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

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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