MINUTES
Gray Town Council Meeting
December 2nd, 2008
Roll Call
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Tracy Scheckel, Margaret Hutchins.
Town Manager Deborah Cabana.
Others present and speaking: Gary Foster, Don Hutchings, Lou Mancini, John Redlon, Jason Wilson,
Cal Cutter, Fire Chief Plummer, George Thebarge, Pam Wilkinson, Susan Moran, Ed Getty, Carol Ann
Doucette, Gerry Haines, Charlie Morse, Fran Monroe, James Monroe, David Lourie, Francisca
Moran, Greg Foster, Dick Roy, Mary Miller, Leona McLaughlin, Helen Davis, Doug Webster, John
Welsh.
Pledge of Allegiance to the Flag
Minutes from Previous Meetings:
Approval of November 10th, 2008, Town Council Minutes
Councilor Sturgis moved; Councilor Scheckel seconded
Ordered the Gray Town Council approves October 21, 2008 Town Council Minutes as corrected.
Mark Grover noted that on page 2 – the wording should read “lonely books.” On page 5, his amended motion indicated that it should read-add emergency telephone communication systems to section 1 services.
Councilor Hutchins commented on a motion on page 6 that the name of the councilor who seconded was missing. It was concluded that Councilor Hutchins name would be added.
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Gary Foster updated on the EcoMaine meeting. The meeting was interrupted due to a boiler rupture and
they will be meeting with the auditors on the 11th of this month.
Councilor Grover suggested that the EcoMaine presentation be under committee reports or Town
Manager business to allow Gary Foster more time to speak.
James Monroe suggested that the Council place a limit to the Pennell cost. He believes it would be
prudent to have a limit of $2.4 million. He also commented on offset funding and grants and that there
has not been a lot of conversation on this recently.
Don Hutchings indicated that at the last Council meeting there was a discussion having a presentation on
Pennell from a different perspective. He indicated that Ron Norton was willing to speak to help with cost savings. He believes that this is a good idea for the Council to hear from him and requests that the Council reconsider this suggestion.
Lou Mancini, Shaker Rd agrees with Don Hutchings’ suggestion. He indicated that he was appalled by
the Council’s response to this option. He urged the Council to reconsider its decision.
John Redlon commented that he believes not hearing from someone to get another perspective on
Pennell would be a bad idea.
Jason Wilson supports getting more input on Pennell as well.
Cal Cutter believes that getting feedback would be important, but that Ron Norton would not be eligible to potentially bid on the project.
Councilor Gellerson stated that that the suggestion was to simply hear from him and not get advice.
James Monroe commented that the Route 26 fire station cost of $60,000 was included in this year’s
budget, but at present it appears that the Town cannot sell it. He believes it is a good opportunity for the
Town Manager to give an overview of the budget to date and a forecast for the end of the year. He
commented on excise tax and other items.
Second Order of Business:
Reports from the Council Chair: Councilor Gellerson stated that he received an email from Fran Monroe. He also stated that she has requested that the Council reconsider its decision on a Pennell presentation.
Councilor Sturgis believes that an informal discussion on Pennell would be helpful to inform the Council and agrees that it would also be helpful to not cloud the process. He believes that the Council would benefit from it more than being harmed.
Councilor Grover indicated that he was open to hearing further on this. He had read further on the construction management at risk. He would like to hear further, but does not want to have it become a sales pitch. He also believes that it should be public meeting, with a 20 minute presentation for example, he would support.
Councilor Scheckel believes that the construction management at risk as an informative presentation would be appropriate, but she also suggests having Gorrill Palmer, as an impartial party, speak on this issue.
Councilor Hutchins supports more education to learn more about this topic, but is not supportive of the contractor at risk concept.
Councilor Gellerson indicated that Gorrill Palmer is not a structural engineering company. Councilor Scheckel believes that they can explain the concept. Councilor Gellerson proposed having him speak at the December 16th meeting and give an overview presentation for about an hour.
Oest Associates was also suggested as an impartial party to explain this process.
Councilor Grover expressed concerns about others speaking and that it may disqualify them to bid on the project. There was an extensive discussion on whether or not presenting would disqualify someone from receiving a bid and whether or not it presents a conflict of interest.
Councilor Scheckel suggested that Gorrill Palmer come in and present and explain the definition of this.
JohnWelsh stated that the public has not been notified of this discussion.
Councilor Sturgis believes that there should be clarity on the process. Councilor Scheckel believes that a third party to speak on the contractor at risk topic should be the only presentation and cannot support having someone else present. Councilor Sturgis believes that an objective presentation with specific criteria can be offered with explanation by Councilor Gellerson upon his invitation. Councilor Sheckel believes that learning about the contractor at risk concept from an impartial party is the most appropriate. Town Manager Cabana will contact Gorrill Palmer as well.
Reports from the Town Manager: Town Manager Cabana- The rabies clinic will be at the public safety building this Saturday from 12-2pm, and dog licenses can be renewed then, as well as Tsukroff photography will offer pet photos.
There will be a finance committee this Thursday at 3pm.
She commented on the volunteer dinner and she read the names of the various winners.
She thanked the fire-rescue department and others for their work for the preparing the community for the holidays.
Committee Reports: Councilor Grover commented on the Dry Mills School House committee and that there will be a cost estimate from a barn restorer to be considered for the budget. They also have had some problems with bats in the attic.
He gave an overview of the Central Corridor Coalition on the Maine Turnpike exit 63 master plan study and its impact through the Town.
Councilor Scheckel stated that the CEDC will ready to speak to the Council on the comprehensive plan and would like some time to be on a January Council agenda. She also suggested that they would like to have someone to help the group to help them understand what the Town needs and is doing.
Council Correspondence: Councilor Grover received a notice on vascular disease screening on Dec. 8th at Pineland. It is not a free service, but it available.
Councilor Scheckel stated that the package the council had received is about the family the Council will be supporting for the holiday.
Third Order of Business:
Interviews: NONE
Presentations:
- Chief Plummer regarding policing in the town of Gray
Chief Plummer gave a presentation and indicated that he has been working on gathering information from various sources on policing in the town of Gray. He indicated that Gray is the largest town in Maine without a police force and requests further direction from the Council on their future direction.
He discussed the Cumberland County Sheriff’s arrangement and is still working on some figures and there are discrepancies that he is researching.
He indicated that there are many calls from Gray. He indicated that contracting with the Sheriff or State Police is on a per person basis and is based on 40 hours a week. He gave some examples of costs. For full coverage (24hrs/365 days) for the Town it would require 4 officers. He did indicated that it is expensive and the costs include such things as salary, benefits, computers and associated costs such as cell phones, cruisers, and police firearms etc. He cited the community of Waterville Valley, NH as an example and that he has spoken with them.
He believes it would be difficult for Gray to have only 1 person cross trained, but rather a minimum of
2 cross trained and 2 others. He gave the financial impact and costs. He believes that an investment of cross training Gray officials and purchasing the equipment directly would be an investment in the Town.
Councilor Scheckel asked about the 40hr shift and how it can be split. Fire Chief Plummer indicated that there is flexibility as to how the 40hr shift can be split based on the features of the community and that there are different avenues to approach this. She asked if there are any negotiations for hours and cruiser with the Sheriff’s Department. Chief Plummer indicated that for the most part, the Sheriff’s Dept. is fairly cut and dry on their procedures.
Councilor Hutchins asked about the floater from the Sheriff’s Dept. Would the Town lose its “floater” officer if the Town contracts to patrol? Chief Plummer indicated that yes.
Councilor Grover asked about regional policing service. Chief Plummer stated that at this time some of the other communities are not that interested in a regional service and that there will be some further research and consultation on this. He believes that Casco, Naples and Raymond are not that interested at this time in regional services because of the different populations and budgets. He believes that this is a long term process to bring police services to fruition. Councilor Grover commented that this has been a long term discussion and that the state and county should have the opportunity to speak on this issue and the impact on having Gray as part of this.
Councilor Sturgis asked if Gray would receive a discount on its county assessment if the Town enters into an agreement. Chief Plummer said no. He did remind the group that the Town had entered into the Cumberland County Dispatch a few years ago and has been pleased with the service. There is an additional cost for police service dispatch. Councilor Sturgis also asked about other community cost sharing info and contracting with other communities who have their own police service. Chief Plummer indicated that there is some interest, but that there are budget issues they are going through.
Councilor Gellerson asked what position the Chief supports. Chief Plummer believes that all the options are viable but that costs and the investment in the community should be considered.
Councilor Scheckel asked if the proposed costs are a net increase to his budget. Chief Plummer indicated that yes, it would be. He also commented on the good service they have been receiving with Cumberland County Dispatch and that there are no complaints at this time.
Councilor Grover suggested that the Cumberland County Sheriff’s Dept. and State Police be given an opportunity to speak on Gray getting organized for policing and get public comment. The other Councilors agreed. It was agreed to have a presentation at an informational meeting/workshop on this topic on January 26th.
- Planning Consultant regarding potential CDBG preliminary applications
George Thebarge gave updates on the CDBG grants for the Clark Block. He gave updates on the progress and funding for this project. He indicated that a contractor has been working the interior of the buildings and that paint for the white building will likely be stripped from the brick. Gorrill-Palmer has bids out for the sidewalks. He indicated that there is more funding available and that there are criteria for them. He recommends more parking for these buildings to make them more marketable. He is in discussion with the owners of the Dunkin Donuts to have some shared parking for the Clark Block businesses. He also discussed the septic systems. These discussions are in the early stages. He also stated that parking is not only an issue but by access in particular by the median
that was installed. He indicated that there is a possibility to persuade MDOT to change the median provided there is an approved plan. He also commented on the road connecting through the northerly side of the cemetery out to Shaker Road. This would be a 3 year process/project and requires a pre-application screening through the CDBG grant process. He indicated that there should be a long term view of the properties and the fire station building and that this is an ambitious possibility. He also commented that if this was not doable, the Town could explore more sidewalk connections throughout the center of town towards Pennell. This is also a substantial project as well. He believes that these projects would be competitive.
Councilor Sturgis asked about the application process and deadline. What is the CDBG timeline? George stated that it is sometime in March and follows a criteria and review process.
Councilor Grover asked about some of the long term obstacles. He asked if it would qualify for a “TIF” since a portion of it is on private property.
Councilor Gellerson asked about the potential widening of the road should the median be removed/moved. He also asked about traffic flow.
George Thebarge gave a synopsis of how the traffic would flow from the Dunkin Donuts, through town and onto Shaker Road as well as the Range Road connector by the cemetery. There was a discussion on the various options.
Councilor Sturgis asked about potential new commercial land being available with the potential traffic change flow. George Thebarge gave an overview of the potential land being available for commercial development and their viability.
Councilor Scheckel asked if the Range Road would be two-way traffic. George Thebarge indicated yes.
George will submit the applications to CDBG for preliminary approval and update the Council.
Public Hearings:
- Public comment on TwinBrook report
Councilor Gellerson asked those who are present to stay focused on the report as a whole.
Pam Wilkinson stated the report is extensive and unbiased. She expressed some concerns and requests that TwinBrook stays in compliance with Town Ordinances. She believes that there has been some degradation of the lake. She would like to see an unannounced follow-up each year by the code enforcement officer to be certain that they follow the ordinances. She asked about the potential build up of the campground as the ordinances have changed. She expressed concerns about a 6 month rule about leaving RVs in the new ordinance.
Susan Moran, Friends of Little Sebago thanked the Council and George Thebarge for the sincere attempt on this report. She believes that there are still areas of concerns. She commented on the several items such as fill and gravel. She disagrees with George’s comments in this area. The marina and waterfront use, safety etc was not addressed in the report. She believes that these items should be addressed for the benefit of the lake. She believes that fines should be imposed.
Ed Getty commented on discrepancies in the report and asked what specific action items are going to take place on this issue. He commented on the septic/sewer and asked about the appropriateness of their method of removal and whether or not there is any documentation on disposal. He believes that there should be consequences if the violations are not corrected by June 1st.
Carol Ann Doucette, President Little Sebago Lake Association read her comments about TwinBrook and commented on the efforts the Association has made on this issue. She stated that the Little Sebago Lake Association requests full compliance on this issue. She believes that the report prepared gives a blueprint for compliance and offers further assistance from the Association
Elliott Woodbury had several comments. He believes that the study should continue with this report from a more objective perspective. Omissions of the report include affidavits from him and others, photographic evidence prior to and after 2006, aerial photos, costs, 8 complaints that were filed. He believes that fill, septic and tree cutting are also critical and not all included in the report.
Gerry Haines commended George Thebarge for his efforts on the report and is a good first step. He believes that there are a number of issues that need to be addressed. He commented on an email about the creation of TwinBrook in 1969. He stated that all the ordinances were in effect at that time and not grandfathered. He also commented on the visual barrier and where it needs to be and cited locations. He also commented on site plans, compliance of utility codes and whether or not they are even allowed to be there. He indicated that there was no approval for utilities by the Planning Board in the past. He also discussed fill and configuration of the sites and the confusion about how many there are. He gave a photo of a real estate listing to give a visual of the
lake to give further explanation that need to be addressed such as pollution, safety and milfoil, in relation to the size of the lake. He further commented on the ignored and unenforced ordinances and that there needs to be assurances. He agrees on the consent agreement and that all items will need to be addressed at once. He disagrees with George’s suggestion of a new method to the ordinance enforcement process as the ordinance does not have these provisions. It should exclude the pending litigation and should allow participation of all interested parties in the creation of this consent agreement. He believes that the agreement should have teeth with penalties and the like to create an incentive to comply.
Francisca Moran stated that she found the report an eye opener on this issue. She expressed concerns that there will not be enforcement as they have violated the law. She gave some examples of some of the changes that are in violation and cited the effective visual barriers. She believes that there is and continues to be issues of compliance.
Cal Cutter stated that this issue has been going on for 2 years and transcends the credibility of the Gray Town Council and believes that fines should be imposed and removed upon compliance with a deadline.
Charlie Morse stated that he has lived at TwinBrook in the summer for many years and believes that this issue needs to be resolved but that everyone including TwinBrook to create a solution. He believes it’s a great campground.
Richard Roy asked about the Council’s next steps. Councilor Gellerson indicated that they will meet with the Town Attorney in Executive Session in 2 weeks.
Fran Monroe asked if the campground’s attorney is present and identify himself. She asked about the Town’s attorney. She believes that the lake residents are well prepared. She commented that as a taxpayer there has been no action. She asked why the fine situation was not in the report and why there has not been compliance. She asked about the cost for preparing the report since it is not in the budget.
Town Manager Cabana stated that the fine will be determined after the consultation with legal counsel. The purpose of the public comment is to gather information and a fine is premature. The report cost is $2500. There have been legal expenses in the past 2 years.
David Lourie, attorney for TwinBrook referred to some of the comments about some of the misstatements and mistakes on this issue. He stated that the campground was established in the early 60’s. He discussed the septic waste issue and clarified misstatements that were previously made. He indicated that the current owner inherited the property and the issues related to it and he indicated that she has been working to resolve the issue and that not everyone will be satisfied with the efforts. He stated that the utility issue is an example of “normal growth” and is allowed by Maine as they are typical updates. They would like to see a resolution as well and work with the Town for a conclusion. He also commented that the owner should be permitted to run a
profitable campground.
Greg Foster of Raymond has worked with the owner on the tree cutting as a forester and indicated that he worked with them using the best foresting practices. No laws were violated in the harvesting of the trees. He stated that they did not exceed accepted volume. He believes that there is an effort on the part of some people to close the campground.
Councilor Gellerson reminded the group that there will be an Executive Session on this issue and he will update people on this.
- A proposal to amend Chapter 405 (The Parking Ordinance of Gray).
No public comment.
- Proposed renewal application of the automobile recycling (salvage) yard for Kevin Kimball & Dube’s Garage located on Frost Road.
No public comment.
Fourth Order of Business: ORDERS
Item #059-09 To review and act on the renewal application of the automobile recycling (salvage) yard for Kevin Kimball D/B/A Kimball’s & Dube’s Garage, Inc.
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Sturgis seconded
Moved the Gray Town Council approves the renewal application of the automobile recycling (salvage) yard for Kevin Kimball D/B/A Kimball’s & Dube’s Garage, Inc., located at 23 Frost Road.
5 Yes
Item #060-09 To review and act on a consent agreement with Blayn Gray regarding property located at 5 Yarmouth Road.
This action requires a majority vote after an opportunity for public comment.
Councilor Sturgis moved; Councilor Grover seconded.
Moved the Gray Town Council authorizes the Code Enforcement Officer to enter into a consent agreement with Blayn Gray regarding property located at 5 Yarmouth Road.
Councilor Scheckel does not support this order as this has no teeth. Councilor Hutchins had concerns about the building permit and asked about the consent agreement. Town Manager Cabana stated that there is strong wording included in the agreement with definite deadlines and that there is work being to bring the property into compliance from a previous building permit. Town Manager Cabana stated that the building permit could be renewed and to bring the property into compliance. Councilor Scheckel stated that all of his actions indicate that there has been no enforcement.
John Welsh was not aware of specifics about work hours and methods. He asked about other violations.
Councilor Scheckel believes that non-compliance is the issue. Town Manager Cabana indicated that a building permit can be renewed and that the present ordinance does not have restrictions about work hours and methods.
Doug Webster stated that the new ordinance has hours and method restrictions, but they do not apply to the village center.
Mary Miller commented that there has been burning at night and wondered about a burning permit. She also commented on the trailer and barn on the property.
Doug Webster stated that this agreement was drafted in November and the intent was to have a final version upon consensus by the Council and other parties. There was also a discussion on the activities going on and whether or not progress is being made. Doug Webster gave an update on the building progress.
Councilor Scheckel asked if he has made a request for a change of use approval with the Planning Board. Doug Webster indicated that the permit is solely for a foundation and does not believe that he has made the request. He believes that the Town would be happier with a capped foundation rather than an unsafe building and has a permit for a foundation and the Town is protected by the conditions of the permit. John Welsh stated that the owner is fulfilling his obligation based on the permit. Doug Webster read some of the conditions of use for the foundation.
Councilor Grover asked if he is in violation at present. Doug Webster stated no.
Councilor Sturgis asked about the accrued cost and asked about the dates of the various stages of completion and asked about certificate of occupancy versus the exterior. Doug Webster reviewed the points related to Councilor Sturgis’ questions. Doug stated that the exterior would meet the Town’s needs for it to not be an unsightly property. There was a discussion on the building permit process (new construction or renovation) and fees for this property.
Doug Webster believes that his understanding was that the Town wanted to have the exterior in compliance. To date, $5,000 of accrued fees exists and a portion would be waived.
Councilor Gellerson stated that he does not understand why any fees should be waived. He believes they should not be waived.
Doug Webster stated that there have been attempts to try to bring a peaceful resolution to this issue.
Councilor Sturgis agrees with Councilor Gellerson. Councilor Scheckel believes that waiving fees is inappropriate and asked what recourse exists if the owner does not want to pay the fees.
Fire Chief Plummer believes that hearing excavation work done all night is not appropriate and cited some other examples of the problems that have arisen. He believes that the owner needs to pay the fees and that the Town should enforce its rules.
Town Manager suggests that this item be tabled at this time to find out what legal recourse the Town has due to different suits. She suggests getting legal guidance on this agreement. She reminded the Council that the ultimate goal has been to bring the property into compliance.
Fran Monroe commented on other issues that exist and not compliance that have not been addressed. She expressed anger that a Councilor has attacked a Town citizen. She believes that living in the village, people have to deal with noise.
Mary Miller stated that the agreement should keep the same deadlines with specific criteria and standards. Permits should not be reissued and deadlines be kept. She believes that the Town has low standards on such issues.
Councilor Scheckel moved; Councilor Hutchins seconded.
Motion to table item #060-09
5 Yes
Item #061-09 To review the village fire station proposals and consider any action.
This action requires a majority vote after an opportunity for public comment.
Town Manager Cabana stated that no proposals were received, but a letter of interest was received from the Gray Historical Society.
Councilor Sheckel stated that she has in the past suggested that the Gray Historical Society consider the village fire station. She had done some in kind work for them and stated that if the Council believes it is a conflict of interest, they should let her know.
Councilor Sturgis believes that she should recuse herself. The other Councilors did not believe that it is necessary
Councilor Sturgis moved; Councilor Gellerson seconded.
Motion to request that Councilor Scheckel recuse herself from this item.
2 Yes (Sturgis - Gellerson) 2 No (Grover – Hutchins)
Leona McLaughlin of the Gray Historical Society gave a brief presentation of the project of the Gray Historical Society in the village fire station. She read her report to the Council that describes the layout of the proposed changes to the structure. She also indicated that the space could be rented out by the Historical Society for exhibits, functions and other activities that could be fundraisers. There could also be partnerships with other organizations. Bay 4 could house the antique fire truck to be part of a fire museum. She stated that there are groups that provide grants which could help with a capital campaign.
She stated that a number of Society members do not think this is a good idea, and requests that more information on the possibility to remain at Pennell. Information such as square footage, length and cost of lease would be needed to help the Historical Society make an informed decision. She asked about the length of time needed that the Historical Society would need to be closed during the Pennell renovation. She stated that many of the Board members like the fire station suggestion, but further information on the Pennell option would be needed. No vote was taken, since they need specific answers from the Council. They can go back to get details from the full membership.
Councilor Gellerson asked if the Society wants to purchase or lease the village station and would they pay for the changes. Leona McLaughlin suggested a purchase or lease option for $1 for example. Councilor Gellerson asked the Council’s opinion on a lease. Councilor Hutchins stated that the past Council approved the Walker Building contingent upon the sale of the village fire station. Councilor Grover appreciates their efforts, but is concerned about the financial feasibility of the Historical Society to take on such a project. He stated that the voters were looking for some type of offset from the sale of the building and become part of the tax rolls. He suggests postponing this discussion and to come up with a leasing option to help the Historical Society with their decision. Councilor
Gellerson would like to see the Historical Society at the village fire station. Councilor Grover stated that he thinks both locations are attractive possibilities for the Society. Councilor Sturgis likes the idea of the sale of the building and the lease of the land. He indicated that this is the only proposal the Town has received and the village fire station would be perfect location for the Historical Society.
Councilor Gellerson asked that Leona come back at the January 6th meeting with a decision about the village fire station and that the Council have some proposal ready. Councilor Grover commented that the Historical Society may be voting on something they don’t have all the information for.
There were discussions on options for staying at Pennell cost wise, philosophically, other leasing locations and the like.
John Welsh asked about the terms on the part of the Town for the options of remaining at Pennell or the fire station. He believes that there needs to be ongoing dialogue as this is not an easy answer.
Pam Wilkinson asked what other communities do. Councilors Sturgis and Hutchins described what some other towns do. She believes that the fire station would be good location for them for the features and benefits.
Don Hutchings believes that the public perception of the sale of the fire station as a revenue source for the Town. He asks what would happen if the Historical Society cannot maintain the building. The CEDC had suggested that there be a dialogue to find out what could be done at Pennell. He stated that the president of the Historical Society supports staying at Pennell and the funding for the project would include an elevator which could go to the second floor. The fire station could become a viable property for commercial in the future once the economy changes. This dialogue should involve everyone including the public.
Helen Davis asked if the Pennell project would have access to the tower as they have many items there. She supports the fire station project.
Fran Monroe stated that she agrees with Don Hutchings’ suggestion. She also stated that the Town does not have economic development and that there is a great deal of spending using taxpayer money.
She believes that the Town assumed that the Historical Society would remain in Pennell and agrees with the public perception comments previously stated.
There was no motion offered for this item
Item #062-09 To review and act upon making appointments to the special committee named the Town Office Committee. This action requires a majority vote after an opportunity for public comment.
Moved to the December 16, 2008 meeting.
Item #063-09 To review and act upon adopting an Order establishing certain details of the Town’s $2,400,000 general obligation bonds to finance the renovation, design, construction and equipping of the Pennell Municipal Complex.
This action requires a majority vote after an opportunity for public comment.
Councilor Grover moved item #063-09 as written; Councilor Scheckel seconded.
Councilor Grover asked about the 20 year time frame. Town Manager Cabana stated that the wording is typical of state law.
5 Yes
.
TOWN OF GRAY
GRAY TOWN COUNCIL ORDER
AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS AND NOTES
WHEREAS, the voters of the Town of Gray, Maine (the "Town") on November 4, 2008 authorized the issuance of up to $2,400,000 in general obligation bonds or notes to pay and reimburse the costs to renovate the Pennell Institute, including the 1957 addition, to provide a new Town Office complex and to pay for costs of engineering and design of certain improvements thereto (the “Project”); and
WHEREAS, the Town Council desire to authorize and establish certain details of the bonds and notes in anticipation thereof;
NOW, THEREFORE, be it ordered by the Town Council of the Town of Gray, Maine:
Section 1. Pursuant to Maine law, including 30-A M.R.S.A. 5772, the Town Charter of the Town, votes duly adopted by the inhabitants of the Town at the Referendum Election duly called and held on November 4, 2008, and all other authority thereto enabling, there is hereby authorized and approved the issuance of general obligation bonds (the “Bonds”) of the Town and/or temporary notes in anticipation thereof (the “Notes) in an aggregate principal amount not to exceed $2,400,000. The Bonds shall be designated “Town of Gray, Maine, General Obligation Bonds” and any notes in anticipation thereof shall be designated “Town of Gray General Obligation Bond Anticipation Notes.” The proceeds of the Bonds and any Notes shall used to
finance the costs of the Project.
Section 2. The Treasurer is authorized to determine the date(s), form, interest rate(s) (which interest rate may be a fixed rate or a variable rate or some combination of the two, and with the average annual interest rate not to exceed a maximum of 7.00% per annum), maturities (not to exceed 30 years from the issue date of the Bonds or any series of bonds, and not to exceed 3 years from the issue date of any Notes) and all other details of each issue of the Bonds and any Notes, including the form and manner of their sale and award. The Bonds and any Notes shall contain such terms and provisions, not inconsistent herewith, as the Treasurer may hereafter determine or authorize or approve, such determination, authorization and approval to be conclusively
evidenced by her execution thereof. The Treasurer is authorized to provide that any of the Bonds and Notes be made callable, with or without premiums, prior to their maturity. Each Bond or Note issued hereunder shall be signed by the Treasurer, shall be countersigned by the Chair of the Town Council, and shall be sealed with the seal of the Town, attested to by its Clerk.
Section 3. The Bonds and Notes shall be general obligations of the Town and to the extent permitted by law the full faith and credit of the Town are pledged for the payment thereof, and an amount sufficient for the payment of the annual payments of principal and interest on the Bonds and any Notes issued hereunder, not payable from other sources, shall be included in the tax levy of the Town each year until the debt represented by said Bonds and Notes is extinguished.
Section 4. The Treasurer is authorized to negotiate, execute, file, approve and deliver, in the name of and on behalf of the Town such contracts, agreements, and other documents, including agreements, contracts, leases, instruments, documents and certificates as may be necessary or appropriate as determined and approved by the Treasurer in connection with the construction and financing of the Project, which documents shall be in such form and contain such terms and conditions, not inconsistent herewith, as may be approved by the Treasurer, such approval to be conclusively evidenced by her execution thereof.
Section 5. The Treasurer is authorized to select a financial advisor and/or an underwriter for the Bonds and Notes, and the Treasurer of the Town is authorized and empowered to execute and deliver such contracts or agreements as may be necessary or appropriate in connection therewith.
Section 6. The Treasurer is authorized to prepare, or cause to be prepared, a Notice of Sale and/or a Preliminary Official Statement and an Official Statement for use in the offering and sale of the Bonds and/or Notes, such Notice of Sale, Preliminary Official Statement and Official Statement to be in such form and contain such information as may be approved by the Treasurer, with the advice of the bond counsel for the Town, and that the distribution of the Notice of Sale and/or Preliminary Official Statement and the Official Statement in the name of and on behalf of the Town in connection with offering the Bonds and/or Notes is hereby authorized and approved.
Section 7. The Treasurer is authorized to select the registrar, paying agent and transfer agent (the “Transfer Agent”) for the Bonds and Notes and to execute and deliver such contracts and agreements as may be necessary or appropriate to secure their services.
Section 8. The Bonds and Notes shall be transferable only on registration books of the Town kept by the Transfer Agent, and said principal amount of the Bonds or Notes of the same maturity (but not of other maturity) in the denomination of $5,000 or any multiple thereof (or such other minimum denomination as the Treasurer shall establish) upon surrender thereof at the principal office of the transfer agent, with a written instrument of transfer satisfactory to the transfer agent duly executed by the registered owner or his attorney duly authorized in writing. Upon each exchange or transfer of a Bond or Note the Town and the Transfer Agent shall make a charge sufficient to cover any tax, fee or any other governmental charge required to be payable with respect to such exchange or
transfer, and with respect to such exchange or transfer, and subsequent to the first exchange or transfer, the cost of preparing new Bonds or Notes upon exchanges or transfer thereof to be paid by the person requesting the same.
Section 9. The Treasurer is authorized to undertake all acts necessary to provide, if deemed necessary or appropriate by the Treasurer in her discretion, for the issuance and transfer of such Bonds and Notes in book-entry form pursuant to the Depository Trust Company Book-Entry Only System, as an alternative to the provisions of the foregoing Order above regarding physical transfer of Bonds and Notes, and the Treasurer is authorized and empowered to enter into a Letter of Representation or any other contract, agreement or understanding necessary or, in her opinion, appropriate in order to qualify the Bonds or Notes for and participate in the Depository Trust Company Book-Entry Only System.
Section 10. The Treasurer and Chair of the Town Council from time to time shall execute such Bonds or Notes as may be required to provide for exchanges or transfers of Bonds or Notes as heretofore authorized, all such Bonds or Notes to be executed as above described, and in case any officer of the Town whose signature appears on any Bond or Note shall cease to be such officer before the delivery of said Bond or Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery thereof.
Section 11. The Treasurer is authorized to covenant and certify on behalf of the Town that no part of the proceeds of the issue and sale of the Notes or the Bonds authorized to be issued hereunder shall be used directly or indirectly to acquire any securities or obligations, the acquisition of which would cause such Notes or Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and that no part of the proceeds of the issue and sale of such Notes or Bonds (including any notes and bonds in renewal thereof) shall be used, directly or indirectly, in such manner which would cause the Notes or Bonds to be "private activity bonds" within the meaning of Section 141 of
the Code.
Section 12. The Treasurer is also authorized and empowered to take all such action as may be necessary to designate the Bonds and/or Notes as qualified tax-exempt obligations for purposes of Section 265(b) of the Code; it being the Town Council's intention that the Treasurer, with advice of bond counsel, make the required Section 265(b) election with respect to such Bonds and Notes to the extent the election may be available and advisable as determined by the Treasurer.
Section 13. The Treasurer is hereby authorized to covenant and agree, on behalf of the Town, for the benefit of the holders of the Bonds and Notes, that the Town will file any required reports and take any other action that may be necessary to ensure that interest on the Bonds and Notes will remain exempt from federal income taxation, and that the Town will refrain from any action that would cause interest on the Bonds or Notes to be subject to federal income taxation.
Section 14. The Treasurer is authorized to covenant, certify and agree, on behalf of the Town, for the benefit of the holders of the Notes or Bonds, that the Town will file any required reports, make any annual financial or material event disclosure, and take any other action that may be necessary to insure that the disclosure requirements imposed by Rule 15c2-12 of the Securities and Exchange Commission, if applicable, are met.
Section 15. If any of the officers or officials of the Town who have signed or sealed the Bonds or Notes shall cease to be such officers or officials before the Bonds or Notes so signed and sealed shall have been actually authenticated or delivered by the Town, such Bonds or Notes nevertheless may be authenticated, issued, and delivered with the same force and effect as though the person or persons who signed or sealed such Bonds or Notes had not ceased to be such officer or official; and also any such Bonds or Notes may be signed and sealed on behalf of the Town by those persons who, at the actual date of the execution of such Bonds or Notes, shall be the proper officers and officials of the Town, although at the nominal date of such Bonds or Notes any such
person shall not have been such officer or official.
Section 16. If the Treasurer, Chair of the Town Council or Clerk are for any reason unavailable to approve and execute the Bonds or Notes or any of the related financing documents, the person or persons then acting in any such capacity, whether as an assistant, a deputy, or otherwise, is authorized to act for such official with the same force and effect as if such official had herself performed such act.
Section 17. The Treasurer, Chair of the Town Council, Clerk and other appropriate officers of the Town are hereby authorized and empowered to do or cause to be done all acts and things, not inconsistent herewith, as may be necessary or appropriate in order to effect the issuance, execution, sale and delivery of the Bonds and any Notes, and to carry out the provisions of the resolutions heretofore adopted at this meeting in connection with the Project.
Section 18. The term “cost” or “costs” as used herein and applied to the Project, or any portion thereof, includes, but is not limited to (1) the purchase price or acquisition cost of all or any portion of the Project; (2) the cost of construction, building, alteration, enlargement, reconstruction, renovation, improvement, and equipping of the Project; (3) the cost of all appurtenances and other facilities either on, above, or under the ground which are used or usable in connection with the Project; (4) the cost of landscaping, site preparation and remodeling of any improvements or facilities; (5) the cost of all labor, materials, building systems, machinery and equipment; (6) the cost of land, structures, real property interests,
rights, easements, and franchises acquired in connection with the Project; (7) the cost of all utility extensions and site improvements and development; (8) the cost of planning, developing, preparation of specifications, surveys, engineering, feasibility studies, legal and other professional services associated with the Project; (9) the cost of environmental studies and assessments; (10) the cost of financing charges and issuance costs, including premiums for insurance, interest prior to and during construction and for a period not to exceed three (3) years from the issue date of the Bonds or Notes, underwriters' fees and costs, legal and accounting fees and costs, application fees, and other fees and expenses relating to the financing transaction; and (11) the cost of all other financing authorized hereunder, whether related or unrelated to the foregoing.
Section 19. In each of the years during which any of the Bonds or Notes issued hereunder are outstanding, there shall be levied a tax in an amount which, with other revenues, if any, available for that purpose, shall be sufficient to pay the interest on said Bonds or Notes, payable in such year, and the principal of such Bonds or Notes maturing in such year (except in the case of Notes to be refunded in that year by the issuance of Bonds).
Section 20. Any or all of the Bonds or Notes issued hereunder may be consolidated with and become a part of any other issue of temporary notes or general obligation bonds authorized to be issued by any previous or subsequent Order of the Town Council of the Town of Gray.
Section 21. The sum of $2,400,000 is hereby appropriated to finance the costs (as herein defined) of the Project, $2,400,000 of such amount to be raised by the issuance of general obligations bonds and/or notes of the Town. In addition, the investment earnings on the proceeds of the Bonds and Notes, if any, and the excess proceeds of the Bonds and Notes, if any, are hereby appropriated for the following purposes, such proceeds to be held and applied in the following order of priority: (a) to any costs of the Project in excess of the principal amount of the Bonds or Notes; and (b) in accordance with applicable terms and provisions of the Arbitrage and the Use of Proceeds Certificate delivered in connection with the sale of the Bonds or Notes.
Section 22. It is the intent of the Town Council that this Bond Order shall constitute the Town's declaration of official intent within the meaning of Treasury Regulation 1.150-2 to pay, on an interim basis, costs of the Project in an amount up to the principal amount of the Bonds to be issued, which costs the Town reasonably expects to reimburse with proceeds of the Bonds or Notes.
Fifth Order of Business: ORDINANCES:
Item #056-09 (Second Reading) To review and act upon an amendment to the Town of Gray Parking Ordinance, Chapter 502.
This action requires a majority vote after an opportunity for public comment
Councilor Scheckel moved; Councilor Hutchins seconded.
The Town of Gray hereby ordains that the proposed amendments to the Town of Gray parking Ordinance, Chapter 502 be approved.
4 Yes/ 1 No (Grover)
Sixth Order of Business:
Council Business: - Postponed until the December 16th town council meeting
- Discussion regarding preliminary budget remarks from Council members
- Schedule additional mutual committee/council meetings
Seventh Order of Business:
Additions to the Agenda: For the December 16th meeting: Ron Norton presentation, items not addressed at this meeting, town office committee, timetable about the budget-under Council business, budget updates in January.
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Mobile Vendor License Ordinance Amendment.
Clarify Committee Priorities
Fuel Usage – Revisit October 2008
Parking Ordinance- Remove.
Mass Gathering Ordinance
Department Head Goals
Update Personnel Policy/Administrative Code
Discussion Regarding Police Protection Options
Councilor Grover suggested that the wording “This action requires a majority vote after an opportunity
for public comment” not always be listed since it may not always be necessary.
Ninth Order of Business: Adjournment
Councilor Scheckel moved; Councilor Sturgis seconded.
Motion to adjourn.
5 Yes
The meeting ended at 12:02am
Minutes approved and accepted December 16, 2008 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Chair Tracy Scheckel, Vice Chair
______________________________ ___________________________
Mark D. Grover Margaret Hutchins
_____________________________
Matthew Sturgis
* The Town of Gray is an equal opportunity employer and complies with all applicable equal access to public accommodations law. If you are planning to attend a Town Council or Town committee or board meeting and need assistance with a physical disability, please contact the Town Manager’s office at least 48 hours in advance of the meeting to have the Town assist you. 657-3339. TTY 657-3931.
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