RECEIVED NOVEMBER 17, 2008 @ 8:30 A.M.
Michele R. Grande, Redding Town Clerk
SPECIAL TOWN MEETING
NOVEMBER 13, 2008
Ms. Ketcham: I would like to call this special town meeting to order. The first item of business is to elect a moderator for this evening. Are there any nominations?
Mr. Takacs: I nominate John Shaban for moderator.
Ms. Ketham: John Shaban has been nominated. Is there a second?
Audience: I second it.
Ms. Ketcham: All right. Is there any other nomination for moderator? Hearing none, all in favor of John Shaban signify by saying aye.
Audience: Aye.
Mr. Ketcham: Anyone opposed? Then the motion carries and the meeting is turned over to John Shaban.
Mr. Shaban: Good evening.
Ms. Ketcham: I’ll leave you the gavel in case you need it.
Mr. Shaban: Wow, (inaudible) unruly crowd (inaudible). I’d like to call the Town Clerk of Redding to read the warning of the meeting please.
Ms. Grande: Legal Notice, Warning of Special Town Meeting, The legal voters in the Town of Redding, Connecticut and those entitled to vote therein are hereby warned and notified to meet at the Special Town Meeting to be held in the Redding Town Hall Hearing Room in Redding on Thursday, November 13, 2008 at 7:30 p.m. for the following purposes: 1. To consider and take action on the recommendation of the Board of Selectmen to sell and convey in conjunction with The Nature Conservancy approximately 14 acres of the Levine Property pursuant to the proposed Purchase and Sale Agreement; 2. To enter into an Open Space and Water Shed Land Acquisition Grant Agreement by and between the Town, The Nature Conservancy and the State of
Connecticut; and 3. To authorize the First Selectman to do any and all things legal and necessary to accomplish the above-named purposes, and to take any other action that may legally and properly come before the meeting. Dated at Redding, Connecticut this 28th day of October, 2008 and it is signed Board of Selectmen: Natalie Ketcham, Tina Miller and Don Takacs.
Mr. Shaban: Thank you very much. Do I have a motion to accept the warning as read?
Audience: So moved.
Mr. Shaban: Is there a second?
Audience: Second.
Mr. Shaban: The motion is made and seconded. All in favor signify by saying aye.
Audience: Aye.
Mr. Shaban: Opposed?
Audience: Nay.
Mr. Shaban: Say again.
Audience: Nay.
Mr. Shaban: Let the record reflect we have one nay out of one, two, three, four, five, six. Now, can you vote?
Audience: Yes.
Mr. Shaban: You can.
Audience: I can vote.
Mr. Shaban: Seven in favor and one no. The motion carries. I have also just received a return certifying that the warning was published signed by Natalie Ketcham and I direct that the certification be recorded with the doings of this meeting in accordance with the provisions of (inaudible) 7-4. Now as everyone just heard we have three topics on the agenda. One is a recommendation, one is a consideration and the third really relates to the upper two and it’s going to take the form basically of four resolutions. One resolution on Item 1 with a resolution tracking Item 3 and then the second resolution on Item 2 with a fourth resolution tracking 3. So what I’ll do is take them
in order and what I’ll do is read the first resolution dealing with Item 1 on the agenda. Item 1 is Sale of a Portion of Levine Property.
Ms. Ketcham: Excuser me John?
Mr. Shaban: Please.
Ms. Ketcham: Would it be helpful is I just explained maybe to the town meeting before we get into the specific resolutions exactly why we’re here tonight.
Mr. Shaban: Well, you know, it might be helpful. Please go ahead.
Ms. Ketcham: Okay. Thank you. I just want everyone to understand that this meeting tonight is entirely consistent with the vote at the June 25, 2007 meeting to purchase the Levine property. At that point in time and I do have the minutes from the meeting if anybody needs to see them, it was very clear to the town meeting during the presentations that the intention of the Town to purchase the property and then to subdivide 14 acres for purchase to offset the cost of the property and also to enter into a grant application with the State in the hopes that we would also received some grant funding to offset the purchase price. Our attorneys, now that we have been moving through he process of subdividing the
property and getting it ready for sale, indicated to us that they felt that it would be clearer for the both the town and the potential purchasers to make sure that we had a resolution from the town indicating the town’s desire to actually sell the 14 acres because our resolution at the June 25 meeting only indicated our intent to purchase the entire property and whenever we divest ourselves of an asset we do need town meeting approval to sell that asset. So tonight’s meeting is to give us the authority to sell the 14 acres as we had always intended and we did enter into a grant application with the State for which we have been awarded $250,000 so the second motion gives me on behalf of the town the opportunity to sign the grant agreement so that we may receive the money. So that again this is entirely consistent with everything that was proposed in the original meeting. It’s just that these resolutions are now clearly giving me authority to the
town to proceed with what we had intended. Thank you.
Mr. Shaban: Thank you. With that, what I am going to do is I’m going to read the first resolution before I ask for a motion. Actually have it place before the town meeting. In that resolution while it tracks the warning has several, two different parts. The first resolution: Be it resolved that upon the recommendation of the Board of Selectmen the Town be and it hereby is authorized to sell and convey in conjunction with The Nature Conservancy approximately 14 acres of the Levine property pursuant to the proposed Purchase and Sale Agreement by and among The Nature Conservancy, the Town and Redding Open Lands, Inc.; the second resolution we will get to in a minute. Do I have
a motion to place the first resolution before the town meeting?
Audience: So moved.
Mr. Shaban: Do I have a second?
Audience: Second.
Mr. Shaban: The motion is made and seconded. Is there any discussion on placing it? Discussion. State your name for the record please. This is just on placing it now and then we are going to approve it.
Mr. Miller: James Miller, Middlebrook Pond Road. The reason I voted nay on the warnings is because the first item that we are considering right now is present tense. It implies that ROLI who is responsible for selling the 14 acres has already entered into a purchase and sale agreement and the town is asking the voters to approve whatever this contract is. So my objection is based on the wording of the warning. I don’t have any conflict with the objective of the Town, as Natalie laid out, is to sell the 14 acres because that is what we voted for in June of 2007. We understood that. We understood how much we were paying for the land, who the buyer was and what the disposition of the
54 acres was. My objection when I voted against the warning was the wording.
Mr. Shaban: Very good. Do we have any other discussion on the motion to place this resolution before the town meeting? Hearing none and seeing none, I am going to take a vote. All in favor of placing this resolution before the town meeting signify by saying aye.
Audience: Aye.
Mr. Shaban: Any opposed? The motion is unanimous. I am going to invite a motion to approve the resolution as read. Can we have a motion to approve the recommendation and the resolution?
Audience: So moved.
Mr. Shaban: Any seconds?
Audience: Second.
Mr. Shaban: Made and seconded. Having made and seconded any discussion, further discussion on the approval? Hearing none, all in favor of passing the resolution as read into the record, signify by saying aye.
Audience: Aye.
Mr. Shaban: Any opposed, say nay.
Audience: Nay.
Mr. Shaban: Is that a nay? So it’s 7 to 1, I believe, please. Okay, the motion carries. We have a second resolution still as part of Item 1, Sale of the Levine Property which tracks Item 3 in the call. I am going to read that second resolution into the record: Be it further resolved that the Selectman be and she is hereby authorized, directed and empowered to do any and all things legal and necessary to accomplish the above-named purposes, namely to sell and convey approximately 14 acres of the Levine property pursuant to the proposed P&S agreement, including, without limitation, to sign the P&S Agreement in behalf of the Town, I believe that should have been on behalf of the
Town, and execute and deliver deeds, instruments, affidavits and other documents and take such other actions as she shall deem appropriate in connection with said P&S Agreement. Do I have a motion to place this resolution before the town meeting.
Audience: So moved.
Mr. Shaban: Second?
Audience: Second.
Mr. Shaban: Any discussion on placing it before the town meeting? Hearing none, all in favor say aye.
Audience: Aye.
Mr. Shaban: Any opposed? The motion carries. Do I have a motion to accept the resolution as read?
Audience: So moved.
Mr. Shaban: Second?
Audience: Second.
Mr. Shaban: The motion is made and seconded. Any discussion? Hearing none, I invite a motion, I’m sorry, hearing none, all in favor say aye.
Audience: Aye.
Mr. Shaban: Opposed? The motion carries. This moves us to Item 2 on the warning and the second set of resolutions. I will read the first resolution dealing with Item 2 of the warning. Item 2 being Open Space and Water Shed Land Acquisition Grant Agreement. The first resolution: Be it resolved that the Town be and it hereby is authorized to enter into, in conjunction with The Nature Conservancy, an Open Space and Water Shed Land Acquisition Grant Agreement by and among the Town, The Nature Conservancy and the State of Connecticut substantially in the form filed with the Minutes of this Special Town Meeting (the “Grant Agreement”). That is the end of that resolution. Do I have a motion to place this resolution before the town meeting.
Audience: So moved.
Mr. Shaban: Second?
Audience: Second.
Mr. Shaban: Made and seconded. Any discussion on placing this before the town meeting for a vote? All in favor of placing it before the town meeting say aye.
Audience: Aye.
Mr. Shaban: Any opposed? The motion carries. Do I have a motion to accept or approve the resolution as read?
Audience: So moved.
Mr. Shaban: Any seconds?
Audience: Second.
Mr. Shaban: Any discussion on accepting the resolution? Hearing none, all in favor say aye.
Audience: Aye.
Mr. Shaban: Any opposed say nay. The motion carries unanimously. That takes us to the fourth resolution tracking Item 3 as it relates to Item 2 of the warning. I will read it into the record: Be it further resolved that the First Selectman be and she hereby is authorized, directed and empowered to do any and all things legal and necessary to accomplish the above-named purposes, namely, to enter into the above- referenced Grant Agreement including, without limitation, to sign the Grant Agreement in behalf of the Town, execute and deliver the Conservation Easement and any other instruments and affidavits and to take such other actions as she shall deem appropriate in connection with the Grant
Agreement. Do I have a motion to place the resolution that was just read before the town meeting?
Audience: So moved.
Mr. Shaban: Do I have a second?
Audience: Second.
Mr. Shaban: Any discussion on placing this before the town meeting? Hearing none, all in favor of placing it signify by saying aye.
Audience: Aye.
Mr. Shaban: Any opposed? The motion carries. Do I have a motion to accept the resolution and approve it as read?
Audience: So moved.
Mr. Shaban: Any seconds?
Audience: Second.
Mr. Shaban: Motion is made and seconded. Any discussion? Hearing and seeing none, all in favor of the resolution I just read signify by saying aye.
Audience: Aye.
Mr. Shaban: Any opposed? The motion carries. I believe that brings us to the conclusion of the resolutions and the items on the agenda as read in the warning.
Audience: I move we adjourn.
Mr. Shaban: Do I have a second?
Audience: Second.
Mr. Shaban: All in favor?
Audience: Aye.
Mr. Shaban: Any opposed? The meeting is adjourned.
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