Town of Gray, ME - 2008-12-02 Town Council Agenda

GRAY TOWN COUNCIL MEETING

STIMSON HALL –7:00 P.M.

Pledge of Allegiance to the Flag

Minutes from Previous Meetings:

Approval of November 10th, 2008, Town Council Minutes

Proposed motion:

Ordered the Gray Town Council approves October 21, 2008 Town Council Minutes as presented.

First Order of Business:

Public Comments of Non-Agenda Items – (limit 3 minutes per person)

Second Order of Business:

Reports from the Council Chair:

Reports from the Town Manager:

Council Correspondence:

Third Order of Business:

1) Chief Plummer regarding policing in the town of Gray

2) Planning Consultant regarding potential CDBG preliminary applications

1) Public comment on TwinBrook report

2) A proposal to amend Chapter 405 (The Parking Ordinance of Gray).

3) Proposed renewal application of the automobile recycling (salvage) yard for Kevin Kimball & Dube’s Garage located on Frost Road.

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.

Proposed motion:

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.

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.

Proposed motion:

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.

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.

Proposed Motion:

Ordered the Gray Town Council .

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.

Proposed Motion:

Ordered the Gray Town Council appoints ( ) to the special committee named the Town Office Committee.

1. Town Council Chair

2. Regular Council Member

3. Regular Council Member

4. Member of Planning Board

6. Community Development/Town Building Administrator

10. Historical Society

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.

Proposed motion:

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

Proposed Motion:

The Town of Gray hereby ordains that the proposed amendments to the Town of Gray parking Ordinance, Chapter 502.

Sixth Order of Business:

(1) Discussion regarding preliminary budget remarks from Council members

(2) Schedule additional mutual committee/council meetings

Seventh Order of Business:

Additions to the Agenda:

Eighth Order of Business:

Council Action Items, Assignments and Issues Status:

Mobile Vendor License Ordinance Amendment.

Clarify Committee Priorities

Fuel Usage – Revisit October 2008

Mass Gathering Ordinance

Department Head Goals

Update Personnel Policy/Administrative Code

Discussion Regarding Police Protection Options

Ninth Order of Business: Adjournment

* 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.