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Windsor Town Council
Council Chambers – Town Hall
February
7, 2005
Approved Minutes
Mayor Trinks called the regular meeting to order at
7:53 p.m.
- Roll Call – Present: Mayor Trinks, Deputy Mayor
Curtis, Councilor Broxterman, Councilor Dean,
Councilor Jepsen, Councilor Mulligan, Councilor
Simon and Councilor Walker
Absent – Councilor Ellingwood
-
Prayer
– Councilor Simon
-
Pledge
of Allegiance – Councilor Simon
-
Proclamations/Awards
None.
- Public Communications and Petitions
Mr. George Yeramian, 739 Prospect Hill Road spoke
to the Council regarding the landfill. He commended
and thanked the Council for their decision not to
accept gypsum material at the Windsor – Bloomfield
Landfill.
Mr. Art Perry, political director for Service
Employees National Union, addressed the Council
regarding a problem and labor dispute in the Town of
Windsor. They represent service employees from
physicians to janitors. They have 200 service
employees in Windsor, in which seven are janitors.
About a year ago, they started the contract
negotiations requesting modest wage increases and paid
healthcare. The contract was settled before the
holidays. A modest wage increase, paid healthcare and
a pension plan were approved. Five days later, the
union employees were kicked out and non-union
employees were brought in at 575 Pigeon Hill Road with
the exception of Moore Printing Company. They need
help supporting higher standards of living for people
who require assistance. He requested that the Council
contact the building owner to encourage them to adopt
the provisions. Mr. Jose Restrupult spoke in support
of his fellow co-workers from Windsor. He also asked
the Council to support them.
Mr. Bradshaw Smith, 23 Ludlow Road, spoke regarding
the proposal to pave part of a parking lot that serves
the river trail to make it handicapped accessible. As
of this date, little if any of the river trails has
been plowed. It makes no sense to make the trail
accessible six months of the year, but inaccessible
for another six months of the year. The Town Manager
has indicated in writing that it is perfectly
acceptable. If we are going to do this, it needs to be
accessible year round.
- Report of Appointed Boards and Commissions
- Board of Education
Ms. Jane Garibay, Board of Education, gave a report
to the Council. The search for a High School Principal
is underway and they are hoping to attract strong
candidates for this position. They received a $20,000
grant from McDonald’s Charities for technology. The
Windsor High School basketball team remains
undefeated. At the next Board meeting, there will be a
report on how the higher standards for extracurricular
activities are going. The Superintendent is proposing
a $2.98 million budget increase.
Deputy Mayor Curtis asked about the tentative date
the BOE will vote on the budget. Ms. Garibay said it
would be voted on at the Board meeting next week.
Councilor Broxterman asked if there was a contact
person that residents could speak to regarding the
principal search. Ms. Garibay responded that residents
can contact Mr. Mark Winzler, Human Resource Director,
for input regarding the principal search.
Mayor Trinks inquired about the proposed cuts to
the budget. Ms. Garibay said that the proposed budget
has position cuts, most with realigned or tightening
of classes. The cleaning of the schools will be cut
along with some summer positions. They are cuts that
we are going to feel and the Superintendent assures
the Board that it does not hurt the integrity of the
schools. A social studies curriculum leader was added
as well as a liaison to personal development to help
with the achievement gap. Principals in the elementary
schools will work more with the vice-principals in
developing the curriculum. The maintenance was cut and
it is a concern of the Board. The plant manager has
assured the Board that for one year they could step
back and reduce maintenance during the summer months.
Mayor Trinks asked about the cutting of summer school
and asked for confirmation that summer school was
mandated. Ms. Garibay responded that the kids in most
need of summer school would not be effected. She
encouraged anyone with questions about the Education
budget to call the Superintendent’s office, the
Finance Director or the PTA/PTOs.
- Town Manager’s Report
On-Line Tax Information
Preparing your taxes doesn’t have to be stressful
- especially for Windsor residents, now that the town
has posted on-line tax information in an easy to use
format. Property and motor vehicle tax information is
at your fingertips at the Town of Windsor website. A
link to the on-line tax information is located on the
town’s homepage at www.townofwindsorct.com. Simply
enter your name or address find taxes paid this past
year.
Grand List Growth
The October 1, 2004 Net Taxable
Grand List totals $2,288,392,580, which is an
increase of $44,625,490 or (1.99%)
compared to last year’s total. At the present mill
rate of 28.83, this increase would produce $1,286,552
in new tax revenue.
Real Estate
The Real Estate portion of the
October 1, 2004 Grand List totals $1,815,715,570 which
is an increase of $26,299,970 or 1.47% over last year.
Motor Vehicle
The Motor Vehicle portion of the
October 1, 2004 Grand List totals $167,328,950 which
is an increase of $10,093,890 or 6.42 % over last
year. This year, according to information provided to
us by the Connecticut Department of Motor Vehicles,
there are 27,409 registered motor vehicles in Windsor,
up slightly from last year's 27,014.
Personal Property
The Personal Property section of
the October 1, 2004 Grand List totals $305,348,060
which is $8,231,630 or 2.77% greater than last year.
Home Improvement Series Offered for
Residents
The Town of Windsor is once again offering a series
of four free workshops focusing on home improvement.
The workshops will be held on Wednesday evenings
beginning March 9th from 7:00 PM to 8:30 PM
in the Activity Room 1 at the Windsor Community
Center, 330 Windsor Avenue. This is a unique
opportunity to learn about various aspects of home
improvement from experts in the field. Topics include
interior decorating, energy conservation, landscaping
and home repairs and maintenance.
Interested persons may attend one or more of the
sessions, depending on their personal interests.
Please contact the Office of Community Development at
285-1984 to register or further information.
Northwest Park at Night
In addition to the ongoing coffeehouses and maple
sugaring programs at Northwest Park, their annual
"Northwest Park at Night" community event
will be held this Saturday February 12th at
the park from 6:00 PM to 9:00 PM. The evening will
include a live birds of prey demonstration, indoor
planetarium shows, cross-country skiing and
snowshoeing along illuminated trails, (rental
equipment available) a bonfire and refreshments. The
Nature center, animal barn and gift shop will be open
for all visitors. To learn more, call 285-1886.
Winter Festival
Join in the family fun Friday, February 11th
from 6:00 PM to 9:00 PM at the Youth Service Bureau’s
Winter Festival held at the Community Center at 330
Windsor Avenue. Shake off the winter blues with games,
crafts, face painting, music, refreshments and
bounce-house amusements. This festival has something
for everyone. Admission is $2.00. For more information
call 298-9976.
Love is in the Air at Town Hall
Sustaining a 43 year tradition in Windsor, the Town
Clerk’s Office will celebrate Valentine’s Day with
the distribution of free marriage licenses. Those
wishing to receive a license may do so free of charge
next Monday February 14th. Applicants are
reminded to bring a photo i.d. For more information,
call 285-1902.
Conversation on Race 2005 Kick-off
Windsor's Conversations on Race will meet to
kick-off a third season on Wednesday, February 16,
2005 from 6:00 PM to 8:00 PM in the Council Chambers
of Town Hall. The Conversations on Race series is
committed to raising awareness of different cultures
and religions. This year's kick-off will feature a
forum on the "Role of Race in Education" featuring
parents, educators and students candidly discussing
their views and experiences.
Beginning in March for five consecutive session
evenings, there will be opportunities for the
residents to participate in smaller group discussions.
To register for any of these sessions, call Diane
McDougald at 285-1984.
Councilor Broxterman asked Mr. Brian Funk, Director
of Public Works, about pre-treating streets before a
storm hits. He asked if we are continuing to do that.
Mr. Funk said that we are doing it on a limited basis,
primarily on the Day Hill corridor. It is a salt
brine, which is sprayed on the street typically before
a storm, but can be used during a storm.
Councilor Simon asked Mr. Funk how many positions
are open and if any are frozen and how are these
vacancies affecting snow removal (i.e., costs of
overtime). Mr. Funk said that there are five
vacancies, some frozen, and some due to retirements.
The open positions haven’t affected the costs, but
it has affected the level of service in a timely
manner. Councilor Simon said that if we are running
out of funds for basic public services do not hesitate
to ask.
Councilor Simon requested information from Town
Manager Souza regarding an analysis of the potential
lost revenue and potential impact on the closure date
as well as any impact on the landform that the Council
supported and sent to the DEP for its review.
- Communication from Council Members
Councilor Broxterman – None.
Councilor Dean – None.
Councilor Jepsen – None.
Councilor Simon – received a phone call from a
citizen who could not attend the meeting. The citizen
felt the Council made the right direction in trying to
create a budget without a tax increase this year.
Councilor Simon provided a correction on a public
comment a citizen made this evening. He did not
advocate a pay freeze for town employees. He advocated
opening discussions with bargaining units.
Councilor Mulligan – None.
Councilor Walker – None.
Deputy Mayor Curtis – thanked residents who came
out for the public hearing on the budget. He commented
that there is no slush fund.
Mayor Trinks – commented that the Council got us
into this and we will get us out of it. He thanked Ms.
Garibay for answering a few issues regarding the
Education Budget.
- Reports of Standing Committees
-
Finance
Committee - At the previous meeting, they reviewed
the annual audit, a report from Town Treasurer
regarding the current budgets expenses, purchase
orders, an update on the mid-year budget, and senior
tax relief. They will meet again sometime next week.
He requested that any Council members bring ideas
forward before the budget.
-
Town
Improvements Committee – None.
-
Health
and Safety – None.
-
Special
Projects – None.
-
Joint
Board of Education and Town Council Committee –
None.
-
Personnel
Committee – None.
- Ordinances
None.
- Unfinished Business
None.
- New Business
Moved by Councilor Jepsen, seconded by Councilor
Broxterman to move Item 12. F. Presentation from
SummerWind to this point in the agenda.
Motion Passed 8-0-0
- Presentation from SummerWind
Mr. John Berky, Ms. Jane Goodale, and Ms. Michelle
Mattei gave a presentation to the Council.
Councilor Dean asked where is the status now with
the insurance company regarding the claim and what are
the estimated legal fees and the length of the
process. Mr. Berky said there is the replacement
canopy and extra insurance resolving the costs with
the canopy. The major issue is still to be resolved
and may have to go to court either in mediation or
litigation. The insurance company doesn’t want to
pay anything toward the new design, they would rather
just replace what was there. With a membrane structure
such as this and the original manufacture is not
around so they have to go back into the design phase
to redesign a membrane structure to fit over the
canopy. They have received some money, about $250,000,
and have used it to pay for some of the design. They
are looking to bring this to conclusion as soon as
possible. They will be approaching the creditors this
month.
Councilor Walker asked if they were aware that
Simsbury is in negotiation with Hartford Symphony. Mr.
Berky said they have Talcott Mountain now, but they
are requesting the Hartford Symphony to cover some of
the costs. They are a classical music symphony and we
would like to host them. The type of concerts that we
are doing, more jazz, Celtic roots, popular, family
oriented events are different.
Deputy Mayor Curtis thanked Mr. Berky and the
volunteers for their efforts. At the events he
attended, he met a lot of people from out of town and
out of state who had wonderful things to say about
Windsor. He realizes it was a tough decision to cancel
this season and he hopes that a decision regarding the
canopy will be made soon. Mr. Berky added that the
show must go on, but they have to be fiscally prudent.
Councilor Simon asked about the status of the loan
from Savings Bank of Manchester, which the Town
guaranteed at $250,000. Mr. Berky said that at this
point New Alliance Bank (formerly Savings Bank of
Manchester) has shelved the mortgage payments. They
have requested that the lines of credit be possibly
restructured during this period.
Councilor Mulligan expressed his hope that
SummerWind is able to overcome this obstacle and be up
and running soon.
Mayor Trinks asked what insurance company is
handling the claim. Mr. Berky answered that it is
Harleysville Worcester Insurance Company.
- Introduce proposed 2006-2011 CIP
Town Manager Souza discussed the proposed 2006-2011
CIP. The Capital Improvements Committee met to review
the proposed CIP and voted unanimously to accept the
document as presented and recommended no changes to
the draft FY 2006-2011 Capital Improvements Program.
The Town Planning and Zoning Commission will be
reviewing the proposed CIP.
Mayor Trinks referred the proposed 2006-2011 CIP to
the Town Improvements Committee for review and
subsequent recommendation to the Town Council. It is
desirous to have the CIP adopted in March or early in
the FY 2006 budget process.
- Discussion of Annual Property Revaluation Process
Mr. Steve Kosofsky, Town Assessor, discussed the
proposed Annual Revaluation 2005 and community
outreach efforts to educate the community regarding
annual revaluation. At this time, the anticipated
total cost of completing a revaluation effective
October 1, 2005 will be approximately $45,000,
excluding any additional litigation costs resulting
from such a revaluation. Funding for these services
are budgeted in the FY 05 operating budget.
Councilor Simon thanked Mr. Kosofsky for his
presentation and the outreach efforts. He looks
forward to the implementation.
Councilor Dean reiterated Councilor Simon’s
comments and said that it is a good plan with a lot of
communication, which is important and will be covered
well. This is new ground for Connecticut and Windsor,
but we have taken a step in changing the process. The
longer you wait, the bigger the increase will be and
it will not go away.
Deputy Mayor Curtis asked what the state’s
mandatory reval date would be. Mr. Kosofsky said that
it is 2008. Deputy Mayor Curtis asked about the
additional residential properties and its affect on
commercial. Mr. Kosofsky said that any growth to the
grand list is good and a good balance is beneficial.
Any type of development you have is going to have an
effect on the types of services the town will have to
provide.
Councilor Jepsen asked how this impacts the
physical inspection of properties. Mr. Kosofsky said
that the inspection statute (12 years) was not changed
when the revaluation cycle was changed to five years.
It is recommended that legislature fix the inspection
cycle. If the legislation gets passed, it will be more
flexible than what is on file right now. If physical
inspections were required, the report recommends that
the data can be derived from data values. It does not
include an interior inspection. Councilor Jepsen asked
if we set aside money for the four year valuation and
where it is. Mr. Kosofsky said that it was a sinking
fund and it will be used in this fiscal year to pay
our contractual obligations for performing a
revaluation.
Mayor Trinks asked if we can choose to forgo yearly
valuations in the future if we lose a major
manufacturer and it shifts to residential. Mr.
Kosofsky said that anything prior to 2008 is optional.
A decision to do the yearly revaluation would have to
be made mid-point, February, March or April at the
very latest.
- Approval to apply for a National Recreation Trails
Program Grant
Mr. Paul Norris, Director of Recreation &
Leisure Services, discussed the National Recreational
Trails Program grant. The Recreation Trails Program
funds may be used for construction, maintenance and
restoration, access to trails by persons with
disabilities, acquisition, purchase and leasing of
equipment and education. The Town is requesting
$26,000 in grant money to be used to pave
approximately one-third of the Palisado Avenue parking
lot for handicap parking, with direct paved access to
the Riverwalk. The town is required to provide a 20%
match for this grant ($5,200).
Moved by Councilor Jepsen, seconded by Councilor
Broxterman that the town Manager is authorized to
submit an application to the Connecticut Department of
Environmental Protection under the National Recreation
Trails Program for improvements to the Riverwalk
trailhead on Palisado Avenue.
Motion Passed 8-0-0
- Approval of Open Purchase Orders
Moved by Councilor Simon, seconded by Councilor
Mulligan to re-approve the prior year purchase orders
listed on the report "Purchase Orders by GL
Account", dated 02/01/05.
Motion Passed 8-0-0
- Introduce proposed amendments to Personnel Rules
concerning Disability Benefits
Ms. Amelia Bliss, Director of Human Resources,
discussed the proposed changes to the Personnel Rules.
The town has been researching and assessing the
feasibility of modifying the current short-term
disability plan and offering a long-term disability
plan for employees. The objective was to fill the gap
in coverage in cases where the employee has a
permanent disability or a disability that lasts more
than one year. The secondary objective is to allow
management flexibility in filling positions sooner
when it is known that the employee is permanently
disabled.
Mayor Trinks referred the proposed amendments to
Personnel Rules concerning Disability Benefits to the
Special Projects Committee.
- Set a Public Hearing for February 22, 2005 at 7:15
p.m. for reconstruction of Elm Street Bond Ordinance
Mayor Trinks apologized to Mr. Smith for the
improperly posted ordinance.
Resolved by Councilor Jepsen, seconded by Councilor
Broxterman that the reading into the minutes of the
text of the ordinance entitled, "AN ORDINANCE
APPROPRIATING $445,000 FOR RECONSTRUCTION OF ELM
STREET FROM ITS INTERSECTION WITH BROAD STREET TO ITS
INTERSECTION WITH PRESTON STREET AND RELATED AMENITIES
AND IMPROVEMENTS INCLUDING SIDEWALK AND CURBING
INSTALLATION AND DRAINAGE IMPROVEMENTS, AND
AUTHORIZING THE ISSUE OF $445,000 BONDS AND NOTES TO
FINANCE THE APPROPRIATION" is hereby waived, the
full text of the ordinances having been distributed to
each member of the Council and copies being made
available to those persons attending this meeting; and
that the full text of the ordinance be recorded with
the minutes of this meeting.
Motion Passed 8-0-0
Resolved by Councilor Jepsen, seconded by Councilor
Broxterman, that a Public Hearing be held at the
Windsor Town Hall on Tuesday, February 22, 2005 at
7:15 p.m. (prevailing time) on the following ordinance
entitled, "AN ORDINANCE APPROPRIATING $445,000
FOR RECONSTRUCTION OF ELM STREET FROM ITS INTERSECTION
WITH BROAD STREET TO ITS INTERSECTION WITH PRESTON
STREET AND RELATED AMENITIES AND IMPROVEMENTS
INCLUDING SIDEWALK AND CURBING INSTALLATION AND
DRAINAGE IMPROVEMENTS, AND AUTHORIZING THE ISSUE OF
$445,000 BONDS AND NOTES TO FINANCE THE
APPROPRIATION" and that the Town Clerk is
authorized and directed to post and publish notice of
said Public Hearing.
Motion Passed 8-0-0
Moved by Councilor Jepsen, seconded by Councilor
Dean to move item 12. H. Approve settlement for Wyman
versus the Town of Windsor following item 16. B.
Motion Passed 8-0-0
Moved by Councilor Jepsen, seconded by Councilor
Dean to move item 12. I. Authorize Town Manager to
negotiate and execute a lease with the Recovery Club
for the Sill House located at 118 Palisado Drive prior
to Item 17.
-
Approve
settlement for Wyman versus the Town of Windsor
-
Authorize
Town Manager to negotiate and execute a lease with
the Recovery Club for the Sill House located at 118
Palisado Drive
- Resignations and Appointments
Moved by Deputy Mayor Curtis, seconded by Councilor
Jepsen to:
Item A: Accept the resignation of Robert
Rispoli from the Inland Wetlands and Watercourses
Commission
Item B: Accept the resignation of George Bolduc
from the Board of Assessment Appeals.
Motion Passed 8-0-0
Moved by Deputy Mayor Curtis, seconded by Councilor
Jepsen to:
Item H: Appoint Randall Graff to the Economic
Development Commission for a five year term to expire
January 31, 2010 or until a successor is appointed.
Motion Passed 8-0-0
- Minutes of Preceding Meetings
- Minutes of the January 18, 2005 Public Hearing
(Elm Street reconstruction)
Moved by Councilor Broxterman, seconded by
Councilor Jepsen to accept the minutes of the January
18, 2005 Public Hearing (Elm Street reconstruction).
Corrections: None.
Motion Passed 8-0-0
- Minutes of the January 18, 2005 Regular Town
Council Meeting
Moved by Councilor Broxterman, seconded by
Councilor Jepsen to accept the minutes of the January
18, 2005 Regular Town Council Meeting. Corrections:
None.
Motion Passed 8-0-0
- Public Communications and Petitions
None.
Moved by Councilor Jepsen, seconded by Councilor
Broxterman to enter into Executive Session at 10:20
p.m. for the purpose of:
-
Strategy
and negotiations with respect to pending claims and
litigation (Wyman vs. Town of Windsor)
-
Discussion
of the selection of a site or a lease, sale or
purchase of real estate (Sill House)
Motion Passed 8-0-0
- Executive Session
Present: Mayor Trinks, Deputy Mayor Curtis,
Councilor Broxterman, Councilor Dean, Councilor Jepsen,
Councilor Mulligan, Councilor Simon and Councilor
Walker
Absent: Councilor Ellingwood
Staff: Peter Souza, Town Manager
Guests: Vincent Oswecki, Town Attorney; Marty
Maynard, Risk Manager; David Monstersky Outside
consultant ,
Attorney Howd & Ludorf, LLC.
Mr. Maynard, Mr. Monstersky and Town Attorney Oswecki
left Executive Session at 10:45 p.m.
Mr. Al Neumann, Facilities Manager, entered Executive
Session at 10:45 p.m.
Moved by Councilor Jepsen, seconded by Councilor
Broxterman to exit Executive Session and re-enter the
regular Town Council meeting at 11:05 p.m.
Motion Passed 8-0-0
Adjournment
Moved by Councilor Jepsen, seconded by Councilor
Broxterman to extend the regular Town Council meeting
to 11:10 p.m.
Motion Passed 8-0-0
Moved by Councilor Jepsen, seconded by Councilor
Dean that the town attorney is authorized to execute
the settlement in the case of Wyman versus the Town of
Windsor, as discussed during Executive Session.
Motion Passed 8-0-0
Moved by Councilor Broxterman, seconded by
Councilor Simon to adjourn the Regular Town Council
Meeting at 11:08 p.m.
Motion Passed 8-0-0
Respectfully submitted,
Kristin
Countryman
Clerk
of the Windsor Town Council
c:
Town Clerk
Main
Library
Wilson
Branch
AN
ORDINANCE APPROPRIATING $445,000 FOR RECONSTRUCTION OF
ELM STREET FROM ITS INTERSECTION WITH BROAD STREET TO
ITS INTERSECTION WITH PRESTON STREET AND RELATED
AMENITIES AND IMPROVEMENTS INCLUDING SIDEWALK AND
CURBING INSTALLATION AND DRAINAGE IMPROVEMENTS, AND
AUTHORIZING THE ISSUE OF $445,000 BONDS AND NOTES TO
FINANCE THE APPROPRIATION
BE IT
HEREBY ORDAINED,
Section
1. That the Town of Windsor appropriate FOUR HUNDRED
FORTY-FIVE THOUSAND DOLLARS ($445,000) for design,
construction and installation costs in connection with
the reconstruction of Elm Street from its intersection
with Broad Street to its intersection with Preston
Street providing a pavement width of approximately 28
feet, grades to direct storm water to new and existing
catch basins, installation of new sidewalks on both
sides of Elm Street and new curbing and other related
amenities and improvements. The appropriation may be
spent for design and construction costs, equipment,
materials, land or easement acquisition (in an amount
not to exceed $10,000), engineering and consultant fees,
administrative costs, printing, legal fees, net interest
on borrowings and other financing costs, and other
expenses related to the project. The Town Engineer is
authorized to determine the scope and particulars of the
project.
Section
2. That the Town issue bonds or notes in an amount not
to exceed FOUR HUNDRED FORTY-FIVE THOUSAND DOLLARS
($445,000) 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.
Section
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 FORTY-FIVE THOUSAND
DOLLARS ($445,000). 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 if the notes do
not mature within the time permitted by said Section
7-378.
Section
4. That the Town Manager and either the Treasurer or the
Director of Finance of the Town shall sign any bonds or
notes by their manual or facsimile signatures. The
Director of Finance shall keep a record of the bonds and
notes. The law firm of Day, Berry & Howard LLP is
designated as bond counsel to approve the legality of
the bonds or notes. The Town Manager and either the
Treasurer or the Director of Finance 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.
Section
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 (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 either the Treasurer
or the Director of Finance 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.
Section
6. That the Town Manager and either the Treasurer or the
Director of Finance are authorized to make
representations and enter into written agreements for
the benefit of holders of the bonds or note 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.
Section
7. That the Town Council, the Town Manager, the
Treasurer, the Director of Finance, the Town Engineer
and other proper officers of the Town are authorized to
take all other action which is necessary or desirable to
complete the project and to issue bonds, notes or other
obligations or to obtain grants to finance the aforesaid
appropriation.
Distributed to Town
Council 1/3/05
Public Hearing Advertised 2/11/05
Public Hearing 2/22/05
Adopted 2/22/05
Advertised 2/25/05
Effective Date 3/11/05
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