Village of Simpson
Council Meeting
September 21, 2009
7:00 PM  

The Village of Simpson Council held its regular meeting at 7:00 PM in the Village Hall, 2768 Thompson Street, Simpson, N. C. 

Council Members Present

David C. Boyd, Jr., Mayor
Brenda G. Hawkins, Mayor Pro-Tem
Willie Sumerlin, Councilman 

Other Staff Present

Keen Lassiter, Attorney
Sandra Jones, Deputy Village Clerk/Finance Officer 

Call to Order

Mayor David Boyd called the meeting to order.  Mayor Pro-Tem Hawkins led the Pledge of Allegiance and Councilman Sumerlin gave the Invocation. 

Quorum Present

Deputy Clerk/Finance Officer Sandra Jones stated a Quorum was present. 

Approval of Agenda

A motion was made by Mayor Pro-Tem Hawkins and seconded by Councilman Sumerlin to approve the agenda.  All voted “aye”.  The motion carried. 

Mayor Pro-Tem Hawkins made a motion to adjourn the regular meeting and enter into a Public Hearing.  Councilman Sumerlin seconded the motion. All voted “aye”.  The motion carried.   

ADJOURNMENT OF REGULAR COUNCIL MEETING TO PUBLIC HEARING 

PUBLIC HEARING:  CDBG  

Mr. Brendan Nolan from the Wooten Company stated this was the second public hearing to give residents an opportunity to have input into the grant application process for the CDBG grant.   

An area in the Village of Simpson has been identified that meets the income and housing condition requirements for the grant.  The project includes acquisitions, dispositions, clearance, relocations, rehabilitation, sewer and drainage improvements for a total of $850,000 (see attachment #1).  The main infrastructure needs in the area will be the installation of the new sewer system to serve the units that are in the project area and drainage improvements.   

The application is due September 30, 2009.   A resolution authorizing the Mayor as Chief Elected Official to sign all of the application documents is needed.  The Council will consider this during regular open session. 

Mr. Nolan stated there is no required match money to be paid by the Village of Simpson.  State level officials evaluated the needs of the communities and decided no matching funds would be necessary.   

Mayor Boyd asked if there were any comments.  There were none. 

A motion to close the Public Hearing and resume the regular Council meeting was made by Mayor Pro-Tem Hawkins and seconded by Councilman Sumerlin.   All voted “aye.” The motion carried.  

PUBLIC HEARING:  CDBG:  CLOSED 
 

REGULAR SESSION RESUMES: 

ACTION:  Mayor Pro-Tem Hawkins made a motion to approve the resolution authorizing the submission of an application for community development block grant funds (see attachment #2).    Councilman Sumerlin seconded the motion.  All voted “aye”.  The motion carried.   

Attorney Lassiter asked Mr. Nolan if his assistance would be needed with this application.  Mr. Nolan stated he doesn’t believe so, but he will check.   

ACTION:  The minutes of the July 20, 2009 and August 25, 2009 meetings were presented for approval.  Attorney Lassiter asked that a correction be made on page two of the August 25, 2009 minutes under ACTION:  The sentence “All voted “aye” and the motion carried” was added.  Mayor Pro-Term Hawkins made a motion and Councilman Sumerlin seconded the motion to approve the July  20, 2009 minutes and the August 25, 2009 minutes with noted corrections.    All voted “aye”.  The motion carried. 

ACTION:  The August 2009 and September 2009 financial reports were presented.    Mayor Pro-tem Hawkins made a motion to approve the financial reports (see attachments #3 & 4).  Councilman Sumerlin seconded the motion.  All voted “aye”.  The motion carried. 

ACTION:  Budget Amendment #2 for the 2009-2010 Fiscal Year was presented by  Deputy Clerk/Finance Officer.  Ms. Jones explained that the amendment was necessary to reflect the additional $l,850 to be received from the North Carolina Center for Crime Control.  Originally, this amount was included in the budget as matching funds;  however, no match will be required.  Mayor Pro-Tem Hawkins made a motion and Councilman Willie Sumerlin seconded a motion to approve Budget Amendment #2 (see attachment #5).    All voted “aye”.  The motion carried. 

DISCUSSION ITEMS: 

Legal Service Agreement/Sewage Project

Bond Service Assistance/Sewage Project 

Attorney Lassiter stated that as part of the application for the sewer project,  USDA requires the Village attorney to prepare a legal service agreement (see attachment #6). The agreement states that “the Attorney will be paid an hourly rate of $l50.00 per hour with the maximum fee (fee ceiling) not to exceed $l5,000”.    He stated his standard rate is $l50.00 per hour.  He stated that from his experience he doesn’t usually come close to the fee ceiling, however, it is always possible.  This agreement will cover any service that Attorney Lassiter provides relating specifically to the USDA Sewer Project.  If the Village is awarded the loan, and it passes the vote of the people, the Village will be reimbursed from the loan for the legal fees.  Separate bills are submitted for all services in regard to the Sewer Project.  If the project doesn’t pass, he stated his billing would not be great because most of his work will be done about middle to the end of the project.   

Bond counsel is also required by USDA.  Attorney Lassiter had spoken with Mr. Jeffrey Poley of Parker Poe Adams & Berstein, LLP from Raleigh, N. C.  Attorney Lassiter has worked with Mr. Poley on numerous projects and believes he does good work. 

Attorney Lassiter presented an Engagement Letter from Mr. Poley (see attachment #7).  Rates indicated for the bonds counsel are $l5,000 plus reimbursement of disbursements incurred on behalf of the Town for such items as photocopying, long distance telephone, travel, facsimile, etc. In the event of the issuance of a series of bond anticipation notes there would be an additional charge of $4,000 for each series.    Attorney Lassiter stated he had not had that to happen.  

If the bonds are not approved by the voters at the referendum, the bonds counsel fee for services to that point will be $3,000 plus relative expenses incurred.   

ACTION:  A motion was made by Mayor Pro-Tem Hawkins and seconded by Councilman Sumerlin to approve the Legal Services Agreement and the Letter of Engagement for the bond counsel.    All voted “aye”.  The motion carried.   
 

Website 

Deputy Clerk/Finance Officer Sandra Jones stated that we have an opportunity to have a Website for the Village of Simpson at no charge to the citizenry.  She explained the proposal from a local resident, Mr. Ryan Butcher.   

Mr. Butcher approached the Village of Simpson in regards to assisting them with a Website because he had been unable to obtain information about Simpson when he used the traditional Internet search engines.  Mr. Butcher seems to be highly qualified.   

Ms. Jones said that the compiling of the information and the typing of the information would be the hardest and most detailed part.  Mr. Butcher will help us post any information which we would like to put on the Website if it is presented to him in a type-ready fashion.   

After the Website is operational, the Village of Simpson would take over keeping it updated.  Various links can be used to connect the Village of Simpson to area schools, the tax office, other towns, etc. It is an excellent way for people looking to move to the area to get information about Simpson.  Ms. Jones stated that volunteers were needed to gather information and to type it.  She stated that it was a big project and we needed to take advantage of his offer before he decides that we’re not interested.  She encouraged everybody to view other town’s websites to get ideas.   

Mayor Pro-Tem Hawkins asked if more than one person could be a part of this effort.  Ms. Jones stated any number of people could help.   
 

Trash Pick up and Recycling 

Mayor Boyd stated the Village of Simpson is not responsible for picking up construction debris from the residents and will not pick up any more without a cost.  Chris Bland, Public Works Director, has been picking up some debris as a favor to the residents.  The Village of Simpson cannot take the debris to the trash pick up areas without a charge.  Pak-R doesn’t pick up construction debris. The Mayor asked for cooperation from the residents.  Correspondence and information will be sent to the citizens informing them of this change in services.   

It is not certain if the residents would have to pay to take the debris to the site.   

Mayor Boyd stated that he had witnessed out of town people bringing debris into Simpson and dumping it beside a person’s street.   

A resident asked about a door.  A door or any home remodeling debris cannot be picked up by the Village of Simpson Public Works Department.   

Furniture can be picked up on Friday mornings by Pak-R.  These items are not to be put out for pick-up until late afternoon the day before or early Friday morning.   

Comments 

Chief John Waters stated that the Police Department has obtained grant funds from the North Carolina Crime Control and Public Safety for a Mobile Data Terminal for the patrol car.  This will enhance communications with outside agencies.   

He participated in a driver’s license check point with the Pitt County Sheriff’s Department and that went well.   

Mayor Pro-Tem Hawkins thanked everybody for coming and reminded them that it was election year.  She encouraged them to exercise their right to vote.  All Council members requested the support of the citizens in the November election.   

Attorney Lassiter recently spoke with the Point of Contact with the Department of Justice.  They have received our information and have spoken with Mayor Pro-Tem Hawkins.  They are continuing to review our request and we should know something shortly.  Once approved, the ordinance will have to be filed with the Secretary of State and the Legislative Library.  He stated that the thirty day (30) days passed in August for a referendum of petition to be filed and none was filed.   

The citizens stated the idea of a website was good.   

ADJOURNMENT OF COUNCIL TO A CLOSED SESSION PER N.C.G.S.

143-318.11(a)(1)  

Attorney Lassiter stated the Village of Simpson Council could go into closed session to discuss a personnel issue pursuant to N.C.G.S. 143-318.11(a)(6). 

Mayor Pro-Tem Hawkins made a motion and it was seconded by Councilman Sumerlin to adjourn into a closed session per N.C.G.S. 143-318.11(a)(6) To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee;  or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.   All voted “aye”.  The motion carried.   

A motion was made by Mayor Pro-Tem Hawkins and seconded  by Councilman Sumerlin to return to Open Session.  All members of the Boyd voted “aye”.  The motion carried. 

REGULAR MEETING RESUMES 

ADJOURN

Having no further business to conduct, a motion was made by Mayor Pro-Tem Hawkins and seconded by Councilman Sumerlin to adjourn.   All voted “aye”.  The motion carried.  The meeting adjourned.