Board of Finance Special Meeting Agenda (PDF)

FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
AGENDA
BOARD OF FINANCE
Special Meeting
Tuesday, January 21, 2020
5:30 P.M. - Waterford Town Hall
og 38 WY OLIN 0262
1. Pledge of Allegiance
2. Call to order and establishment of a quorum
3. To consider and act upon a vacancy created by the resignation of James Reid until such
vacancy can be filled at the next municipal election. (November 2, 2021)
4. Town Clerk to swear in new member.
5. To consider and act upon a recommendation from the Board of Selectman, pending the
outcome of its January 21, 2020 regular meeting, to approve the purchase of real estate located
at 13 Parkway Drive and appropriate $26,000 for said purchase from Line Item #205-31520
Undesignated Fund Balance, based upon its consistency with the Capital improvement Plan
and move forward to the Representative Town Meeting as required.
6. Adjournment
[Page

WATERFORD REPUBLICAN TOWN COMMITTEE
P.O. Box 671
Waterford, CT 06385
Mr.David Campo
Waterford Town Clerk a
15 Rope Ferry Road Me
Waterford, CT 06385 :
RE: Board of Finance Vacancy
January 15, 2020
els WY St RYE O202
Dear Dave,
Please be informed that the Vacancy Committee (Nominating) of the Waterford Republican
Town Comunittee has recently endorsed Mr. Tali Maidelis of 38 Beacon Hill Drive, Quaker Hill,
CT to replace of Mr. James Reid of 17 Whaling Drive, Waterford, CT and fill the vacancy on the
Board of Finance created by his recent resignation
The Vacancy Committee kindly requests that the name of Mr. Tali Maidelis be placed in
nomination to the Board of Finance and its upcoming meeting.
Thank you in advance for your attention and cooperation in this request.
Sincerely yours,
Kathleen M. McCarty
WRIC, Chairman
cc: Mr, Ron Fedor
Chairman of the Board of Finance

AVENA & KEPPLE, LLC
ATTORNEYS AT LAW
20 SOUTH ANGUILLA ROAD » P.O. BOX 1445 * PAWCATUCK, CT 06379 * (860) 599-3739
JURIS NO. 409171
CONTRACT OF SALE
CONTRACT OF SALE, made this iLéAé day of December, 2019,
between Carol Caulfield and the Estate of Joseph C. Caulfield, of
Waterford, Connecticut 06385, hereinafter throughout described as
the SELLER, and the TOWN OF WATERFORD, a municipal corporation
located in the County of New London, State of Connecticut, acting
hereby by Robert J. Brule, its First Selectman, hereinafter
throughout described as the BUYER,
WITNES ET H:
THAT the Seller agrees to sell and convey upon the conditions
herein, and the Buyer agrees to purchase, all that certain real
property, hereinafter referred to as the premises, known as 13
Parkway Drive, Property ID #2443195, Waterford, Connecticut, as
more particularly described on Schedule “A” attached hereto.
1. CONSIDERATION
The purchase price is Twenty Five Thousand
and No/100 Dollars ($25,000.00): 000.00
A. Upon the signing of this contract by
both Seller and Buyer, a deposit of
Five Hundred and No/100 Dollars
($500.00)to be heid by Partner Network
Real Estate, real estate agent for Seller; $500.00
B. By bank check or money draft at the
time of the delivery of the deed,
as hereinafter provided Twenty Four
Thousand Five Hundred and No/100
Dollars ($24,500.00); balance $24,500.00
TOTAL PRICE: 000.00

AVENA & KEPPLE, LLC
ATTORNEYS AT LAW
20 SOUTH ANGUILLA ROAD « P.O. BOX 1445 « PAWCATUCK, CT 06378 + (860) 589-3739
JURIS NO. 409173
2. CONDITIONS PRECEDENT TO PERFORMANCE
The Buyer's obligations to purchase the Premises is
conditioned upon the Buyer obtaining the following reviews and
approvals which shall be regarded as conditions precedent to
performance:
A, The Buyer must obtain approvals from the Waterford Board
of Finance, Board of Selectmen, Representative Town Meeting and
Planning and Zoning Commission. .
B. Upon execution of this agreement, the Buyer will
immediately seek said approvals, and in the event the Buyer is
unable to receive said approvals on or before February 15, 2020,
this agreement shall terminate, the deposit shall be returned to
the Buyer, and.thereafter, the_ parties shall have no further
obligations to each other under the terms of this agreement,
C.. Probate Court approval.
3. DEED
The deed of conveyance shall be a full covenant Connecticut
Warranty Deed and Executor’s Deed, and shall be duly executed and
acknowledged by the Seller, conveying all title in and to said
premises. The Buyer shall be responsible for any expenses of
recording said Deed.
4. ADJUSTMENTS
Taxes, assessments and other municipal charges and similar
charges, shall be apportioned in the manner customarily used in the

AVENA & KEPPLE, LLC
ATTORNEYS AT LAW
26 SOUTH ANGUILLA ROAD « P.O. BOX 1445 » PAWCATUCK, CT 08379 « (860) 599-3739
JURIS NO. 409171.
town where the premises are located as of the date of the delivery
of the deed as herein provided. If delivery of said deed shall
take place before any tax, assessment, or rate is determined, the
last determined tax, assessment or rate shall be used for the
purpose of apportionment.
5. RISK OF LOSS
The risk of loss or damage to the premises until the time of
the delivery of the deed is assumed by the Seller. In the event
that such loss or damage does occur prior to the delivery of the
deed, the Seller shall be allowed a reasonable time thereafter, not
to exceed thirty (30) days after the date for the delivery of the
deed hereunder, within which to repair or replace such loss or
damage. In the event the Seller does not repair or replace such
loss or damage within said time, the Buyer shal] have the option:
A. of terminating this Contract in which event all sums paid
on account hereof, or advanced costs, if any, are in fact incurred
by the Buyer, shall be paid to the Buyer without interest thereon.
Upon receipt of such payments this Contract shall terminate and
become null and void and all further claims and obligations between
the parties hereto, by reason of this Contract, shall thereupon be
released and discharged;
B. of accepting a deed conveying said premises in accordance
“with all the other provisions of this Contract, upon payment of the
aforesaid purchase price and of receiving the benefit of all

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‘WA & KEPPLE, LLC
A
20 SOUTH ANGUILLA ROAD » P.O. BOX 1445 + PAWCATUCK, CT 08379 (860) 599-3739
ATTORNEYS AT LAW
” JURIS NO. 409171
insurance monies recovered or to be recovered on account of such
loss or damage, less the amount of any monies actually expended by
the Seller on said repairs.
Written notice of Buyer's exercise of either of these options
shall be given by the Buyer to the Seller by mail, directed to the
Seller at his address as hereinbefore written, within five (5) days
after the expiration of the time provided hereunder for Seller to
repair or replace the loss or damage.
6. TITLE
If, upon the date of closing of title as hereinafter provided,
the Seller shall be unable to convey to the Buyer a good and
marketable title to the premises, subject only as aforesaid, the
Seller shall have a further period of thirty (30) days within which
to perfect title. It is mutually understood and agreed that no
matter shall be construed as an encumbrance or defect in title so
long as such matter is not construed as an encumbrance or defect
under the Standards of Title of the Connecticut Bar Association,
where applicable, or where a policy of title insurance can be
obtained at Buyer's expense at no additional premium without any
exception for the presumed title defect. If, at the end of said
period, Seller is still unable to convey good and marketable title
to the premises subject only as aforesaid, the Buyer may elect to
accept such title as the Seller can convey upon the payment of the
purchase price as aforesaid, or may refuse to accept the deed of

AVENA & KEPPLE, LLC
ATTORNEYS AT LAW
20 SOUTH ANGUILLA ROAD « P.O, BOX 1445 « PAWCATUCK, CT 06379 ¢ (860) 599-3759
JORIS NO. 409171
conveyance. Upon such refusal all sums paid on account hereof,
together with the reasonable fees for the examination of the title
to the premises, if any are in fact incurred by the Buyer, shall be
paid to Buyer. Upon receipt of such payments this Contract shall
terminate and become null and void and all further claims and
obligations between parties hereto, by reason of this Contract,
shall thereupon be released and discharged.
7. REPRESENTATION
Seller represents, in order to induct Buyer to enter into this
Contract, unless otherwise stated, at the time of closing of title
that:
A. There shall exist no violations of any governmental
rules, regulations or limitations, including provisions of any
_ ordinance, municipal regulation, including planning and zoning and
applicable building and/or health codes, or public or private law,
relating to the premises being conveyed herein, including any
building, appurtenances, fixture or system located thereon.
B. Phere shall exist no violations of any restriction,
covenant, agreement or condition | affecting the premises being
conveyed, as provided herein.
c. Seller is record owner in fee simple of the premises
being conveyed herein.
D. There are no municipal or state assessments imposed on
said premises, and there have been no municipal improvements made

AVENA & KEPPLE, LLC
AYTORNEYS AT LAW
20 SOUTH ANGUILLA ROAD « P.Q. BOX 1445 » PAWCATUCK, CT 08379 + (360) 599-5759
JURIS NO. 409171
for which an assessment has been or will be levied, except as
specifically set forth herein.
E. There are no current pending or threatened administrative
or legal actions against the Seller under any hazardous waste,
pollution, or other environmental law or regulation and that the
Seller has not received any notice from any state, federal or local
governmental authority to the effect that it may not be in full
compliance with any hazardous waste, pollution ofr ‘other
environmental law or regulation. Seller further represents that
there are no hazardous or toxic substances on the subject property.
8. LOSING
The closing shall be held ten (10) days after the expiration
of any appeal periods for all of the town reviews and approvals
required and Probate Court approval and take place at the offices
of Avena & Kepple, LLC, 20 South Anguilla Road, Pawcatuck,
Connecticut, or at such other place or time as may be mutually
agreed upon by the parties hereto upon payment of the aforesaid
purchase price, but no later than February 25, 2020, without the
written consent of both parties.
9. DEFAULT
In the event the Buyer is in default by reason of failure or
refusal to comply with any of the terms of the Contract, the Seller
may cancel ‘this Contract and retain all payments paid to the escrow

AVENA & KEPPLE, LLC
ATTORNEYS AT LAW
20 SOUTH ANGUILLA ROAD « P.O. BOX 1445 « PAWCATUCK, CT 06378 © (860) 599-3739
JORIS NO. 409171
agent as liquidated damages to compensate the Seller for actual
yeasonable attorney's fees, miscellaneous costs incidental to the
sale, loss of time in securing a Buyer and for other cause and
damages incapable of exact determination such as, but not limited
to, expenses incurred in the continued maintenance of the property,
taxes, interest and insurance, damages incorrect in the removal of
the property from the real estate market during the period of this
Contract, inconvenience of relisting the Premises for sale,
additional legal fees, and loss of interest income on the balance
of the purchase price and/or enforcement of this contract according
to law or equity.
If the Seller shall default, the Buyer may enforce this
Contract according to law or equity, except that the Seller's
failure to perform as a result of title defects and/or loss or
damage to the property prior to closing shall be governed by the
provisions of Paragraphs 5 and 6 of this Contract.
10. COMPLIANCE
The delivery of the deed and closing of title shall constitute
full compliance by the Seller with all of the terms, covenants,
conditions and representations contained herein or connected with
this transaction, “with the exception of the warranties and
covenants of the warranty deed and any other obligations expressly
stated herein to survive the delivery of the deed.

AVENA & KEPPLE, LLC
ATTORNEYS AT LAW
20 SOUTH ANGUILLA. ROAD « P.O. BOX 1445 « PAWCATUCK, CT 06379 « (860) 599-3739
FURIS NO. 409171
11. ENVIRO UD
Seller shall provide Buyer with all environmental studies and
tests performed in his possession on said premises for any
contamination, spill, or leak, within two (2) weeks of the date of
both parties signing this agreement. As used herein, the term
“waste material" shall mean any “solid waste," "hazardous waste,"
or "hazardous substance," as such terms are defined by the Resource
Conservation and Recovery Act of 1980, as amended, the
Comprehensive Environmental Response Compensation and Liability Act
of 1980, as amended, or any other federal, state or municipal law,
regulations, or guideline; tort, contract or common law; any
mixture of sewerage or other waste material that passes through a
sewerage system to a treatment facility.
Buyer reserves the right to further inspect and conduct
additional studies and testing on the premises during the period
prior to closing. If any waste material is discovered in, on, or
beneath the real property as a result of said testing and
inspection, Buyer may, by written notice given to Seller or
Seller's attorney, elect to terminate this Agreement or perform it
according to its tenor. Should Buyer elect to terminate this
Agreement pursuant to this paragraph, Seller shail immediately
return to Buyer all monies deposited with Seller or Seller's
attorney pursuant to this Agreement and this Agreement shall be
null and void, of no further force or effect, and neither party
shall have any rights, in law or equity, against the other.

AVENA & KEPPLE, LLC
ATTORNEYS AT LAW
20 SOUTH ANGUILLA ROAD © P.O, BOX 1445 * PAWCATUCK, CT 06879 © (860) 599-3739
JURIS NO. 409171
The terms of the aforesaid are to apply and bind the heirs,
executors, administrators, successors and assigns of the respective
parties.
Wherever the same shall apply, the singular shall include the
plural, and the use of any gender shall be applicable to all
genders.
12. CONDIT P. 
Ss
The parties agree that the property is to be vacant at the
time of closing and that no tenants or rights to occupy by any
tenants shall exist at the time of closing.
13. COMME N
The real estate agent in this transaction is Partner Network
Real Estate which commission shall be paid by Seller.
[The rest of this page is intentionally left blank, Signature page to follow.]

AVENA & KEPPLE, LLC
ATTORNEYS AF LAW
20 SOUTH ANGUILLA ROAD « P.O, BOX 1445 « PAWCATUCK, CY 08879 » (860) 509-3739
JURIS NO. 409171
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
Signed, Sealed and Delivered
in the Presence of:
SELLER:
Witness on v CAROL CAULFIELD, )
MICHAEL SROEPTELD, EXECUTOR
Witness
ESTATE OF JOSEPH C. CAULFIELD
BUYER:
TOWN OF WATERFORD
: By: c
Withess wT ‘/ Robert J.” Brule
Its: First Selectman
Duly Authorized
10

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Owner Information
Ovitier Name: Caulfield Garot Tex Billing zip: osae5
‘Owner Name 2: Caulfiald Joseph © Fax Billing 2ip+4: 3920
Tax Billing Address: & Woostend Rd Owner Ocoupled: Ro
Tax Billing City & Stata: Waterford, OT
Location Infotmation .
Munldpallty/Township: ‘Waterford Food Zone Code: rx:
Census Tract 935.00 load Zone fanel: o502200543
Chivier Route: Coa Flood Zone Data! 08/05/2013
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Tax Information
Property ID: 2443195 Annuat ‘Tex: 9776
‘Tax Year: 2018 .
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FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
January 14, 2020
Robert Brule, First Selectman
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
RE: APPLICATION #PL-20-1 — 13 Parkway Drive — Acquisition of Land
Dear Mr. Brule:
Ata meeting on January 13, 2020, the Planning & Zoning Commission took the
following action in regard to the above referenced application:
APPROVED: #PL-20-1— Request of the Town of Waterford Board of Selectmen for
municipal improvement in accordance with Section 8-24 of the Connecticut General
Statutes to accept the property located at 13 Parkway Drive for recreation and open space
purposes,
-3
This approval and attached minutes constitutes a report required under CGS 8-24 of the
Connecticut General Statutes. A copy of this letter should be included with any request
for funds or authorization for grant applications. If you have any questions, please do not
hesitate to call this office.
Sincerely,
Joseph Bunkley, Chairman
Planning & Zoning Commission
By:
Mark Wujtewicz
Planner
ec: RTM Moderator
Board of Finance
Director of Finance