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MINUTES OF THE REGULAR MEETINGNew Milford Town Council

Monday, February 23, 1998

Mayor Arthur J. Peitler called the Regular Meeting of the New Milford Town Council to orderat 7:35 p.m., after the conclusion of the Public Hearing on the Small Cities Block GrantProgram, in the E. Paul Martin Meeting Room with Council members Clark Chapin, PeterHenderson, John Lillis, Raymond O'Brien, Thomas Pilla, Sheldon Pruss, Lynn Umbarger, andFrank Wargo present. Also present were Town Attorney Thomas Beecher, Finance DirectorRay Jankowski, Comptroller Richard Semeraro, Public Works Director Larry Clough, otherTown officials, interested citizens, and members of the press.

Material Distributed Just Prior to or Durinq the Meeting Revised Resolution for the Tub Grinder fromHRRA (as worded below); Amended Warning for Town Council Budget Deliberations; memo re BankStreet Construction Sequence to Mayor & Council from Town Engineer, Feb. 18, 1998.

PUBLIC PARTICIPATION

Pension Plan: Police Department Henry Morino, as President of the IBPO, read aletter again calling attention to the lack of progress in the negotiations with the policeofficers of New Milford. The letter requested the Mayor to become involved directly in thelabor negotiations, specifically asking him to sit in on the next negotiating session. MayorPeitler said that the recent meeting was cancelled because David Ryan was ill. Mr. Ryantried to get in touch with Mr. Morino to tell him there are some proposals from managementto be presented at tomorrow's meeting.

Parks & Recreation Commission Master Plan Larry Greenspan said that the Parks &

Recreation budget is to be reviewed on Wednesday night but as yet there has been noopportunity for the public to provide input on the Master Plan. He had been among those onJanuary 26, 1998 (page 2, Minutes) who had requested a Hearing be held.

TheatreWorks Ted Hine, Frances Smith, Bob Brown, and Patricia Greenspan

addressed the problems the TheatreWorks little theater group, housed in the former AdventChristian church, is having with the cost of the repair and maintenance of the building. Theyalso emphasized the value to the community of this group. It is a downtown activity thatfits well with the downtown revitalization project, it is an educational as well as anentertainment activity, and it has historical value in that it has preserved one of the oldestchurch buildings in New Milford. Mr. Brown pointed out that everything is volunteer activityat TheatreWorks. He also noted that the community routinely spends money to educate ourchildren in terms of sports; it is just as important that they learn about Shakespeare.

Trees Patricia Greenspan said that trees are coming down in town at an alarmingrate and she sees no reference in the budget to plans for tree replacement. She urged thatmoney be set aside.

Bank Street Charlie Roy, Bank Street Coffeehouse, said he was glad that thesidewalk /utility project timeline had been shortened. He turned in petitions with 800signatures which urged a shorter construction period. He said there is blowing dust all over

k the downtown area and he hoped it would be possible have the streetsweeper scheduledthere soon.

Town Council Regular Meeting - Monday, February 23, 1998 - page 1 of 12

MINUTES

A motion was made by Mr. Pilla and seconded by Mr. Pruss that the Town Councilapprove the Minutes of the Regular Meeting of February 9, 1998, as presented. Mr.Chapin had abstained from voting on the naming of the railroad station /appropriationmotion (pp. 4,5); the vote was recorded as unanimous. The motion was approvedwith this correction 6 -0 -2. (ABSTAIN: Mr. O'Brien, Mrs. Umbarger)

TAX REFUNDS

A motion was made by Mr. Pilla and seconded by Mr. Wargo that the Town Councilapprove tax refunds in the total amount of $2,305.43 as requested by memoFebruary, 1998, from the Tax Assessor and Tax Collector and individually listed asfollows: Charlene Andersen, $11.50; Eagle Bank, 112.04; Michael Gold, $35.54;L. Lieberman, 1,293.40; Mitsubishi Motor, $616.39; Christopher Shanahan,224.12; Patricia Squires, $12.44. The motion passed unanimously.

BANK STREET PROJECT

The Town Engineer's report, "Bank Street -- Construction Sequence ", responded to the

request from the Feb. 9, 1998, Town Council Meeting (Minutes, p. 1).Recommended a 10 -hour day, 5- days -per week schedule for a construction schedule ofapproximately 7 -8 weeks, acknowledging that additional funding would be required;Recommended against night work because of residents on street, businesses open atnight, and cost and other construction difficulties;Recommended against closing the road, for at best it would be closed for at least amonth;

Gave the start date for construction as Monday, April 13;Enumerated the work that Public Works and the utilities would be completing prior toApril 13;

Listed and explained the six phases of this project.

Mr. Clough requested a supplemental appropriation of $20,000 in order to implement therecommended schedule ($10,000) and provide the flexibility to work one weekend in May ifby so doing the project can be completed before Memorial Day ($10,000). There are nofunds included for direction of traffic Mr. Clough defended the position against closing theroad as outlined above, noting that an additional benefit is by traffic moving through peoplecan see that the businesses are open and available. Mr. Clough answered questions as toscheduling options, prep work, and cost.

During the discussion, Mr. Lillis said that he had requested from Town Attorney an opinionletter on whether or not this project as it is being carried out should have gone out to bid orif it is in some way exempt from the Bidding Ordinance (Sept. 8, 1997, p. 10). He wouldstill like to have the opinion letter even though the Council approved the project.

A motion was made by Mr. Henderson and seconded by Mr. O'Brien that the TownCouncil meeting be in recess until after the Public Hearing for Crossmon Road. Themotion passed unanimously at 8:00 p.m.

Please see Minutes, Public Hearing: Crossmon Road -- Scenic Road Designation)


A motion was made by Mr. O'Brien and seconded by Mr. Pruss that the TownCouncil Meeting come return to regular session. The motion passed unanimously at9:05 p.m. (7 -0. Mr. Pilla re- entered the meeting early in the continuing discussion ofthe Bank Street Project.)

Rebecca Devine had set up the digital presentation of the proposed time line for therecommended scheduling. Mr. Clough explained the sequence of the work, pointed out theinterdependency of the steps, and noted that one of the keys in this particular schedule isthe amount of work the Bowmanite people can accomplish per day. Public Works hadreviewed many configurations and considered the advantages and disadvantages of each;the best solution is the 10 -hour day. If all work is going according to the timeline, theSaturday /Sunday for the overtime work would likely be the weekend of May 18` soeverything could be done and all crews gone by Memorial Day. Mr. Clough said he felt themerchants would like to see that happen.

There were many questions and suggestions. Mr. Clough said that the project was on-target now as far as budget is concerned. Mr. Wargo suggested that some rethinking bedone about the exact 10 hours (7:00 a.m. - 5:30 p.m. is proposed) to minimize theafternoon work and traffic impact. Mr. O'Brien encouraged Mr. Clough to make anopportunity to share all this information, on a give- and -take basis, with the Bank Streetbusinesses so that these merchants know what is going to happen and have some input.Mr. Clough said he was meeting with the downtown merchants on March 12 and would beconducting weekly meetings thereafter.

A motion was made by Mr. O'Brien and seconded by Mr. Henderson that the TownCouncil suspend its rules to add to the agenda consideration of the request fromPublic Works for a supplemental appropriation of $20,000 for the Downtown Project.The motion passed unanimously.

A motion was made by Mr. O'Brien and seconded by Mr. Pruss that the TownCouncil approve, and recommend to the Board of Finance approve, a supplementalappropriation of $20,000, from the Contingency Account or some other account tobe determined by the Board of Finance, to the account for the Downtown RenovationProject.

Mr. O'Brien said that implicit is that this motion speaks to the Public Works Departmentproceeding with the 10- hours -a -day schedule with the flexibility of working one Saturdayand one Sunday, investigating opportunities for different starting times, and developingcommunication opportunities.

There was some discussion on property owner contribution to the expense of the sidewalks.Mayor Peitler said that he envisioned their contribution as rather generally like the sewerbenefit assessment and that the ordinance would have to be amended. There was support

for these contributions continuing on a voluntary basis.

A motion to amend was made by Mr. Lillis and seconded by Mr. Pruss to provide that10,000 is earmarked for Saturday and Sunday work and can be used only for thatpurpose. The motion to amend failed 3 -5. (Yes: Mr. Lillis, Mr. Pruss, Mr. Wargo.NO: Mr. Chapin, Mr. Henderson, Mr. O'Brien, Mr. Pilla, Mrs. Umbarger)


The main motion passed 7 -1. (NO: Mr. Chapin)

MOONLIGHT RUN

Please see Minutes, Jan. 9, 1996, p. 6 and Feb. 10, 1997, p. 6)A motion was made by Mr. O'Brien and seconded by Mr. Pilla that the Town Councilapprove Mr. Jahn's request to close Young's Field Road on May 15, 1998 from 7:30p.m. - 9:00 p.m. for the running of the Moonlight Run 5K race, subject topresentation of proof of insurance satisfactory to Town Attorney and coordinationwith the Police Department. The motion passed unanimously.

YOUTH AGENCY GIFT:

A motion was made by Mr. O'Brien and seconded by Mr. Pilla that the Town Councilaccept, with appreciation, the gift of $290 to the Youth Agency from the United Wayof Northern Fairfield County, Inc., this gift to be placed in Reserve Revenue AccountNo. 2200 - 200 -2259. The motion passed unanimously.

MUNICIPAL REGISTRATION OFFICIAL DESIGNATION

Town Attorney states in his Feb. 6, 1998, letter to the Mayor: "Effective October 1, 1992,the State of Connecticut exempted aircraft from personal property taxes and, in lieu thereof,adopted statues (CGS 13b -39a - h) pertaining to annual registration of aircraft and paymentof an annual fee of between $90 and $2,500 depending upon the gross weight of theaircraft." CSG Section 13b -39b states: "Each municipality shall designate a municipalregistration official ... to perform the duties of registration of aircraft as set forth inSections 13b - 39a to 13b -39h, inclusive . . ." Attorney Beecher said he had reviewedthese statutes with Mr. Parks and Mr. Parks is willing to act as that official. AttorneyBeecher said the Town keeps the fees that are collected.

A motion was made by Mr. Chapin and seconded by Mr. O'Brien that the AssessorRonald Parks be designated Municipal Registration Official for aircraft registration andfee collection for the Town of New Milford. The motion passed unanimously.

THEATREWORKS

Council members had received a packet of materials from the President of TheatreWorks detailingtheir productions; their community out -reach programs and events; their current problems with thebuilding, particularly the roof; and some of the steps taken to raise funds for these repairs.)

Mayor Peitler said that the roof is in very, very serious disrepair, causing other possibledamage in the building. The building is a 97- year -old church built by the Heacock family.Reverend Heacock was the first minister. The group is in the process of fund raising andany help the Town can give will be appreciated.

Several Council members spoke in support of giving assistance to this group, especially interms of enabling them to continue with the projects they have been doing for thecommunity. Mr. O'Brien suggested short -term assistance for the roof problem andadditional assistance in searching out grants. Mrs. Umbarger asked if TheatreWorks had


applied for historic designation for their building. There is an Historic Properties Commissionin New Milford. Mr. Hine said they had not, but an application is being prepared.

A motion was made by Mr. Henderson and seconded by Mr. O'Brien, for purposes ofdiscussion, that the Town Council approve, and recommend the Board of Financeapprove, a $15,000 non - reimbursable grant to TheatreWorks New Milford for repairsto their building, funds to come from Undesignated Funds.

The estimate for the roof was discussed, but no one there was certain of the specifics ofthis estimate. The representatives did explain other projects TheatreWorks had funded overthe past few years, including a new furnace, a new light board, and a sewer line. Mr. Lillissaid he would like to see the group come back in two weeks after firming up the estimateand being sure that the estimate includes work on the cupola. He said he would supportmaking up the difference between that estimate and what the group has in the bank.

A motion to table was made by Mr. Lillis and seconded by Mr. Wargo so thatTheatreWorks can come back to the Council with firmer estimates for the work to be

done. The motion passed 6 -2. (NO: Mr. O'Brien, Mr. Henderson)

APPOINT DEPUTY TREE WARDEN

Tree Warden Philip Lovell recommended Carlos Caridad to serve as his deputy, requestedapproval of his appointment, and an increase of 51,000 in the Tree Warden's 1998 -1999budget to compensate Mr. Caridad. Mr. Caridad is a licensed arborist with an extensiveknowledge of tree problems, Mr. Lovell said. Attorney Beecher said that the Tree Warden isthe appointing authority.

A motion was made by Mr. Lillis and seconded by Mr. Pilla that the Town Councilapprove the appointment by the Tree Warden of Carlos Caridad as Deputy TreeWarden. The motion passed unanimously.

HRRA: REGIONAL TUB GRINDER

A motion was made by Mr. O'Brien and seconded by Mr. Wargo that the TownCouncil approve the Resolution presented by the HRRA as follows:

WHEREAS, the Connecticut Department of Environmental Protection ( CTDEP) provided grant moneyto regional recycling programs and single municipalities to implement the Mandatory Recycling ActP.A. 87 -544) which prohibited the permanent disposal in landfills and energy recovery facilities afterJanuary 1, 1991, of items designated by the CTDEP as required to be recycled, and

WHEREAS, this initial start -up grant program has helped the state reach the current, approximately25% recycling rate through the separation from the solid waste stream prior to disposal of items bothdesignated and not designated by the CTDEP as required to be recycled, and Section 22a- 220(f) ofthe Connecticut General Statutes establishes a goal of source reducing and recycling of 40% of thestate's solid waste by January 1, 2000, and

WHEREAS, bond money from this initial start -up grant program will be made available on acompetitive basis to assist recycling regions and municipalities in reaching the 40% goal,


WHEREAS, The Housatonic Resources Recovery Authority (HRRA) has stated its intent to apply for aDEP grant to purchase a regional tub grinder to be shared by certain member municipalities of the 11towns comprising the HRRA under a comprehensive plan to recycle yard and wood waste generatedand delivered by residents and businesses within those towns,

NOW, THEREFORE, BE IT RESOLVED, that the Town of New Milford Town Council authorizes theHRRA to act on behalf of the Town of New Milford in making an application to the Commissioner ofEnvironmental Protection and to receive a grant to develop a comprehensive yard and wood wasterecycling program plan.

Grant funds would purchase the grinder minus trade in of pieces of equipment from Danburyand New Fairfield. This large, truck - mounted piece of equipment could be scheduled by anarea town to be brought on site in that town for disposal primarily of stumps and similarmaterial. The projected fee that HRRA will collect per day is less than one -half of what thecommercial daily rate is. The grinder will be garaged in Danbury and one person will haveresponsibility for its maintenance, moving, and operation.

The motion passed unanimously.

SMALL CITIES GRANT PROGRAM

A motion was made by Mr. Henderson and seconded by Mr. Pruss that the TownCouncil suspend its rules to add to the agenda the consideration of 1997 and 1998Small Cities Program grants. The motion passed unanimously.

The Town Council strongly supported requesting reconsideration for the $200,000 HousingRehabilitation portion of the 1997 Small Cities Community Development Grant as explainedby Mr. Wagner and the application for $150,000 for the two projects presented at thePublic Hearing and outlined by Mr. Wagner for the 1998 Small Cities grant, i.e., ButterbrookSenior Housing and developing a New Milford satellite of the Exodus program (which isbased in Danbury).

A motion was made by Mr. Henderson and seconded by Mr. O'Brien that the TownCouncil adopt the following resolution:

WHEREAS, Federal monies are available under the Connecticut Small Cities Community DevelopmentBlock Grant Program, administered by the State of Connecticut, Department of Economic andCommunity Development pursuant to Public Law 93 -383, as amended; and,

WHEREAS, pursuant to Chapter 127c, and Part VI of Chapter 130 of the Connecticut GeneralStatutes, the Commissioner of Economic and Community Development is authorized to disburse suchFederal monies to local municipalities; and,

WHEREAS, it is desirable and in the public interest that the Town of New Milford make application tothe State of $350,000 in order to undertake a Small Cities Community Development Program and toexecute an Assistance Agreement therefore, should one be offered.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL:

1. That it is cognizant of the conditions and prerequisites for State Assistance imposed by Part VI ofChapter 130 of The Connecticut General Statutes; and,


2. That the filing of an application by the Town of New Milford in an amount not to exceed350,000 is hereby approved, and that the Mayor is hereby authorized and directed to file suchapplication with the Commissioner of the Department of Economic and Community Development,to provide such additional information, to execute such other documents as may be required bythe Commissioner, to execute an Assistance Agreement with the State of Connecticut for Statefinancial assistance if such an Agreement is offered, to execute any amendments, recessions,and revisions thereto, to implement project activities, if approved, and to act as the authorizedrepresentative of the Town of New Milford.

The motion passed unanimously (8 -0).

ROAD BONDING

Mayor Peitler said that in carrying forward the firm commitment to road improvement thisproposal is to bond $1.8 million over four years for Second Hill Road, Phase II, CandlewoodLake Road North, Phase II; and a portion of West Meetinghouse Road. Mr. Clough haddiscussed these projects at the January 26, 1998 meeting (Minutes, p. 8). Payments on twosets of bonds do not have to be included in next year's budget: Police Station and one ofthe sewer projects. This is an ideal time to fund additional roadwork

A motion was made by Mr. O'Brien and seconded by Mr. Henderson that the TownCouncil

Approve the following Resolution:RESOLVED That the resolution entitled "Resolution Appropriating $1,800,000 forthe Planning, Acquisition and Construction of Road Improvements and Authorizingthe Issuance of $1,800,000 Bonds or Notes of the Town to Meet Said Appropriationand Pending the Issuance Thereof the Making of Temporary Borrowings Therefor," acopy of which is attached hereto, is hereby adopted and recommended for approvalby the legal voters of the Town at a Special Town Meeting. [See end of theseMinutes for full text of this Resolution.

Present this Resolution to the Board of Finance with recommendation for its

approval.

Authorize the Mayor to set the date, time, and place for a Special Town Meetingto which this Resolution will be presented.

The motion passed unanimously. (Yes: Council members Chapin, Henderson, Lillis,O'Brien, Pilla, Pruss, Umbarger, and Wargo)

A motion was made by Mr. Wargo and seconded by Mr. Chapin that the TownCouncil suspend its rule and remain in session until no later than 10:45 p.m. Themotion passed unanimously at 10:20 p.m.

DESIGNATION OF $400,000 FROM KIMBERLY -CLARK GIFT

Mayor Peitler said that his recommendation for the 1998 -1999 budget is that $400,000 ofthe capital requests by the Board of Education be funded from the Kimberly -Clark gift. That400,000 is then removed from the budget request.

A motion was made by Mr. Pilla and seconded by Mr. Henderson that the TownCouncil approve, and recommend the Board of Finance approve, the supplemental


appropriation of $400,000 from the Undesignated Funds balance to the Board ofEducation Capital Reserve Fund for certain capital improvements.

Mr. Chapin said he had not yet reviewed the Board of Education's budget and suggestedthis meeting be recessed until after their budget presentation. The Mayor said that the giftwas intended for educational and recreational uses. This action will make a specific

recommendation and shift a portion to the Board of Education's Capital Reserve Fund. Mr.O'Brien said he felt he could address procedure without consideration of conflict of interestand pointed out that since this is money to be spent after July 1, 1998, he did notunderstand the urgency of taking it to Town Meeting with the road bond issue.Procedurally, he was not sure why it is urgent to act on this item before the Annual Townmeeting. Mrs. Umbarger said that she also has not gone over the Board of Education budgetand that she was not sure she would like to see this particular money go to consumer items.

Mr. Wargo expressed his concern for the school building projects, for which there has beensome indication they are already over budget. He said he would like to see the Kimberly -Clark $1.2 million held in reserve so that many important things do not have to be cut if theschool project bid does not come in as anticipated. This money should be held in reserve asan offset against any potential overrun so the project can be kept as it was promised to thepeople of New Milford. Mr. Lillis said he also would like some time to consider where thesefunds should be spent.

A motion was made by Mr. Lillis and seconded by Mr. Wargo to table the motion.The motion to table passed 7 -1. (NO: Mr. Henderson)

TOWN ATTORNEY FIRM RETAINER AGREEMENT

Please see Minutes, December 8, 1997, p. 3). This agreement was contained in andexplained by the letter of January 16, 1998 from Town Attorney firm to Mayor Peitler.Attorney Beecher gave legal service figures from nearby towns as a comparison. Mr. Lillissaid he felt that the difference between a retainer and a non - retainer matter should be

more clearly explained. Litigation stands on its own, but there has always been aretainer /non- retainer gray area. Attorney Beecher said he thought that drawing thatdistinction gets to be very difficult; he knew Attorney Casagrande had found it so.However, there does not seem to have been a problem with any Town Attorney, and thebills are itemized.

Mr. Wargo said that the amount spent for Town Attorney has stayed about the same for thepast six years. It appears the Town is not ready yet to hire its own full -time attorney.

A motion was made by Mr. O'Brien and seconded by Mr. Henderson that inaccordance with the recommendation of the Mayor the Town Council approveincreasing the Town Attorney yearly retainer fee to $30,000 per year, to becomeeffective July 1, 1998, and approve increasing the hourly billing rate from $150 perhour to $165 per hour, to become effective March 1, 1998. The motion passedunanimously.


PLANNING COMMISSION LETTER RE P &R MASTER PLAN

Mr. O'Brien called attention to the Planning Commission letter of February 17, 1998, whichwas included in the packets. The three main points of the letter are: (1) that it was whollyimproper for the Parks & Recreation Commission to submit its master plan to the Town

Council for approval; the Council may, of course, review, endorse or makerecommendations; (2) that it is the Planning Commission's determination, not the Parks &Recreation Commission's, whether or not this Master Plan is in conformity with the Plan ofConservation and Development, as it is their responsibility in (1) above to approve a Plan ofConservation and Development of which recreational planning is a part; and (3) that themembers of the Planning Commission ask the Council to urge Parks & Recreation to submit

their Mater Plan to the Planning Commission for its review and possible inclusion, in wholeor in part, in New Milford's Plan of Conservation and Development.

Mr. O'Brien asked that the Planning Commission letter be forwarded to the Parks &Recreation Commission, with a request for their response to the Council.

The meeting was adjourned by unanimous consent at 10:45 p.m.

Minutes Taken and Prepared By: Approved:

6LIJ n S. Hoburg Arthur J. Peitler, Mayor

Full Test of Resolution Approved by Motion on Page 7:

RESOLUTION APPROPRIATING $1,800,000 FOR THE PURCHASE OF

PLANNING, ACQUISITION AND CONSTRUCTION OF ROADIMPROVEMENTS AND AUTHORIZING THE ISSUANCE

OF $1,800,000 BONDS OR NOTES OF THE TOWN TO MEET SAIDAPPROPRIATION AND PENDING THE ISSUANCE THEREOF

THE MAKING OF TEMPORARY BORROWINGS THEREFOR

Section 1. The sum of $1,800,000 is appropriated for the planning, acquisition andconstruction of the road improvements approximately described as follows:

Second Hill Road, Phase II: Reconstruct from Station 24 +00 to Station 45 +00, to a

point approximately 950 feet west of Reservoir Road.

Candlewood Lake Road North, Phase II: Reconstruct first leg beginning at the end ofPhase I, heading north for a distance of 1,000 feet, terminating at a pointapproximately 400 feet north of Sherry Lane; and reconstruct second leg beginning atJerusalem Hill, terminating at a point approximately 1,700 feet north. Total mileageof Phase II to cover approximately 2,700 linear feet.

West Meetinghouse Road: Reconstruct from West Meetinghouse Terrace to HineRoad, a total distance of approximately 6,600 linear feet.


Said appropriation may be expended for all or any portion of the foregoing projects, or somuch thereof as may be financed thereby, including blasting, horizontal and verticalrealignment, drainage installation, reclamation, paving, curbing, and for improvements tostructure of utilities, incidental, appurtenant or encountered in the course of such roadimprovements and for legal fees, administrative, printing and financing costs related thereto.The Council may by resolution add or delete streets to be improved. Said appropriation shallbe in addition to all other appropriations or transfers for said purpose, including any amountsremaining from the road reconstruction bond resolution approved by Town Meeting on June7, 1995, which use is hereby approved, and shall be inclusive of any and all State andFederal grants -in -aid thereof.

Section 2. To meet said appropriation:

i) $1,800,000 bonds of the Town of New Milford (the "Town ") or so much

thereof as shall be necessary for such purpose, shall be issued, maturing not later than thefifth year after their date, provided that such term shall be reduced by the term of anynotes, including renewals, issued pursuant to Section 4, which are outstanding andrefinanced by the bonds authorized herein. Said bonds may be issued in one or more seriesas determined by the Mayor and the amount of bonds of each series to be issued shall befixed by the Mayor and Director of Finance in the amount necessary to meet the Town'sshare of the cost of the project determined after considering the estimated amount of theState and Federal grants -in -aid of the project, or the actual mount thereof if this beascertainable, and the anticipated times of the receipt of the proceeds thereof, provided thatthe total amount of bonds to be issued shall not be less than an amount which will providefunds sufficient with other funds available for such purpose to pay the principal of and theinterest on all temporary borrowings in anticipation of the receipt of the proceeds of saidbonds outstanding at the time of the issuance thereof, and to pay for the administrative,printing and legal costs of issuing the bonds. The bonds shall be in the denomination of1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, beexecuted in the name and on behalf of the Town by the facsimile or manual signatures ofthe Mayor and the Director of Finance, bear the Town seal or a facsimile thereof, becertified by a bank or trust company designated by the Mayor, which bank or trust companymay be designated the registrar and transfer agent, be payable at a bank or trust companydesignated by the Mayor, and be approved as to their legality by Murtha, Cullina, Richterand Pinney LLP, of Hartford. They shall bear such rate or rates of interest as shall bedetermined by the Mayor. The bonds shall be general obligations of the Town and each ofthe bonds shall recite that every requirement of law relating to its issue has been dulycomplied with, that such bond is within every debt and other limit prescribed by law, andthat the full faith and credit of the Town are pledged to the payment of the principal thereofand interest thereon. The aggregate principal amount of bonds to be issued, the annualinstallments of principal, redemption provisions, if any, the date, time of issue and sale andother terms, details and particulars of such bonds shall be determined by the Mayor andDirector of Finance in accordance with the General Statutes of the State of Connecticut, as

amended. In connection with the issuance of any bonds or notes authorized herein, theTown may exercise any power delegated to municipalities pursuant to Section 7 -370b,including the authority to enter into agreements moderating interest rate fluctuation,provided any such agreement or exercise of authority shall be approved by the TownCouncil; or


ii) $1,800,000 local capital improvement grant anticipation notes, or so muchthereof as shall qualify pursuant to Section 7 -535 et seq. of the General Statutes ofConnecticut, as amended, to be issued as grant anticipation notes to temporarily financelocal capital improvements pursuant to the Local Capital Improvement Program ( "LOCIP ").Such notes shall be issued and renewed pursuant to the provisions of Section 7 -537,aforesaid, and shall not be subject to the requirements and limitations set forth inConnecticut General Statutes Sections 7 -378 and 7 -378a. Any grant received by the Town

pursuant to LOCIP, shall be applied to retire notes issued and outstanding, if any, to financethe project for which the LOCIP grant was received; or

iii) any combination of bonds or notes issued pursuant to Sections 2 and 4 hereofmay be issued, provided that the total aggregate principal amount thereof outstanding at anytime shall not exceed $1,800,000.

Section 3. Said bonds shall be sold by the Mayor in a competitive offering or bynegotiation, in the Mayor's discretion. If sold in a competitive offering, the bonds shall besold upon sealed proposals at not less than par and accrued interest on the basis of thelowest net or true interest cost to the Town. A notice of sale or a summary thereofdescribing the bonds and setting forth the terms and conditions of the sale shall bepublished at least five days in advance of the sale in a recognized publication carryingmunicipal bond notices and devoted primarily to financial news and the subject of state andmunicipal bonds. If the bonds are sold by negotiation, provisions of the purchase agreementshall be subject to the approval of the Town Council.

Section 4.

i) The Director of Finance is authorized to make temporary borrowings inanticipation of the receipt of the proceeds of said bonds. Notes evidencing such borrowingsshall be signed by the Mayor and the Director of Finance, have the seal of the Town affixed,be payable at a bank or trust company designated by the Mayor, be approved as to theirlegality by Murtha, Cullina, Richter and Pinney LLP, of Hartford, and be certified by a bank ortrust company designated by the Mayor pursuant to Section 7 -373 of the General Statutesof Connecticut, as amended. The notes shall be general obligations of the Town and each ofthe notes shall recite that every requirement of law relating to its issue has been dulycomplied with, that such note is within every debt and other limit prescribed by law, andthat the full faith and credit of the Town are pledged to the payment of the principal thereofand the interest thereon. The net interest cost on such notes, including renewals thereof,and the expense of preparing, issuing and marketing them, to the extent paid from theproceeds of such renewals or of bonds or notes authorized under Section 2 hereof, shall beincluded as a cost of the project. Upon the sale of the bonds or notes authorized underSection 2 hereof, the proceeds thereof, to the extent required, shall be applied forthwith tothe payment of the principal of and the interest on any such notes then outstanding or shallbe deposited with a bank or trust company in trust for such purpose.

ii) Each series of temporary notes authorized pursuant to Section 4(I) shall not berenewed beyond the first, second, or third anniversary of the date of original issuance ofsuch series unless an amount not less than the following percentage of the original principalamount of such series is retired on or before the indicated issuance anniversary date:


Percent of Original Original IssuancePrincipal to be Retired Anniversary Date

25% Ist

50% 2nd

75% 3`

The term of each issue of notes, and renewals thereof, shall not exceed one year.

The provisions of this Section 400 shall not apply to any obligations financedpursuant to Section 200.

Section 5. Resolution of Official Intent to Reimburse Expenditures with Borrowings.The Town (the "Issuer ") hereby expresses its official intent pursuant to Section 1.150 -2 ofthe Federal Income Tax Regulations, Title 26 (the "Regulations "), to reimburse expenditures

paid sixty days prior to and after the date of passage of this resolution in the maximumamount and for the capital projects defined in Section 1 with the proceeds of bonds, notes,or other obligations ( "Bonds ") authorized to be issued by the Issuer. The Bonds shall beissued to reimburse such expenditures not later than 18 months after the later of the date ofthe expenditure or the substantial completion of the Project, or such later date theRegulations may authorize. The Issuer hereby certifies that the intention to reimburse asexpressed herein is based upon its reasonable expectations as of this date. The Director ofFinance or his designee is authorized to pay project expenses in accordance herewithpending the issuance of reimbursement bonds, and to amend this declaration.

Section 6. The Mayor and the Director of Finance are hereby authorized, on behalf ofthe Town, to enter into agreements or otherwise covenant for the benefit of bondholders toprovide information on an annual or other periodic basis to nationally recognized municipalsecurities information repositories or state based information repositories (the "Repositories ")and to provide notices to the Repositories of material events as enumerated in Securities andExchange Commission Exchange Act Rule 15c2 -12, as amended, as may be necessary,appropriate or desirable to effect the sale of the bonds and notes authorized by thisresolution. Any agreements or representations to provide information to Repositories madeprior hereto are hereby confirmed, ratified and approved.


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1707 C' TOW _ 4 OF NEW MILFOR-)

Town Hall

10 Main Street

New Milford, Connecticut 06776

Telephone (860) 355 -6010 • Fax(860)355-6002

ffice of Arthur J. Peitler, Mayor i {

To: George Buckbee, Town Clerk

From: Arthur J. Peitler, Mayor

CC: Town Council

Joan Hoburg, Recording SecretaryRaymond Jankowski, Director of FinanceBoard of Finance

Annette Martin, Recording SecretaryThomas W. Beecher, Town AttorneyPatrick J. Maguire, Administrative Aide to the MayorDepartment HeadsCommissions

Committees

Date: February 20, 1998

Re.. AMENDED: WARNING: 1998 TOWN COUNCIL BUDGETDELIBERATIONS

The schedule for the Town Council Budget Deliberations is as follows:

DAY DATE PLACE TIME

Wednesday March 4, 1998 E. Paul Martin Meeting Room 7:00 p.m.

Thursday March 5, 1998 E. Paul Martin Meeting Room 7:00 p.m.

Tuesday March 10, 1998 E. Paul Martin Meeting Room 7:00 p.m.

Wednesday March 11, 1998 E. Paul Martin Meeting Room 7:00 p.m.

1998 budget deliberations amended

MEMOTo: Arthur J. Peitler, Mayor

Town Council

Downtown Business Alliance

From: Patrick R. Hackett, P. E., Town EngineerDate: February 18, 1998RE: Bank Street - Construction SequenceCC: Lawrence Clough, P.E., Director of Public Works

Tony Schumann, Road Construction SupervisorRebecca Devine, Administrative Aide to the DirectorFile

At the last Town Council Meeting, members of the Downtown Business Alliance expressedconcern about the possibility of an eleven week construction schedule for the Bank StreetSidewalks. In response, the Council requested that Public Works investigate some possibilitiesto shorten up the total time.

1. Night Work: Public Works strongly recommends that no night work be performed dueto the presence of residents on the street, double time or availability of contractors, andthe unavailability of a concrete supplier. Additionally, many of the businesses on BankStreet, including the restaurants and movie theater have evening business hours.

2. Weekend Work: The contractor would get paid double time on Saturday and triple timeon Sunday. The businesses will also lose the significant patronage they receive onweekends.

3. Ten -Hour Days: The upside of a ten -hour day is that it could potentially shorten up the8 hour day schedule by approximately two weeks. The down side is that it will havemore of an impact on the after -work shoppers and dinner patrons. Additionally, it willcost approximately $20,000.00more at 10 hour days for seven weeks than the 8 -hourdays at almost nine weeks.

4. Closing the Road for the Full Length of Construction: Public Works stronglyrecommends that the road remain open. Under the best circumstances, the road will beclosed for at least a month. This includes both vehicular and pedestrian traffic. If anyweather problems or field conditions occur, the project could easily lengthen by weeks.

The start date for the major construction sequence has been set for Monday, April 13, the dayafter Easter. Prior to any sidewalk placement, all utilities will be underground andfunctioning. As of February 17, Charter Communications is operating underground. Finalelectrical work is underway and all services are projected to be underground prior to April13th. Other work, which is the responsibility of the abutting property owners, are water

services to three businesses, two underground fuel tank removals, and removal of an oldhydrant stub in front of Archway News. Public Works has been in regular contact with allinvolved parties to insure that all work is complete prior to major construction.

There are a number of items Public Works will be completing prior to April 13th. Thesidewalk hatch doors will be removed and replaced as requested by the various buildingowners. The concrete bases for the new lights will be put in place in March. The stairreplacement in front of Archway News will begin March 30` Completion of the stairs priorto major construction reduces the total sequence by an entire week.

Major construction will be broken into six phases:

1. Milling road surface & removal of underlying concrete to prevent damage to newsidewalks and granite curbing. Establish temporary road surface with millings.

2. The sidewalk on the south side from the intersection of Railroad Street to the

intersection of the New Milford Savings Bank Driveway.3. The sidewalk on the south side from the intersection with the New Milford Savings

Bank Driveway to the intersection with Main Street.4. The sidewalk on the north side from the intersection with Railroad Street to New

Milford Insurance.

5. The sidewalk on the north side from New Milford Insurance to the intersection withMain Street.

6. Paving of Road Surface. Work will include bringing in stone, fine grading, andpaving.

All sidewalk work will include the removal of existing sidewalk, drainage installation,installation of stone and granite curbing, and resurfacing the sidewalk with Bomanite. Safepassage to stores will be provided with plywood ramps wherever the sidewalk has beenremoved prior to concrete placement. After the Bomanite contractor has finished on the southside, the new lights will be installed and the existing poles on the north side of the road will beremoved. The lights on the north side will be installed when concrete paving is completed.

Public Works recommends a ten- hour day, five- day week schedule. This will have the leastsignificant impact on the businesses and complete the job in a reasonable amount of time. Ifthe Town Officials agree to additional funding, the Department is willing to go forward withthis plan.

It should be understood that the attached schedule has made no provisions for unfavorableweather conditions, unanticipated field conditions, or mechanical delays. The schedules, aspresented, are the BEST POSSIBLE SCENARIOS. The Mayor, Council, and Allianceshould be assured that Public Works will do everything within its power to complete theproject as quickly as possible without creating any undue burden on the downtown businesses.

REVISION AS OF 02/23/98

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