September 9, 2024

“Mr. Piekarski moved to accept a gift in the amount of $5,000 from Jo-Ann Kenney for the care and maintenance of the Millie O'Neill Rose Garden at the Harwich Community Center. Seconded by Mr. MacAskill. Carolyn Carey was present and explained who Jo-Ann Kenney is and described the Garden. She commented that the garden needs a lot of work and they would be grateful if they could accept this gift. Vote: 4:0 in favor. Motion carried.” (Motion: Piekarski, second: MacAskill)

Read it in the official minutes, page 2 (PDF)

“Mr. Piekarski moved to vote to authorize Interim Loan Note and Bond to be issued to Massachusetts Clean Water Trust for Loan No. CWP-23-19 and 19-A for Phase 3 Sewer Project. Mr. Piekarski confirmed with Mr. Powers that the document in hand came from Counsel. Mr. Powers noted a document in the packet entitled Vote of the Select Board. What is before the Board is the version to make the motion that supports the contents of the document itself. Bond Counsel expects that it be read verbatim as they have written it. Mr. Piekarski moved: Item 1. That the Town shall issue a Bond or Bonds in an aggregate principal amount not to exceed $41,921,965 known as the Bonds, pursuant to Chapter 29C and 44 of the General Laws and a vote of the Town passed May 1, 2023, Article 21 and excluded from the tax limitations of Prop 2 1/2 so called on May 16, 2023, question 2, for planning and construction of sewers and other water pollutant control abatement infrastructure known as The Project. Item 2. That the terms of the financing agreement between the Town and the Mass Clean Water Trust, the Trust, the financing agreements and the project regulatory agreements between the Town and the Department of Environmental Protection of the Commonwealth of Massachusetts, the DEP, the project regulatory agreements each relating to the Notes and Bonds are hereby approved. Item 3. That in anticipation of the issuance of the Bond , the Treasurer is authorized to issue an interim Loan Note or Notes, the Notes from time to time in an aggregate principal amount not to exceed $41,921,965. Item 4. That each Bond or Note shall be issued as a single registered security and sold to the Trust at a price determined pursuant to the financing agreements. Item 5. That the Treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturity of each one and Note that to execute a financing agreement with the Trust with respect to the sale of the Bonds and Notes. Such date, form and maturities and the specific interest rates or rates of the Bonds and Notes to be approved by a majority of the Select Board and the Treasurer and evidenced by their execution of the Bonds or Notes. Item 6. That any certificates or documents related to each Bond and Notes, collectively the documents, may be executed into several counterparts, each of which shall be regarded as an original and all of which shall constitute one of the same document. Delivery of an executed counterpart of a signature page to a document by electronic mail, in a PDF file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such document. Electronic signatures on any of the documents shall be deemed original signatures for the purpose of the documents and all matters relating thereto having the same legal effect as original signatures. Item 7. That all action taken to date by the Town and its offices and agents to carry out the project and its financing including the execution of any loan commitment or agreement by the Treasurer are hereby ratified, approved and confirmed. Item 8. That the Treasurer and other appropriate Town officials are each here authorized to take any and all actions necessary or convenient to carry out the provisions of this vote including execution and delivery of the financing agreement and the project regulatory agreement related to the project. Seconded by Mr. Howell. Mr. MacAskill commented that the Board had not received anything from Counsel on this issue. He added that he has never signed a note without a lawyer beside him that had reviewed the document. Mr. MacAskill noted that Mr. Powers had stated that it was a document created by Bond Counsel. He would prefer that they had some sort of review by counsel before signing a 41 million dollar document. Mr. Powers responded that Town Counsel defers to Bond Counsel on borrowing Notes. Mr. MacAskill replied that Bond Counsel should be going through the document with the Board. He referred specifically to #2, which he read aloud. He stated that he has not seen the documents referred to and asked what he would be signing. Mr. Powers replied that he thinks the Board has seen the documents with the full borrowing which was presented by the Assistant Town Manager and the Town Treasurer. He explained that this is the interim Note to get to the full borrowing. He stated that Bond Counsel directed he and the Treasurer to get this to the Select Board as soon as practicable. Bond Counsel created everything and directed him to get it to the Select Board for their execution because it is an interim borrowing. He added that all the other borrowing is done but if all these documents are signed this evening, it allows he and Eric and Ed to start submitting for reimbursement on everything related to the Phase 3 Project. Regarding #2, all of those documents have been shared in the past in some form and it ties into the State Revolving Fund questionnaire that was required to be submitted back in August. Mr. Powers noted that what the Board is being asked to do tonight by Bond Counsel, is exactly those 8 statements as read. The Clerk of the Select Board signs a certification saying that he read it and a majority of the Select Board voted it. Mr. MacAskill requested that Mr. Powers email the regulatory agreements to him and suggested that it would be great to get them when they are first approved. Vote: 4:0 in favor. Motion carried.” (Motion: Piekarski, second: Howell)

Read it in the official minutes, page 3 (PDF)