Regular Meeting
Jan. 3, 2006
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Otis G. Byrd, pastor of the First Baptist Church of Holly
Springs.
4.
Agenda Adjustment: The
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5.
Public Hearing: Bond Order for
Refunding Bonds – Mr.
Holland introduced Paul Jacobson, the Town’s bond counsel. Mr. Holland said the town intends to refund
some of its existing general obligation bonds, which would save the town money
over the term of the bonds. In order to
refund the bonds, he said, a public hearing should be held, giving the public
an opportunity to comment on the validity of the bond order and the
advisability of issuing the bonds.
At this time the Mayor announced
that this was the hour, date and place fixed by the Town
BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION
REFUNDING BONDS OF THE TOWN OF HOLLY SPRINGS IN AN AGGREGATE PRINCIPAL AMOUNT
OF UP TO $3,200,000 FOR THE PURPOSE OF REFUNDING PREVIOUSLY ISSUED GENERAL OBLIGATION
BONDS, SERIES 1991, 1994 AND 1997; and that the Town
No one appeared, either in person or
by attorney, to be heard on the question of the validity of said order or the
advisability of issuing said bonds, and the Deputy Clerk to the Town
There being no comments, the public
hearing was closed.
Thereupon,
upon motion of
Ayes:
5
Noes: 0
The Mayor
then announced that the order titled, “BOND ORDER AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION REFUNDING BONDS OF THE TOWN OF HOLLY SPRINGS IN AN AGGREGATE
PRINCIPAL AMOUNT OF UP TO $3,200,000 FOR THE PURPOSE OF REFUNDING PREVIOUSLY
ISSUED GENERAL OBLIGATION BONDS, SERIES 1991, 1994 AND 1997,” had been adopted.
Thereupon
Mayor Sears introduced Resolution 06-01, a copy of which had been provided to
each
Ayes:
5
Noes: 0
Resolution No.: 06-01
RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS
OF THE TOWN OF HOLLY SPRINGS IN AN AGGREGATE PRINCIPAL AMOUNT OF UP TO
$3,200,000 PURSUANT TO A BOND ORDER HERETOFORE APPROVED AND PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF.
WHEREAS, the Town
WHEREAS the
BE
IT RESOLVED BY THE TOWN COUNCIL FOR THE TOWN OF
1. Findings
– The
(a) That the Bond Order authorizing up to
$3,200,000 of General Obligation Refunding Bonds (the “Refunding Bonds”) was adopted by the
(b) That none of said Refunding Bonds have
been issued, that the final maturity date of the Bonds to be Refunded is June
1, 2039, that no notes have been issued in anticipation of the receipt of the
proceeds of the sale of said Refunding Bonds and that it is necessary to issue
at this time up to $3,200,000 of said Refunding Bonds in accordance with the
provisions of this resolution and subject to adjustment as set forth herein.
(c) That the shortest period of time in
which the debt of said Town to be refunded by the issuance of said Refunding
Bonds can be finally paid without making it unduly burdensome on the taxpayers
of said Town, as determined by the Local Government Commission of North
Carolina (the “LGC”), is a period
which expires on June 1, 2028.
2. Issuance
of Refunding Bonds – Pursuant to the
Bond Order, there shall be issued Refunding Bonds of the Town of
The Refunding Bonds shall be stated
to mature (subject to adjustment as hereinafter set forth) annually, on June 1
in the following years and in the following amounts, subject to change as
stated herein: 2006 ($100,000), 2007 ($85,000), 2008 ($90,000), 2009 ($90,000),
2010 ($95,000), 2011 ($100,000), 2012 ($100,000), 2013 ($105,000), 2014
($110,000), 2015 ($115,000), 2016 ($115,000), 2017 ($120,000), 2018 ($125,000),
2019 ($130,000), 2020 ($1435,000), 2021 ($140,000), 2022 ($145,000), 2023
($155,000), 2024 ($160,000), 2025 ($165,000), 2026 ($170,000), 2027 ($170,000),
2028 ($175,000). The Refunding Bonds shall bear interest at a rate or rates to
be determined by the Local Government Commission of North Carolina at the time
the Bonds are sold (provided, however that the net interest cost of the
Refunding Bonds shall not exceed 5.5% per annum), which interest to the
respective maturities thereof shall be payable on June 1, 2006 and semiannually
thereafter on December 1 and June 1 of each year until payment of such
principal sum. Notwithstanding the
foregoing, the Issuer reserves the right to increase or decrease the aggregate
principal amount of the Refunding Bonds by an amount not to exceed $305,000
following the opening of bids for the purchase of the Refunding Bonds and, in
the event of such increase or decrease, the principal amount of any maturity of
the Refunding Bonds will be increased or decreased by an amount not to exceed
$50,000 per maturity to be determined by the Finance Officer of the Issuer,
with the advice of the Issuer’s financial advisor employed in connection with
the issuance of the Refunding Bonds, provided that interest rate savings will be
realized by the Issuer during the period which the Refunding Bonds will be
outstanding as a consequence of issuing the Refunding Bonds and provided
further that no such annual installment of principal shall be more than four
times as great in amount as the smallest prior installment of principal, and
further provided that the first such installment shall be not more than 3 years
after the date of the Refunding Bonds and the last such annual installment
shall be not later than either (1) the shortest period, but not more than 40
years, in which the debt being refunded can be finally paid without making it
unduly burdensome on the taxpayers of the Town, as determined by the North
Carolina Local Government Commission (the
“LGC”) or (2) the end of the unexpired period of usefulness of the project.
The Finance Officer of the Issuer is hereby authorized and directed to make any
such adjustments, if appropriate, on behalf of the Issuer. Principal, premium, if any, and interest on
the Refunding Bonds will be payable in lawful money of the
3. Pledge of Faith, Credit
and Taxing Power –
The Town’s full faith and credit are hereby irrevocably pledged for the payment
of the principal of and interest on the Refunding Bonds. Unless other funds are
lawfully available and appropriated for timely payment of the Refunding Bonds,
the
4. Approval of Official
Statement for Offering - There has been made available to each member of the
The Official Statement is approved
as the form of official statement pursuant to which the Refunding Bonds will be
offered for sale. The actions of the Finance Officer, in collaboration with the
LGC to prepare the text of the Official Statement are ratified, approved and
confirmed. The
The
5. Redemption Provisions – The Refunding Bonds maturing prior
to
If less than all of the
Refunding Bonds stated to mature on different dates shall be called for
redemption, the particular Refunding Bonds or portions of Refunding Bonds to be
redeemed shall be called in the inverse order of their maturities. If less than all of the Refunding Bonds of
any one maturity shall be called for redemption, the particular Refunding Bonds
or portions of Refunding Bonds of such maturity to be redeemed shall be
selected by lot in such manner as the Town in its discretion may determine;
provided, however, that the portion of any Refunding Bond to be redeemed shall
be in the principal amount of $5,000 or some multiple thereof and that, in
selecting Refunding Bonds for redemption, each Refunding Bond shall be
considered as representing that number of Refunding Bonds which is obtained by
dividing the principal amount of such Refunding Bond by $5,000. So long as a book-entry system with DTC is
used for determining beneficial ownership of Refunding Bonds, if less than all
of the Refunding Bonds within a maturity are to be redeemed, DTC and its
participants shall determine in accordance with its own procedures which of the
Refunding Bonds within a maturity are to be redeemed.
Notice of redemption
shall be given by certified or registered mail to DTC or its nominee as the
registered owner of the Refunding Bonds.
Such notice shall be mailed not more than 60 days nor less than 30 days
prior to the date fixed for redemption.
The Town will not be responsible for mailing notices of redemption to
anyone other than DTC or its nominees.
6. Form of Bonds – The Refunding Bonds will be in substantially the form set
out in Exhibit A. The Bonds will be
designated “General Obligation Refunding Bonds, Series 2006.” The Refunding Bonds will be dated February 1,
2006, will be in fully registered form, in denominations of $5,000 and integral
multiples thereof, and will be numbered R-1 upward, as the Finance Officer may
determine.
The Refunding Bonds must be signed
by the manual or facsimile signature of the Mayor or Vice-Mayor of the Town, or
the Town Manager, must be countersigned by the manual or facsimile signature of
the Town Clerk or any Assistant Town Clerk, and the Town’s seal must be affixed
thereto or a facsimile thereof printed thereon.
The certificate of the LGC to be endorsed on all Refunding Bonds shall
bear the manual or facsimile signature of the Secretary of the LGC or of a
representative designated by said Secretary.
No Refunding Bond will be valid unless at least one of the signatures
appearing on such Refunding Bond (which may be the signature of the LGC’s
representative required by law) is manually applied or until such Refunding
Bond has been authenticated by the manual signature of an authorized officer or
employee of a bond registrar selected by the Town.
7. Finance Officer as
Registrar; Payments to Registered Owners – The Finance
Officer is appointed Registrar for the Refunding Bonds. As Registrar, the Finance Officer will
maintain appropriate books and records of the ownership of the Refunding
Bonds. The Town will treat the
registered owner of each Refunding Bond as the person exclusively entitled to
payment of principal, premium, if any, and interest and the exercise of all
rights and powers of the owner, except that debt service payments will be made
to the person shown as owner on the registration books on the 15th day of the
month preceding each interest payment date.
8. Advertising Bonds for
Sale – The
9. LGC To Sell Bonds –
The Town asks the LGC to sell the Refunding Bonds, to receive and
evaluate bids and to award the Refunding Bonds to the successful purchaser.
10. Completing Official
Statement after Sale -- After bids have been received and the LGC has awarded the Refunding
Bonds to the successful purchaser, the Finance Officer is authorized and
directed to prepare, in collaboration with the LGC, a supplement to the
Official Statement containing, among such other matters as may be appropriate,
information required pursuant to Rule 15c2-12 (“Rule 15c2-12”) promulgated by the United States Securities and Exchange
Commission under the United States Securities Act of 1934, as amended. The
Town, together with the LGC, will arrange for the delivery within seven
business days of the date the Refunding Bonds are sold of a reasonable number
of copies (including dissemination by electronic means in accordance with LGC
procedures) of the supplemented Official Statement to the successful bidder on
the Refunding Bonds for delivery to each potential investor requesting a copy
of the supplemented Official Statement and to each person to whom such bidder
and members of the bidding group initially sell the Refunding Bonds.
11. Finance Officer To
Complete Bond Closing – After the sale of the Refunding
Bonds, the Finance Officer and all other Town officers, employees and representatives
are authorized and directed to take all proper steps to have the Refunding
Bonds prepared and executed in accordance with their terms and to deliver the
Refunding Bonds to the purchaser upon payment for the Refunding Bonds.
The Finance Officer is authorized
and directed to hold the executed Refunding Bonds, and any other documents
authorized or permitted by this resolution, in escrow on the Town’s behalf
until the conditions for the delivery of the Refunding Bonds and other
documents have been completed to the Finance Officer’s satisfaction, and
thereupon to release the executed Refunding Bonds and other documents for
delivery to the appropriate persons or organizations.
Without
limiting the generality of the foregoing, this authorization and direction is
specifically extended to authorize the Finance Officer (a) to enter into such
agreements or take such other actions as such officer may deem appropriate in
connection with obtaining a credit rating or credit ratings for the Refunding
Bonds and bond insurance for the Refunding Bonds (if any), completing the
refunding that is a purpose of the Refunding Bonds and to complete the timely
payment in full of the principal and interest due on the Bonds to be Refunded,
and (b) to approve changes to any documents or closing certifications
previously signed by Town officers or employees, provided that the Refunding
Bonds will be in substantially the form approved by this resolution and that
any such changes will not substantially alter the intent of such certificates
from that expressed in the forms of such certificates as executed by such officers or employees. The Finance Officer’s authorization of the
release of any such document for delivery will constitute conclusive evidence
of such officer’s approval of any such changes.
12. Undertaking for Continuing Disclosure –
The Town undertakes, for the benefit of the beneficial owners of the
Refunding Bonds, to provide continuing disclosure with respect to the Refunding
Bonds as described in Exhibit B. The provisions for continuing disclosure will
terminate upon payment, or provision having been made for payment (in a manner
consistent with Rule 15c2-12), in full of the principal of and interest on all
of the Refunding Bonds.
13. Finance Officer as
Disclosure Official – The
14. Resolutions and Covenants
As To Tax Matters – The Town will not take or omit to take any
action the taking or omission of which will cause the Refunding Bonds to be
“arbitrage bonds,” within the meaning of Section 148 of the United States
Internal Revenue Code of 1986, as amended through the closing date of the
Refunding Bonds, including applicable Treasury regulations (the
“Code”), or “private activity bonds” within the meaning of Code Section
141, or otherwise cause interest on the Refunding Bonds to be includable in
gross income for federal income tax purposes. Without limiting the generality
of the foregoing, the Town will comply with any Code provision that may require
the Town at any time to pay to the
The Town’s officers, agents and
representatives are hereby authorized and directed to execute, deliver and file
all certificates and documents and to take all such further action as they may
consider necessary or desirable in connection with the sale of the Refunding
Bonds and payment in full of the Bonds to be Refunded, including without
limitation, providing notice of redemption of the Bonds to be Refunded,
executing and delivering a certificate setting forth the expected use and
investment of the proceeds to be derived from the issuance of the Refunding
Bonds (the “Proceeds”) to show that
such expected use and investment will not violate the provisions of Section 148
of the Code, making any elections such officers deem desirable regarding any
provision requiring rebate of earnings to the United States for purposes of
complying with the provisions of the Code applicable to “arbitrage bonds,”
providing for the Town to pay any such rebate amount and filing Internal
Revenue Service Form 8038-G.
The Town covenants that is shall not
permit the Proceeds to be used in any manner that would result in (i) 5% or
more of the debt service on the Refunding Bonds being directly or indirectly
(A) secured by an interest in property, or (B) derived from payments in respect
of property or borrowed money, being in either case used in a trade or business
carried on by any person other than a governmental unit, as provided in Code
Section 141(b), (ii) 5% or more of such Proceeds being used with respect to any
“output facility” (other than a facility for the furnishing of water), within
the meaning of Code Section 141(b)(4), or (iii) 5% or more of such Proceeds
being used directly or indirectly to make or finance loans to any persons other
than a governmental unit, as provided in Code Section 141(c); provided,
however, that if the Town receives an opinion of nationally-recognized bond
counsel that compliance with any such covenant is not required to prevent the
interest on the Refunding Bonds from being includable in the gross income for
Federal income tax purposes of the owners of the Refunding Bonds under existing
law, the Town need not comply with such covenant.
The
15. Book-Entry System for
Bond Registration – The Refunding Bonds will be issued
by means of a book-entry system, with one bond certificate for each maturity
immobilized at The Depository Trust Company, New York, New York (“DTC”), and not available for
distribution to the public. The book-entry system for registration and related
matters will operate as described in the Official Statement. Therefore, (a) the
Town will pay principal, premium, if any, and interest on the Refunding Bonds
to DTC or its nominee as registered owner of the Refunding Bonds, (b) the Town
will not be responsible or liable for such transfer of payments to parties
other than DTC or for maintaining, supervising or reviewing the records
maintained by DTC or any other person related to the Refunding Bonds, and (c)
the Town will not mail redemption notices (or any other notices related to the
Refunding Bonds) to anyone other than DTC or its nominee so long as the
book-entry system of registration with DTC is in effect. The Town may elect the
to discontinue the book-entry system with DTC.
The Finance Officer is authorized to take all appropriate actions in
connection with the deposit of the Refunding Bonds at DTC, including completing
and executing a Blanket Issuer Letter of Representations, Letter of
Representations or other appropriate documents.
16. Ratification of
Professionals - The
17. Contract with Bondholders – The provisions of this resolution
shall constitute a contract between the Town and holders of the Refunding Bonds
for so long as any of the Refunding Bonds and interest thereon are outstanding.
18. Investment of Proceeds – The Proceeds shall be held and
invested in accordance with the requirements of the Local Government Budget and
Fiscal Control Act, Article 3 of Chapter 159, General Statutes of
19. Miscellaneous Provisions -- The
Mayor, Vice-Mayor, Town Manager, the Town Finance Officer and the Town Attorney
and their designees are hereby authorized and directed to take such other
actions and to execute and deliver such other documents, certificates,
undertakings, agreements or other instruments as may be necessary or
appropriate to effectuate the issuance of the Refunding Bonds and the refunding
of the Bonds to be Refunded. Such
actions include determining on behalf of the Issuer whether or not to proceed
with such refunding depending upon the cost savings available on the sale date
of the Refunding Bonds and, if a determination is made to proceed with such
refunding, giving or causing to be given notices of redemption of such Bonds to
be Refunded as required by the resolution providing for their issuance
heretofore passed by the
20. Effective
Date. This resolution shall take
effect immediately upon its passage.
EXHIBIT
A - Form of Bonds
REGISTERED REGISTERED
Number R-X
STATE OF
Town of
General Obligation Refunding Bond,
Series 2006
INTEREST RATE MATURITY
DATE DATED DATE
_______ % June
1, ____ _______, 2006
CUSIP: ___________________
REGISTERED OWNER: *****CEDE & CO.*****
PRINCIPAL AMOUNT: **** _________ THOUSAND DOLLARS
($_____,000)***
The Town of
This Bond is one of an issue of the
Town’s $____________ General Obligation Refunding Bonds, Series 2006 (the “Bonds”), of like date and tenor,
except as to number, denomination, rate of interest, privilege of redemption
and maturity. The Bonds are issued pursuant to a resolution adopted by such
The Town’s full faith and credit are
pledged for the payment of principal of and interest on this Bond.
The Bonds are issued by means of a
book-entry system, with one bond certificate for each maturity immobilized at
The Depository Trust Company, New York, New York (“DTC”), and not available for distribution to the public. Transfer of beneficial ownership interests in
the Bonds in the principal amount of $5,000 or any integral multiple thereof
will be effected on the records of DTC and its participants pursuant to rules and
procedures established by DTC and its participants. Principal, premium, if any, and interest on
the Bonds are payable by the Town to DTC or its nominee as registered owner of
the Bonds. The Town is not responsible or liable for such transfer of ownership
or payments or for maintaining, supervising or reviewing the records maintained
by DTC, its participants or persons acting through such participants.
The Bonds maturing
prior to
If (a) DTC determines not to
continue to act as securities depository for the Bonds or (b) the Town so
elects, the Town will discontinue the book-entry system with DTC. If the Town
fails to identify another qualified securities depository to replace DTC, the
Town will deliver replacement Bonds in the form of fully-registered
certificates.
The Town Finance Officer has been
appointed Registrar for the Bonds. As
Registrar, the Finance Officer will maintain appropriate books and records
indicating ownership of the Bonds. The
Town will treat the registered owner of this Bond as the person exclusively
entitled to payment of principal, premium, if any, and interest and the
exercise of all other rights and powers of the owner, except that interest
payments will be made to the person shown as owner on the Town’s registration
books on the 15th day of the month preceding each interest payment date.
All acts, conditions and things
required by the Constitution and laws of the State of North Carolina to happen,
exist or be performed precedent to and in the issuance of this Bond have
happened, exist and have been performed, and the issue of Bonds of which this
Bond is one, together will all other indebtedness of the Town, is within every
debt and other limit prescribed by the Constitution and laws of the State of
North Carolina.
IN WITNESS WHEREOF, the Town of
COUNTERSIGNED: [Sample
only - do not sign] Clerk, Town of
The Bonds have been approved by the
North Carolina Local Government Commission in accordance with the Local
Government Bond Act. [Sample only - do not sign]
Secretary, Local Government Commission
This Bond is one of the Bonds
described in the within mentioned Bond Resolution.
[Sample only - do not sign]
_______________________
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
__________________________________________________________________
(Please print or type transferee’s
name and address, including zip code)
PLEASE INSERT SOCIAL SECURITY OR
OTHER
IDENTIFYING NUMBER OR TRANSFEREE:
the within bond and all rights
thereunder, hereby irrevocably constituting and appointing
___________________________, Attorney, to transfer said bond on the books kept
for the registration thereof, with full power of substitution in the premises.
Dated:
_______________________________________
Signature Guaranteed: _____________________________ NOTICE:
Signature(s) must be
guaranteed by a member firm of the New York Stock Exchange or a commercial bank
or trust company _____________________________ (Signature of
Registered Owner) NOTICE:
The signature above must correspond with the name the registered owner as it
appears on the front of this bond in every particular without alteration or
enlargement or any change whatsoever.
EXHIBIT B -- Undertaking for Continuing Disclosure
The Town undertakes, for the benefit
of the beneficial owners of the Refunding Bonds, to provide the following:
(a) by
not later than seven months from the end of each of the Town’s fiscal years
(commencing with its fiscal year ended June 30, 2005), to each nationally
recognized municipal securities information repository (“NRMSIR”), and the state information depository for the State of
North Carolina (“SID”), if any,
audited Town financial statements for such fiscal year, if available, prepared
in accordance with Section 159-34 of the General Statutes of North Carolina, as
it may be amended form time to time, or any successor statute, or, if such
audited financial statements are not available by seven months from the end of
any fiscal year, unaudited Town financial statements for such fiscal year, to
be replaced subsequently by audited Town financial statements to be delivered
within 15 days after such audited financial statements become available for
distribution;
(b) by
not later than seven months from the end of each of the Town’s fiscal years
(commencing with its fiscal year ended June 30, 2005), to each NRMSIR, and to
the SID, if any, (i) the financial and statistical data as of a date not
earlier than the end of the preceding fiscal year (which data will be prepared
at least annually, will specify the date as to which such information was
prepared and will be delivered with any subsequent material events notices
specified in subparagraph (c) below) for the type of information included under
heading “The Town - Debt Information” and “Tax Information” in the final
Official Statement (excluding any information on overlapping or underlying
units), and (ii) the combined budget of the Town for the current fiscal year,
to the extent such items are not included in the audited financial statements
referred to in (a) above;
(c) in
a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking
(1) principal
and interest payment delinquencies;
(2) non-payment
related defaults;
(3) unscheduled
draws on debt service reserves reflecting financial difficulties;
(4) unscheduled
draws on any credit enhancements reflecting financial difficulties;
(5) substitution
of credit or liquidity providers, or their failure to perform;
(6) adverse
tax opinions or events affecting the tax-exempt status of the Bonds;
(7) modifications
to rights of the beneficial owners of the Bonds;
(8) Bond
calls;
(9) defeasances;
(10) release,
substitution or sale of any property securing repayment of the Refunding Bonds;
and
(11) rating
changes.
(d) in
a timely manner, to each NRMSIR or to the MSRB, and to the SID, if any, notice
of a failure of the Town to provide required annual financial information
described in (a) or (b) above on or before the date specified.
If the Town fails to comply with the
undertaking described above, any beneficial owner of the Bonds may take action
to protect and enforce the rights of all beneficial owners with respect to such
undertaking, including an action for specific performance; provided, however,
that failure to comply with such undertaking will not be an event of default
and will not result in any acceleration of payment of the Refunding Bonds. All
actions will be instituted, had and maintained in the manner provided in this
paragraph for the benefit of all beneficial owners of the Refunding Bonds.
The Town reserves the right to
modify from time to time the information to be provided to the extent necessary
or appropriate in the Town’s judgment, provided that:
(a) any
such modification may only be made in connection with a change in circumstances
that arises from a change in legal requirements, change in law, or change in
the identity, nature, or status of the Town;
(b) the information to be provided, as
modified, would have complied with the requirements of Rule 15c2-12 as of the
date of the final Official Statement, after taking into account any amendments
or interpretations of Rule 15c2-12, as well as any changes in circumstances;
and
(c) any
such modification does not materially impair the interests of the beneficial
owners, as determined either by parties unaffiliated with the Town or by the
approving vote of the registered owners of a majority in principal amount of
the Bonds pursuant to the terms of the bond resolution, as it may be amended
from time to time, at the time of the amendment.
Any annual financial information
containing modified operating data or financial information will explain, in
narrative form, the reasons for the modification and the impact of the change in
the type of operating data or financial information being provided.
* * *
* *
I,
I DO HEREBY
FURTHER CERTIFY that a schedule of regular meetings of said
WITNESS
my hand and the corporate seal of said Town, this 3rd day of January, 2006.
___________________________________
6.
Consent Agenda: All items
on the Consent Agenda were approved following a motion by
6a. Fire Station Furniture – The Council authorized the
purchase of furniture for the new fire station.
6b. Resolution 06-02 – The Council adopted Resolution 06-02 directing the Town
Clerk to investigate the sufficiency of Annexation Petition A06-01 filed by Thomas
and Utley Heirs for the
annexation of 54.669 acres and fixing the date of a public hearing on the
question of annexation for January 17, 2006. A
copy of Resolution 06-02 is incorporated into these minutes as an addendum
page.
6c. Resolution 06-03 – The Council adopted Resolution 06-03 directing the Town
Clerk to investigate the sufficiency of Annexation Petition A06-02 filed by Holly
Homes, LLC, for the annexation
of 7.33 acres and fixing the date of a public hearing on the question of annexation
for January 17, 2006.
A copy of Resolution
06-03 is incorporated into these minutes as an addendum page.
7.
Public Comment: At this time, an opportunity was provided for members of the audience
who had registered to speak to address the
Otis G. Byrd of the
8. Other Business: Councilman Womble suggested that staff and council
members brainstorm the idea of having a New Year’s celebration next year. Councilman Atwell said that could be a topic for
discussion at the Town Council retreat.
He also suggested that retreat topics include gateway sign design and possible
amendments to the Town’s animal control ordinance to prohibit animals’ being
tied to trees, car bumpers and concrete blocks.
Councilman Womble also commented that the Christmas lights
from
Councilman Atwell and Mayor Sears
thanked
Mr. Tillage said that Town staff and
Michael Douglas of the Department of Water Quality were working to identify the
problem area and that they should know the location of the problem by Friday,
January 6. Mr. Tillage said the levels of
contaminants were never at dangerous levels.
9.
Manager’s Report: None.
10. Closed
Session: The
Motion By:
VanFossen
Second By: Womble
Vote: Unanimous
General Account of
Closed Session –
In Closed Session, the manager updated the
-- End General Account
Action: The Council approved a motion to return to Open Session.
Motion By: Atwell
Second
By: VanFossen
Vote: Unanimous.
11.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record