LEGISLATIVE SESSION MINUTES

                                                                       

October 20, 2009

Denton, Maryland

 

                                                Present:            John W. Cole, President

                                                                        Roger L. Layton, Vice President

                                                                        Jefferson L. Ghrist, Member

                        Richard P. Barton, County Administrator

 

At 9:39 p.m., on motion by Mr. Ghrist and seconded by Mr. Layton, the County Commissioners unanimously adjourned Regular Session and convened in Legislative Session for the third reading and proposed enactment of the following:

 

Legislative Bill #2009-6, General Obligation Refunding Bond Authorization for (1) Certain Outstanding 1982, 1996, 1997, and 1998 County General Obligation Bonds Evidencing Loans from the United States of America, Acting Through Certain Departments, Divisions, or Agencies Thereof, and the Maryland Community Development Administration, as Applicable, and (2) Certain Outstanding Certificates of Participation (Caroline County Health and Public Service Facility), Series 1997

 

FOR THE PURPOSE OF authorizing and empowering County Commissioners of Caroline County to borrow not more than Nine Million Dollars ($9,000,000.00) in the aggregate for the public purpose of refunding or advance refunding all or a portion of the outstanding and unpaid (i) Caroline County Jail Facilities Bonds of 1982, (ii) Caroline County Public Library Bonds of 1996, (iii) Caroline County Detention Center Bonds of 1996, (iv) Caroline County Detention Center Bond of 1997, (v) County Commissioners of Caroline County, Maryland Infrastructure Bonds, 1997 Series A, (vi) Certificates of Participation (Caroline County Health and Public Service Facility), Series 1997, and/or (vii) County Commissioners of Caroline County Infrastructure Bonds, 1998 Series A, paying costs of issuance and paying funded interest, by the issuance at one time or from time to time, at public or private sale, of its general obligation refunding bonds (the “original refunding bonds”) in one or more groups or series not in excess of such aggregate principal amount; authorizing and empowering the County to issue and sell, at one time or from time to time, at public or private sale, additional general obligation refunding bonds (the “subsequent refunding bonds”) in one or more groups or series for the purpose of refunding or advance refunding any of the original refunding bonds issued pursuant to the authority of this public local law, paying costs of issuance and paying funded interest, provided that the aggregate principal amount of any such issue of subsequent refunding bonds shall not exceed 130% of the aggregate principal amount of the original refunding bonds refunded therefrom; empowering and directing the County to adopt a resolution or resolutions in accordance with Section 15(4) of Article 25B of the Annotated Code of Maryland prior to issuing all or any part of the refunding bonds authorized hereby; authorizing and empowering the County, by adoption of a resolution or resolutions prior to the issuance of any such refunding bonds, to approve, determine or provide for certain details relating to such obligations; providing for the determination by resolution as to the application of (i) any premium paid upon the sale of, and (ii) any earnings on the investment of proceeds of the refunding bonds authorized hereby; making certain representations with respect to any such refunding bonds issued on a tax-exempt basis; pledging the faith and credit and unlimited taxing power of the County to the payment of the refunding bonds authorized hereby and providing that any such obligations may be payable from other sources available for such purposes; providing that this title be deemed a fair summary of this public local law for all purposes; and relating generally to the issuance and sale of the refunding bonds authorized hereby.

 

Sara Visintainer, Executive Assistant, stated that the Bill was introduced on September 8, 2009, and the public hearing was advertised in the September 30, 2009 and October 7, 2009 Times Record and the October 4, 2009 Sunday Star Democrat newspapers.  The public hearing was held on October 13, 2009, and no testimony was received, either written or in person.  On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on Legislative Bill #2009-6, General Obligation Refunding Bond Authorization for (1) Certain Outstanding 1982, 1996, 1997, and 1998 County General Obligation Bonds Evidencing Loans from the United States of America, Acting Through Certain Departments, Divisions, or Agencies Thereof, and the Maryland Community Development Administration, as Applicable, and (2) Certain Outstanding Certificates of Participation (Caroline County Health and Public Service Facility), Series 1997.  The effective date of the Bill will be December 5, 2009.

 

Legislative Bill #2009-7, Bond, Bond Anticipation Note and Refunding Bond Authorization – Colonel Richardson High School and Bridge Replacement Program

 

FOR THE PURPOSE OF authorizing and empowering County Commissioners of Caroline County to borrow not more than Seven Million Seven Hundred Fifty Thousand Dollars ($7,750,000.00) in the aggregate for the public purpose of financing, reimbursing or refinancing expenditures made for the renovation, improvement and modernization of Colonel Richardson High School and the replacement of certain bridges, together with, in either such case, related costs and costs of issuance, by the issuance at one time or from time to time, at public or private sale, of its general obligation bonds in one or more series not in excess of such aggregate principal amount; empowering and directing the County to adopt a resolution or resolutions in accordance with Section 15(4) of Article 25B of the Annotated Code of Maryland prior to issuing all or any part of the bonds; authorizing and empowering the County to issue and sell, at one time or from time to time, at public or private sale, general obligation bond anticipation notes in one or more series in an aggregate principal amount not to exceed Seven Million Seven Hundred Fifty Thousand Dollars ($7,750,000.00) prior to and in anticipation of the sale of any of the bonds authorized hereby in order to finance or reimburse project costs on an interim basis, including paying capitalized interest and costs of issuance; authorizing and empowering the County to issue and sell, at one time or from time to time, at public or private sale, general obligation refunding bonds in one or more series for the purpose of refunding any of the bonds issued pursuant to the authority of this public local law, including any redemption premium, accrued interest, funded interest, and costs of issuance, provided that the aggregate principal amount of any such issue of refunding bonds shall not exceed 130% of the aggregate principal amount of the bonds refunded therefrom; authorizing and empowering the County, by adoption of a resolution or resolutions prior to the issuance of any such bond anticipation notes or refunding bonds, to approve, determine or provide for certain details relating to such obligations; providing for the determination by resolution as to the application of (i) any premium paid upon the sale of, and (ii) any earnings on the investment of proceeds of, any bonds, bond anticipation notes or refunding bonds authorized hereby; making certain representations with respect to any such bonds, bond anticipation notes or refunding bonds issued on a tax-exempt basis; pledging the faith and credit and unlimited taxing power of the County to the payment of the bonds, bond anticipation notes and refunding bonds authorized hereby and providing that any such obligations may be payable from other sources available for such purposes; authorizing the County Commissioners to determine or provide for by resolution any determinations or elections relating to the issuance of any of the bonds or bond anticipation notes authorized hereby as obligations  under the authority of the American Recovery and Reinvestment Act of 2009; providing that this title be deemed a fair summary of this public local law for all purposes; and relating generally to the issuance and sale of the bonds, bond anticipation notes and refunding bonds authorized hereby.

 

Ms. Visintainer stated that the Bill was introduced on October 13, 2009, and the public hearing was held the same day.  The public hearing was advertised on October 14, 2009 and October 18, 2009 Times Record and Star Democrat newspapers.  The public hearing was held on October 20, 2009, and no testimony was received, either written or in person.  On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on Legislative Bill #2009-7, Bond, Bond Anticipation Note and Refunding Bond Authorization – Colonel Richardson High School and Bridge Replacement Program.  The effective date of the Bill will be December 5, 2009, which is an accelerated but permissible schedule to coincide with the timing of the December Bond Sale.

 

On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously adjourned Legislative Session and reconvened in Regular Session at 9:43 a.m.

 

                                                           

                                                Preparation of Minutes by:        ________________________

                                                                                             Amy L. Kreiner