The Board of Selectmen held a regular meeting at 7:30 P.M. on Monday, December 18, 2006 at memorial Town Hall Auditorium. First Selectman Timothy Griswold, Selectman Skip Sibley and Selectwoman Bonnie Reemsnyder were present.
Approval of Minutes: December 4, 2006
Selectwoman Reemsnyder made a motion to approve the minutes of December 4, 2006.
Selectman Sibley seconded the motion. SO VOTED.
Communications:
Old Lyme Volunteer Ambulance Assoc – Thanks to Police
First Selectman Griswold received a letter from Jeremy Burlingham of the Old Lyme Ambulance Association in which he expressed appreciation for the cooperation between the ambulance and the police departments at a recent accident scene in Old Lyme. He thanked officers Dominick Salari, Sal Malardo, Ed Vasko and Trooper Matt Ward who assisted with patient care and expedited the patient to a hospital transport helicopter.
Appointments:
None
Old Business:
Town Hall Expansion Committee – Update & Resolution to Appropriate Funds and Authorization to Issue Bonds and Notes to Fund the Appropriation for the Town Hall Expansion Project.
John Forbis reported on the latest estimates of the construction costs for the Old Lyme Town Hall expansion. This second cost estimate is based on a better understanding of the project details and on decisions of the engineer’s recommendations such as a new heating, ventilating and air conditioning system as well as new windows. Also, the addition of a gabled roof on the back of the building to match the gabled roof on the front of the building will allow space for air conditioning units and solar panels. Mr. Forbis added that it is time to upgrade the emergency generator. The Town Hall Expansion Project trade costs are estimated to be $3.3 million dollars, the markup cost is about $600,000, design $200,000 and escalation is about $300,000 equaling $4.4 million dollars.
First Selectman Griswold added that, in order to present the information to a Town Meeting on January 22 and a referendum on January 30, the Board will vote on the proposed resolution tonight. Selectman Sibley made a motion to read a summary of Agenda Item No. 1 which is the subject of the proposed resolution, to waive the reading of the entire resolution and to attach its full text to the minutes of this meeting. Selectwoman Reemsnyder seconded the motion. SO VOTED.
First Selectman Griswold read the summary of the item that is the subject of the proposed resolution. It is an appropriation of $4.4 million dollars for the purpose of paying the costs related to the expansion of the Town Hall building, including, without limitation, the costs of (i) the design and construction of the Town Hall expansion project and on site
and off site improvements and appurtenances related thereto, (ii) the purchase and installation of equipment, fixtures, furnishings and other materials for the foregoing Town Hall expansion project, (iii) the preparation and printing of bid documents, cost estimate reports and studies, informational materials and other preliminary materials, studies and reports related to the Town Hall expansion project, and (iv) design, demolition, construction, materials, site work, land and easement acquisition, engineering, architectural, legal, administration, temporary and permanent financing and any other costs and expenses related thereto, and the financing of said appropriation by the issuance of general obligation bonds and notes of the Town. Selectman Sibley made a motion to consider and adopt the proposed resolution relating
to Item No. 1. Selectwoman Reemsnyder seconded the motion. Ayes – 3 Nays – 0. SO VOTED.
Ethics Formation Committee – Information Meeting Recap
The Ethics Formation Committee held an informational meeting on the draft of the Code of Ethics Ordinance that was presented to the public at Center School. The Ethics Committee will discuss the comments made that night and any modifications will be incorporated into the Code of Ethics. The Board of Selectmen will receive the final draft and will recommend it to a Town Meeting as a Code/Ordinance.
Town Woods Phase II – Update
At the last meeting of the Town Woods Committee, there was discussion about the Little League request for an outfield fence. It was agreed by all to have a portable outfield fence at a cost of approx. $6,500. It is believed that the Inland/Wetlands Commission will be able to render a final approval for Phase II. It was recommended there be an informational meeting in each town probably within the first two weeks of February and that the vote occur in early March. The Committee received a new cost estimate from Volmer Associates, the project engineer. The original cost estimate was $656,000 and the current cost estimate is $753,000.
Information Technology Committee – Update on Financial Syst. Bids
The Information Technology Committee decided to request a demo disc from the companies of interest so the Committee can have a hands use of the program to see if it will be appropriate for the town hall. The Committee will also contact the interested companies to clarify some of the costs. The next meeting will be January 11 at 2:00 P.M. The Committee is putting the last of the disclaimers on the website so the GIS system will soon be operating.
Affordable Housing Ordinance – Update
Atty. Marylin Clarke is working on the Affordable Housing Ordinance and it will be considered at the next Board of Selectmen meeting. There was an endorsement from the Planning Commission. Selectwoman Reemsnyder stated that Zoning had some issues with the ordinance.
Board, Commission & Committee Appointment Cycle
The information on the Board, Commission and Committee appointments will be available at the second Board of Selectmen meeting in January.
Ambro Amendment – Resolution to Repeal
The Ambro Amendment is Congressional legislation concerning permitted dumping in Long Island Sound in accordance with the Ocean Dumping Act. It is believed that if these standards are applied to this body of water, the various dredging sites will have to be closed and dredging materials will have to be taken out to the ocean. The Clean Water Act that governs Long Island Sound does not govern the Atlantic Ocean and therefore there will be a burden on the commercial, recreational and fishing industries. The Lower Connecticut Valley Selectmen’s Association urges Senators and Representative to support the repeal of the Ambro Amendment. First Selectman Griswold read the LCVSA resolution concerning the repeal of the Ambro Amendment. Selectman Sibley made a motion to discuss the resolution as
proposed. Selectwoman Reemsnyder seconded the motion. A vote was taken. Ayes –3 Nays – 0 SO VOTED.
New Business:
Board of Selectmen Meeting Schedule
First Selectman Griswold handed out the meeting schedule for the Board of Selectmen for 2007. Mr. Griswold said to make note that the first meeting in January will be on the 8th at 4:00 P.M. Selectwoman Reemsnyder made a motion to accept the Board of Selectmen meeting schedule for 2007. Selectman Sibley seconded the motion. SO VOTED.
Selectwoman Reemsnyder made a motion to add the holiday schedule to the agenda under New Business. Selectman Sibley seconded the motion. SO VOTED.
First Selectman Griswold stated that the holiday schedule is from the State of Connecticut and it provides the twelve holidays and the holiday for New Year’s Eve for next year. Selectwoman Reemsnyder made a motion to accept the holiday schedule for 2007. Selectman Sibley seconded the motion. SO VOTED.
Commercial Timber Cutting Ordinance – Postpone Action
The Commercial Timber Cutting Ordinance will be discussed at another meeting.
Public Comment:
None
Other Business:
None
Executive Session:
None
Adjournment:
Selectman Sibley made a motion to adjourn the meeting at 8:56 P.M. Selectwoman Reemsnyder seconded the motion. SO VOTED.
Respectfully submitted,
Eileen Coffee, Clerk
TOWN OF OLD LYME
BOARD OF SELECTMEN
RESOLUTION
RESOLVED, that the Board of Selectmen (the “Board”) of the Town of Old Lyme (the “Town”) hereby adopts, and recommends to the Board of Finance and to the electors and citizens eligible to vote at town meetings of the Town, the following:
(1) That the Town appropriate the sum of $4,400,000 for costs related to the expansion of the Town Hall building, including, without limitation, the costs of (i) the design and construction of the Town Hall expansion project and on site and off site improvements and appurtenances related thereto, (ii) the purchase and installation of equipment, fixtures, furnishings and other materials for the foregoing Town Hall expansion project, (iii) the preparation and printing of bid documents, cost estimate reports and studies, informational materials and other preliminary materials, studies and reports related to the Town Hall expansion project, and (iv) design, demolition, construction, materials, site work, land and easement acquisition, engineering,
architectural, legal, administration, temporary and permanent financing and any other costs and expenses related thereto, all of the above with such changes as the Board may approve (the “Project”). The Board shall determine the scope and particulars of the Project. The Board may reduce or modify the scope of the Project if funds are insufficient to complete all components of the Project, and the entire appropriation authorized hereby may be spent on the Project as so reduced or modified.
(2) That to meet said appropriation and in lieu of a tax therefor, general obligation bonds of the Town, and notes issued in anticipation thereof, be issued pursuant to the Connecticut General Statutes, as amended, or any other applicable provision of law thereto enabling, in an amount not to exceed $4,400,000 (or such amount as may be necessary after the deduction of grants therefor).
(3) That the First Selectman, or a majority of the Board, and the Treasurer (the “Officials”) be authorized to issue and sell bonds and temporary notes secured by the full faith and credit of the Town in an amount not to exceed $4,400,000, pursuant to the Connecticut General Statutes, as amended, or any other applicable provision of law thereto enabling, to finance the appropriation for such project having been made by this resolution; that the Officials are hereby authorized to appoint a bank or trust company to be the certifying agent, registrar, transfer agent and paying agent for such notes; that Updike, Kelly & Spellacy, P.C., Hartford, Connecticut is designated as the attorneys at law to render an opinion approving the
legality of such issue or issues; that the Officials be authorized to sign any bonds or notes by their manual or facsimile signatures; and that the Officials be authorized to determine the rate or rates of interest for such notes and bonds, their date or dates, the dates of principal and interest payments on such notes and bonds, the form of such notes and bonds, the provisions for protecting and enforcing the rights and remedies of the holders of such notes and bonds and all other terms, conditions and particular matters regarding the issuance and securing of such notes and bonds and to sell and deliver the same, in accordance with the provisions of the Connecticut General Statues and any other act of the General Assembly thereto enabling.
(4) That the Officials are authorized 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. If the bonds or notes authorized by this resolution are issued on a tax-exempt basis, the Officials are authorized 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, including covenants to pay rebates of investment earnings to the United States in future years.
(5) That the Town reasonably expects to incur expenditures (the “Expenditures”) in connection with the Project described above. The Town reasonably expects to reimburse itself for the cost of the Expenditures with the proceeds of general obligation bonds and notes of the Town described above. The maximum principal amount of such debt (both bonds and notes) is not expected to exceed $4,400,000. This declaration of official intent is a declaration of official intent made pursuant to Federal Income Tax Regulation Section 1.150-2. The Officials are authorized to amend such declaration or 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 Officials 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 of rules pertaining to the sale or purchase of such bonds or notes.
(7) That the Officials are authorized to take all other actions which are necessary or desirable to complete the Project consistent with the foregoing.
FURTHER RESOLVED, that, should the Board of Finance approve the foregoing resolution for the appropriation of funds for the Project and the issuance of bonds to finance such appropriation as recommended above, the Board of Selectmen hereby submits said proposed Project to the electors and citizens eligible to vote at town meetings of the Town for their approval or disapproval, at the Annual Town Business Meeting to be held on Monday, January 22, 2007 in the Middle School auditorium of Regional District #18, Lyme Street, Old Lyme, Connecticut at 7:30 p.m., the notice of such meeting to be published as required by the Connecticut General Statutes and the ordinances of the Town.
FURTHER RESOLVED, that the Board hereby authorizes the preparation and printing of explanatory text in accordance with Section 9-369b of the Connecticut General Statutes for the question to be voted upon approved hereby. Subject to the approval of the Town Attorney, the Board further authorizes the preparation and printing of materials concerning the question to be voted upon approved hereby in addition to the explanatory text in accordance with Section 9-369b of the Connecticut General Statutes.
FURTHER RESOLVED, that the Board, pursuant to Section 7-7 of the Connecticut General Statutes, as amended, hereby removes the aforesaid resolution on the call of the Annual Town Business Meeting for submission to the voters for vote by voting machine by the voters entitled to vote at the Annual Town Business Meeting on Tuesday, January 30, 2007 during the hours from six o’clock a.m. to eight o’clock p.m. at the Cross Lane Firehouse, Cross Lane, Old Lyme, Connecticut. The aforesaid resolution will be placed on the voting machines under the following heading:
SHALL THE TOWN OF OLD LYME APPROPRIATE $4,400,000 FOR THE DESIGN, CONSTRUCTION AND EQUIPPING OF THE TOWN HALL EXPANSION PROJECT AND AUTHORIZE THE ISSUANCE OF BONDS AND NOTES OF THE TOWN IN THE SAME AMOUNT TO FINANCE SUCH APPROPRIATION?
The moderator of such Annual Town Business Meeting shall adjourn such meeting after reasonable discussion of such resolution and conclusion of other business as may properly come before the Annual Town Business Meeting and order such vote by voting machine in accordance with this resolution and Section 7-7 of the Connecticut Statutes.
At a meeting of the Board of Selectmen held on December 18, 2006, on a Motion duly made by Board Member Arthur E. Sibley, Jr. and seconded by Board Member bonnie A. Reemsnyder, the foregoing Resolution was adopted by the following roll call vote:
In Favor: Timothy C. Griswold, Arthur E. Sibley, Jr. and Bonnie A. Reemsnyder
Opposed: None
I, Eileen Coffee, duly appointed and qualified Clerk of the Board of Selectmen of the Town of Old Lyme, hereby certify that the foregoing is a true copy of the Resolution adopted at the meeting of the Board of Selectmen held on December 18, 2006 authorizing an appropriation of $4,400,000 for the town hall expansion project and, to finance such appropriation, authorizing the issuance of bonds and notes in an aggregate principal amount not to exceed $4,400,000; that said Board consists of three members; a quorum consists of two members; two members were present at said meeting; a roll call vote was taken and three members voted in favor of said Resolution, zero members voted against the adoption of said Resolution, and zero members abstained from voting on said Resolution.
Dated at Old Lyme, Connecticut, this 18th day of December, 2006.
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Eileen Coffee
Clerk
Board of Selectmen
Old Lyme, Connecticut
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