Town Meeting Minutes - January 17, 2008 (Special)

7:03 p.m. in the Town Hall Meeting Room by First Selectman Woody Bliss. Mr. Bliss introduced the head table said that Judy DeVito, Assistant Town Clerk would be the clerk of the meeting.

Ms. Moch nominated Robert Uzenoff as the Moderator. Margaret Wirtenberg seconded. Ms. Koller nominated Susan Moch as assistant. Maria Kalivas seconded. The vote was unanimous.

Mr. Bliss moved the resolution to reallocate funds between and within the school construction projects approved by the voters at a referendum vote held November 15, 2001 and a Special Town Meeting held March 22, 2007, as presented and available at the meeting. Margaret Wirtenberg seconded.

RESOLUTION TO REALLOCATE FUNDS BETWEEN AND WITHIN THE SCHOOL CONSTRUCTION PROJECTS APPROVED BY THE VOTERS AT A REFERENDUM VOTE HELD NOVEMBER 15, 2001 AND AT A SPECIAL TOWN MEETING HELD MARCH 22, 2007

WHEREAS, at a referendum vote held November 15, 2001, the voters of the Town of Weston approved the following appropriation and bond authorization referendum questions for the following projects (the “Referendum Projects”):

Question 1. $48,265,000 for various capital improvements to the Weston Public Schools and Parks and Recreation Facilities (the “High School/Middle School Project”), allocated as follows:

Question 3. $3,100,000 for the planning, design and construction of a new auditorium for the Weston Middle School (the “Middle School Auditorium Project”).

WHEREAS, at a Special Town Meeting held on May 30, 2002, $700,000 of the $48,265,000 appropriation and bond authorization for the High School/Middle School Project was reallocated to and for the acquisition of an approximately 2.09 acre parcel of land located at 16 Parade Ground Court to accommodate the construction, renovation and field relocation activities on the school campus, and

WHEREAS, at a Special Town Meeting held on March 22, 2007, $2,890,000 of the $3,100,000 appropriation and bonding authorization for the Middle School Auditorium Project was reallocated to and for the Weston High School Roof and Auditorium project (the “High School Roof and Auditorium Project”) (collectively, the Referendum Projects and the High School Roof and Auditorium Project are referred to as the “Projects”), and

WHEREAS, supplemental appropriations to the High School/Middle School Project were made, as follows: 1.) $438,000 supplemental appropriation in January 2006, for legal and consulting settlement costs, and 2.) $500,000 Small Town Economic Assistance Program (STEAP) grant in August, 2004, for a turf field, and

Project	Approved Amount	Expended	Balance
High School/Middle School Project:
High School, Middle School and Hurlbutt Projects	$42,011,000	$43,100,942	($1,089,942)
Septic Improvements	$ 2,042,000	$ 2,398,774	($ 356,774)
Recreation Facilities	$ 5,000,000	$ 4,842,213	$ 157,787
Administrative, Financing and Bond Issuance Costs	$ 150,000	incl. above	$ 150,000
SUBTOTAL	$49,203,000	$50,341,929	($1,138,929)

New 3-5 School Project	$28,070,000	$26,648,763	$ 1,421,237
Middle School Auditorium Project	$ 210,000	$ 209,466	$ 534
High School Roof and Auditorium Project	$ 2,890,000	$ 1,609,250	$ 1,280,750
TOTAL	$80,373,000	$78,809,408	$1,563,592

NOW, THEREFORE, BE IT RESOLVED, that the Town of Weston reallocate amounts between the Projects and within the High School/Middle School Project, as follows:

Project	Approved Amount	Reallocation: Increase/ (Decrease)	Revised Amount	Expended	Revised Balance
High School/Middle School Project:
High School, Middle School and Hurlbutt Projects	$42,011,000	$1,089,942	$43,100,942	$43,100,942	-0-
Septic Improvements	$ 2,042,000	$ 356,774	$ 2,398,774	$ 2,398,774	-0-
Recreation Facilities	$ 5,000,000	($ 157,787)	$ 4,842,213	$ 4,842,213	-0-
Administrative, Financing and Bond Issuance Costs	$ 150,000	($ 150,000)	-0-	-0-	$ -0-
SUBTOTAL	$49,203,000	$1,138,929	$50,341,929	$50,341,929	-0-

New 3-5 School Project	$28,070,000	($1,138,395)	$26,931,605	$26,648,763	$ 282,842
Middle School Auditorium Project	$ 210,000	($ 534)	$ 209,466	$ 209,466	$ - 0-
High School Roof and Auditorium Project	$ 2,890,000	-0-	$ 2,890,000	$ 1,609,250	$1,280,750
TOTAL	$80,373,000	$ -0-	$80,373,000	$78,809,408	$1,563,592

BE IT FURTHER RESOLVED, that the Board of Selectmen is authorized, after approval of the Board of Finance, to: 1.) reallocate the remaining $282,842 appropriation for the New 3-5 School Project to any other Project, 2.) upon substantial completion of the High School Roof and Auditorium Project, reallocate the remaining appropriation, if any, to any other Project, 3.) accept any reimbursements or other revenues received for the Projects and appropriate those funds to any one or more Projects, and 4.) close out the Projects upon final completion and transfer any remaining unexpended funds to the Town’s Unreserved General Fund.

BE IT FURTHER RESOLVED, that all of the other terms, conditions and provisions of the appropriation and bond authorizations approved by the voters at the referendum held November 15, 2001, as amended, and the Special Town Meeting held March 22, 2007, shall remain unchanged.

Bruce Chudwick, Bond Counsel from Shipman and Goodwin, said the first page of the resolution provides for the history of the school project. The second whereas clause provides that in May 30, 2002, $700,000 reallocation of some funds for the acquisition of land located on 16 Parade Ground Court. The third whereas clause in March of last year provided $2,890,000 of funds from the Middle School Auditorium Project be reallocated to the Weston High School Roof and Auditorium Project. The last whereas clause provides that there are two other supplemental appropriations 1.) $438,000 supplemental appropriation in January 2006, for legal and consulting settlement costs, and 2.) $500,000 Small Town Economic Assistance Program (STEAP) grant in August, 2004, for a turf field.

Bruce Chudwick said at this time the project are substantially complete except for the High School Projects so it was appropriate to come to the Town Meeting and get approval to reallocate the funds between the projects that are a little bit over and the projects that are a little bit under and even them out. Then get approval from the Board of Selectmen and Board of Finance to go forward and making final reallocations to totally close out the projects and transfer any unexpended funds into the general fund.

Susan Moch, Woodchuck Hill Road, asked that the resolution be amended and broken into three separate resolutions before we start. First resolution on the allocation, second with regard with, what can be done after the allocation of the additional funds and third where the funds goes. She asked to amend the original motion by trifurcating it into three separate votes. Motion seconded. The three questions are 1. Now, Therefore, Be It Resolved, 2. Be It Further Resolved and 3. Be It Further Resolved. Motion passed unanimously.

Question 1. NOW, THEREFORE, BE IT RESOLVED, that the Town of Weston reallocate amounts between the Projects and within the High School/Middle School Project, as follows:

Project	Approved Amount	Reallocation: Increase/ (Decrease)	Revised Amount	Expended	Revised Balance
High School/Middle School Project:
High School, Middle School and Hurlbutt Projects	$42,011,000	$1,089,942	$43,100,942	$43,100,942	-0-
Septic Improvements	$ 2,042,000	$ 356,774	$ 2,398,774	$ 2,398,774	-0-
Recreation Facilities	$ 5,000,000	($ 157,787)	$ 4,842,213	$ 4,842,213	-0-
Administrative, Financing and Bond Issuance Costs	$ 150,000	($ 150,000)	-0-	-0-	$ -0-
SUBTOTAL	$49,203,000	$1,138,929	$50,341,929	$50,341,929	-0-

New 3-5 School Project	$28,070,000	($1,138,395)	$26,931,605	$26,648,763	$ 282,842
Middle School Auditorium Project	$ 210,000	($ 534)	$ 209,466	$ 209,466	$ - 0-
High School Roof and Auditorium Project	$ 2,890,000	-0-	$ 2,890,000	$ 1,609,250	$1,280,750
TOTAL	$80,373,000	$ -0-	$80,373,000	$78,809,408	$1,563,592

Question 2: BE IT FURTHER RESOLVED, that the Board of Selectmen is authorized, after approval of the Board of Finance, to: 1.) reallocate the remaining $282,842 appropriation for the New 3-5 School Project to any other Project, 2.) upon substantial completion of the High School Roof and Auditorium Project, reallocate the remaining appropriation, if any, to any other Project, 3.) accept any reimbursements or other revenues received for the Projects and appropriate those funds to any one or more Projects, and 4.) close out the Projects upon final completion and transfer any remaining unexpended funds to the Town’s Unreserved General Fund.

Bill McDonough, Scatacook Trail, said he would like to see reallocating the remaining funds to any other project within the school construction project. He said there are considerable future expenses coming down the road from the requirements of the Army Corp. He amended the motion to say that the reallocation should be limited to reallocation within the school construction. Mr. Maggio seconded. The word these after other under item 1 and under item 2.

Mr. McDonough said under item 4, close out the projects and allocate any unexpended funds to the Town’s General Fund. He said that there should be a time limit on that so that any portion of the $80,000,000 does not get spent on the Town’s general project before you find out you have remaining items to pay in the project. Mr. Uzenoff said we would come back to this and wanted to discuss the first amendment.

Susan Moch said in item 1, 2 and three we change project to all of these projects. After some discussion the amendment was changed to any other of these school projects. The amendment passed unanimously.

Barbara Reynolds, Cannondale Road, said she was very involved in the first referendum project. She made a motion to amend 1. by deleting any other of these school projects and insert towards the purchase of Booster Barn and Stands for the High School football field. Maria Kalivas seconded. Ms Kalivas said that they have been told over and over again that this project was on time and on budget and she said it might have been on time but not on budget. She would like to see all the items restored to where they were supposed to be.

Bill McDonough, Scatacook Trail, said raising the $80,000,000 up and above what was approved is in appropriate. Any fund surplus of any section of this should be applied back to the other sections that are already over budget.

Jim Maggio, High Noon Road, said that he thought what was being addressed was that they did get all of the things that they hoped they were going to be getting with the $80,000,000. He said a few months ago they went to the Town and got $65,000 to remediate Revson Field because apparently there was no money left from school project but apparently there is. He said there should have been protective netting erected around Revson Field. He did not think it was appropriate to put it back into the general fund, but it should be kept within the school projects.

Rob Barberi, Thorp Drive, ask what relationship $282,000 has to the estimated cost of the Booster Barn and Bleachers. Mr. Bliss said the estimates are in the range of $250,000 to $350,000 depending on exactly what was built.

Rick Darling, Finance Director said that the $282,000 was not a final number. This could come down close to zero. They were doing this because the project is substantially completed and bond counsel felt that we should address this now.

Barbara Reynolds, Cannondale Road, said that this was a specific number that they were asking the town to move, how could they now say that this was not a specific. Mr. Darling said that bond counsel felt that we needed to address it now.

W. Glenn Major, Norfield Road, said he did not disagree that the funds that are remaining after all expenses have been paid be used for the Booster Barn and stands. He agreed with the motion that was before us which was to amend item 1 to indicate that the remaining funds be used for the stands. He felt that the appropriate place for the amendment would be in number item 4 where it says, to close out the Projects upon final completion and transfer any remaining unexpended funds to the Booster Barn and the Stand. He said we may need some of the $282,000 within the other projects which have already been approved.

Susan Moch, Woodchuck Hill Road, said if you amend item 4 rather than item 1 you would still have a problem. She said item 1 still reads that the appropriation could go to any of the other school projects. Her problem is remaining funds to the Town’s Unreserved General Fund. This was specifically for the schools. She said the money has to remain segregated for the school and the motion amended to keep the money in schools.

Dr. Maggio, High Noon Road, said that the monies that they were talking about would be best left under the direction of the School Building Committee. He felt that it should say that the money should stay with the school.

Mr. Uzenoff read the first resolution “reallocate the remaining $282,842 appropriation for the new 3-5 school towards the purchase of a Booster Barn and Bleachers”. Motion did not carry.

Susan Moch, Woodchuck Hill Road, said she would like to amend clause 4 of the second resolution to require that any remaining unexpended funds remain in the projects for use only of the schools and not transfer to the general fund. Motion seconded.

Mr. Bliss said you could say, and transfer any remaining unexpended funds to a restricted reserve account solely for the schools. The account is under the control of the Town. Mrs. Moch asked why it would not be under the control of the School Building Committee. Mr. Bliss said because the committee will be disbanded.

Ellen Uzenoff, Davis Hill Road, a member of the School Building Committee, said that there are still things that could be done that they identified early on that they have not done. The School Building Committee cut back so that they could meet the budget and if there are extra funds there are things within that identified project that are still there.

Bill McDonough, Scatacook Trail, said the whole question ignores one major change that was made in the $80,000,000 referendum budget that was approved. He said the state was supposed to reimburse the town with $20,000,000 of the $80,000,000. The state did not fund the money and reduced the funding by over $4,000,000 and the taxpayers are paying $65,000,000.

Ms. DeVito read the clause 4. close out the Projects upon final completion and transfer any remaining unexpended funds to a restricted reserve account strictly for school construction Projects. Motion carried