OSWPCA: Sunshine / Wastewater Management District Resolutions and Referendum Questions, 17Jul2009

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http://www.oldsaybrookct.org/Pages/OldSaybrookCT_WPCANews/025F0446-000F8513

538012v4    7/17/09, 6:06:54PM    ('538012v4' and date/time stamp from the Town's file.)


         Old Saybrook letterhead (with shield logo)
  Old Saybrook Town Hall 302 Main Street, Old Saybrook, CT 06475
     Phone: (860) 395-3123  Hours: Mon - Fri 8:30AM - 4:30 PM


Wastewater Management District Resolutions and Referendum Questions


                      TOWN OF OLD SAYBROOK
                       BOARD OF SELECTMEN

            RESOLUTION RECOMMENDING AN APPROPRIATION
OF $42,171,200 FOR THE DESIGN AND CONSTRUCTION OF DECENTRALIZED
    WASTEWATER MANAGEMENT SYSTEMS WITHIN THE DECENTRALIZED
 WASTEWATER MANAGEMENT DISTRICT AND A BOND AUTHORIZATION IN
AN AMOUNT NOT TO EXCEED $42,171,200 TO FINANCE SAID APPROPRIATION,
   AND RECOMMEND1NG THAT THE TOWN PROVIDE ONGOING FUNDING OF
               ADMINISTRATIVE COSTS FOR THE SYSTEMS


     RESOLVED, that the Board of Selectmen recommends that the 
Town of Old Saybrook aappropriate $42,171,200 for the design and 
construction of decentralized wastewater management systems within 
the Decentralized Wastewater Management District to be established 
pursuant to a Town ordinance. The appropriation may be expended for 
construction related costs, including research, design and 
construction, design review and construction administration, 
program related costs, including program development and 
management, advanced treatment selection processes, and remote 
monitoring; and financing cost, including legal and administrative 
fees, interest expense on temporary borrowings, and other costs 
related to financing the project, in the the amounts as follows:

          Construction Related Costs          $39,896,200

          Program Related Costs                   275,000
 
          Financing and Bond Issuance Cost     $2,000,000
                                             ------------
          TOTAL                               $42,171,200


     The appropriation shall include any federal. state or other 
grants-in-aid received for the project. The Board of Selectmen may 
reduce or modify the scope of the project, and the entire 
appropriation may he expended on the project as so reduced or 
modified. The amount authorized to he expended for each purpose 
shall not exceed the amount set forth opposite each purpose, 
provided that the Board of Selectmen, upon the recommendation of 
the Water Pollution Control Authority and with Board of Finance 
approval, may, by resolution, transfer unexpended funds among 
purposes, so long as the total appropriation is not increased.

     FURTHER RESOLVED, that the Board of Selectmen recommends that 
the Town of Old Saybrook finance the appropriation by (i) issuing 
its bonds, notes,or other obligations in an amount not to exceed 
S42,171,200, which bonds, notes or other obligations may be secured 
in whole or in part by revenues from property owners, by the full 
faith and credit of the Town, or both, (ii) using Town funds or in- 
kind service; for the project, and (iii) using any federal, state 
or other grants-in-aid or other funds received for the project.


     FURTHER RESOLVED, that the Board of Selectmen recommends that 
the Town of Old Saybrook provide ongoing funding of administrative 
costs for the decentralized wastewater management systems within 
the Decentralized Wastewater Management District at funding levels 
acceptable to the Town and the State.




TOWN OF OLD SAYBROOK BOARD OF SELECTMEN RESOLUTION TO CALL SPECIAL TOWN MEETING AND REFERENDUM VOTE WHEREAS, the Board of Selectmen has approved an ordinance to establish the Decentralized Wastewater Management District (the "District"); and WHEREAS, the Board of Selectmen has recommended that the Town of Old Saybrook appropriate $42,171,200 for the design and construction of decentralized wastewater management systems within the District and issue the Town's bonds, notes or other obligations in an amount not to exceed $42,171,200, and that the Town provide ongoing funding of administrative costs for the systems (the "Project"), and WHEREAS, the Board of Finance has recommended this appropriation and bond authorization and ongoing funding. BE IT RESOLVED, that the ordinance entitled "Decentralized Wastewater Management District" (the "Ordinance"), as approved by the Board of Selectmen, shall be submitted to a Special Town Meeting to be held on Wednesday, July 29, 2009 in accordance with the attached Warning of Special Town Meeting. BE IT FURTHER RESOLVED, that the attached detailed appropriation and bonding resolution for the Project (the "Resolution") is hereby approved and shall be submitted to a Special Town Meeting to be held on Wednesday, July 29, 2009 in accordance with the attached Warning of Special Town Meeting. FURTHER RESOLVED, that pursuant to Connecticut General Statutes Section 7-7, as amended, the Board of Selectmen hereby submits the Ordinance and the Resolution to a vote upon the voting machines or the ballot on Tuesday, August 11, 2009 between the hours of 6:00 A.M. and 8:00 P.M. FURTHER RESOLVED, that said Ordinance and the Resolution shall be placed upon the voting machines or the ballot under the following headings: QUESTION 1. SHALL THE TOWN OF OLD SAYBROOK APPROVE THE DECENTRALIZED WASTEWATER MANAGEMENT DISTRICT ORDINANCE? QUESTION 2. SHALL THE TOWN OF OLD SAYBROOK APPROPRIATE $42,171,200 FOR THE DESIGN AND CONSTRUCTIQN OF DECENTRALIZED WASTEWATER MANAGEMENT SYSTEMS WITHIN THE DECENTRALIZED WASTE WATER MANAGEMENT DISTRICT AND ISSUE THE TOWN'S BONDS, NOTES OR OTHER OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $42,171,200 TO FINANCE SAID APPROPRIATION, AND PROVIDE ONGOING FUNDING OF ADMINISTRATIVE COSTS FOR THE SYSTEMS? Voters approving said Ordinance will vote "Yes" and those opposing said Ordinance will vote "No", Voters approving said Resolution will vote "Yes" and those opposing said Resolution will vote "No". Voting will be in the Old Savbrook High School Gymnasium, 1111 Boston Post Road, Old Savhrook, Connecticut. Persons qualified to vote in town meetings of the Town of Old Savbrook who are not electors shall vote in the Old Saybrook High School Gymnasium, 1111 Boston Post Road, Old Saybrook, Connecticut. Absentee ballots will be available from the Town Clerk's Office. FURTHER RESOLVED, that, in their discretion, the Town Clerk is authorized to prepare a concise explanatory text regarding said Resolution, and the First Selectman is authorized to prepare additional explanatory materials regarding said Resolution, such text and explanatory materials to he subject to the approval of the Town Attorney and to be prepared and distributed in accordance with Section 9-369b of the Connecticut General Statutes.
TOWN OF OLD SAYBROOK WARNING OF SPECIAL TOWN MEETING WEDNESDAY, JULY 29, 2009 AND REFERENDUM VOTE TUESDAY, AUGUST 11, 2009 The electors and those persons eligible to vote in town meetings of the Town of Old Saybrook, Connecticut, are hereby warned and notified that a Special Town Meeting will he held in the Old Saybrook High School Auditorium located at 1111 Boston Post Road, Old Savbrook, Connecticut, on Wednesday, July 29, 2009 at 7:30 P.M. for the following purpose: ITEM 1. - To discuss the Decentralized Wastewater Management District ordinance (the "Ordinance") ITEM 2. - To discuss a Resolutiom (a) To appropriate $42,171,200 for the design and construction of decentralized wastewater management systems within the Decentralized Wastewater Management District; (b) To finance said appropriation by (i) issuing the Town's bonds, notes or other obligations in an amount not to exceed $42,171,200, which bonds, notes or other obligations may be secured, in whole or in part, by revenues from property owners or by the full faith and credit of the Town, or both, (ii) using Town funds or in- kind services for the project, and (iii) using any federal, state or other grants-in-aid or other funds received for the project; (c) To authorize the Board of Selectmen and Treasurer to determine the terms, conditions, and other details of the bonds, notes or other obligations, and to authorize the First Selectman and Treasurer to make such determinations for temporary notes; (d) To declare the Town's official intent under applicable Internal Revenue Service Regulations that project costs may be paid from temporary advances of available funds that the Town reasonably expects will be reimbursed from the proceeds of borrowings; and to authorize the First Selectman and Treasurer to bind the Towm as they deem necessary or advisable to issue the bonds, notes or temporamy notes on a tax-exempt basis and to provide secondary market disclosure information related to such issuance, including bonds, notes or temporary notes issued by the State under the Clean Water Fund Program; (e) To authorize the bonds, notes, temporary notes or other obligations to be issued on a taxable basis, as such issuance is determined to be in the public interest; and (e)[SIC] To authorize the First Selectman and Chairman of the WPCA to enter into contracts for the project and to approve construction expenditures; to authorize the First Selectnian to apply for and accept or reject any Federal, State or other grants and loans for the project, execute and deliver to the State project loan and project grant agreements for the project; and to authorize the Board of Selectmen, Treasurer and other Town officials and employees to take all other actions necessary to obtain such grants and loans, implement the project loan and project grant agreements, complete the project and issue the bonds, notes, temporary notes or other obligations to finance the appropriation. (f) To provide ongoing funding of adminstrative costs for the decentralized wastewater management system; within the Decentralized Wastewater Management District at funding levels acceptable to the Town and the State. A copy of the full texts of the Ordinance and the Resolution are on file and available for inspection at the Office of the Town Clerk. The Moderator shall adjourn the Special Town Meeting at its conclusion and, pursuant to Connecticut General Statutes Section 7-7, as amended, the vote on the Ordinance and the Resolution shall be submitted to a vote upon the voting machines or the ballot on Tuesday, August 11, 2009 between the hours of 6:00 A.M. and 8:00 PM. The Ordinance and the Resolution shall be placed upon the voting machines or the ballot under the following headings: QUESTION 1. SHALL THE TOWN OF OLD SAYBROOK APPROVE THE DECENTRALIZED WASTEWATER MANAGEMENT DISTRICT ORDINANCE? QUESTION 2. SHALL THE TOWN OF OLD SAYBROOK APPROPRIATE $42,171,200 FOR THE DESIGN AND CONSTRUCTION OF DECENTRALIZED WASTEWATER MANAGEMENT SYSTEMS WITHIN THE DECENTRALIZED WASTEWATER MANAGEMENT DISTRICT AND ISSUE THE TOWN'S BONDS, NOTES OR OTHER OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $42,171,200 TO FINANCE SAID APPROPRIATION, AND PROVIDE ONGOING FUNDING OF ADMINISTRATIVE COSTS FOR THE SYSTEMS? Voters approving the Ordinance will vote "Yes" and those opposing the Ordinance will vote "No". Voters approving the Resolution will vote "Yes" and those opposing the Resolution will vote "No". Voting will be in the Old Saybrook High School Gymnasium, 1111 Boston Post Road, Old Saybrook, Connecticut. Persons qualified to vote in town meetings of the Town of Old Saybrook who are not electors shall vote in the Old Saybrook High School Gymnasium, 1111 Boston Post Road, Old Saybrook, Connecticut. Absentee ballots will be available from the Town Clerk's Office. I, Sarah V. Becker, duly appointed and Town Clerk of Old Saybrook, do hereby certify that the above is a true and correct copy of a resolution passed and approved at a Special Board of Selectmen Meeting held on the 10th day of July, 2009. --------------- --------------------------- Date Sarah V. Becker, Town Clerk BOARD OF SELECTMEN --------------------------- Michael A. Pace First Selectman --------------------------- William A. Peace Selectman --------------------------- Velma Thomas Selectman
TOWN OF OLD SAYBROOK SPECIAL TOWN MEETING RESOLUTION TO APPROPRIATE $42,171,200 FOR THE DESIGN AND CONSTRUCTION OF DECENTRALIZED WASTEWATER MANAGEMENT SYSTEMS WITHIN THE DECENTRALIZED WASTEWATER MANAGEMENT DISTRICT AND TO AUTHORIZE THE ISSUE OF BONDS, NOTES OR OTHER OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $42,171,200 TO FINANCE SAID APPROPRIATION, AND TO PROVIDE ONGOING FUNDING OF ADMINSTRATIVE COSTS FOR THE SYSTEMS BE IT RESOLVED: SECTION 1. That the Town of Old Saybrook appropriate $42,171,200 for the design and construction of decentralize wastewater management systems within the Decentralized Wastewater Management District to be established pursuant to a Town ordinance. The appropriation may be expended for construction related costs, including research, design and construction, design review and construction administration: program related costs, including program development and management, advanced treatment selection processes, and remote monitoring: and financing costs, including legal and administrative fees, interest expense on temporary borrowings, and other costs related to financing the project, in the amounts as follows: Construction Related Costs $39,896,200 Program Related Costs 275,000 Financing and Bond Issuance Cost 2,000,000 ----------- TOTAL $42,171,200 The appropriation shall include any federal, state or other grants-in-aid received for the project, The Board of Selectmen may reduce or modify the scope of the project, and the entire appropriation may be expended on the project as so reduced or modified. The amount authorized to he expended for each purpose shall not exceed the amount set forth opposite each purpose, provided that the Board of Selectmen, upon the recommendation of the Water Pollution Control Authority and with Board of Finance approval, may, by resolution, transfer unexpended funds among purposes, so long as the total appropriation is not increased. SECTION 2. That the Town of Old Saybrook finance the appropriation by (i) issuing its bonds, notes or other obligations in an amount not to exceed $42,171,200, (ii) using Town funds or in-kind services for the project, and (iii) using any federal, state or other grants-in-aid or other funds received for the project. The bonds, notes or other obligations may, in whole or in part, be (i) payable solely from all rates, charges, rents, fees, assessments and other realized income derived or to be derived from the ownership, operation, use of services of the decentralized wastewater management systems, including, but not limited to all decentralized wastewater management systems connection and use charges and benefit assessments pertaining to the decentralize wastewater management systems (hereinafter the "Revenues"), or (ii) general obligations of the Town secured by the irrevocable pledge of the full faith and credit of the Town, or both. The bonds, notes or other obligations shall be issued pursuant to the Connecticut General Statutes, as amended. The bonds, notes or other obligations may be sold as a single issue or consolidated with any other authorized issues of bonds or notes of the Town. The bonds, notes or other obligations may be in the form of project loan obligations issued to the State of Connecticut under the State's Clean Water Fund Program. The Treasurer shall keep a record of the bonds, notes or other obligations. The bonds, notes or other obligations shall be signed in the name and on behalf of the Town by the First Selectman and Treasurer, shall hear the Town seal or a facsimile thereof and shall each recite that every requirement of law relating to its issue has been fully complied with and that such bond, note or other obligation is within every debt and other limit prescribed by law. The terms, details and particulars of such bonds, notes or other obligations shall be determined by the Board of Selectmen and Treasurer. Said bonds, notes and other obligations shall be sold by the Board of Selectmen and Treasurer at public sale, by negotiation or to the State under the Clean Water Fund Program, in their discretion. If the bonds, notes or other obligations are sold by negotiation, the purchase agreement shall he approved by the Board of Finance. SECTION 3. That the First Selectman and Treasurer are authorized to issue temporary notes in anticipation of the receipt of the proceeds of said bonds, notes, or other obligations, including issuing and renewing temporary notes in the form of interim funding obligations issued to the State of Connecticut under the State's Clean Water Fund Program in anticipation of the receipt of the proceeds of said bonds, notes, other obligations or project loan obligations. The temporary notes shall be signed by the First Selectman and Treasurer and shall bear the Town seal or a facsimile thereof The temporary notes shall he issued with maturity dates in accordance with the Connecticut General Statutes, as amended, or the State's Clean Water Fund Program, as applicable. The temporaly notes shall each recite that every requirement of law relating to its issue has been fully complied with, that such note is within every debt and other limit prescribed by law, and that the notes, in whole or in part, are (i) payable solely from the Revenues or (ii) general obligations of the Town secured by the irrevocable pledge of the full faith and credit of the Town, or both. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing, and marketing such notes, to the extent paid from the proceeds from the issuance of bonds, notes, other obligations or project loan obligations, shall he included as a cost of the appropriation. SECTION 4. That the Town hereby declares its official intent under Treasury Regulation Section 1.150-2 of the Internal Revenue Code of 1986, as amended, that the project costs may be paid from temporary advances of available funds and that 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 for the project; that the First Selectman and Treasurer are authorized to bind the Town pursuant to such representations and agreements as they deem necessary or advisable in order to ensure and maintain the continued exemption from federal income taxation of interest on the bonds, notes or temporary 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; and that the First Selectman and Treasurer are authorized to make representations and agreements for the benefit of the holders of the bonds, notes or temporary notes to provide secondary market disclosure information and to execute and deliver on behalf of the Town an agreement to provide such information with such terms and conditions as they, with the advice of bond counsel, deem necessary and appropriate, including bonds, notes or temporary notes issued by the State under the State's Clean Water Fund Program. SECTION 5. That the bonds, notes, temporary notes or other obligations, or any portion thereof, may bear interest which is includable in the gross income of holders thereof for Federal income tax purposes pursuant to the Internal Revenue Code of 1986, as amended, as the issuance of such taxable bonds, notes, temporary notes or other obligations is hereby determined to be in the puhlic interest. SECTION 6. That the First Selectman and Chairman of the Water Pollution Control Authority, or their designees, are authorized to contract with engineers, contractors and others on behalf of the Town and to approve construction expenditures for said project. SECTION 7. That the First Selectman, or his or her designee, is authorized to apply for and accept or reject any Federal, State or other grants and loans for the project and to execute and deliver to the State a project loan and project grant agreement for and on behalf of the Town, and the Board of Selectmen, Treasurer and other Town officials and employees are authorized to take all actions necessary and proper to obtain such grants and loans, to implement such project loan and project grant agreement, to complete the project and to issue the bonds, notes, temporary notes or other obligations to finance the appropriation. SECTION 8. That the Town of Old Saybrook provide ongoing funding of administrative costs for the decentralized wastewater management systems within the Decentralized Wastewater Management District at funding levels acceptable to the Town and the State. 538012v4 7/17/2009, 6:06:54 PM
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