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1/15/2009 Minutes
MEETING OF THE BOARD OF SELECTMEN
Thursday, January 15, 2009
6:30 p.m.
First Floor Conference Room
MINUTES

Present:  First Selectman Michael Pace, Selectman William Peace, Selectman Velma Thomas, Town Attorney Michael Cronin, members of the Press and concerned citizens

I.
CALL TO ORDER
First Selectman Michael Pace called the meeting to order at 6:30 P.M.
II.
PLEDGE OF ALLEGIANCE
First Selectman Michael Pace led those in attendance in reciting the Pledge of Allegiance.
III.
COMMENTS FROM THE PUBLIC
A question was raised as to where the Town of Old Saybrook stands regarding the CRRA refund as a result of the lawsuit.  First Selectman Michael Pace responded that the funds have been deposited in an account for the Town.  A question was then raised regarding an article in the New Haven Register that stated the Town of Old Saybrook had received an amount 221% above average per capita.  First Selectman Michael Pace responded that the distribution was based on tonnage.  The Attorneys and the Court made the decision on distribution of the funds.  Selectman William Peace noted that the Town of Clinton has a system where the residence must buy a dump pass or hire a company to haul their waste.
A question was raised as to where Finkelday, a waste removal company, would bring their load.  First Selectman Michael Pace responded that Finkelday would go directly to Essex Transfer Station, which is a CRRA facility.  He went on to note the waste in the town of Old Saybrook has been on the decline in the past few years due to the economy and efforts to recycle.  He also noted that with respect to tonnage, wet waste is naturally heavier.
IV.
COMMENTS FROM THE SELECTMEN
First Selectman Michael Pace announced a reminder that the Town Hall will be closed on Monday, January 19, 2009 in observance of Martin Luther King Jr. Day.  He also announced the Town of Old Saybrook will be represented at the Presidential Inauguration by Selectman Velma Thomas

Selectman William Peace noted Founders Park is near completion with an additional 11 trees having been planted, bringing the number of trees to 461.
PEACE/THOMAS
Motion to add to the agenda a request for a meeting with the Police Commission to discuss additional safety measures on Schoolhouse Road.
MOTION CARRIED UNANIMOUSLY

Selectman Velma Thomas stated the Design Committee would be meeting in a week or so to finalize colors.  Chuck Still, Director of the Katharine Hepburn Cultural Arts Center, Inc., has obtained paint samples.
First Selectman Michael Pace stated the electric company has been in New Hampshire and Massachusetts helping to restore power after a recent storm, but have now returned and the electricity and gas have been turned on at the theatre.
First Selectman Michael Pace stated that he will hold a press conference on Tuesday, January 20, 2009.  The new mill-rate will be 13.  At the time the evaluations were done, October 2007, by law has to be a 12-month look-back, and he also asked that a 5-6 month look-back was done and adjustments were made.  The State of Connecticut mandates evaluation to be done by a certain date, which was done.  He has asked that the State stop the 5-year assessment requirement in the past.

V.
APPROVAL OF MINUTES Board of Selectmen Meeting of December 18, 2008 and Special Meeting of January 8, 2009.
PEACE/PACE
Motion to accept the minutes of the Board of Selectmen Meeting of December 18, 2008 as presented.
MOTION PASSED.   SELECTMAN VELMA THOMAS ABSTAINED.
PEACE/THOMAS
Motion to accept the minutes of the Board of Selectmen Special Meeting of January 8, 2009 as presented.
MOTION CARRIED UNANIMOUSLY

VI.
BUSINESS BEFORE THE BOARD
A.      Tax Refunds
      1.  Prospect Connecticut Properties, LLC.                                   $9,166.82
First Selectman Michael Pace stated the Town is in possession of over-payment of funds by Connecticut Properties, LLC.
PEACE/THOMAS
Motion to refund over-payment to Connecticut Properties, LLC.
     MOTION CARRIES UNANIMOUSLY

A2.   Authorize First Selectman Michael Pace to send a letter to the Police Commission requesting a meeting to discuss intersection of Schoolhouse Road and adding a pedestrian light and crosswalk.
PEACE/THOMAS
Motion to authorize First Selectman Michael Pace to send a letter to the Police Commission requesting a meeting to discuss intersection of Schoolhouse Road and adding a pedestrian light and crosswalk.
     MOTION CARRIED UNANIMOUSLY

B.      Discussion of Operating Agreement for Katharine Hepburn Cultural Arts Center.
Town Attorney, Michael Cronin, stated a first draft began in the beginning of 2008.  Several parties have provided input and the document has been revised and reviewed by the Board of Trustees, Attorney David Royston and himself.  He is currently working with Attorney Gillespie, who is handling the file during Attorney Royston’s absence.  Several issues have arisen during the course of the year including, but not limited to the payment of utilities, which has been a town responsibility, but would now be a shared expense.
First Selectman Michael Pace clarified that this document is not a lease, but an agreement for the Board of Trustees to run the Theatre.  The Town is not in the Theatre business.  The Board of Trustees is a group of citizens whom have come forward to operate a cultural arts center.  The Agreement leaves the types and kinds of activities to be presented to the Board of Trustees.  Attorney Michael Cronin noted that another important change to the document is the length of time, which was originally 99 years, has now been change to 20 years to coincide with the length of the bonds.
First Selectman Michael Pace noted the town would be responsible for the everyday general utility usage and when a venue was present, the Board of Trustees would be responsible for the increased usage.  Two meters have been installed.  He also stated the town will retain the right to use the building and must provide notice to the Board of Trustees to check for scheduling conflicts.  First Selectman Michael Pace also noted Paragraph 1.9 deals with the Board of Trustees responsibility to follow all town laws and ordinances when events are scheduled.  The Board of Trustees has raised $1.6 million dollars for the interior finishing and operation of the theatre and the Town of Old Saybrook has $2.9 million dollars in bonds and $1.1 million dollar grant from the State for this project.  If the Board of Trustees had not come forward the Town would have been responsible for these expenditures.
Bob Welsh, member of the Board of Trustees, asked a question regarding the Saybrook Point Municipal Bonds and if they will be brought to market.  He went on to note that anyone in possession of these bonds stood to make money.  Attorney Michael Cronin responded that these bonds would indeed have to be brought to market.  Bob Welsh, member of the Board of Trustees, noted the board currently had 15 people with much diversified backgrounds and they are hoping to go up to 20-24 in number.  He wanted on the record that the Board of Trustees is totally separate from the Town of Old Saybrook, although he noted three of its members were appointed by the Town.  He is currently trying to find out how and why these three members were appointed and stated the Board of Trustees will maintain itself as a separate entity.
Selectman William Peace raised the point that the operation of the theatre, if the town was forced to run, would require the hiring of a director and clerk to operate, which could cost $100,000 to $200,000.  He asked about the value of the project to the Town.  Mr. Joe Santangelo stated the typical formula used, every $1 in ticket sales equals $3 to other area businesses.  Selectman William Peace also noted without the issuance of Tax Exempt Bonds there would be additional costs to the town would have been approximately $30,0000.
Selectman Velma Thomas noted that clarification was needed regarding cleaning and janitorial services.  General maintenance would remain the town’s responsibility and the Board of Trustees would be responsible for cleaning after an event.
Another Board member spoke regarding the investment is in the community involvement and not just an economic investment.
First Selectman Michael Pace discussed how the town voted in 1999 to move the town hall to its current location and change the old town hall back into a theatre.
A concerned citizen noted that in a recent article the expenditure was shown to be $5.6 million dollars, which translated to$0 .48 cents on the dollar, a great return for the town.  
Bob Welsh, member of the Board of Trustees, wished to publicly thank the citizens of the Town of Old Saybrook for voting for the bonds to make the project possible.
A concerned citizen raised the question of what would happen if the theatre failed.
Bob Welsh stated that if the Board of Trustees fails in operation of the Theatre, then the town would end up with a fully equipped theatre.
A question was raised as to whether any other groups were given the opportunity to look into operation of the theatre.
First Selectman Michael Pace responded that other groups were approached and the current Board of Trustees is made up of several individuals from different groups.  He also noted no matter the outcome, the Town ends up with a building in better condition than when the project was started.
Director, Chuck Still, stated the web site has received over 30,000 hits in 100 different countries, because of Katharine Hepburn's name.  There is great faith and commitment in the project and it cannot fail.  
Even in the tough economic times, the bottom line dollars and community involvement, the Town of Old Saybrook will be greatly enriched by the theatre.  It will provide opportunities for the children in town to be exposed to the arts.
A question was asked regarding volunteering.  The Director or any member of the Board of Trustees are looking for as much involvement as they can get.
A question was raised about when the first performance can be expected.
The Board of Trustees is hoping the Certificate of Occupancy will be issued in the early spring.  There will be a soft opening with movies and by the fall the Events Committee will have arranged a 3-6 day Gala Opening.  Also noted, on October 10, 2009, the theatre was one of the few given the opportunity to show the Metropolitan Opera live.
The only reason that can be seen for failure is if the citizens who do not want it to succeed make sure it fails.
Selectman Velma Thomas stated that while on vacation in Florida, she was wearing her Katharine Hepburn hat when a woman at a store she was in noticed it and commented that she had heard all about the project.
Attorney Michael Cronin stated they hope to have the final draft of the agreement within the next week or two.
First Selectman Michael Pace stated there are no secrets to this agreement, the need to have the legal wording correct is very important.  When the final draft is received it will be posted on the Town’s web site.  He also needs clarification from the Bond Council on other issues.
A question was raised as to whether the agreement would be presented at a Town Meeting.
First Selectman Michael Pace stated that there is no need for the agreement to go to a Town Meeting; it will be presented at a Board of Selectmen Meeting.
Bob Welsh, member of the Board of Trustees, noted that the Board is planning on having a public meeting to discuss concerns about the agreement.  Neither the Town nor the Board is attempting to hide the agreement.

C.      Appointments
            1.  Central Connecticut Region Visitors Council.  This is a three year term due  to expire 7/2012.
             PACE/PEACE
            Motion to appoint Victor Dellaripa to the Central Connecticut Region Visitors Council, this is a three-year term due to expire 7/2012.
             MOTION CARRIED UNANIMOUSLY

     D.  Enter into Executive Session to discuss pending litigation.

PEACE/THOMAS
Motion to enter into Executive Session at 8:35 p.m.~ Present, First Selectman Michael A. Pace, Selectman William Peace, Selectman Velma Thomas and Attorney Michael Cronin.
MOTION CARRIED UNANIMOUSLY

Return to open session.

PEACE/THOMAS
Motion to~follow advice of attorney(s) on various items.
MOTION CARRIED UNANIMOUSLY

VII.
COMMENTS FROM THE SELECTMEN
None taken at this time.

VIII.
QUESTIONS BY THE PRESS
None taken at this time.

IX.
ADJOURNMENT
PEACE/THOMAS
Motion to adjourn at 9:30 p.m.

Respectfully Submitted,


Tracy Masterson