NOTICE OF SPECIAL TOWN
MEETING
TOWN OF SIMSBURY
October 17, 2006 - REFERENDUM November 7, 2006
A
special town meeting of the electors and citizens qualified to vote in
town meetings of the Town of Simsbury, Connecticut, will be held at
Simsbury High School Auditorium, 34 Farms Village Road in the Town of
Simsbury, Connecticut, on Tuesday, October 17, 2006 at 7:00 P.M.
The Special Town Meeting will be held to consider the following
resolution under item 1, and to consider and act on the following
resolution under item 2:
1. Ethel
Walker Property Purchase
RESOLVED,
(a) That
the Town of Simsbury appropriate SEVEN MILLION DOLLARS ($7,000,000) for
the acquisition, by itself or with other parties, of development
rights, conservation easements or fee simple ownership of two parcels
of land comprising approximately 360 acres west of Bushy Hill Road
owned by the Ethel Walker School, except for an area reserved for the
equestrian center, and for the acquisition of three additional parcels
of land now owned by the Ethel Walker School at 42 Longview Drive, 186
Stratton Brook Road and on the south side of Stratton Brook Road, for
the preservation of open space and other municipal purposes. The
appropriation may be spent for land and easement acquisition,
engineering fees, legal fees, net interest on borrowings and other
financing costs, and other expenses related to the project or its
financing.
(b) That the Town finance the
appropriation for the project by
use of $2,000,000 of fund balances in the Town’s General Fund and by
the issue of bonds or notes in an amount not to exceed FIVE MILLION
DOLLARS ($5,000,000). The amount of bonds or notes
authorized
to be issued shall be reduced by the amount of grants received by the
Town 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.
(c) 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 or the receipt of grants for the
project. The amount of the notes outstanding at any time shall
not
exceed FIVE MILLION DOLLARS ($5,000,000). 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.
(d) 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, Berry & Howard LLP is designated as bond counsel
to approve the legality of the bonds or notes. The First
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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.
(e) 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 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.
(f) 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.
(g) That the Board of Selectmen, or a
majority of them, is
authorized to determine the details and scope of the project and to
approve contracts for the project, or to delegate any or all of such
powers to the First Selectman.
(h) That
the First Selectmen is authorized to apply for and accept federal and
state grants to help finance the appropriation for the project.
Any
grant proceeds may be used to pay project costs or principal and
interest on bonds, notes, or temporary notes.
(i) That the Board of Selectmen, the
Treasurer 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 to finance the aforesaid appropriation.
Ethel Walker Option
RESOLVED,
(a) That
the Town of Simsbury appropriate ONE MILLION DOLLARS ($1,000,000) for
the acquisition, by itself or with other parties, of (a) development
rights for a period of at least five (5) years of an approximately 45
acre parcel of land west of Bushy Hill Road owned by the Ethel Walker
School, consisting of the area to the southeast of the westernmost
parcel referred to in the prior resolution, (b) the option to acquire
during or at the end of such five year period for an additional sum not
to exceed $2,000,000, by itself or with other parties, development
rights, conservation easements, or fee simple
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ownership
of such land, for the preservation of open space and other municipal
purposes, (c) development rights for a period of at least seven (7)
years of an approximately 45 acre parcel of land west of Bushy Hill
Road owned by the Ethel Walker School, consisting of the remaining area
between the two parcels referred to in the prior resolution, and (d)
the option to acquire during or at the end of such five year or seven
year periods for an additional sum not to exceed $1,100,000, by itself
or with other parties, development rights, conservation easements, or
fee simple ownership of such land, for the preservation of open space
and other municipal purposes. The appropriation may be spent for land
and easement acquisition, engineering fees, legal fees, and other
expenses related to the project.
(b) That
the Town of Simsbury finance the appropriation by use of $1,000,000 of
fund balances in the Town’s General Fund.
(c) That the Board of Selectmen, or a
majority of them, is
authorized to determine the details and scope of the project and to
approve contracts for the project, or to delegate any or all of such
powers to the First Selectman.
(d) That
the First Selectmen is authorized to apply for and accept federal and
state grants to help finance the appropriation for the project.
(e) That the Board of Selectmen, the
Treasurer and other proper
officers of the Town are authorized to take all other action which is
necessary or desirable to complete the project.
3. Pursuant
to Section 506 of the Town Charter, to adjourn said town meeting at its
conclusion and to submit the resolution presented under item 1 to vote
upon voting machines between the hours of 6:00 A.M. and 8:00 P.M. on
Tuesday, November 7, 2006, under the following heading:
“SHALL
THE TOWN OF SIMSBURY APPROPRIATE $7,000,000 FOR THE ACQUISITION OF
INTERESTS IN CERTAIN LAND OF ETHEL WALKER SCHOOL AND FINANCE SAID
APPROPRIATION WITH $2,000,000 FROM THE TOWN’S GENERAL FUND AND
$5,000,000 FROM THE ISSUE OF BONDS AND NOTES?”
Voters
approving said resolution will vote “Yes” and those opposing said
resolution will vote “No”. Electors will vote at the following
polling
places:
| Voting District |
|
Location of Polling Place |
|
Address |
| 1 |
|
Eno Memorial Hall |
|
754 Hopmeadow Street |
| 2 |
|
Latimer Lane School |
|
33 Mountain View Road |
| 3 |
|
Tootin’ Hills School |
|
25 Nimrod Road |
| 4 |
|
Tariffville Grammar School |
|
42 Winthrop Street |
Persons qualified to vote in town meetings who are not electors will
vote at:
Town Office Building, 933 Hopmeadow Street
-3-
Absentee ballots will be available from the Town Clerk’s office.
Dated at Simsbury, Connecticut, this 5th day of September, 2006.
BOARD OF SELECTMEN
Thomas E. Vincent
John K. Hampton
David R. Ryan
|
|
Joel Mandell
Moira Kunkel Wertheimer
John Romano
Town Clerk |