SPECIAL MEETING OF THE BOARD OF SELECTMEN
Monday, June 24, 2013
3:30 P.M.
First Floor Conference Room
MINUTES
Present: First Selectman Carl P. Fortuna Jr., Selectman Scott Giegerich, Selectman Steve Gernhardt,
Treasurer Robert Fish, Town Attorney Michael Cronin, Finance Director Lisa Carver, members
of the public and press.
- CALL TO ORDER – First Selectman Fortuna called the meeting to order at 3:30 P.m.
- APPROVAL OF MINUTES Board of Selectmen Special Meeting June 18, 2013.
FORTUNA/GIEGERICH
Motion to approve minutes of the Board of Selectmen Special Meeting June 18, 2013.
MOTION CARRIED UNANIMOUSLY
- BUSINESS BEFORE THE BOARD
- Discuss and act on Second Amendment to Agreement to Purchase Center Road West.
Attorney David Royston, representative for Max’s Place LLC gave a brief overview of status
of project at Center Road West. The 2005 agreement between Max’s Place and the Town
for the sale of the end and cul-de-sac of Center Road West states that a condition of the
sale is that all approvals must be in place before the transfer of the property occurs. The
funds for the sale are currently in escrow.
All state and local agency approvals have been obtained. The two issues remaining
are the bonding required by local and state agencies before permits are issued and actual
construction started have not been posted.
In the interest of expediting site control/clear title of the entire parcel, which is needed for
financing, Max’s Place is proposing to amend the agreement to state that the conditions of
sale have been satisfied upon signing of the amendment and Max’s Place agrees to post
those bonds within 60 days of the date of that amendment. The Town is protected as the
bonds will need to be posted prior to the Zoning Enforcement Officer signing off on the
issuance of building permits and Max’s Place will provide the Town with a copy of the 25
year leasehold agreement to show fulfillment of the grocery store site condition. Both
Attorney Royston and Town Attorney Cronin agreed that this was a timing issue that
needed to be resolved before the project can move forward and it does not supersede
the zoning or any other regulatory requirements.
FORTUNA/GIEGERICH
Motion to adopt the Second Amendment to the Agreement between Max’s Place LLC
and the Town of Old Saybrook regarding the transfer of town property at Center Road
West to Max’s Place LLC.
MOTION CARRIED UNANIMOUSLY
- Item B is withdrawn as this was part of the discussion and action in Item A.
- Item C is withdrawn as this was part of the discussion and action in Item A.
- Discuss and act on resolution authorizing First Selectman Fortuna to enter in to a
- construction contract with Downes Construction Company relative to a police facility
- at 36 Lynde Street.
First Selectman Fortuna stated that this is a formality suggested by Atty. Arnold Shimelman
of Shipman and Goodwin who is advising the Town in the negotiations with Downes on
language for the American Institute of Architects (AIA) standard contract for design build
services for the new police station. He also reported that negotiations are going well and
there are no significant disagreements at this point. This resolution will allow negotiations
to continue.
GERNHARDT/GIEGERICH
Motion to approve a resolution authorizing First Selectman Fortuna to continue enter in to
a construction contract with Downes Construction Company relative to a police facility at
36 Lynde Street.
MOTION CARRIED UNANIMOUSLY
1. Zoning Commission Alternate Vacancy for the unexpired portion of a two-year term due to
expire 11/2013.
Selectman Fortuna stated that the Zoning Commission currently has two Republican
alternates. The Democratic Town Committee has recommended local resident and
attorney J. Colin Heffernan as a third, Democratic alternate. Selectman Fortuna feels he
will be a fine addition to the Board. This position will be up for election in Nov. 2013.
FORTUNA/GERNHARDT
Motion to appoint J. Colin Heffernan to the Zoning Commission Alternate vacancy for
the unexpired portion of a two-year term due to expire in 11/2013.
MOTION CARRIED UNANIMOUSLY
- COMMENTS FROM THE SELECTMEN: None
- ADJOURNMENT
FORTUNA/GIEGERICH
Motion to adjourn at 4:21 p.m.
MOTION CARRIED UNANIMOUSLY
Respectfully submitted,
Lisa Carver
Finance Director
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