09202001764
MINUTES
CITY OF DUNN
SPECIAL CALL MEETING
THE CITY COUNCIL OF THE CITY OF DUNN HELD A SPECIAL CALL MEETING ON
THURSDAY, SEPTEMBER 20, 2001 AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING.
PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIKE WOMBLE,
COUNCILMEMBERS CAROLYN MCDOUGAL, TOBY SUMNER, GEORGE ROBINSON, JOEY
TART AND PAUL BASS. ALSO PRESENT WAS INTERIM CITY MANAGER RONNIE AUTRY,
FIRE CHIEF AUSTIN TEW, CAPTAIN RONNIE RADCLIFFE, FINANCE DIRECTOR'RENEE'
DAUGHTRY, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN, PUBLIC
UTILITIEES DIRECTOR JOE CAMPBELL, RECREATION DIRECTOR PERRY HUDSON,
PLANNER/CODE ENFORCEMENT OFFICER KELLY BOLLINGER, CITY ENGINEER ED
POWELL, CITY ATTORNEY BILLY GODWIN, INTERIM HUMAN RESOURCE OFFICER
MOSES GALLION, DEPUTY CLERIC TINA SILLS AND DAILY RECORD REPORTER LISA
FARMER.
INVOCATION
MAYOR OUDEH OPENED THE MEETING AT 7:04 P.M. AND ASKED COUNCILMEMBER JOEY
TART TO GIVE THE INVOCATION. AFTERWARD, THE PLEDGE OF ALLEGIANCE WAS
REPEATED.
FINAL PLAT REVIEW
RIVERS EDGE SHOPPING CENTER
INTERIM CITY MANAGER AUTRY STATED THAT WYATT REALTY SERVICES, INC. HAS
REQUESTED A FINAL PLAT REVIEW OF 42.52 ACRES OF LAND LOCATED ON HWY 421 AT
RIVERS EDGE SHOPPING CENTER. THIS PROPERTY HAS A FRONTAGE OF 1450 FEET AND A
DEPTH OF 1800 FEET AND IS CURRENTLY ZONED C -3.
HE ADDED THAT THE PLANNING BOARD MET ON SEPTEMBER 11, 2001 AND
RECOMMENDED APPROVAL OF THIS REQUEST.
MAYOR PRO -TEM WOMBLE STATED THAT THERE HAD BEEN SOME PROBLEMS WITH THE
PREVIOUS PLAT THAT WAS APPROVED AND ASKED IF THIS PLAT HAS BEEN
THOROUGHLY REVIEWED AND IS IT IN ACCORDANCE WITH THE CITY CODE.
INTERIM CITY MANAGER AUTRY RESPONDED YES AND ADDED THAT ALL THE UTILITIES
HAVE BEEN AIR TESTED AND INSPECTED.
MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER MCDOUGAL TO
APPROVE THE FINAL PLAT REVIEW FOR 42.52 ACRES OF LAND LOCATED ON HWY 421 AT
RIVERS EDGE SHOPPING CENTER. MOTION UNANIMOUSLY APPROVED.
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INTERIM CITY MANGER AUTRY STATED THAT COUNCIL NEEDED TO ADD A RESOLUTION
TO THE AGENDA FOR CONSIDERATION.
CITY ATTORNEY GODWIN STATED THAT FOR THE RECORD, STATUTE STATES THAT IF ALL
MEMBERS ARE PRESENT AT A SPECIAL CALL MEETING THEN THEY CAN PROCEED WITH
THE RESOLUTION WITHOUT A MOTION.
INTERIM CITY MANAGER AUTRY STATED THAT COUNCIL HAS BEFORE THEM A
RESOLUTION AUTHORIZING THE NORTH CAROLINA RURAL ECONOMIC DEVELOPMENT
CENTER TO OFFER CAPACITY BUILDING GRANTS TO ASSIST IN FINANCING THE COST FOR
PLANNING WATER AND SEWER SYSTEM IMPROVEMENTS. HE ADDED THAT SEPTEMBER
28, 2001 IS THE DEADLINE TO APPLY FOR THIS GRANT. (ATTACHMENT #1)
COUNCILMEMBER BASS ASKED DO THEY KNOW THE COST AT THIS POINT.
INTERIM CITY MANAGER AUTRY RESPONDED THAT A PACKAGE IS BEING PUT TOGETHER
BY DAVIS - MARTIN- POWELL & ASSOCIATES FOR A CAPITAL IMPROVEMENTS PROJECT FOR
THE WASTEWATER COLLECTION SYSTEM ALONG WITH A STUDY ON SEVERAL ITEMS ON
WATER AND SEWER RATES. HE ADDED THAT THE MAXIMUM ALLOWED FOR ANY OF THE
STUDIES WOULD BE $80,000.00 TOTAL AND THE CITY WOULD ONLY RECEIVE 50% OF THE
$40,000.00.
MAYOR PRO -TEM WOMBLE ASKED IF THE CITY WOULD HAVE TO COME UP WITH THE
OTHER HALF OF THE STUDY AND WOULD THAT DECISION HAVE TO BE MADE TONIGHT.
INTERIM CITY MANAGER AUTRY STATED THAT CITY ENGINEER ED POWELL IS PRESENT
AND YIELDED TO HIM TO EXPLAIN THE PROCESS.
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CITY ENGINEER ED POWELL STATED THAT COUNCIL APPROVED A RESOLUTION FOR
SOME RURAL CENTER FUNDING FOR THE REPLACEMENT OF THE UPPER JUNIPER CREEK
OUTFALL AND THE EASTSIDE FORCEMAIN. HE ADDED THAT THE ORIGINAL INTENT WAS
TO MOVE INTO THE NEXT PHASE OF THIS PROGRAM WHICH WOULD BE IN THE SPRING,
HOWEVER THE CITY OF DUNN HAS BEEN SELECTED BY THE STATE OF NORTH CAROLINA
TO HAVE A SEWER COLLECTION SYSTEM PERMIT ISSUED FOR US AND THEY HAVE ALSO
WRITTEN TO THE MAYOR ABOUT THE VOLUME OF OVERFLOWS THAT WE ARE
EXPERIENCING IN OUR SYSTEM AND THE STATE WANTS TO KNOW WHAT WE ARE GOING
TO DO TO LIMIT THAT.
HE STATED THAT CURRENTLY DAVIS- MARTIN - POWELL & ASSOCIATES IS PUTTING ,
TOGETHER A GRANT APPLICATION FOR A STUDY OF INFILTRATION INFLOW AND
REHABILITATION OF THE SEWER SYSTEM, CAPITAL IMPROVEMENT PLANS IN THE WATER
AND WASTEWATER SYSTEM AND RATES IN THE WATER SYSTEM. HE ADDED THIS
WOULD ALLOW THE CITY TO ADDRESS SOME OF THE CONCERNS THAT THE STATE HAS
ABOUT OUR COLLECTION SYSTEM AND THE OVERFLOWS WE ARE EXPERIENCING. HE
FURTHER STATED THAT LOCAL FUNDING WOULD COME FROM ALLOCATED FUNDS FOR
INFILTRATION INFLOW ABATEMENT WHICH IS A LINE ITEM IN THE ONGOING BUDGET
EVERY YEAR.
HE STATED THAT PART OF THAT FUNDING WOULD BE USED IN THE STUDY PROCESS IN
ORDER TO APPEASE THE STATE WITH THEIR CONCERNS ABOUT OUR SYSTEM AND AT THE
SAME TIME AVAIL OURSELVES TO ADDITIONAL MONIES THAT ARE AVAILABLE FROM
THE RURAL CENTER. HE ADDED THAT HE UNDERSTANDS THIS IS QUICK, BUT WHEN
THEY STARTED RECEIVING LETTERS FROM THE STATE, AND AFTER DISCUSSING WITH
INTERIM CITY MANAGER AUTRY, THEY AGREED THAT THEY SHOULD GO AHEAD AND
PRESENT IT TO COUNCIL TO TRY TO EXPEDITE THIS.
CITY ATTORNEY GODWIN ASKED IF THE CITY WOULD BE SUBJECT TO ANY CIVIL
PENALTIES IF THIS IS NOT DONE.
CITY ENGINEER POWELL RESPONDED YES.
MAYOR PRO -TEM WOMBLE STATED THAT IT SOUNDS GOOD, BUT THE WAY THE
RESOLUTION READS THE CITY WOULD BE COMMITTED TO THE REMAINING COST OF THE
PROJECT.
CITY ENGINEER POWELL STATED THAT THE MAXIMUM AMOUNT WOULD BE $80,000.00.
$40,000 FROM THE RURAL CENTER AND $40,000 FROM THE CITY.
MAYOR PRO -TEM WOMBLE STATED BY ADOPTING THIS WE WOULD BE SPENDING $40,000.
CITY ENGINEER POWELL RESPONDED UP TO $40,000.00 WHICH IS A 50% MATCH OF THE
GRANT THAT THE CITY WOULD RECEIVE.
MAYOR PRO -TEM WOMBLE STATED THAT THE SECOND PARAGRAPH OF THE RESOLUTION
STATES THAT WE WILL ADOPT AND PLACE IN EFFECT A SCHEDULE OF FEES AND
CHARGES AND ASKED CITY ENGINEER POWELL TO EXPLAIN THAT.
CITY ENGINEER POWELL STATED THAT THIS IS A STANDARD THAT COMES IN ANY
APPLICATION THAT IS SUBMITTED TO THE STATE FOR GRANT OR LOAN FUNDING. HE
ADDED THAT IF WE GET FUNDING WE WILL PROVIDE THE LOCAL FUNDING TO COMPLETE
THE FINANCING OF THE PROJECT AND WHEN THE PROJECT IS COMPLETED WE WILL
ADOPT A SCHEDULE OF FEES AND CHARGES THAT PROVIDE ADEQUATE REVENUES TO
OPERATE AND MAINTAIN THE SYSTEM.
MAYOR PRO -TEM WOMBLE STATED THAT THE CAPACITY BUILDING GRANT IS 50% OF
THE COST OF THE STUDY AND ASKED WHAT DOES THE STUDY DO.
CITY ENGINEER POWELL RESPONDED THAT THE STUDY HAS MANY PARTS BUT THE MOST
IMPORTANT PART WOULD BE AN ONGOING SEWER SYSTEM EVALUATION STUDY TO
HELP THE PEOPLE IN PUBLIC WORKS IDENTIFY THE SOURCES OF INFILTRATION INFLOW
IN THE SEWER SYSTEM AND MORE EFFECTIVELY SPEND THE MONEY THAT IS BUDGETED
YEARLY TO THAT PROGRAM TO REPAIR AND CORRECT THE DEFICIENCIES WITHIN THE
SEWER SYSTEM. HE ADDED THAT THE SECOND PART IS A CAPITAL IMPROVEMENT PLAN
WHICH DEVELOPS A TWENTY YEAR PLAN INTO THE WATER AND WASTEWATER NEEDS
OF THE CITY OF DUNN WHICH WOULD BE A PREREQUISITE FOR FUTURE FUNDING IN THE
STATE OF NORTH CAROLINA FROM GRANTS AND LOAN SOURCES. HE FURTHER STATED
THAT THE THIRD PART OF THE PROJECT WOULD BE A RATE STUDY TO UPDATE THE
CHARGES FOR WATER, SEWER AND SEWER USE AREAS WHICH IS THE SEWER USE
ORDINANCE THAT DUNN ALREADY HAS.
MAYOR PRO -TEM WOMBLE ASKED IF THE CITY PREPARED ONE OF THESE PLANS IN THE
PAST.
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CITY ENGINEER POWELL RESPONDED NO SIR. HE ADDED THAT THIS IS SOMETHING NEW
THAT WE ARE NOW RECEIVING.
COUNCILMEMBER TART ASKED IF THIS WAS AN ONGOING STUDY.
CITY ENGINEER POWELL RESPONDED THIS 1S AN ONGOING PROGRAM. HE ADDED THAT
ONCE THE CITY APPLIES FOR THESE GRANTS AND DEVELOPS NEEDS FOR THE SYSTEM
THE CITY WOULD BE IN A POSITION FOR ANNUAL GRANTS OF UP TO $400,000 A YEAR
FROM THE RURAL CENTER.
COUNCILMEMBER TART ASKED IF THAT IS THE REASON FOR APPLYING.
f CITY ENGINEER POWELL RESPONDED NO AND ADDED THE REASON IS BECAUSE THE
STATE SAYS THAT ONCE WE HAVE A PERMIT ISSUED FOR OUR SEWER SYSTEM, IF WE
HAVE A SPILL OR OVERFLOW AND PUT WASTEWATER ABOVE 1,000 GALLONS ON DRY
GROUND WE WILL BE FINED, SO WE ARE TRYING TO ABATE THE PROBLEMS THAT EXIST
WITHIN THE SEWER SYSTEM SO THAT WE WILL AVOID FUTURE PENALTIES AND FINES.
MAYOR PRO -TEM WOMBLE ASKED IF IT WAS TYPICAL THAT SUCH THINGS AS THIS COME
UP ON SUCH SHORT NOTICE THAT COUNCIL DOES NOT HAVE AN OPPORTUNITY TO LEARN
MORE ABOUT IT BEFORE MAKING A DECISION.
CITY ENGINEER POWELL RESPONDED NO AND ADDED THAT IT CAN BE DELAYED BUT
WHEN THEY RECEIVED THE LETTERS LAST WEEK WITH THE THREATS AGAINST THE CITY
THEY FELT LIKE THEY SHOULD GO AHEAD AND MOVE AHEAD WITH IT.
MAYOR OUDEH ASKED WHAT WOULD HAPPEN IF THEY DELAY IT.
CITY ENGINEER POWELL RESPONDED HE WOULD HOPE NOTHING BUT HE DOES NOT
KNOW.
COUNCILMEMBER TART ASKED IF THE CITY HAS HAD SOME OVERFLOWS THAT HAVE
APPROACHED THOSE AMOUNTS.
CITY ENGINEER POWELL RESPONDED YES AND SAID THEY HAVE EXCEEDED THOSE
AMOUNTS.
�J INTERIM CITY MANAGER AUTRY STATED THAT WHEN THE STATE MET WITH HIM ABOUT
THE PROPOSED PERMIT THEY INFORMED HIM THAT THE CITY WOULD HAVE A CAPITAL
IMPROVEMENTS PLAN, THEY WOULD HAVE A STUDY, AND ALSO MAKE FUNDS
AVAILABLE TO REMEDY THE OVERFLOWS AND INFILTRATION PROBLEMS FOR THE
PERMIT. HE ADDED THAT THE STATE ALSO INFORMED HIM THAT HE WOULD RECEIVE A
FOLLOW UP LETTER SHORTLY DETAILING ITEMS THAT CONCERNED THEM.
COUNCILMEMBER BASS ASKED IF THIS WAS MANDATED BY THE STATE.
INTERIM CITY MANAGER AUTRY RESPONDED YES. HE ADDED THAT THE STATE SAYS WE
WILL HAVE A PLAN, HOWEVER WE WANT TO PAY FOR IT.
CITY ENGINEER POWELL STATED THAT A TWENTY YEAR CAPITAL IMPROVEMENT PLAN
IS A PART OF THE SEWER SYSTEM PERMIT PROCESS WHETHER WE DO IT THIS WAY OR
COUNCIL COMES UP WITH THEIR OWN PLAN. HE ADDED THAT COUNCIL WOULD NOT BE
COMMITTING $40,000.00 TONIGHT ALTHOUGH IT IS A BUDGETED ITEM THAT THE CITY
ALREADY HAS. HE FURTHER STATED THAT BY APPLYING FOR THIS GRANT, COUNCIL
HAS TO ACCEPT THE GRANT IF AN OFFER IS MADE.
COUNCILMEMBER SUMNER STATED THAT HE DID NOT THINK THE CITY HAD A LOT OF
CHOICE AND HE DOES NOT KNOW WHAT ELSE CAN BE DISCUSSED, BUT HE DOES NOT
WANT THE CITY TO BE FINED.
MAYOR PRO-TEM WOMBLE STATED THAT HE WOULD LIKE THE RESOLUTION TO BE
CLEAR THAT THE CITY IS NOT COMMITTING TO THE FUNDING UNLESS THEY ACCEPT THE
GRANT.
CITY ATTORNEY GODWIN STATED HE WOULD CHANGE THE RESOLUTION TO READ TO
THAT EFFECT.
CITY ENGINEER POWELL STATED THAT HE DID NOT LIKE TO BRING ANYTHING TO
COUNCIL IN THE ELEVENTH HOUR AND THE INITIAL PLAN HAD BEEN TO DELAY IT BUT
THINGS BEGAN TO HAPPEN IN THE STATE PROCESS OF PERMITTING AND HE FELT
COUNCIL NEEDED TO HAVE THE OPPORTUNITY TO DO THIS BECAUSE HE WOULD HAVE
FELT BAD IF THE CITY STARTED RECEIVING FINES.
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MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER BASS TO
APPROVE THE RESOLUTION AUTHORIZING THE RURAL ECONOMIC DEVELOPMENT
CENTER TO OFFER CAPACITY GRANTS TO ASSIST IN FINANCING THE COST FOR PLANNING
WATER AND SEWER SYSTEM IMPROVEMENTS WITH THE CHANGES MADE TO THE
RESOLUTION MAKING IT CLEAR THAT THE CITY IS NOT COMMITTED TO THE FUNDING
UNLESS THE CITY DOES ACCEPT THE GRANT. MOTION UNANIMOUSLY APPROVED.
MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER SUMNER TO
GO INTO CLOSED SESSION TO DISCUSS THE CITY MANAGER POSITION AT 7:30 P.M.
MOTION UNANIMOUSLY APPROVED.
THE REGULAR MEETING WAS RECONVENED AT 9:15 P.M.
MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON
TO EXTEND TO MR. WHITSON THE OFFER FOR EMPLOYMENT AND SEVERANCE
AGREEMENT THAT HAS BEEN DISCUSSED. MOTION CARRIED 4 -2.
AYES: WOMBLE
ROBINSON
TART
SUMNER
NOES: BASS
MCDOUGAL
WITH NO FURTHER BUSINESS TO DISCUSS,
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TINA M. SILL§
DEPUTY CLERK
THE MEETING WAS ADJOURNED AT 9:17 P.M.
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