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Board of Selectmen Minutes 11/18/2008

Town of North Stonington
Board of Selectmen
New Town Hall Conference Room
November 18, 2008
7:00 PM

Call to Order-At 7:10 PM with Selectman Mullane and Ricker present.
Selectman Murphy arrived at 7:12 PM
Public Comments and Questions
Minutes -A motion was made by Selectman Ricker to approve the minutes of
the November 3, 2008, seconded by Selectman Mullane, carrying 3-0
Correspondence
Old Business-
1.      Tribal Issues Supreme Court heard Narragansetts vs. State of
Rhode Island on right of BIA taking land for Indian tribes in  trust
after 1934 Reorganization Act decision pending.  Schaghticoke appealed
to appellate court on denial of acknowledgment by BIA
2.      Subdivision Review and Planning and Zoning Issues-
Garden Court LLC-Record filed on August 4, 2008
Moratorium extension to December 20, 2008-Complete revised and updated
draft regulations were provided by PZC
3.     Permanent School Building Project Committee
A.      Activities/membership-General discussion, no action
B.      CGS 8-24 Approval of School Building Projects (Booster
project)-No action
4.    Town Energy Projects
                Electrical Rate Bids-No action
                Wind farm Project-Draft letter provided to Connecticut
Clean Energy supporting grant application $500,000, for Green Machine
Bio, LLC, put on hold.  Selectmen want independent evaluation to
determine if project is economically sound, and need lawyers to set up a
public utility for municipal government.
5.   Town Hall Improvements-No report
6.  Kingswood/Meadowwood drainage review -Writing specifications for
installation of new drainage pipe will get draft plan of revised
Kingwood and Old Colony drainage pipe configuration , rearrangements and
more cleaning to do.
7.  Affordable Housing Committee-Discussion on Selectmen and PZC action
and potential joint meeting with Selectmen, PZC, and Housing Committee
and need for a special lawyer to answer questions.
8.  Mystic Seaport property Dam Repairs
                        Home Repairs-Working on punchlist
                        Signs and Controls-No action
                        Transition of Leases-No report
                        Dam Repair-Starting work getting direction from
engineer on blocking spillway and sand bagging and temporary filling of
holes.
9.  Boombridge Road bridge-
                Report of Design Review Team-Interviewing five
engineering firms on Friday 11/21
                Spending Authorization Future Town Meeting-Town meeting
scheduled for 12/1
10.   FY 2009-2010 Budget-No report.
11.   2009-2010 Legislative Agenda- State legislators to have special
session next week
12.   Special Town Meeting
        DEMHS Memorandum of Agreement
        Additional Appropriation for Resident State Troopers' DUI Grant
        LoCIP Plan Amendments
        Seaport Property Funding transfer to CNR
        Borrowing resolution for the Fire Truck
1.      To authorize the First Selectmen to sign a Memorandum of
Agreement to allow the Department of Emergency and Homeland Security for
Regional District 4 to accept grant funds on the town's behalf from the
United States Department of Homeland Security to be used to procure
regional assets.  A motion was made by Selectman Mullane and seconded by
Selectman Murphy to send this item to a Town Meeting for approval,
        carrying.  3-0
2.      To hear an act upon an additional appropriation request in the
amount of $ 54,937, to the State Troopers line item BB26.04, to allow
expenditures from the State of Connecticut Department of Transportation
DUI Grant.  .  A motion was made by Selectman Mullane and seconded by
Selectman Murphy to send this item to a Town Meeting for approval, if
approved by the BOF, carrying.  3-0
3.      To hear and act upon the additional appropriation and amendments
to the Town of North Stonington's Local Capital Improvement Plan for FY
2008/2009 through 2012/2013 to add Boombridge Bridge for $30,000. .  A
motion was made by Selectman Murphy and seconded by Selectman Mullane to
send this item to a Town Meeting for approval, if approved by the BOF,
carrying.  3-0
4.      Resolved:  That the Board of Selectmen shall be given the
authority to transfer the balance of the Capital Line item, Seaport
Property , effective this date (of approximately $206,842), to the
Capital Non Recurring Accounts to complete the project.  A motion was
made by Selectman Mullane and seconded by Selectman Murphy to send this
item to a Town Meeting for approval, if approved by the BOF, carrying.
3-0
5.      Resolution of the town meeting of the Town of North Stonington
authorizing the issue of $485,000 bonds and notes             to finance
in part the $535,000 appropriation in the fiscal year 2008/2009 town
budget for costs related to the
                acquisition of a fire engine and related equipment, and
to modifications and improvements to the North Stonington
       Volunteer Fire Department fire station.  

RESOLUTION OF BOARD OF SELECTMEN


WHEREAS, the Town's capital budget for the Fiscal Year ending June 30,
2009 included an appropriation of $535,000 for costs related to the
acquisition of a fire engine and related equipment, and to modifications
and improvements to the North Stonington Volunteer Fire Department Fire
Station; and
WHEREAS, it is in the best interest of the Town to authorize borrowing
to defray in part such appropriation;
NOW, THEREFORE, RESOLVED, that the Board of Selectmen recommends to the
Board of Finance and to the Town Meeting that the Town of North
Stonington authorize the issue of bonds or notes and temporary notes in
the amount of $485,000 to finance in part said $535,000 appropriation
included in the Town's capital budget for the Fiscal Year ending June
30, 2009, which appropriation shall be reauthorized, ratified and
confirmed, for costs related to the acquisition of a fire engine and
related equipment, and to modifications and improvements to the North
Stonington Volunteer Fire Department Fire Station, including design,
construction, installation, acquisition and delivery costs, related
equipment, materials, legal fees, net interest on borrowings and other
financing costs, and other expenses related to the project or its
financing.  The $50,000 balance of the appropriation not to be funded
from borrowings shall be funded from budget revenues for the Fiscal Year
ending June 30, 2009 or available General Fund balances.   

FURTHER RESOLVED, that a Special Town Meeting be held in the New Town
Hall Conference Room at 7:00 PM on Monday, December 1, 2008 for the
purpose of considering and acting upon a resolution with respect to such
recommendations, if such recommendations are approved by the Board of
Finance.  
RESOLUTION OF THE TOWN MEETING
OF THE TOWN OF NORTH STONINGTON
APPROPRIATING $535,000 FOR COSTS RELATING TO THE ACQUISITION OF A NEW
FIRE TRUCK AND IMPROVEMENTS TO THE NORTH STONINGTON VOLUNTEER FIRE
STATION, AND AUTHORIZING THE ISSUE OF $485,000 BONDS AND NOTES TO
FINANCE IN PART SUCH APPROPRIATION

RESOLVED,
1.      That the Town of North Stonington has appropriated $535,000 in
their Fiscal 2008-2009 budget for the purposes of purchasing a new fire
truck and improvements to the North Stonington Volunteer Fire Station
and needs to reaffirm authorization to borrow $485,000 for the same. The
appropriation may be spent for acquisition costs, engineering and other
consulting fees, design, construction and installation costs, equipment,
materials, project management fees, administrative costs, testing,
printing and advertising costs, legal fees, net interest on borrowings
and other financing costs, and other expenses related to the project or
its financing.  The Board of Selectmen is authorized to determine the
scope and particulars of the project and may reduce or modify the scope
of the project, and the entire appropriation may be spent on the project
as so reduced or modified.  
2.      That the Town may issue bonds or notes in an amount not to
exceed FOUR HUNDRED AND EIGHTY FIVE THOUSAND DOLLARS, $485,000 for the
project.  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.
3.      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 for the project.  The amount of the notes outstanding at
any time shall not exceed FOUR HUNDRED AND EIGHTY FIVE THOUSAND DOLLARS,
$485,000.  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.  
4.      That the First Selectman and the Treasurer of the Town shall
sign any bonds or 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.  The First Selectman and the Treasurer
are authorized to determine the amounts, dates, interest rates,
maturities, redemption provisions, form and other details of the bonds
or 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; to designate a financial advisor to the Town in connection with
the sale of the bonds or notes; to sell the bonds or notes at public or
private sale; to deliver the bonds or notes; and to perform all other
acts which are necessary or appropriate to issue the bonds or notes.
5.      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 First Selectman 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 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.
6.      That the First Selectman and the Treasurer are authorized to
make representations and enter into written agreements for the benefit
of holders of the bonds or 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.  
7.      That the First Selectman, or other proper officer and official
of the Town, on behalf of the Town, is authorized to enter into
contracts or agreements and take any other actions necessary or
desirable to accomplish the acquisitions contemplated by this
resolution.  

A motion was made by Selectman Mullane and seconded by Selectman Ricker
to send this item to a Town Meeting for approval, if approved by the
BOF, carrying.  3-0
New Business
1.       Appointment to Cable Television Advisory Board-No action
2.      Tax Refund-A motion was made by Selectman Murphy, seconded by
Selectman Ricker to approve a tax refund to Jean Lennon, for $19.50,
carrying.  3-0
3.      2009 Meeting Schedule-General discussion, no action
Public Comments and Questions
Thing to Review-STEAP Grant Candidates
Adjournment-9:50 PM