Legislative Council
Regular MeetingNewtown, CT · May 6, 2020
Minutes
LEGISLATIVE COUNCIL MEETING
COUNCIL CHAMBERS, 3 PRIMROSE STREET, NEWTOWN, CT
WEDNESDAY, MAY 6, 2020
MINUTES
PRESENT VIA ZOOM TELECONFERENCE: Jordana Bloom, Alison Plante, Chris Smith, Phil Carroll,
Ryan Knapp, Judit DeStefano, Paul Lundquist, Chris Eide, Dan Wiedemann, Cathy Reiss, Andy Clure, Dan
Honan
ALSO PRESENT: First Selectman Dan Rosenthal, Finance Director Bob Tait, BOE Chair Michelle Embree
Ku; 0 public, 0 press.
CALL TO ORDER: Mr. Lundquist called the meeting to order with the Pledge of Allegiance at 7:35 pm.
VOTER COMMENT: None
Minutes: Mr. Honan moved to accept the minutes of the April 22, 2020 Legislative Council Special Meeting.
Seconded by Mr. Wiedemann. All in favor. Motion passes (12-0).
COMMUNICATIONS: See attachment A.
COMMITTEE REPORTS:
Education Committee – None
Finance Committee – None
Municipal Operations Committee – None
Ordinance Committee – None
FIRST SELECTMAN’S REPORT: First Selectman Dan Rosenthal reported that he is working with the Health
Director on a plan to get the Town staff back in full time - Public Works and the Parks and Rec Maintainers will
be back to full strength this coming Monday. From a budget standpoint, things are manageable and no changes
have been made. The police project continues to run smoothly. Everything is going well considering the
circumstances. He mentioned that last week, the Lieutenant Governor announced that he is forming a long term
recovery committee. Selectman Maureen Crick Owen agreed to chair that for the BOS. It will consist of a
combination of Town staff and volunteers from the public. The role of this is still in the works and will be
appointed in the next meeting. There will be a website related to it as well.
UNFINISHED BUSINESS
Discussion and Possible Action
2020-2021 Municipal and Education Budget
Ms. DeStefano moved to approve the Town and Board of Education budget with the Board of Selectmen
budget at $42,947,759 and the Board of Education budget at $78,651,776 as recommended by the
Legislative Council for a total of $121,626,535 pursuant to the Governor's Executive Order No. 71,
Section 13 (7b), Section 1 and 7S, Section 7. Seconded by Ms. Bloom. All in favor. Motion passes (12-
0).
Mr. Carroll began by expressing his concern over voting on a budget without getting the public's input.
He noted that in regards to the BOE budget, they now show as having over a $1.7 million surplus while
expenditures are being made without giving the opportunity for public input. Mr. Lundquist clarified
that the amount of revenue from delayed services is an issue being contended with on the Town side as
well. It is slightly separate from the immediate budget question in consideration. Nothing would be spent
without any oversight or prior authorization. Ms. Ku responded that the concerns Mr. Carroll have were
things that came up on a proposed CIP list that came through for next year. This proposal had been
discussed prior to knowing the Covid response. The First Selectman clarified that any budget surplus on
the BOE side is predicated on the BOF authorizing the depositing of it into the non-lapsing account at
the end of the fiscal year. On the Town side, any funds not spent go into fund balance and would like to
continue building the capital non-recurring account.
FEMA Reimbursement Allocation
Mr. Lundquist stated that we will do one budget amendment before the end of the fiscal year. Two main
components are relating to $700,000 that will go back to police, fire, highway, public building and
maintenance including the BOE that will be done as an appropriation from the fund balance to capital
and non-recurring. Included with that will be the additional $997,000 that will be going towards things
like the Community Center fund, Public Works, Fairfield Hills, and others. The First Selectman noted
that this appropriations process will begin at the next BOS meeting.
NEW BUSINESS
Discussion and Possible Action
“Resolution Providing For A Special Appropriation In The Amount Of $7,541,933 For Emergency Radio
System Upgrades As Authorized In The Capital Improvement Plans (2020-21 To 2021-22) And
Authorizing The Issuance Of $7,541,933 Bonds Of The Town To Meet Said Special Appropriation And
Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, a copy of
which is available on the town website, said special appropriation was initiated by the First Selectman in
a letter dated February 18, 2020, a copy of which is available on the town website, in accordance with
Chapter 6, Section 6-35 of the Town Charter and without a Referendum pursuant to Governor Lamont’s
Executive Order No. 7S, Section 7.
Ms. DeStefano introduced the Resolution entitled “Resolution Providing For A Special Appropriation In
The Amount Of $7,541,933 For Emergency Radio System Upgrades As Authorized In The Capital
Improvement Plans (2020-21 To 2021-22) And Authorizing The Issuance Of $7,541,933 Bonds Of The
Town To Meet Said Special Appropriation And Pending The Issuance Thereof The Making Of
Temporary Borrowings For Such Purpose”, a copy of which is available on the town website, said
special appropriation was initiated by the First Selectman in a letter dated February 18, 2020, a copy of
which is available on the town website, in accordance with Chapter 6, Section 6-35 of the Town Charter
and moved the said resolution to be adopted as introduced and read without a Referendum pursuant to
Governor Lamont's Executive Order No. 7S, Section 7. Seconded by Ms. Plante. All in favor. Motion
passes (12-0). See attachment B.
First Selectman Rosenthal has spent a lot of time working with others and thinking about this project in
trying to reconcile it against the Governor's Executive Orders. There is a public safety element to this,
the equipment is 18 years old and we run a risk of having the equipment fail. In delaying its
replacement, there is a 10-11 month process for getting the equipment ordered and installed. From a
financial loss perspective, for each month that passes that we don't approve this, we will have to keep the
remains free to open and operational to dispatch until the new equipment arrives and can be installed in
the new building. With the police building's projected completion of November, in truth they will
probably not be able to move in until the first quarter of the new year. In general, this is a necessary in
order to keep an orderly operation of the town. Being sensitive to the fact that this is a large capital
project, and the public is not being afforded the ability to vote on it – the Charter does permit the
Council to approve $1.5 million. In speaking with the consultant, the CIP this year calls out for $2.5
million and is really what is necessary to move this project forward. The balance of the funds will
probably not be spent until later next year, i.e July of 2021. In consideration of the Governor's order, the
First Selectman proposed this amendment to the resolution and feels that it will be more appropriate
after further consideration that we approve the year one amount. Then either in November or next April,
the public will have the opportunity to vote on the balance.
Ms. DeStefano asked the First Selectman if the $2.5 million is appropriated, what would be our ability to
use our purchase if the second portion wouldn't get passed - would there be any utilizing of that
equipment. The First Selectman replied that, yes, it would allow us to replace the equipment in dispatch.
Even though we will be changing over to an all digital system, it would still allow us to communicate
with the existing police, fire and EMS radios. It would improve coverage modestly. It is a project that is
absolutely necessary, but he doesn't feel that he could request the Council to approve it all now simply
because the whole thing may not pass. We will endanger a lot of good will towards the project by
handling it the right way rather than having the public feel that we've over reached on moneys that we
won't be spending until later next year. The First Selectman continued by saying that we are blessed to
have a large volunteer contingency that will be involved with this and go out to advocate for the project.
He reiterated that we are not compromising the project, we are basically saying that we can get public
inset on this before we spend the next traunch.
Ms. DeStefano moved to amend the motion and reduce the appropriation to $2.5 million instead of the
original amount. Seconded by Mr. Eide. All in favor. Motion passes (12-0).
Mr. Knapp noted that we are all disappointed that we cannot have a referendum this year. While we
cannot have a referendum, he suggested why we couldn't have an outreach system to the voters like what
has been done in the past. The spirit of the charter is to get voter input. He proposes pushing this two
weeks and make an effort with outreach using electronic means. Including non-advocacy information
that would normally be distributed and allowing groups to raise awareness. Although these items are
listed on the posted agendas and the public is allowed to call in and be a part of these meetings, he
believes people are very distracted right now and putting in the extra effort at this time could make a
difference.
Mr. Wiedemann asked the First Selectman if this is something absolutely necessary that we need to vote
on tonight from a financial perspective or would it not harm anything to hold it an additional two weeks.
The First Selectman replied that he is sensitive to Mr. Knapp's point, which is why he proposed this
amendment. The information has been out there for quite some time, articles have been posted in the
Bee and Voices. He supposes we could wait if need be but it would also be a challenge to put together
non-advocacy materials to distribute within two weeks.
Ms. DeStefano would prefer to wait and reach out to voters as well, but in reality, because we can't poll
people they may not receive enough response. However, she tends to agree that she doesn't believe that
we will get more input at this point.
Ms. Bloom reiterated that this is a public safety issue and feels that the public would appreciate it more
if we went about this in the modified version as proposed by the First Selectman.
Mr. Smith felt that Mr. Knapp's suggestion to push it off may not be such a bad idea.
Mr. Lundquist confirmed that, we as the Legislative Council, would not be the ones putting forth any
non-advocacy materials. These projects were voted to send to referendum back on February 5 th. While
he is sensitive to Mr. Knapp's concerns, he noted that no one has been talking about it, and he's not sure
any difference could be made at this point in time.
Mr. Clure asked to confirm whether the news outlets had it noted that the public was not going to be able
to vote on it. The First Selectman and Mr. Lundquist both confirmed that the Newtown Bee published it
electronically and Voices had it published in print.
Mr. Wiedemann said that it's not a question of whether or not we support this project and whether there
is no harm in waiting. The First Selectman said there may not be harm in waiting for the radio project. In
regards to the EDA grant for the sewer project, he cannot speak to the fact that it can wait an additional 2
weeks.
Mr. Carroll agrees with both sides but in lieu of having these things at our meetings for months and prior
to Covid, no one came out to voice their opinion. He doesn't feel that we will get a different response.
He does not see value in waiting and would not want to risk losing the grant for Fairfield Hills.
Mr. Knapp concluded that he will still support these motions but he is merely advocating this as his
general discomfort with what the Executive Order allows them to do in relation to the Charter. He does
not feel that we should delay it if no one else is in agreement.
“Resolution Providing For A Special Appropriation In The Amount Of $1,829,963 For The Planning,
Design, Engineering, Reconstruction And Construction Of Fairfield Hills Sewer Infrastructure
Improvements As Authorized In The Capital Improvement Plan (2020-21) And Authorizing The
Issuance Of $1,829,963 Bonds Of The Town To Meet Said Special Appropriation And Pending The
Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, a copy of which is
available on the town website, said special appropriation was initiated by the First Selectman in a letter
dated February 18, 2020, a copy of which is available on the town website, in accordance with Chapter
6, Section 6-35 of the Town Charter and without a Referendum pursuant to Governor Lamont’s
Executive Order No. 7S, Section 7.
Ms. DeStefano introduced the Resolution entitled “Resolution Providing For A Special Appropriation In
The Amount Of $1,829,963 For The Planning, Design, Engineering, Reconstruction And Construction
Of Fairfield Hills Sewer Infrastructure Improvements As Authorized In The Capital Improvement Plan
(2020-21) And Authorizing The Issuance Of $1,829,963 Bonds Of The Town To Meet Said Special
Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such
Purpose”, a copy of which is available on the town website, said special appropriation was initiated by
the First Selectman in a letter dated February 18, 2020, a copy of which is available on the town website,
in accordance with Chapter 6, Section 6-35 of the Town Charter and moved that said resolution be
adopted as introduced and read without a Referendum pursuant to Governor Lamont’s Executive Order
No. 7S, Section 7. Seconded by Mr. Honan. All in favor. Motion passes (12-0). See attachment C.
First Selectman Rosenthal noted that the portion of the Governor's Executive Order which is addressed
with this project is the risk of losing the $914,000 grant from EDA. To confirm, this is a project where
we were awarded this grant and the Council went through the grant approval process back in the Fall,
but the EDA awarded it too late for us to get it on the November ballot. The EDA was expecting us to
get it on the November ballot, however we could not get our match and affirmation until April. Because
of this, he is quite certain that we cannot wait to vote on this project. He confirmed that this will not be
paid by general taxation but through assessments.
“Resolution Providing For A Special Appropriation In The Amount Of $750,000 For The Planning,
Design, Engineering, Reconstruction And Construction Of Town Roads As Authorized In The Capital
Improvement Plan (2020-21) And Authorizing The Issuance Of $750,000 Bonds Of The Town To Meet
Said Special Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings
For Such Purpose”, a copy of which is available on the town website, said special appropriation was
initiated by the First Selectman in a letter dated February 18, 2020, a copy of which is available on the
town website, in accordance with Chapter 6, Section 6-35 of the Town Charter.
Ms. DeStefano introduced the Resolution entitled “Resolution Providing For A Special Appropriation In
The Amount Of $750,000 For The Planning, Design, Engineering, Reconstruction And Construction Of
Town Roads As Authorized In The Capital Improvement Plan (2020-21) And Authorizing The Issuance
Of $750,000 Bonds Of The Town To Meet Said Special Appropriation And Pending The Issuance
Thereof The Making Of Temporary Borrowings For Such Purpose”, a copy of which is available on the
town website, said special appropriation was initiated by the First Selectman in a letter dated February
18, 2020, a copy of which is available on the town website, in accordance with Chapter 6, Section 6-35
of the Town Charter and moved that said resolution be adopted as introduced and read without a
Referendum pursuant to Chapter 6, Section 6-35 of the Town Charter. Seconded by Mr. Honan. All in
favor. Motion passes (12-0). See attachment D.
“Resolution Providing For A Special Appropriation In The Amount Of $300,000 For The Planning,
Design And Engineering Of Ventilation And HVAC Renovations To Hawley School As Authorized In
The Capital Improvement Plan (2020-21) And Authorizing The Issuance Of $300,000 Bonds Of The
Town To Meet Said Special Appropriation And Pending The Issuance Thereof The Making Of
Temporary Borrowings For Such Purpose”, a copy of which is available on the town website, said
special appropriation was initiated by the First Selectman in a letter dated February 18, 2020, a copy of
which is available on the town website, in accordance with Chapter 6, Section 6-35 of the Town Charter.
Mr. Lundquist explained that this project is still being discussed on how it will be funded. Essentially the
BOE is the primary group that needs to act on it. Ms. Ku reported that the BOE did meet and is in favor
of using the $300,000 from the education non-lapsing account but is dependent on the BOF discussing
and approving it at this point. No action would be taken on it at this time. See attachment E.
VOTER COMMENT: None
ANNOUNCEMENTS: The First Selectman announced that they are close to a resolution on the Community
Center, and may need to hold a special BOS meeting within the next two weeks.
ADJOURNMENT: There being no further business, Mr. Wiedemann moved to adjourn the meeting at 9:08
p.m. Seconded by Ms. Reiss.
Respectfully submitted,
Rina Quijano, Clerk
THESE MINUTES ARE SUBJECT TO APPROVAL BY THE LEGISLATIVE COUNCIL
AT THE NEXT MEETING.
Attachment A
Submitted on Monday, April 27, 2020 - 9:03am
Your name: Willaim A. Pelletreau
Your e-mail address: wpellellc@aol.com
Subject: Noise Ord.
Message:
Please amend the Noise Ord. to include private and commercial leaf blowers.
The noise these machines make is deafening. There is a constant din from them
every day of the week . The advancements that have been made in baffling and
noise reduction are substantial and the citizens of Newtown need relief .
Stop the noise, please.
Submitted on Sunday, April 26, 2020 - 5:02pm
Your name: Anthony R. Filiato, Esq.
Your e-mail address: tonyfiliato@ymail.com
Subject: Referendum For Bonding
Message:
Dear Legislative Council:
Thank you for your continued work on behalf of our Town through these
difficult times. Moreover, thank you for your thoughtful approach to the
budget in light of the fact that the residents of the Town will not have the
opportunity to vote on its passage. Clearly, the Town requires a budget and
under the circumstances a flat budget is the only sensible choice considering
the lack of a public vote.
However, I am dismayed that the Council is even considering voting on bonding
items that under normal circumstances would be placed before the residents by
referendum. The residents of this Town after much work and deliberation
recently voted to amend the Town Charter to deny the Legislative Council this
very power. The four items that would have gone to referendum are not
urgent. They are certainly not urgent enough to override the will of the
Town’s residents who placed the power of passage in their own hands. In
short, the residents did not and do not want the Council to possess this power.
Moreover, certain of the items are controversial and would face opposition in
a referendum. In particular, there are those in Town who believe that in
light of enrolment figures not seen since 1975, that rather than investing $4
million dollars in Hawley, that it should be closed. By voting on $300k this
cycle the Council could very well be spending money to no purpose.
These items can and should be delayed until they can be placed before the
voters as per the Charter. I understand that the Governor has granted
Legislative Council the legal ability to pass the bonding items; however,
just because something is technically legal does not make it right.
Thank you for your consideration.
Best Regards,
Tony Filiato
24 Washbrook Road
Newtown, CT 06470
From: Steve Hinden <steve.hinden@gmail.com>
Date: Thu, Apr 23, 2020 at 7:15 PM
Subject: Re: Form submission from: Contact Michelle Embree Ku
To: Daniel Rosenthal <dancrosenthal@gmail.com>
Cc: Ku, Michelle <kum_boe@newtown.k12.ct.us>, Paul Lundquist <plundquist.new-
town@gmail.com>, Sandy Roussas <sandyroussasBOF@gmail.com>
Dan, your response disappointments me on three levels:
1) you still haven’t responded to the questions I posed in my original email yesterday,
including, what is the plan if distancing persists. I don’t think “we will cross that bridge
when we come to it” is a good strategy, so knowing what plans A, B and C are sooner
rather than later is critical.
2) you did not respond to the question I posed in my email today, which is how will we
address the fact that we are covering operational budgets outside of ongoing revenue, in-
stead relying on a one-time FEMA reimbursement that I believe was meant for the general
fund.
3) your “spare me” dismissive response, when I am expressing concern about using those
one-time funds to support operational needs, and the impact that will have on the later
years when that gap will have to be made up on an ongoing basis (and so can be reason-
ably construed as financial manipulation of operational budgets), is not worthy of your
role in responding to constituents, and I don’t understand why you seem to have taken it
personally. I appreciate the positive impact on taxpayers this year, so I am not suggesting
it is the wrong move, only that it needs to be said NOW that this approach will have an
impact on budget growth in later years. If that has already been expressed and acknowl-
edged, I think that’s great and I hope it is noted on the record, but it is not apparent from
what you or anyone else has said in these responses.
All, please also consider this communications to your respective boards. Thanks.
-- Steve
On Apr 23, 2020, at 4:42 PM, Daniel Rosenthal <dancrosenthal@gmail.com> wrote:
Manipulation, Steve? Spare me. Both budgets are being funded and the taxpayers won’t
have an increase. I’m glad we had the flexibility and I stand by the move.
Best,
Dan
On Apr 23, 2020, at 3:31 PM, Steve Hinden <steve.hinden@gmail.com> wrote:
From: Steve Hinden <steve.hinden@gmail.com>
Date: Thu, Apr 23, 2020 at 3:31 PM
Subject: Re: Form submission from: Contact Michelle Embree Ku
To: Ku, Michelle <kum_boe@newtown.k12.ct.us>, Daniel Rosenthal <dancrosenthal@
gmail.com>, Paul Lundquist <plundquist.newtown@gmail.com>, Sandy Roussas <san-
dyroussasbof@gmail.com>
Sounds to me like manipulation. Now the BOE budget next year has a 450k lower starting
point, so year on year increases look higher to voters. Or am I missing something? All,
please consider this as communications to your respective boards.
-- Steve
On Apr 23, 2020, at 2:29 PM, Ku, Michelle <kum_boe@newtown.k12.ct.us> wrote:
Steve,
Thank you for weighing in on the budget and the flexibility that we will need in the com-
ing year. You are right to be concerned and are not alone. In the last couple of weeks, there
has been increasing focus within the education community about sufficient funding to ad-
dress public health concerns as well as academic challenges next year. There are efforts at
the state level to form regional task forces to help in planning. Unfortunately, many towns
are passing budgets now and have already made reductions to budgets in anticipation of
an economic downturn.
The Legislative Council adjusted the budgets last evening and will seek public comment
on the proposal. Essentially, the BOE-requested budget has been reduced by $100,000
(by the BOF), and $450,000 (by the LC), with $450,000 then allocated to the BOE
from FEMA money to make up for the LC reduction. Personally, I support this proposal
(though, I think it would have been more clean to have simply changed the revenues
rather than the spending - but the outcome is similar).
As you may know, the BOE is projecting a significant surplus at the end of this fiscal
year as a result of the COVID crisis. Unfortunately, the crisis does not pay attention to
the fiscal year. The BOE’s ability to access this year’s surplus for next year’s expenses is
dependent on the BOF and their willingness to allow the BOE to deposit the surplus into
the education non-lapsing account. In July and August is when this transfer will be consid-
ered, and I suggest that a reminder from you and others about the importance of education
and the ability to respond to the crisis will be of substantial importance.
Thank you for taking the time to write,
Michelle Embree Ku
Newtown Board of Education, Chair
203-364-9862
Submitted on Wednesday, April 22, 2020 - 7:39am
Your Name: : Steve Hinden
Your e-mail address: steve.hinden@gail.com
Subject: Budget questions for consideration
Message:
Dear Dr. Ku, please share this with your other BOE members (there was no “email all”
option on the website). Thanks.
First, I want to thank you all for your service to the community during these challenging
times. As mostly volunteers, the demands on you are undoubtedly more than could have
been anticipated, and I am grateful for the time and thoughtfulness you are bringing to our
community.
As we look ahead, there continues to be great uncertainty about how long,distancing will
persist. There are many trade offs, including being responsive to the economic stress our
community is facing, and I understand that any budget savings can have a direct impact in
relieving that stress.
However, I would like to understand how you are factoring into these considerations the
needs of the community if distancing continues into 2021 or beyond, should effective
treatments or vaccines for COVID-19 remain elusive (as seems to be likely, at least into
2021). Specifically:
1. Is the BOE budget sufficient to address effective distance learning, particularly for
special education needs? Will additional funds, or non lapsing funds, be directed here? Is
there a strategy to improve these capabilities for what might be a longer time horizon than
initially planned? Has the feedback been sought, obtained and considered from parents,
teachers and students, on how well distance learning has worked and what needs to be
improved? Have you considered the potential exposure to costs and liability if our current
efforts are not improved?
2. Is the town budget sufficient to address distance operations, particularly video meeting
capability, including recordings (ours is not up to the standards and needs of the times)
and phone line availability and reliability?
3. Generally, as you think about redeploying “savings” from this year’s distancing efforts,
have you considered the balance between returning to taxpayers and positioning our town
to deliver on needs and services that may require significant investments? Have those
required investments been identified and quantified? In sum, is there a plan if distancing is
not short term?
I realize that these questions have likely already been raised, but when we hear rumors of
a budget that has already been approved by the BOF being re-examined for a zero increase
year on year, I get concerned that the questions raised above are getting short shrift.
Thank you again for your service and considerations of these issues. And I hope you are
all managing these times well and are staying healthy.
Steve Hinden 25 Horseshoe Ridge Road
Attachment B
RESOLUTION PROVIDING FOR A SPECIAL APPROPRIATION IN
THE AMOUNT OF $7,541,933 FOR EMERGENCY RADIO SYSTEM
UPGRADES AS AUTHORIZED IN THE CAPITAL IMPROVEMENT
PLANS (2020-21 TO 2021-22) AND AUTHORIZING THE
ISSUANCE OF $7,541,933 BONDS OF THE TOWN TO MEET SAID
SPECIAL APPROPRIATION AND PENDING THE ISSUANCE
THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR
SUCH PURPOSE
RESOLVED:
Section 1. The sum of $7,541,933 is a special appropriation made pursuant to Chapter 6,
Section 6-35 of the Town Charter of the Town of Newtown (the “Town”) for the acquisition and installation
of emergency radio system upgrades, all pursuant to the Emergency Radio System Upgrades as authorized in
the (2020-21 to 2021-22) Capital Improvement Plans, and for administrative, financing, legal and costs of
issuance related thereto (collectively, the “Project”), said appropriation to be inclusive of any and all State,
Federal or other grants-in-aid thereof.
Section 2. To meet said appropriation, $7,541,933 bonds of the Town, or so much thereof as
shall be necessary for such purpose, shall be issued, maturing not later than the maximum maturity permitted
by the General Statutes of the State of Connecticut, as amended from time to time (the “Connecticut General
Statutes”). The bonds may be issued in one or more series as determined by the Financial Director, and the
amount of bonds of each series to be issued shall be fixed by the Financial Director, in the amount necessary
to meet the Town’s share of the cost of the Project determined after considering the estimated amount of
State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the
anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued
shall not be less than an amount which will provide funds sufficient with other funds available for such
purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of
the proceeds of the bonds outstanding at the time of the issuance thereof, and to pay for the costs of issuance
of such bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in
fully registered form, be executed in the name and on behalf of the Town by the facsimile or manual
signatures of the First Selectman and the Financial Director, bear the Town seal or a facsimile thereof, be
certified by a bank or trust company, which bank or trust company may be designated the registrar and
transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson &
Cole LLP, Attorneys-at-Law, of Hartford, Connecticut. The bonds shall be general obligations of the Town
and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied
with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of
the Town are pledged to the payment of the principal thereof and interest thereon. The aggregate principal
amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if
any, the date, time of issue and sale and other terms, details and particulars of such bonds including approval
of the rate or rates of interest shall be determined by the First Selectman and the Financial Director, in
accordance with the Connecticut General Statutes.
Section 3. Said bonds shall be sold by the First Selectman and the Financial Director in a
competitive offering and the bonds shall be sold at not less than par and accrued interest on the basis of the
lowest net or true interest cost to the Town. To the extent required by the Charter of the Town of Newtown,
bids shall be solicited from at least three lending institutions. A notice of sale or a summary thereof
describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days
in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to
financial news and the subject of state and municipal bonds.
Section 4. The First Selectman and the Financial Director are authorized to make temporary
borrowings in anticipation of the receipt of the proceeds of said bonds. Notes evidencing such borrowings
shall be signed by the First Selectman and the Financial Director, have the seal of the Town affixed, be
20383778-v3
payable at a bank or trust company designated by the First Selectman, be approved as to their legality by
Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust company
designated by the First Selectman pursuant to Section 7-373 of the Connecticut General Statutes. They shall
be issued with maturity dates which comply with the provisions of the Connecticut General Statutes
governing the issuance of such notes, as the same may be amended from time to time. The notes shall be
general obligations of the Town and each of the notes shall recite that every requirement of law relating to its
issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and
that the full faith and credit of the Town are pledged to the payment of the principal thereof and 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 the proceeds of such renewals or said bonds, shall be
included as a cost of the Project. Upon the sale of the bonds, the proceeds thereof, to the extent required,
shall be applied forthwith to the payment of the principal of and the interest on any such notes then
outstanding or shall be deposited with a bank or trust company in trust for such purpose.
Section 5. The First Selectman is authorized in the name and on behalf of the Town to apply
for and accept any and all Federal and State loans and/or any grants-in-aid of the Project and is further
authorized to expend said funds in accordance with the terms hereof and in connection therewith, to contract
in the name of the Town with engineers, contractors and others.
Section 6. The Town hereby expresses its official intent pursuant to Section 1.150-2 of the
Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days
prior to and any time after the date of passage of this resolution in the maximum amount and for the Project
with the proceeds of bonds or bond anticipation notes or other obligations (“Tax-Exempt Obligations”)
authorized to be issued by the Town. The Tax-Exempt Obligations shall be issued to reimburse such
expenditures not later than 18 months after the later of the date of the expenditure or the substantial
completion of the Project, or such later date the Regulations may authorize. The Issuer hereby certifies that
the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The
Financial Director or his designee is authorized to pay Project expenses in accordance herewith pending the
issuance of Tax-Exempt Obligations, and to amend this declaration.
Section 7. The First Selectman and the Financial Director are hereby authorized, on behalf
of the Town, to enter into agreements or otherwise covenant for the benefit of bondholders to provide
information on an annual or other periodic basis to the Municipal Securities Rulemaking Board (the
“MSRB”) and to provide notices to the MSRB of material events as enumerated in Securities and
Exchange 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 this resolution. Any agreements or
representations to provide information to the MSRB made prior hereto are hereby confirmed, ratified and
approved.
Section 8. The First Selectman is hereby authorized, on behalf of the Town, to enter into any
other agreements, instruments, documents and certificates, including tax and investment agreements, for the
consummation of the transactions contemplated by this resolution.
Section 9. This resolution shall become effective upon its approval by the Legislative
Council of the Town in accordance with Governor Lamont’s Executive Order No. 7S, issued April 1,
2020. The Legislative Council hereby finds that such approval, without a duly warned referendum
pursuant to Chapter 6, Section 6-35 of the Town Charter, is necessary to permit the orderly operation of
the Town and that there is a need to act immediately and during the duration of the public health and civil
preparedness emergency in order to avoid endangering public health and welfare, prevent significant
financial loss, or that action is otherwise necessary for the protection of persons and property within the
Town.
Attachment C
RESOLUTION PROVIDING FOR A SPECIAL APPROPRIATION IN
THE AMOUNT OF $1,829,963 FOR THE PLANNING, DESIGN,
ENGINEERING, RECONSTRUCTION AND CONSTRUCTION OF
FAIRFIELD HILLS SEWER INFRASTRUCTURE IMPROVEMENTS
AS AUTHORIZED IN THE CAPITAL IMPROVEMENT PLAN (2020-
21) AND AUTHORIZING THE ISSUANCE OF $1,829,963 BONDS
OF THE TOWN TO MEET SAID SPECIAL APPROPRIATION AND
PENDING THE ISSUANCE THEREOF THE MAKING OF
TEMPORARY BORROWINGS FOR SUCH PURPOSE
RESOLVED:
Section 1. The sum of $1,829,963 is a special appropriation made pursuant to Chapter 6,
Section 6-35 of the Town Charter of the Town of Newtown (the “Town”) for the planning, design,
engineering, reconstruction and construction of new Town sewer mains, all pursuant to the Fairfield Hills
Sewer Infrastructure Improvement Project as authorized in the Capital Improvement Plan (2020-21), and for
administrative, financing, legal and costs of issuance related thereto (collectively, the “Project”), said
appropriation to be inclusive of any and all State, Federal or other grants-in-aid thereof.
Section 2. To meet said appropriation, $1,829,963 bonds of the Town, or so much thereof as
shall be necessary for such purpose, shall be issued, maturing not later than the maximum maturity permitted
by the General Statutes of the State of Connecticut, as amended from time to time (the “Connecticut General
Statutes”). The bonds may be issued in one or more series as determined by the Financial Director, and the
amount of bonds of each series to be issued shall be fixed by the Financial Director, in the amount necessary
to meet the Town’s share of the cost of the Project determined after considering the estimated amount of
State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the
anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued
shall not be less than an amount which will provide funds sufficient with other funds available for such
purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of
the proceeds of the bonds outstanding at the time of the issuance thereof, and to pay for the costs of issuance
of such bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in
fully registered form, be executed in the name and on behalf of the Town by the facsimile or manual
signatures of the First Selectman and the Financial Director, bear the Town seal or a facsimile thereof, be
certified by a bank or trust company, which bank or trust company may be designated the registrar and
transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson &
Cole LLP, Attorneys-at-Law, of Hartford, Connecticut. The bonds shall be general obligations of the Town
and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied
with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of
the Town are pledged to the payment of the principal thereof and interest thereon. The aggregate principal
amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if
any, the date, time of issue and sale and other terms, details and particulars of such bonds including approval
of the rate or rates of interest shall be determined by the First Selectman and the Financial Director, in
accordance with the Connecticut General Statutes.
Section 3. Said bonds shall be sold by the First Selectman and the Financial Director in a
competitive offering and the bonds shall be sold at not less than par and accrued interest on the basis of the
lowest net or true interest cost to the Town. To the extent required by the Charter of the Town of Newtown,
bids shall be solicited from at least three lending institutions. A notice of sale or a summary thereof
describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days
in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to
financial news and the subject of state and municipal bonds.
Section 4. The First Selectman and the Financial Director are authorized to make temporary
borrowings in anticipation of the receipt of the proceeds of said bonds. Notes evidencing such borrowings
20383796-v4
shall be signed by the First Selectman and the Financial Director, have the seal of the Town affixed, be
payable at a bank or trust company designated by the First Selectman, be approved as to their legality by
Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust company
designated by the First Selectman pursuant to Section 7-373 of the Connecticut General Statutes. They shall
be issued with maturity dates which comply with the provisions of the Connecticut General Statutes
governing the issuance of such notes, as the same may be amended from time to time. The notes shall be
general obligations of the Town and each of the notes shall recite that every requirement of law relating to its
issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and
that the full faith and credit of the Town are pledged to the payment of the principal thereof and 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 the proceeds of such renewals or said bonds, shall be
included as a cost of the Project. Upon the sale of the bonds, the proceeds thereof, to the extent required,
shall be applied forthwith to the payment of the principal of and the interest on any such notes then
outstanding or shall be deposited with a bank or trust company in trust for such purpose.
Section 5. The First Selectman is authorized in the name and on behalf of the Town to apply
for and accept any and all Federal and State loans and/or any grants-in-aid of the Project and is further
authorized to expend said funds in accordance with the terms hereof and in connection therewith, to contract
in the name of the Town with engineers, contractors and others. To meet any portion of the costs of the
Project determined by the State of Connecticut Department of Energy and Environmental Protection to be
eligible for funding under Section 22a-475 et seq. of the Connecticut General Statutes, as the same may
be amended from time to time (the “Clean Water Fund Program”), the Town is authorized to and may
issue interim funding obligations in anticipation of project loan obligations and project loan obligations
(collectively, the “Clean Water Fund Obligations”) in such denominations as the First Selectman and the
Financial Director shall determine. Clean Water Fund Obligations and Project Loan and Grant
Agreements under the Clean Water Fund Program, and any other instruments, agreements or certificates
required under the Clean Water Fund Program shall be executed in the name and on behalf of the Town
by the manual or facsimile signatures of the First Selectman and the Financial Director, and bear the
Town seal or a facsimile thereof. The aggregate principal amount of the Clean Water Fund Obligations to
be issued, the dated date, final maturity, rate or rates of interest, the date, time of issue and sale and all
other terms, details and particulars of such Clean Water Fund Obligations, subject to the provisions of the
Clean Water Fund Program, shall be determined by the First Selectman and the Financial Director. Said
Clean Water Fund Obligations may be secured as to both principal and interest by the full faith and credit
of the Town and/or by special revenues of the Town pledged therefor in accordance with the Clean Water
Fund Program, the Town’s Charter and Connecticut General Statutes. Each of the Clean Water Fund
Obligations shall recite that every requirement of law relating to its issue has been duly complied with
and that such obligation is within every debt and other limit prescribed by law.
Section 6. The Town hereby expresses its official intent pursuant to Section 1.150-2 of the
Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days
prior to and any time after the date of passage of this resolution in the maximum amount and for the Project
with the proceeds of bonds or bond anticipation notes or other obligations (“Tax-Exempt Obligations”)
authorized to be issued by the Town. The Tax-Exempt Obligations shall be issued to reimburse such
expenditures not later than 18 months after the later of the date of the expenditure or the substantial
completion of the Project, or such later date the Regulations may authorize. The Issuer hereby certifies that
the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The
Financial Director or his designee is authorized to pay Project expenses in accordance herewith pending the
issuance of Tax-Exempt Obligations, and to amend this declaration.
Section 7. The First Selectman and the Financial Director are hereby authorized, on behalf
of the Town, to enter into agreements or otherwise covenant for the benefit of bondholders to provide
information on an annual or other periodic basis to the Municipal Securities Rulemaking Board (the
“MSRB”) and to provide notices to the MSRB of material events as enumerated in Securities and
Exchange 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 this resolution. Any agreements or
representations to provide information to the MSRB made prior hereto are hereby confirmed, ratified and
approved.
Section 8. The First Selectman is hereby authorized, on behalf of the Town, to enter into any
other agreements, instruments, documents and certificates, including tax and investment agreements, for the
consummation of the transactions contemplated by this resolution.
Section 9. This resolution shall become effective upon its approval by the Legislative
Council of the Town in accordance with Governor Lamont’s Executive Order No. 7S, issued April 1,
2020. The Legislative Council hereby finds that such approval, without a duly warned referendum
pursuant to Chapter 6, Section 6-35 of the Town Charter, is necessary to permit the orderly operation of
the Town and that there is a need to act immediately and during the duration of the public health and civil
preparedness emergency in order to avoid endangering public health and welfare, prevent significant
financial loss, or that action is otherwise necessary for the protection of persons and property within the
Town.
Attachment D
RESOLUTION PROVIDING FOR A SPECIAL APPROPRIATION IN
THE AMOUNT OF $750,000 FOR THE PLANNING, DESIGN,
ENGINEERING, RECONSTRUCTION AND CONSTRUCTION OF
TOWN ROADS AS AUTHORIZED IN THE CAPITAL
IMPROVEMENT PLAN (2020-21) AND AUTHORIZING THE
ISSUANCE OF $750,000 BONDS OF THE TOWN TO MEET SAID
SPECIAL APPROPRIATION AND PENDING THE ISSUANCE
THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR
SUCH PURPOSE
RESOLVED:
Section 1. The sum of $750,000 is a special appropriation made pursuant to Chapter 6, Section
6-35 of the Town Charter of the Town of Newtown (the “Town”) for the planning, design, engineering,
reconstruction and construction of Town roads, including, but not limited to, pavement, curbs, drainage,
grinding and overlay, micropaving, chipsealing and cracksealing, and other road improvements, all pursuant
to the Capital Road Program as authorized in the Capital Improvement Plan (2020-21), and for
administrative, financing, legal and costs of issuance related thereto (collectively, the “Project”), said
appropriation to be inclusive of any and all State, Federal or other grants-in-aid thereof.
Section 2. To meet said appropriation, $750,000 bonds of the Town, or so much thereof as
shall be necessary for such purpose, shall be issued, maturing not later than the maximum maturity permitted
by the General Statutes of the State of Connecticut, as amended from time to time (the “Connecticut General
Statutes”). The bonds may be issued in one or more series as determined by the Financial Director, and the
amount of bonds of each series to be issued shall be fixed by the Financial Director, in the amount necessary
to meet the Town’s share of the cost of the Project determined after considering the estimated amount of
State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the
anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued
shall not be less than an amount which will provide funds sufficient with other funds available for such
purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of
the proceeds of the bonds outstanding at the time of the issuance thereof, and to pay for the costs of issuance
of such bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in
fully registered form, be executed in the name and on behalf of the Town by the facsimile or manual
signatures of the First Selectman and the Financial Director, bear the Town seal or a facsimile thereof, be
certified by a bank or trust company, which bank or trust company may be designated the registrar and
transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson &
Cole LLP, Attorneys-at-Law, of Hartford, Connecticut. The bonds shall be general obligations of the Town
and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied
with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of
the Town are pledged to the payment of the principal thereof and interest thereon. The aggregate principal
amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if
any, the date, time of issue and sale and other terms, details and particulars of such bonds including approval
of the rate or rates of interest shall be determined by the First Selectman and the Financial Director, in
accordance with the Connecticut General Statutes.
Section 3. Said bonds shall be sold by the First Selectman and the Financial Director in a
competitive offering and the bonds shall be sold at not less than par and accrued interest on the basis of the
lowest net or true interest cost to the Town. To the extent required by the Charter of the Town of Newtown,
bids shall be solicited from at least three lending institutions. A notice of sale or a summary thereof
describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days
in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to
financial news and the subject of state and municipal bonds.
20383773-v3
Section 4. The First Selectman and the Financial Director are authorized to make temporary
borrowings in anticipation of the receipt of the proceeds of said bonds. Notes evidencing such borrowings
shall be signed by the First Selectman and the Financial Director, have the seal of the Town affixed, be
payable at a bank or trust company designated by the First Selectman, be approved as to their legality by
Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust company
designated by the First Selectman pursuant to Section 7-373 of the Connecticut General Statutes. They shall
be issued with maturity dates which comply with the provisions of the Connecticut General Statutes
governing the issuance of such notes, as the same may be amended from time to time. The notes shall be
general obligations of the Town and each of the notes shall recite that every requirement of law relating to its
issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and
that the full faith and credit of the Town are pledged to the payment of the principal thereof and 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 the proceeds of such renewals or said bonds, shall be
included as a cost of the Project. Upon the sale of the bonds, the proceeds thereof, to the extent required,
shall be applied forthwith to the payment of the principal of and the interest on any such notes then
outstanding or shall be deposited with a bank or trust company in trust for such purpose.
Section 5. The First Selectman is authorized in the name and on behalf of the Town to apply
for and accept any and all Federal and State loans and/or any grants-in-aid of the Project and is further
authorized to expend said funds in accordance with the terms hereof and in connection therewith, to contract
in the name of the Town with engineers, contractors and others.
Section 6. The Town hereby expresses its official intent pursuant to Section 1.150-2 of the
Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days
prior to and any time after the date of passage of this resolution in the maximum amount and for the Project
with the proceeds of bonds or bond anticipation notes or other obligations (“Tax-Exempt Obligations”)
authorized to be issued by the Town. The Tax-Exempt Obligations shall be issued to reimburse such
expenditures not later than 18 months after the later of the date of the expenditure or the substantial
completion of the Project, or such later date the Regulations may authorize. The Issuer hereby certifies that
the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The
Financial Director or his designee is authorized to pay Project expenses in accordance herewith pending the
issuance of Tax-Exempt Obligations, and to amend this declaration.
Section 7. The First Selectman and the Financial Director are hereby authorized, on behalf
of the Town, to enter into agreements or otherwise covenant for the benefit of bondholders to provide
information on an annual or other periodic basis to the Municipal Securities Rulemaking Board (the
“MSRB”) and to provide notices to the MSRB of material events as enumerated in Securities and
Exchange 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 this resolution. Any agreements or
representations to provide information to the MSRB made prior hereto are hereby confirmed, ratified and
approved.
Section 8. The First Selectman is hereby authorized, on behalf of the Town, to enter into any
other agreements, instruments, documents and certificates, including tax and investment agreements, for the
consummation of the transactions contemplated by this resolution.
Section 9. This resolution shall become effective upon its approval by the Legislative
Council of the Town in accordance with Chapter 6, Section 6-35 of the Town Charter.
Attachment E
RESOLUTION PROVIDING FOR A SPECIAL APPROPRIATION IN
THE AMOUNT OF $300,000 FOR THE PLANNING, DESIGN AND
ENGINEERING OF VENTILATION AND HVAC RENOVATIONS
TO HAWLEY SCHOOL AS AUTHORIZED IN THE CAPITAL
IMPROVEMENT PLAN (2020-21) AND AUTHORIZING THE
ISSUANCE OF $300,000 BONDS OF THE TOWN TO MEET SAID
SPECIAL APPROPRIATION AND PENDING THE ISSUANCE
THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR
SUCH PURPOSE
RESOLVED:
Section 1. The sum of $300,000 is a special appropriation made pursuant to Chapter 6, Section
6-35 of the Town Charter of the Town of Newtown (the “Town”) for the planning, design and engineering of
ventilation and HVAC renovations to Hawley School, all pursuant to the Hawley – Ventilation and HVAC
Renovations – DESIGN as authorized in the Capital Improvement Plan (2020-21), and for administrative,
financing, legal and costs of issuance related thereto (collectively, the “Project”), said appropriation to be
inclusive of any and all State, Federal or other grants-in-aid thereof.
Section 2. To meet said appropriation, $300,000 bonds of the Town, or so much thereof as
shall be necessary for such purpose, shall be issued, maturing not later than the maximum maturity permitted
by the General Statutes of the State of Connecticut, as amended from time to time (the “Connecticut General
Statutes”). The bonds may be issued in one or more series as determined by the Financial Director, and the
amount of bonds of each series to be issued shall be fixed by the Financial Director, in the amount necessary
to meet the Town’s share of the cost of the Project determined after considering the estimated amount of
State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the
anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued
shall not be less than an amount which will provide funds sufficient with other funds available for such
purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of
the proceeds of the bonds outstanding at the time of the issuance thereof, and to pay for the costs of issuance
of such bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in
fully registered form, be executed in the name and on behalf of the Town by the facsimile or manual
signatures of the First Selectman and the Financial Director, bear the Town seal or a facsimile thereof, be
certified by a bank or trust company, which bank or trust company may be designated the registrar and
transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson &
Cole LLP, Attorneys-at-Law, of Hartford, Connecticut. The bonds shall be general obligations of the Town
and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied
with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of
the Town are pledged to the payment of the principal thereof and interest thereon. The aggregate principal
amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if
any, the date, time of issue and sale and other terms, details and particulars of such bonds including approval
of the rate or rates of interest shall be determined by the First Selectman and the Financial Director, in
accordance with the Connecticut General Statutes.
Section 3. Said bonds shall be sold by the First Selectman and the Financial Director in a
competitive offering and the bonds shall be sold at not less than par and accrued interest on the basis of the
lowest net or true interest cost to the Town. To the extent required by the Charter of the Town of Newtown,
bids shall be solicited from at least three lending institutions. A notice of sale or a summary thereof
describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days
in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to
financial news and the subject of state and municipal bonds.
Section 4. The First Selectman and the Financial Director are authorized to make temporary
borrowings in anticipation of the receipt of the proceeds of said bonds. Notes evidencing such borrowings
20383803-v3
shall be signed by the First Selectman and the Financial Director, have the seal of the Town affixed, be
payable at a bank or trust company designated by the First Selectman, be approved as to their legality by
Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust company
designated by the First Selectman pursuant to Section 7-373 of the Connecticut General Statutes. They shall
be issued with maturity dates which comply with the provisions of the Connecticut General Statutes
governing the issuance of such notes, as the same may be amended from time to time. The notes shall be
general obligations of the Town and each of the notes shall recite that every requirement of law relating to its
issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and
that the full faith and credit of the Town are pledged to the payment of the principal thereof and 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 the proceeds of such renewals or said bonds, shall be
included as a cost of the Project. Upon the sale of the bonds, the proceeds thereof, to the extent required,
shall be applied forthwith to the payment of the principal of and the interest on any such notes then
outstanding or shall be deposited with a bank or trust company in trust for such purpose.
Section 5. The First Selectman is authorized in the name and on behalf of the Town to apply
for and accept any and all Federal and State loans and/or any grants-in-aid of the Project and is further
authorized to expend said funds in accordance with the terms hereof and in connection therewith, to contract
in the name of the Town with engineers, contractors and others.
Section 6. The Town hereby expresses its official intent pursuant to Section 1.150-2 of the
Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days
prior to and any time after the date of passage of this resolution in the maximum amount and for the Project
with the proceeds of bonds or bond anticipation notes or other obligations (“Tax-Exempt Obligations”)
authorized to be issued by the Town. The Tax-Exempt Obligations shall be issued to reimburse such
expenditures not later than 18 months after the later of the date of the expenditure or the substantial
completion of the Project, or such later date the Regulations may authorize. The Issuer hereby certifies that
the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The
Financial Director or his designee is authorized to pay Project expenses in accordance herewith pending the
issuance of Tax-Exempt Obligations, and to amend this declaration.
Section 7. The First Selectman and the Financial Director are hereby authorized, on behalf
of the Town, to enter into agreements or otherwise covenant for the benefit of bondholders to provide
information on an annual or other periodic basis to the Municipal Securities Rulemaking Board (the
“MSRB”) and to provide notices to the MSRB of material events as enumerated in Securities and
Exchange 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 this resolution. Any agreements or
representations to provide information to the MSRB made prior hereto are hereby confirmed, ratified and
approved.
Section 8. The First Selectman is hereby authorized, on behalf of the Town, to enter into any
other agreements, instruments, documents and certificates, including tax and investment agreements, for the
consummation of the transactions contemplated by this resolution.
Section 9 This resolution shall become effective upon its approval by the Legislative
Council of the Town in accordance with Chapter 6, Section 6-35 of the Town Charter.
Agenda
3 PRIMROSE STREET
NEWTOWN, CT 06470
TEL. (203) 270-4201
FAX (203) 270-4205
www.newtown-ct.gov
LEGISLATIVE COUNCIL
Agenda
The Legislative Council will hold a regular meeting on Wednesday, May 6, 2020 in Council Chambers at
7:30pm at the Municipal Center, 3 Primrose Street, Newtown, CT.
WE ASK THAT NO MEMBERS OF THE PUBLIC ATTEND THIS MEETING DUE TO
THE COVID-19 SOCIAL DISTANCING PERIOD.
A PUBLIC CALL-IN PHONE NUMBER IS AVAILABLE
FOR REMOTE PARTICIPATION:
929-205-6099
Meeting ID#: 226 258 1093
CALL TO ORDER
SALUTE TO THE FLAG
ROLL CALL
VOTER COMMENT
MINUTES Special Meeting of April 22, 2020
COMMUNICATIONS
COMMITTEE REPORTS
FIRST SELECTMAN’S REPORT
UNFINISHED BUSINESS
Discussion and Possible Action
2020-2021 Municipal and Education Budget
FEMA Reimbursement Allocation
NEW BUSINESS
Discussion and Possible Action
“Resolution Providing For A Special Appropriation In The Amount Of $7,541,933 For
Emergency Radio System Upgrades As Authorized In The Capital Improvement Plans (2020-21
To 2021-22) And Authorizing The Issuance Of $7,541,933 Bonds Of The Town To Meet Said
Special Appropriation And Pending The Issuance Thereof The Making Of Temporary
Borrowings For Such Purpose”, a copy of which is available on the town website, said special
appropriation was initiated by the First Selectman in a letter dated February 18, 2020, a copy of
If you plan to attend this meeting and require assisted hearing devices, please contact the Office of the First
Selectman (203) 270-4201 at least forty-eight (48) hours prior to the meeting.
which is available on the town website, in accordance with Chapter 6, Section 6-35 of the Town
Charter and without a Referendum pursuant to Governor Lamont’s Executive Order No. 7S,
Section 7.
“Resolution Providing For A Special Appropriation In The Amount Of $1,829,963 For
The Planning, Design, Engineering, Reconstruction And Construction Of Fairfield Hills Sewer
Infrastructure Improvements As Authorized In The Capital Improvement Plan (2020-21) And
Authorizing The Issuance Of $1,829,963 Bonds Of The Town To Meet Said Special
Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For
Such Purpose”, a copy of which is available on the town website, said special appropriation was
initiated by the First Selectman in a letter dated February 18, 2020, a copy of which is available
on the town website, in accordance with Chapter 6, Section 6-35 of the Town Charter and
without a Referendum pursuant to Governor Lamont’s Executive Order No. 7S, Section 7.
“Resolution Providing For A Special Appropriation In The Amount Of $750,000 For
The Planning, Design, Engineering, Reconstruction And Construction Of Town Roads As
Authorized In The Capital Improvement Plan (2020-21) And Authorizing The Issuance Of
$750,000 Bonds Of The Town To Meet Said Special Appropriation And Pending The Issuance
Thereof The Making Of Temporary Borrowings For Such Purpose”, a copy of which is available
on the town website, said special appropriation was initiated by the First Selectman in a letter
dated February 18, 2020, a copy of which is available on the town website, in accordance with
Chapter 6, Section 6-35 of the Town Charter.
“Resolution Providing For A Special Appropriation In The Amount Of $300,000 For
The Planning, Design And Engineering Of Ventilation And HVAC Renovations To Hawley
School As Authorized In The Capital Improvement Plan (2020-21) And Authorizing The
Issuance Of $300,000 Bonds Of The Town To Meet Said Special Appropriation And Pending
The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, a copy of
which is available on the town website, said special appropriation was initiated by the First
Selectman in a letter dated February 18, 2020, a copy of which is available on the town website,
in accordance with Chapter 6, Section 6-35 of the Town Charter.
VOTER COMMENT
ANNOUNCEMENTS
ADJOURNMENT
Paul Lundquist
Chairman
If you plan to attend this meeting and require assisted hearing devices, please contact the Office of the First
Selectman (203) 270-4201 at least forty-eight (48) hours prior to the meeting.
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