed maturity of the bonds authorized by this resolution will exceed five years. Section 6. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Page 11

12 Section 7. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section relative to the authorization of the issuance of bond anticipation notes and Section and Sections to and of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and the powers and duties relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 8. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 9. This bond resolution is subject to a permissive referendum and the Town Clerk of said Town of East Hampton is hereby authorized and directed to cause to be published, in full, within ten (10) days after the adoption of this resolution, in "The East Hampton Star" which is hereby designated the official newspaper of the Town for such publication, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: Page 12

13 LEGAL NOTICE TOWN OF EAST HAMPTON, NEW YORK PLEASE TAKE NOTICE that on March 6, 2014 the Town Board of the Town of East Hampton, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on April 18, 2013, which bond resolution, as amended, is entitled: "Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted April 18, 2013 and amended March 6, 2014, authorizing the acquisition and installation of plates at the Youth Stake Park, stating the estimated maximum cost thereof is $80,000, appropriating said amount for such purpose and authorizing the issuance of bonds of the Town in the principal amount of not to exceed $80,000 to finance said appropriation," an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: FIRST: RECITING, that the Town Board of the Town of East Hampton (the "Town"), in the County of Suffolk, New York, has heretofore duly authorized the acquisition and installation of plates at the Youth Stake Park, at the estimated maximum cost of $30,000, which amount was appropriated for such purpose pursuant to the bond resolution duly adopted by the Town Board on April 18, 2013; RECITING, that due to an increase in the cost of the project, the estimated cost of said project has now been determined to be $80,000, and it is necessary and in the public interest to increase the appropriation therefor by $50,000 and to amend said bond resolution to reflect such increase and to authorize the issuance of additional serial bonds to finance such additional cost; AUTHORIZING the acquisition and installation of plates at the Youth Skate Park; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $80,000; APPROPRIATING said amount for such purpose; STATING the plan of financing includes the issuance of $80,000 bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; and STATING that debt service on the obligations herein authorized is expected to be paid from the Town's General Fund - Townwide, as determined by the Town Board; SECOND: AUTHORIZING the issuance of bonds of the Town in the principal amount of $80,000 pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $80,000 bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, and the renewals thereof, and other related powers; and Page 13

14 SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: March 6, 2014 CAROLE A. BRENNAN Town Clerk Page 14

15 Section 10. The Town Clerk is hereby directed to cause said bond resolution as herein amended, to be published, in summary, in the newspaper hereinabove referred to in Section 9 thereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as prescribed by Section of the Local Finance Law of the State of New York. * * * Section (B) The amendment of the bond resolution set forth in Section (A) of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution as originally adopted, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. Section (C) Said bond resolution, as herein amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution, as amended, and requesting that it be submitted to the electors of said Town for their approval or disapproval, is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted April 18, 2013, shall not be in any way affected and shall remain in full force and effect. RESOLUTION: CATEGORY: Bond SPONSORED BY: Peter Van Scoyoc DEPARTMENT: Town Clerk BOND - $90,000 Amending Acq. of Boom Mower RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED MARCH 6, 2014, AMENDING THE BOND RESOLUTION DULY ADOPTED APRIL 18, 2013 RELATING TO THE ACQUISITION OF A BOOM MOWER Recitals WHEREAS, the Town Board of the Town of East Hampton (the "Town"), in the County of Suffolk, New York, has heretofore duly authorized the acquisition of a boom mower, at the estimated maximum cost of $60,000, which amount was appropriated for such purpose pursuant to the bond resolution duly adopted by the Town Board on April 18, 2013; and WHEREAS, due to an increase in the cost of the project, the estimated cost of said project has now been determined to be $90,000, and it is necessary and in the public interest to increase the appropriation therefor by $30,000 and to amend said bond resolution to reflect such increase and to authorize the issuance of additional serial bonds to finance such additional cost; and Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The Bond Resolution of said Town adopted by the Town Board on April 18, 2013, entitled: Page 15

16 "Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted April 18, 2013, authorizing the acquisition of a boom mower, stating the estimated maximum cost thereof is $60,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $60,000 to finance said appropriation," is hereby amended to read as follows: Page 16

17 BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED APRIL 18, 2013 AND AMENDED MARCH 6, 2014, authorizing the acquisition OF A BOOM MOWER, stating the estimated maximum cost thereof is $90,000, appropriating said amount for such purpose and authorizing the issuance of bonds OF THE TOWN in the principal amount of not to exceed $90,000 to finance said appropriation THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of East Hampton, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire a boom mower. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $90,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $90,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Debt service on the obligations herein authorized is expected to be paid from the Town's Highway Fund, as determined by the Town Board. Section 2. Bonds of the Town in the principal amount of $90,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section a. 28 of the Law, is fifteen (15) years. Section 4. The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section of the United States Treasury Department. Section 5. The proposed maturity of the bonds authorized by this resolution will exceed five years. Section 6. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Page 17

18 Section 7. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section relative to the authorization of the issuance of bond anticipation notes and Section and Sections to and of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and the powers and duties relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 8. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 9. This bond resolution is subject to a permissive referendum and the Town Clerk of said Town of East Hampton is hereby authorized and directed to cause to be published, in full, within ten (10) days after the adoption of this resolution, in "The East Hampton Star" which is hereby designated the official newspaper of the Town for such publication, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: Page 18

19 LEGAL NOTICE TOWN OF EAST HAMPTON, NEW YORK PLEASE TAKE NOTICE that on March 6, 2014 the Town Board of the Town of East Hampton, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on April 18, 2013, which bond resolution, as amended, is entitled: "Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted April 18, 2013 and amended March 6, 2014, authorizing the acquisition of a boom mower, stating the estimated maximum cost thereof is $90,000, appropriating said amount for such purpose and authorizing the issuance of bonds of the Town in the principal amount of not to exceed $90,000 to finance said appropriation," an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: FIRST: RECITING, that the Town Board of the Town of East Hampton (the "Town"), in the County of Suffolk, New York, has heretofore duly authorized the acquisition of a boom mower, at the estimated maximum cost of $60,000, which amount was appropriated for such purpose pursuant to the bond resolution duly adopted by the Town Board on April 18, 2013; RECITING, that due to an increase in the cost of the project, the estimated cost of said project has now been determined to be $90,000, and it is necessary and in the public interest to increase the appropriation therefor by $30,000 and to amend said bond resolution to reflect such increase and to authorize the issuance of additional serial bonds to finance such additional cost; AUTHORIZING the acquisition of a boom mower; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $90,000; APPROPRIATING said amount for such purpose; STATING the plan of financing includes the issuance of $90,000 bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; and STATING that debt service on the obligations herein authorized is expected to be paid from the Town's Highway Fund, as determined by the Town Board; SECOND: AUTHORIZING the issuance of bonds of the Town in the principal amount of $90,000 pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $90,000 bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, and the renewals thereof, and other related powers; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. Page 19

20 DATED: March 6, 2014 CAROLE A. BRENNAN Town Clerk Page 20

21 Section 10. The Town Clerk is hereby directed to cause said bond resolution as herein amended, to be published, in summary, in the newspaper hereinabove referred to in Section 9 thereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as prescribed by Section of the Local Finance Law of the State of New York. * * * Section (B) The amendment of the bond resolution set forth in Section (A) of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution as originally adopted, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. Section (C) Said bond resolution, as herein amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution, as amended, and requesting that it be submitted to the electors of said Town for their approval or disapproval, is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted April 18, 2013, shall not be in any way affected and shall remain in full force and effect. RESOLUTION: CATEGORY: Bond SPONSORED BY: Peter Van Scoyoc DEPARTMENT: Town Clerk BOND - $150,000 Amending Salt Storage Building RESOLUTION OF THE TOWN OF EAST HAMPTON, NEW YORK, ADOPTED MARCH 6, 2014, AMENDING THE BOND RESOLUTION DULY ADOPTED OCTOBER 3, 2013 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS TO THE SALT STORAGE BARN IN MONTAUK Recitals WHEREAS, the Town Board of the Town of East Hampton (the "Town"), in the County of Suffolk, New York, has heretofore duly authorized the construction of a new salt storage barn in Montauk, at the estimated maximum cost of $150,000, which amount was appropriated for such purpose pursuant to the bond resolution duly adopted by the Town Board on October 3, 2013; and WHEREAS, the Town Board has now determined that it is in the best interests of the Town to reconstruct the existing salt storage barn in Montauk, rather than construct a new barn and to amend the description and the period of probable usefulness of the project set forth in the October 3, 2013 bond resolution; and Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The Bond Resolution of said Town adopted by the Town Board on October 3, 2013, entitled: Page 21

22 "Bond Resolution of the Town of East Hampton, Suffolk County, New York, adopted October 3, 2013, authorizing the construction of a salt barn in Montauk for use by the Highway Department, stating the estimated maximum cost thereof is $150,000, appropriating said amount for such purpose and authorizing the issuance of bonds in the principal amount of not to exceed $150,000 to finance said appropriation," is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF EAST HAMPTON, SUFFOLK COUNTY, NEW YORK, ADOPTED OCOBER 3, 2013 AND AMENDED MARCH 6, 2014, authorizing the RECONSTRUCTION OF THE EXISTING SALT STORAGE BARN LOCATED IN MONTAUK, stating the estimated maximum cost thereof is $150,000, appropriating said amount for such purpose and authorizing the issuance of bonds OF THE TOWN in the principal amount of not to exceed $150,000 to finance said appropriation THE TOWN BOARD OF THE TOWN OF EAST HAMPTON, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of East Hampton, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to reconstruct the existing salt storage barn located in Montauk. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $150,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Debt service on the obligations herein authorized is expected to be paid from the Town's General Fund - Townwide, as determined by the Town Board. Section 2. Bonds of the Town in the principal amount of $150,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The building to be improved is of Class "C" construction, as defined by Section a. 11(c) of the Law, and the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section a. 12 (a)(3) of the Law, is ten (10) years. Section 4. The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section of the United States Treasury Department. Section 5. The proposed maturity of the bonds authorized by this resolution will exceed five years. Section 6. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section of the Law and said bonds, and any notes issued in anticipation Page 22