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Minutes
of NVC Meeting of September
22, 2002 President
Ken Vlodek convened the meeting of the Northport Village Corporation Board of
Overseers at 10:00 AM on September 22, 2002, in the Community Hall with
Overseers Doug Mayer, Dan Doucette, Joe Krulis, Judy Rohweder, Dave Crofoot,
Greg Closter, Treasurer Russ Handler, and Clerk Lagner present. All Overseers
and officers had been previously sworn in. The
minutes of the August 11, 2002, meeting, and the Special Meeting of August 18,
2002, were approved. The
treasurer's report was approved as follows:
General Government
Checking
$18,633.84
Community Hall 396.71
Money Market
42,725.39
Total Government
$61,755.94
Water Department
Checking
$49,575.55
Checking
10.00
Total Water Department $99,585.55
Sewer Department
Checking
$8,423.83
Checking
10.00
CD721053
19,650.15
Money Market
21,847.63
Total Sewer Department $49,931.61 Resident Concerns Nitzburg:
Dave Crofoot, chairman of
the Infrastructure Committee, explained that the sea wall needed repair below
the Nitzburg residence. After discussion, Doug moved, and Dan seconded a motion
that Stan Nitzburg shall have the right to cross and access Beale Park and other
Village property in connection with a construction project related to
stabilization of his bank, on the conditions that (1) his contractor provide
insurance binders naming Northport Village Corporation (NVC) as beneficiary of
all liability and Workers' Comp. policies related to the project; (2) a
construction easement be granted providing the time limits for the project; (3)
an indemnification contract provided by Stan Nitzburg to hold the NVC harmless
from any claims of defects, injury, or violation of ordinances or laws on NVC
property; (4) Stan Nitzburg to pay the reasonable attorney's fees associated
with preparing these documents; (5) Stan Nitzburg to obtain all necessary
permits before commencing work. So Voted. Bayside
Historical Preservation Society (BHPS):
The BHPS requested permission to move
onto Village-owned property with a long-term land lease a historic cottage
contributed by Burt Sturrup. Sites considered are Cradle Row and Wharf Street at
Scribner Park. Dave moved, and Doug seconded a motion that the Northport Village
Corporation sublet some portion of Village land to the Bayside Historical
Preservation Society for the purpose of placing the donated building. Voted.
Doug
next moved and Dan seconded that we entitle the BHPS to park the building within
established lines on the Wharf Street site for this winter (BHPS will be
responsible for repairing any damage to the park property and library
plantings), with a recommendation for BHPS to come back to the Board by January
with a recommendation for final, permanent placement and lease arrangements. So
voted by a vote of 5 yes, and 1 opposed. Ed
Williams:
Ed presented a proposal from
Northeast Tree Service for trimming the trees at 771 Shore Road, and a letter of
consent from Craig Poulin, owner of the cedar trees in question. Dan moved and
Doug seconded a motion to approve the Northport Village Corporation expense for
tree pruning according to the proposal as presented from Northeast Tree Service.
So voted, with 5 yes, 1 abstention. Other concerns discussed
(no action taken): Patricia Lojak: Parking
congestion (Ordinance needed) Mary Hanrahan: RV parking
(Ordinance needed) Todd Merolla: Mussel farm
updates. (materials to be dispensed to Board) Gordon Fuller: Construction
effects on Ruggles Park and boat winter storage. (John Fancy said there should
be no interference with stored boats.) Greg Closter: Bluff Road
surface condition. (Refer to Bill Magruder) Judy
Rohweder: Speed limit signs needed. Village Agent Bill Paige Rules
are needed for the use of Cradle Park which has been cleaned up by a large group
of volunteers. Dave Crofoot's committee will work on this. Recyclables
will be picked up with the regular trash pick-up on Mondays. While
the construction is going on, Bill asked permission to store the floats on the
causeway leading to the wharf. Lynch Construction will be consulted. Snowplowing:
Bill Magruder will be asked to bid, as his trucks will already be plowing the
town roads throughout the Village. Last year's plower will also be approached
for a bid. Wharfmaster:
Assistant Wharf Master Steve
Trenholm will send requests to the Northport Harbor Committee for payment of
expenditures that previously were covered out of the boat excise taxes and
harbor fees that now are going directly to said Committee. Water/Wastewater Public
Hearing: September 15: Sparse attendance. Judy Rohweder took the minutes in the
absence of the Clerk. Dave moved and Dan seconded a motion to name Judy Rohweder
as the Secretary pro-tem for the meeting, and to accept her minutes. So
voted. Doug
Mayer, Chairman of the Utility Committee, presented the following motion: 1.
(Interim financing for construction Phase I) Doug
moved and Dan seconded a motion that the Northport Village Corporation accept a
bid from Union Trust to provide interim (bridge) financing for Phase I in the
amount of $682,000 for two aspects of Phase I at the rate of 1.94%. So
voted with 5 yes, 1 abstaining. 1.1
(Grant/loan agreement-Water Phase I) Upon
motions made and duly seconded, the following votes were unanimously adopted: Voted: That pursuant to the charter of the Northport Village Corporation,
Chapter 136 of the Private and Special Laws of Maine, 1915, as amended, and
Title 30-A and 35-A of the Maine Revised Statues, as amended, and pursuant to
action taken by the voters of the Village Corporation at the annual meeting of
the Village Corporation held August 8, 2000, and any other applicable authority
under the laws of the State of Maine, the Oversees are hereby authorized to
borrow on behalf of the Corporation from the United States of America, acting
through Rural Utilities Service a principal amount not exceeding Two-Hundred
Forty-Two-Thousand Dollars ($242,000) at an interest rate not to exceed 4.75%
and at other conditions to be determined by Rural Utilities Service, payable
over a period not to exceed thirty (30) years to finance improvements to the
Corporation's water system, including, but not limited to replacement of water
lines on Broadway, Main Street, Bay Street, and Sea Street (the
"Project"), said loan to be evidenced by the 2002 General Obligation
Water Bond of the Corporation, to be executed and delivered on behalf of the
Corporation by the Treasurer and counter-signed by a majority at least of the
Board of Overseers (the "Bond"). Voted:
In anticipation of the long term financing from the United States of America,
and pursuant to authority granted by Title 30-A and Title 35-A of the Maine
Revised Statutes, as amended, and any other applicable authority under the laws
of the State of Maine thereto enabling the Treasurer and a majority at least of
the Board of Overseers of the Northport Village Corporation, are hereby
authorized to issue to Union Trust Company the 2002 General Obligation Water
Bond Anticipation Note of the Corporation in a principal amount not exceeding
Two-Hundred Forty-Two-Thousand Dollars ($242,000), the proceeds of the loan to
be used to finance improvements to the Corporation's water system, including,
but not limited to replacement of water lines on Broadway, Main Street, Bay
Street, and Sea Street (the "Project"), to be executed and delivered
on behalf of the Corporation by the Treasurer and counter-signed by a majority
at least of the Board of Overseers of the Corporation, such Note to be for a
term not to exceed one year, with interest payable at an interest rate and to be
on such further terms and conditions as may be agreed to by the Treasurer and a
majority at least of the Board of Overseers of the Corporation (the
"Note"). Voted:
That all actions heretofore taken by the Overseers of the Corporation relating
to the issuance of the Corporation's 2002 General Obligation Water Bond to the
United States of America be and they hereby are ratified, approved, and
confirmed. Voted: That
pursuant to the requirements of the Tax Reform Act of 1986, the Corporation
designates the Bond to be a "qualified tax exempt obligation" of the
Corporation, and that the Corporation shall not issue in 2002 an aggregate total
amount of qualified tax exempt obligations in excess of $10,000,000. Further,
the Corporation does not reasonably expect to issue qualified tax exempt
obligations in an amount in excess of $5,000,000 during 2002. Voted:
That the Corporation shall take any and all actions required under the Tax
Reform Act of l986 to maintain the tax exempt status of the interest on the Bond
and Note, and to maintain the status of the Bond as a "qualified tax exempt
obligations" of the Corporation, and that the Bond and note may be subject
to such further terms and conditions as may be agreed to by a majority at least
of the Board of Overseers and the Treasurer of the Corporation to carry into
effect the full intent of this resolution. Voted:
That the law firm of Eaton Peabody is hereby designated as bond counsel for the
Corporation to advise the Corporation with respect to the issuance and sale of
the Bond and Note, and to prepare documents and render opinions as may be
necessary or convenient for the purpose. Voted:
That the municipal officers and officials of the Corporation are hereby
authorized to execute all documents and certificates, and to take all action,
including affixing the seal of the Corporation, as may be necessary or
convenient to carry out the full intent of the foregoing votes or any one of
them. Voted:
That the Treasurer and President of the Board of Overseers are hereby authorized
to make application to the Maine Public Utilities Commission for authorization
to issue long term securities of the Corporation for the Project in the
principal amount of $242,000. Doug
moved and Dan seconded a motion that we accept the substance of a letter from
Michael Trainor dated Sept. 18 regarding a General Obligation Water Bond in the
amount of $242,000. So voted. 1.2
(Grant/loan agreement-sewer system) Upon
motions made and duly seconded, the following votes were unanimously adopted: Voted: That pursuant to the charter of the Northport Village Corporation,
Chapter 136 of the Private and Special Laws of Maine, 1915, as amended, and
Title 30-A and 35-A of the Maine Revised Statues, as amended, and pursuant to
action taken by the voters of the Village Corporation at the annual meeting of
the Village Corporation held August 8, 2000, and any other applicable authority
under the laws of the State of Maine, the Oversees are hereby authorized to
borrow on behalf of the Corporation from the United States of America, acting
through Rural Utilities Service a principal amount not exceeding Four-Hundred
Forty Thousand Dollars ($440,000) at an interest rate not to exceed 4.75% and at
other conditions to be determined by Rural Utilities Service, payable over a
period not to exceed thirty (30) years to finance improvements to the
Corporation's sewer system, including, but not limited to replacement of
sanitary sewers and storm drains on Broadway, Main Street, and Shore Road (the
"Project"), said loan to be evidenced by the 2002 General Obligation
Sewer Bond of the Corporation, to be executed and delivered on behalf of the
Corporation by the Treasurer and counter-signed by a majority at least of the
Board of Overseers (the "Bond"). Voted:
In anticipation of the long term financing from the United States of America,
and pursuant to authority granted by Title 30-A and Title 35-A of the Maine
Revised Statutes, as amended, and any other applicable authority under the laws
of the State of Maine thereto enabling the Treasurer and a majority at least of
the Board of Overseers of the Northport Village Corporation, are hereby
authorized to issue to Union Trust Company the 2002 General Obligation Sewer
Bond Anticipation Note of the Corporation in a principal amount not exceeding
Four-Hundred Forty Thousand Dollars ($440,000), the proceeds of the loan to be
used to finance improvements to the Corporation's water system, including, but
not limited to replacement of water lines on Broadway, Main Street, and Shore
Road (the "Project"), to be executed and delivered on behalf of the
Corporation by the Treasurer and counter-signed by a majority at least of the
Board of Overseers of the Corporation, such Note to be for a term not to exceed
one year, with interest payable at an interest rate and to be on such further
terms and conditions as may be agreed to by the Treasurer and a majority at
least of the Board of Overseers of the Corporation (the "Note"). Voted:
That all actions heretofore taken by the Overseers of the Corporation relating
to the issuance of the Corporation's 2002 General Obligation Sewer Bond to the
United States of America be and they hereby are ratified, approved, and
confirmed. Voted: That
pursuant to the requirements of the Tax Reform Act of 1986, the Corporation
designates the Bond to be a "qualified tax exempt obligation" of the
Corporation, and that the Corporation shall not issue in 2002 an aggregate total
amount of qualified tax exempt obligations in excess of $10,000,000. Further,
the Corporation does not reasonably expect to issue qualified tax exempt
obligations in an amount in excess of $5,000,000 during 2002. Voted:
That the Corporation shall take any and all actions required under the Tax
Reform Act of l986 to maintain the tax exempt status of the interest on the Bond
and Note, and to maintain the status of the Bond as a "qualified tax exempt
obligations" of the Corporation, and that the Bond and note may be subject
to such further terms and conditions as may be agreed to by a majority at least
of the Board of Overseers and the Treasurer of the Corporation to carry into
effect the full intent of this resolution. Voted:
That the law firm of Eaton Peabody is hereby designated as bond counsel for the
Corporation to advise the Corporation with respect to the issuance and sale of
the Bond and Note, and to prepare documents and render opinions as may be
necessary or convenient for the purpose. Voted:
That the municipal officers and officials of the Corporation are hereby
authorized to execute all documents and certificates, and to take all action,
including affixing the seal of the Corporation, as may be necessary or
convenient to carry out the full intent of the foregoing votes or any one of
them. Voted:
That the Treasurer and President of the Board of Overseers are hereby authorized
to make application to the Maine Public Utilities Commission for authorization
to issue long term securities of the Corporation for the Project in the
principal amount of $440,000. Doug
moved and Dan seconded a motion that we accept the substance of a letter from
Michael Trainor dated Sept. 18 regarding a General Obligation Sewer Bond in the
amount of $440,000. So voted. 2.
(Water meter purchase) Doug
moved and Judy seconded a motion that the Northport Village Corporation accept
the bid of Ti-Sales, Inc., to provide the Village Utility with 291 Neptune water
meters, including remote readers, handheld encoder-reader, data collector,
charger, accessories, and meter reading management software. So
voted, with 5 yes, 1 opposed. 3.
(Approved signatures) Doug
moved, and Dan seconded a motion that the Northport Village Corporation
authorize Douglas Mayer and Judy Rohweder to sign necessary operational
documents for Phase I. So voted. 4.
(Study #1: Ways to improve present wastewater treatment plant) Doug
moved, and Dave seconded a motion that the Northport Village Corporation seek
proposals for an engineering study to improve BOD removal from the treatment
plant's effluent, and other improvements that can be economically justified for
a treatment plant with a limited life. This study will begin in November, with a
draft to the NVC Utility Committee by 2/28/03 and a completion date of 3/31/03. So
voted. 5.
(Study #2: Options for future wastewater treatment facility) Doug
moved and Dan seconded a motion that the Northport Village Corporation seek
proposals for an engineering study to examine alternatives to the existing
treatment facility. Specifically, the study will examine a new NVC-located
wastewater treatment facility and the possibility of pumping wastewater to
another facility for treatment. This study should look at options that employ
environmentally sound treatment and disposal methods, and reflect cost
effectiveness across a 20-year operating window. The study must include a detailed cost breakdown of the
preferred option and a recommended funding arrangement. The impact on user costs
will be reviewed along with a realistic time schedule for implementation of the
recommended option. The study should also include an environmental information
document. The study will begin in November, with a draft to the Utilities
Committee by 4/30/03 and completion by 6/30/03. So
voted. 6.
(Application for loan/grant for Phase II Project) Grant
Agreement: BE IT RESOLVED that the Board of Overseers of the Northport Village
Corporation approves and accepts in all respects, a proposed loan of $318,000.00
at an interest rate not to exceed four and three-quarters percent (4.75%) for a
period not to exceed twenty-nine (29) years, from the USDA Rural Development
(RD) for the purpose of extending a water main along Shore Road and Bluff Road
in accordance with Loan Resolution (Public Bodies), RUS Bulletin 1780-27, and a
proposed Grant in the amount of $260,000.00 in accordance with Grant Agreement,
RUS Bulletin 1780-12, and the Resolution of the Board of Overseers to authorize
the President and the Clerk to execute and deliver all documents, and to take
any and all actions necessary to carry into effect such financing, including,
but not limited to, Form RD 400-1, Equal Opportunity Agreement, and Form RD
400-4, Assurance Agreement. RUS
Bulletin 1780-27 was presented and voted upon as follows:
Yeas: 6 Nays:
0 Absent 1
. Doug
moved and Dan seconded a motion that the Board of Overseers of the Northport
Village Corporation hereby resolves and does authorize its President and its
Clerk to execute and deliver RUS Bulletin 1780-12, Water or Waste System Grant
Agreement, on behalf of the NVC, substantially, in the form presented to this
meeting with such changes and additions as they in their discretion may deem
necessary or appropriate. Resolved further that the NVC, acting through its
appropriate officers as designated in its by-laws, will take all necessary and
appropriate steps to carry out the transactions contemplated by the Grant
Agreement approved at this meeting. So
voted. The
Resolution of the Board of Overseers of the Northport Village Corporation
pertaining to the Rural Development Grant was presented and voted upon as
follows:
Yeas: ___6___ Nays:
___0___ Absent: ___1___ Finance Dan
asked that boat owners storing their boats in the park be billed a storage fee. Safety Judy
presented a request from Sal Demeo for a police cruiser. To be investigated. Appointments The
committee chairpersons were appointed as follows: Utilities:
Doug Mayer Finance:
Dan Doucette Infrastructure:
David Crofoot Parks:
Jane Phillips Information:
Greg Closter Recreation:
Joe Krulis Safety:
Judy Rohweder Archivist:
Elaine Smith Community
Hall: Dick Tardif
Library: Bob Stein Voted: Chairman
of the Board of Overseers: Doug Mayer. The
meeting was adjourned at 12:41 PM. The next meeting will be October 27, 2002, in
the Drinkwater School. Respectfully
submitted, Eleanor
D. Lagner, Clerk Upcoming
meetings:
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