Agenda Notes:
Agenda Items #48 F and G: Property Transaction Rea Investment Partners, an Agenda Item #48J: Property Transaction - W. Vernon Simpson and wife Maggie -- South Corridor Light Rail Project Property Transactions.
Staff Resource: Diane Johnson, 704-336-2854
City Council will be requested to approve several condemnation property transactions on the January 24, 2005 agenda. Staff expects that some of these owners may wish to speak to Council regarding these transactions.
Items 48 F and G - Rea Investment Partners - In a recent Council-Manager Memorandum dated December 10, 2004, Council received information concerning Rea Investment Partners and an upcoming condemnation action on the December 13, 2004 Council agenda. These properties are located on Crump Road and include the acquisition of 26,407 square feet of fee simple, permanent utility and temporary construction easements for the realignment and extension of Crump Road.
- Rea Investment Partners requested changes in design plans for the realignment and extension of Crump Road. Staff met and reviewed their suggested changes and the impact on their properties. Staff determined that the suggested changes were not economically feasible nor did they provide substantial justification to change the existing design and proceeded to request condemnation approval on Council's December 13 agenda.
- Prior to Council's December 13 meeting, staff was contacted by Rea Investment Partners' design consultant who submitted plans for another proposed redesign. Staff removed the property transaction from the December 13 agenda in order to review these new plans.
- Staff met with members of CDOT and determined that the latest suggested redesign still did not present substantial justification to change the existing design. This information was shared in a letter dated January 10, 2005 with Rea Investment Partners and the adjoining property owner, Norris Family LP. Attached is a copy of the letter to Rea Investment Partners and Norris Family LP.
Item 48 J-W Vernon Simpson and wife, Maggie M. Simpson - This property is located at the corner of South Boulevard and Carson Boulevard and includes the acquisition of 1,778 square feet for a permanent easement for a traction-powered substation.
- Mr. Simpson purchased this property in 1991 from the City as a result of a road realignment project that left a remnant parcel. The property was deeded to Mr. Simpson subject to all restrictions and easements of record, including the Norfolk Southern Railway Company easement that was subsequently purchased by the City of Charlotte in 1999.
- Mr. Simpson opposes the location of the substation easement on his property and is not agreeable with the City's offer of just compensation.
- Mr. Simpson has requested additional compensation for his underlying fee interest within the City's rail right of way and is contesting the City's rights within the rail right of way.
City staff will continue to negotiate with these owners in the hope of reaching a mutually acceptable resolution. However, in order to assure the timely completion of the necessary acquisitions for the utility relocation and roadbed, bridges and track work construction, it is necessary to request authorization for the condemnations at this time.
Information Items:
Police Budget Request for FY2006 and FY2007
Staff Resources: Ruffin Hall, 704-336-2306 and Darrel Stephens, 704-336-2337
Attached is a summary of the Charlotte-Mecklenburg Police Department's budget request for FY2006 and 2007.
Police is requesting a total of 103.5 additional positions (90 sworn and 13.5 non-sworn) for FY2006 and 2007. The Budget Office calculates a preliminary budget total cost estimate of approximately $8.9 million (of which $7.7 million for sworn positions and associated equipment). Police will submit additional detail information later and revised budget estimates as part of the budget development process.
The Budget Office will receive the Key Business Units' Strategic Operating Plans (SOPs), including requests for budget resources, Friday, January 21. While staff hasn't had the opportunity to review or refine the requests for Council's consideration, members of the media have already asked for the Police Department's resource request. Staff wanted to make sure Council received this information before its public release.
In addition to budget resource requests, these SOPs include key upcoming challenges, proposed business plans and performance measurement data. The Budget Office works with the City Manager and Key Business Executives to review the requests, analyze information and identify key issues. During this review period, staff uses the budget retreats to communicate emerging issues with the Mayor and Council. The City Manager will make her formal budget recommendation to the Mayor and Council in early May.
It would be inappropriate and premature for staff to discuss resource requests publicly prior to internal staff analysis and discussion with the Mayor and Council. We will continue refining budget proposals and communicating issues to Council as part of the approved budget development process.
TIP Allocation Reduced by $69 M
Staff Resource: Jim Humphrey, 704-336-3883
Staff received a copy of a memo from Calvin Leggett, Programming Manager for the North Carolina Department of Transportation (NCDOT), informing Division Engineers that TIP allocations will be modified based upon "Lyndo's Law". NCDOT's Division 10, which includes Charlotte and the MUMPO, would see a reduction of $69 M in the 2006-2012 TIP (a 13% reduction). While we are attempting to learn more, we have expressed concern that the reduction could affect our ability to meet air quality conformity standards and timetable. We expect to learn more and apprise City Council at the January 24 meeting when we discuss the 2030 Long Range Transportation Plan project ranking, which is already on your agenda.
In 1999, the Board of Transportation successfully advocated a change in law that requires regular adjustments to the TIP to account for actual dollars spent in each funding region. Secretary of Transportation Lyndo Tippett led this "balancing" effort when he was serving on the Board. Per Mr. Leggett's memo, "The intent of the legislation was to ensure that funds were distributed equitably across the state….several Divisions have received more than their fair share of funds, while others have received less than their fair share according to the equity formula". The memo identifies preconstruction delays as the primary reason why some divisions did not spend their "fair share". The effect of the law is that a balancing of funds takes place based on past spending patterns. Divisions that spent more funds than the equity formula would prescribe will have their allocation reduced and Divisions that spent less than the equity formula would prescribe will have their allocation increased.
It is unclear what projects may be affected, but it is probable that some will be in the Charlotte/MUMPO area. Staff has asked the Division Engineer to involve MUMPO and City staff in decision making early in the process, and he has agreed to consider a "do not delay" list of projects that are most important for air quality purposes. Ultimately, the MUMPO will have to concur in changes to the TIP.
The changes could affect our ability to meet Air Quality Conformity standards and production deadlines. The 2010 horizon year standard has been our most difficult to meet. We count on projects programmed for funding in the TIP to help meet the requirement. Any reduction in projects funding, as well as the late notification, could cause problems in meeting the June 15 Conformity Deadline.
A number of areas of the state are affected by the proposed changes. The Raleigh area will have its allocation reduced by over $300 M (a 55% reduction). Staff will continue to work with the State and will keep Council apprised of the decisions the State makes.
Elmwood Cemetery Stolen Flags
Staff Resource: Mike Shroyer, 704-336-2124
Sometime between Friday, January 14, 2005 and Sunday, January 16, 2005, the Confederate battle flag and other small flags placed within the Confederate Section at Elmwood Cemetery were stolen. These flags were placed there by the Sons of Confederate Veterans and are not the property of the City of Charlotte. The Sons of Confederate Veterans have been notified about the theft. They will need to notify the police to file a stolen property report. CMPD regularly patrols the cemetery.
