MINUTES OF SPECIAL TOWN MEETING
OF THE TOWN OF AVON
HELD JANUARY 26, 2009
A special town meeting of the electors and citizens qualified to vote in town meetings of the Town of Avon, Connecticut, was held at the Avon Senior Center, 635 West Avon Road, Avon, Connecticut, on Monday, January 26, 2009 at 7:30 p.m.
Mrs. Diane Hornaday was chosen as moderator of the meeting and Mrs. Ann L. Dearstyne acted as clerk.
The Clerk read the notice for the meeting which was published in the Hartford Courant on January 14, 2009, and which is recorded in these records immediately preceding these minutes.
Mr. John Carlson presented the resolutions as follows:
1. To consider the following resolution,
RESOLUTION APPROPRIATING $2,845,000 FOR COSTS RELATED TO THE REPLACEMENT OF THE AVON MIDDLE SCHOOL ROOF AND RELATED IMPROVEMENTS, AND AUTHORIZING THE ISSUE OF BONDS, NOTES AND TEMPORARY NOTES IN SUCH AMOUNT AS REQUIRED TO FINANCE THE PORTION OF THE APPROPRIATION NOT FUNDED FROM GRANTS
RESOLVED,
(_) That the Town of Avon appropriate TWO MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND DOLLARS ($2,845,000) for costs related to the replacement of the Avon Middle School roof and related improvements including but not limited to replacement of the rooftop HVAC units, installation of upgraded HVAC controls, installation of rooftop privacy screens, and related building improvements and appurtenances. The appropriation may be spent for design and construction costs, equipment, materials, engineering fees, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project or its financing. The Town anticipates receiving grants in the estimated amount of approximately $330,580 from the State of Connecticut Department of Education to defray in part the appropriation for the
project.
(a) That the Town issue bonds or notes and temporary notes in an amount not to exceed TWO MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND DOLLARS ($2,845,000) to finance the appropriation for the project. The amount of bonds or notes authorized to be issued shall be reduced by the amount of grants received by the Town for the project. The bonds or notes shall be issued pursuant to Sections 7-369 and 10-289 of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts. The bonds or notes shall be general obligations of the Town secured by the irrevocable pledge of the full faith and credit of the Town.
(b) That the Town issue and renew temporary notes from time to time in anticipation of the receipt of the proceeds from the sale of the bonds or notes and temporary notes for the project or the receipt of grants for the project. The amount of the notes outstanding at any time shall not exceed TWO MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND DOLLARS ($2,845,000). The notes shall be issued pursuant to Section 7-378 of the General Statutes of Connecticut, Revision of 1958, as amended. The notes shall be general obligations of the Town and shall be secured by the irrevocable pledge of the full faith and credit of the Town. The Town shall comply with the provisions of Section 7-378a of the General Statutes with respect to any notes that do not mature within the time permitted by said Section 7-378.
(c) That the Town Manager and the Treasurer of the Town shall sign any bonds or notes and temporary notes by their manual or facsimile signatures. The law firm of Day Pitney LLP is designated as bond counsel to approve the legality of the bonds or notes and temporary notes. The Treasurer shall keep a record of the bonds or notes and temporary notes. The Town Manager and the Treasurer are authorized to determine the amounts, dates, interest rates, maturities, redemption provisions, form and other details of the bonds or notes and temporary notes; to designate one or more banks or trust companies to be certifying bank, registrar, transfer agent and paying agent for the bonds or notes; to provide for the keeping of a record of the bonds or notes and temporary notes; to designate a financial advisor to the Town
in connection with the sale of the bonds or notes and temporary notes; to sell the bonds or notes and temporary notes at public or private sale; to deliver the bonds or notes and temporary notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes and temporary notes.
(d) That the Town hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 that project costs may be paid from temporary advances of available funds and that (except to the extent reimbursed from grant moneys) the Town reasonably expects to reimburse any such advances from the proceeds of borrowings in an aggregate principal amount not in excess of the amount of borrowing authorized above for the project. The Town Manager and the Treasurer are authorized to amend such declaration of official intent as they deem necessary or advisable and to bind the Town pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes and temporary notes authorized by
this resolution, if issued on a tax-exempt basis, including covenants to pay rebates of investment earnings to the United States in future years.
(e) That the Town Manager and the Treasurer are authorized to make representations and enter into written agreements for the benefit of holders of the bonds or notes and temporary notes to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds or notes and temporary notes.
(f) That the Board of Finance may approve transfers from the Town’s unappropriated General Fund Resources for the purpose of temporary cash flow needs prior to the sale of the bonds or notes and temporary notes, provided the transfers do not exceed eighty percent (80%) of such unappropriated balance and provided that all such transfers are repaid before the end of the fiscal year.
(g) That the building committee established for the project is authorized to act as a school building committee for the project, and is further authorized: (i) to determine the particulars of the project, and, with the approval of the Town Council, to reduce or modify the scope of the project and expend the entire appropriation on the project as so reduced or modified; (ii) with the approval of the Town Council, to approve design and construction expenditures for the project; (iii) with the approval of the Town Council, to contract with architects, engineers, contractors and others in the name and on behalf of the Town to complete the project; and (iv) to exercise such other powers as are necessary or appropriate to complete the project. Committee members shall not receive any compensation for their
services. Necessary expenses of the Committee shall be included in the cost of the project. The records of the Committee shall be filed with the Town Clerk and open to public inspection during normal business hours. Upon completion of the project, the Committee shall make a complete report and accounting to the Town Council.
(h) That the Board of Education is authorized to apply for and accept state grants for the project. The Board of Education is authorized to file applications with the State Board of Education, to execute grant agreements for the project, and to file such documents as may be required by the State Board of Education to obtain grants for the costs of financing the project.
(i) That the Town Manager, the Treasurer, the Board of Education, the building committee established for the project and other proper officers and officials of the Town are authorized to take any other action and execute any documents which are necessary or desirable to enable the Town to complete said project and to issue bonds or notes and obtain grants to defray the aforesaid appropriation.
2. To consider the following resolution,
RESOLUTION APPROPRIATING $875,000 FOR COSTS RELATED TO RENOVATIONS, ADDITIONS AND IMPROVEMENTS TO BUILDINGS 1 AND 2 AT THE AVON TOWN HALL CAMPUS INCLUDING EXPANSION OF THE TOWN CLERK’S VAULT, AND AUTHORIZING THE ISSUE OF BONDS, NOTES AND TEMPORARY NOTES IN THE SAME AMOUNT TO FINANCE THE APPROPRIATION
RESOLVED,
(a) That the Town of Avon appropriate EIGHT HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($875,000) for costs related to renovations, additions and improvements to Buildings ## 1 and 2 at the Avon Town Hall campus. The project is contemplated to include an approximately 800 square foot addition to Building #2 to accommodate an expansion of the Town Clerk’s vault, minor modifications to the office area outside of the existing vault, replacement of the entry way door and other minor repairs and upgrades, the refinishing of the roofs of Buildings ## 1 and 2, and related building improvements, site improvements and appurtenances. The appropriation may be spent for design and construction costs, equipment, furnishings, materials, site improvements, architects’ fees, engineering fees, legal fees, net
interest on borrowings and other financing costs, and other expenses related to the project or its financing. The Town Council is authorized to determine the particulars of the project and reduce or modify the scope of the project, and the entire appropriation may be expended on the project as so reduced or modified.
(b) That the Town issue bonds or notes and temporary notes in an amount not to exceed EIGHT HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($875,000) to finance the appropriation for the project. The bonds or notes shall be issued pursuant to Section 7-369 of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts. The bonds or notes shall be general obligations of the Town secured by the irrevocable pledge of the full faith and credit of the Town.
(c) That the Town issue and renew temporary notes from time to time in anticipation of the receipt of the proceeds from the sale of the bonds or notes and temporary notes for the project. The amount of the notes outstanding at any time shall not exceed EIGHT HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($875,000). The notes shall be issued pursuant to Section 7-378 of the General Statutes of Connecticut, Revision of 1958, as amended. The notes shall be general obligations of the Town and shall be secured by the irrevocable pledge of the full faith and credit of the Town. The Town shall comply with the provisions of Section 7-378a of the General Statutes with respect to any notes that do not mature within the time permitted by said Section 7-378.
(d) That the Town Manager and the Treasurer of the Town shall sign any bonds or notes and temporary notes by their manual or facsimile signatures. The law firm of Day Pitney LLP is designated as bond counsel to approve the legality of the bonds or notes and temporary notes. The Treasurer shall keep a record of the bonds or notes and temporary notes. The Town Manager and the Treasurer are authorized to determine the amounts, dates, interest rates, maturities, redemption provisions, form and other details of the bonds or notes and temporary notes; to designate one or more banks or trust companies to be certifying bank, registrar, transfer agent and paying agent for the bonds or notes; to provide for the keeping of a record of the bonds or notes and temporary notes; to designate a financial advisor to the Town
in connection with the sale of the bonds or notes and temporary notes; to sell the bonds or notes and temporary notes at public or private sale; to deliver the bonds or notes and temporary notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes and temporary notes.
(e) That the Town hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 that project costs may be paid from temporary advances of available funds and that the Town reasonably expects to reimburse any such advances from the proceeds of borrowings in an aggregate principal amount not in excess of the amount of borrowing authorized above for the project. The Town Manager and the Treasurer are authorized to amend such declaration of official intent as they deem necessary or advisable and to bind the Town pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes and temporary notes authorized by this resolution, if issued on a tax-exempt basis,
including covenants to pay rebates of investment earnings to the United States in future years.
(f) That the Town Manager and the Treasurer are authorized to make representations and enter into written agreements for the benefit of holders of the bonds or notes and temporary notes to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds or notes and temporary notes.
(g) That the Board of Finance may approve transfers from the Town’s unappropriated General Fund Resources for the purpose of temporary cash flow needs prior to the sale of the bonds or notes and temporary notes, provided the transfers do not exceed eighty percent (80%) of such unappropriated balance and provided that all such transfers are repaid before the end of the fiscal year.
(h) That the Town Manager, the Treasurer and other proper officers and officials of the Town are authorized to take any other action and execute any documents which are necessary or desirable to enable the Town to complete said project and to issue bonds or notes to finance the aforesaid appropriation.
Item 1.
Mr. John Carlson moved the resolution which was to be presented under this item, which resolution was seconded by Mr. William Shea, II. The Moderator stated that the meeting was open for consideration and discussion of the foregoing resolution.
The Moderator stated that Section 10.3.2. of the Town Charter requires that the appropriation be submitted to the voters at referendum and that it will be necessary to adjourn this meeting after a reasonable discussion.
The reports of the Board of Finance and Town Council were presented recommending an appropriation of $2,845,000 for the Avon Middle School Roof Replacement Project and the issue of bonds or notes and temporary notes to finance said appropriation.
Item 2.
Mr. John Carlson moved the resolution which was to be presented under this item, which resolution was seconded by Mr. William Shea II. The Moderator stated that the meeting was open for consideration and discussion of the foregoing resolution.
The Moderator stated that Section 10.3.2. of the Town Charter requires that the appropriation be submitted to the voters at referendum and that it will be necessary to adjourn this meeting after a reasonable discussion.
The reports of the Board of Finance and Town Council were presented recommending an appropriation of $875,000 for Town Hall Campus Improvements and the issue of bonds or notes and temporary notes to finance said appropriation.
The following comments were made: There were no comments from the audience.
Power Point presentations are attached.
After the close of discussion the Moderator stated that the resolutions would be submitted to vote at referendum on Thursday, February 26, 2009, at the Avon Senior Center, 635 West Avon Road between the hours of 6:00 a.m. and 8:00 p.m., to which time and place this meeting would adjourn at its conclusion tonight; and that said resolutions would be placed upon the paper ballots under the following headings, respectively:
“SHALL THE TOWN OF AVON APPROPRIATE $2,845,000 FOR COSTS RELATED TO THE REPLACEMENT OF THE AVON MIDDLE SCHOOL ROOF AND RELATED IMPROVEMENTS, AND AUTHORIZE THE ISSUE OF BONDS, NOTES AND TEMPORARY NOTES IN SUCH AMOUNT AS REQUIRED TO FINANCE THE PORTION OF THE APPROPRIATION NOT FUNDED FROM GRANTS?”
“SHALL THE TOWN OF AVON APPROPRIATE $875,000 FOR COSTS RELATED TO RENOVATIONS, ADDITIONS AND IMPROVEMENTS TO BUILDINGS 1 AND 2 AT THE AVON TOWN HALL CAMPUS INCLUDING EXPANSION OF THE TOWN CLERK’S VAULT, AND AUTHORIZE THE ISSUE OF BONDS, NOTES AND TEMPORARY NOTES IN THE SAME AMOUNT TO FINANCE THE APPROPRIATION?”
Voters approving a resolution will vote “Yes” and those opposing a resolution will vote “No”. Electors and persons qualified to vote in town meetings who are not electors will vote at the Avon Senior Center, 635 West Avon Road, Avon, Connecticut.
The town meeting adjourned at 8:15 p.m. for referendum votes on the resolutions under 1 and 2 of the Notice.
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Avon Town Clerk
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