Simsbury, CT - Board of Selectman Minutes

The Special Meeting of the Board of Selectmen was called to order at 8:40 A.M. in the Main Meeting Room of the Simsbury Town Offices. Present were First Selectman Thomas Vincent, Board Members Madeleine Gilkey, William Garrity, and Joel Mandell, Assistant to the First Selectman Brandon Robertson and other interested parties.

Review and possibly authorize the First Selectman to execute documents required to permit the International Skating Center of Connecticut, ISCC, LLC to modify an existing mortgage

Mr. Mandell made a motion to authorize the First Selectman to execute documents required to permit the International Skating Center of Connecticut, ISCC, LLC to modify an existing mortgage, and read the following resolution:

WHEREAS, the Town of Simsbury, is the owner of certain real property on which is located an ice skating facility known as the International Skating Center; and

WHEREAS, the Town of Simsbury, acting through its Board of Selectmen, executed a Ground Lease, dated April 18, 1994, for the International Skating Center, with the Town of Simsbury as lessor and World Skate, Inc., as lessee; and

WHEREAS, ISCC, LLC currently holds the lessee interest under the Ground Lease of the International Skating Center, having been assigned said interest from International Skating Center of Connecticut, LLC, assignee of World Skate of Connecticut, LLC, assignee of World Skate, Inc., and to which all assignments were approved by the Town of Simsbury; and

WHEREAS, the Town of Simsbury, acting through its Board of Selectmen, has previously approved a leasehold mortgage granted by ISCC, LLC to First Massachusetts Bank, N.A., successor by merger to Family Bank, FSB; and

WHEREAS, ISCC, LLC wishes to modify its mortgage with its lender, BANKNORTH, N.A., as successor in interest to First Massachusetts Bank, N.A., successor by merger to Family Bank, FSB; and

WHEREAS, The Town of Simsbury, acting through its Board of Selectmen, must approve any such modification of a mortgage granted by ISCC, LLC; and

WHEREAS, the Board of Selectmen finds that the mortgage as modified satisfies the conditions for approval as stated in the Ground Lease,

1. The Town of Simsbury, acting through its First Selectman, is authorized to execute a Ground Lessor Estoppel Certificate, attached as Exhibit A of this Resolution, which makes certain representations to BANKNORTH, N.A., as contained therein.

2. The Town of Simsbury, acting through its First Selectman, is authorized to execute a Permitted Mortgagee's Agreement, attached as Exhibit B of this Resolution, to receive specific assurances from BANKNORTH, N.A., as contained therein.

3. The Town of Simsbury, acting through its First Selectman, is authorized to approve the First Modification of Open-End Leasehold Mortgage Deed and Security Agreement and Assignment of Leases and Rents, as made between ISCC, LLC and BANKNORTH, N.A., and attached as Exhibit C of this Resolution, as required by the Ground Lease.

4. The approval or execution and delivery of the documents which the First Selectman is authorized to approve or to execute and deliver as aforesaid shall be conditioned upon the receipt by the Town of Simsbury from ISCC, LLC of the reasonable amount of fees and expenses for the review of such documents by the Town's attorney.

In response to Mr. Mandell's questions, Attorney Lou Green, Counsel for ISCC, LLC, said that the current appraised value of the premises was $6,400,000; that the amount of the loan would be approximately $4,850,000; that the effect of the loan would provide a positive cash flow of approximately $600 per month.

Mr. Richard Sawitzke, Town Engineer, reviewed plans for the Right of Way, stating that homes were to be built on the property and that the developer set aside a portion of the land for the Town; and that in accordance with regulations the Town has to accept the piece of land.

Mr. Garrity made a motion to accept the Additional Right of Way at Hoskins/County Roads' Intersection. The motion was seconded by Ms. Gilkey and passed unanimously.

b. Review and possibly approve a Resolution authorizing the First Selectman to execute a Grant Agreement with the State of Connecticut, Department of Environmental Protection, for funding in the amount of $185,000 for the acquisition of the Hall property under the Open Space Grant Program

Mr. Mandell made a motion to approve a Resolution authorizing the First Selectman to execute a Grant Agreement with the State of Connecticut Department of Environmental Protection, for funding in the amount of $185,000 for the acquisition of the Hall property under the Open Space Grant Program. Ms. Gilkey seconded the motion.

RESOLVED, that Thomas E. Vincent First Selectman of the Town of Simsbury be and hereby is authorized to execute on behalf of the Town of Simsbury a Grant Agreement under the Open Space and Watershed Land Acquisition Program with the State of Connecticut for financial assistance to acquire permanent interest in land known as Hall Property, OSWA-128, and to manage said land as open space land pursuant to Section 7-131d of the Connecticut General Statutes.

BE IT FURTHER KNOWN that Thomas E. Vincent was ELECTED First Selectman and that his term of office began on December 3, 2001 and will continue until December 1, 2003. As the First Selectman, Thomas E. Vincent serves as the Chief Executive Officer for the Town of Simsbury and is duly authorized to enter into agreements and contracts on behalf of the Town of Simsbury.

c. Review and possibly approve a Resolution authorizing the First Selectman to execute a Grant Agreement with the State of Connecticut, Department of Environmental Protection, for funding in the amount of $211,500 for the acquisition of the Village Water Company Property under the Open Space Program

Mr. Mandell made a motion to approve a Resolution authorizing the First Selectman to execute a Grant Agreement with the State of Connecticut, Department of Environmental Protection, for funding in the amount of $211,500 for the acquisition of the Village Water Company Property under the Open Space Program. Mr. Garrity seconded the motion.

RESOLVED, that Thomas E. Vincent, First Selectman of the Town of Simsbury be and hereby is authorized to execute on behalf of the Town of Simsbury a Grant Agreement under the Open Space and Watershed Land Acquisition Program with the State of Connecticut for financial assistance to acquire permanent interest in land known as Village Water Company Property, OSWA-41, and to manage said land as open space land pursuant to Section 7-131d of the Connecticut General Statutes.

Mr. Mandell made a motion to approve the minutes of the September 23, 2002 meeting noting the following addition/correction under Sub-Committee Reports, Personnel Sub-Committee:

That the approval of recommended Proposed Salary Ranges and General Wage Increase for non-bargaining employees for FY 2002-2003 was not acted upon,

not solely due to Ms. Mielert's absence, but to give Ms. Mielert an opportunity to review the recommendations, and to give the Personnel Sub-Committee the benefit of Ms. Mielert's input.