Calendar:
Monday, September 5
Labor Day Holiday - City Offices Closed
Tuesday, September 6
5:00 pm - Council Manager Dinner Briefing, Room 267
7:30 pm - Citizen's Forum, Room 267
Wednesday, September 7
12:00 pm - Economic Development and Planning Committee Meeting, Room CH-14 AGENDA: Growth Impact on Schools; Cultural Facilities Master Plan
Police Department Promotions - Wednesday, September 7
Staff Resource: Deputy Chief K.D. Williams, 704-432-0429Chief Stephens has recommended two CMPD officers to the Civil Service Board for promotion to the rank of sergeant. The two officers are Cecil Brisbon, currently assigned to the department's Professional Development Unit and Jem Jones, a detective in the Domestic Violence Unit.
The Civil Service Board is expected to approve the promotions at its September 6 meeting. The Police Department has scheduled a promotion ceremony for Wednesday, September 7 at 2:00 pm in the first floor Conference Center at Police Headquarters. The Mayor and Council are invited to join CMPD in congratulating these officers on this milestone in their careers.
Thursday, September 8
7:30 am - Mayor's Business Breakfast, The Westin Hotel, Providence Ball Room
1:45 pm - Catawba River Tour, Meet at T-Bones Restaurant, South Highway 49 Please RSVP to Mindy Levine, 704-336-3184 if you have not done so.
Agenda Notes:
Fuel Availability and Local Response to Hurricane Katrina
Staff Resource: Julie Burch, 704-336-3187
To conserve fuel, today's Council packet is being sent to you electronically only; there will be no hand delivery. If you wish, you may pick up a hard copy of the packet on Tuesday from Mindy Levine.
At the beginning of Tuesday night's Council workshop, staff will update the Mayor and Council on the latest status of fuel availability for City services and the community as well as local response to Hurricane Katrina relief efforts.
Information Items:
Multifamily Collection Service Reduction Update
Staff Resource: Wayman J. Pearson, 704-336-3410
On August 22, 2005, Council approved postponing the effective date of reduced multi-family solid waste service, until October 1, 2005. The postponement has allowed time for the City and Allied Waste Services (formerly, CCC/BFI) to negotiate a standard rate for supplemental collection service for multifamily complexes that may require more than the City-funded reduced service level.
The City currently pays Allied Waste $6.09 for each collection of a dumpster or open top bulk container and $85.44 for each compactor or closed top container. Allied has proposed rates for supplemental collections of $15.00 and $145.00, respectively, which includes billing, collection, and processing costs. While some complexes may have been able to negotiate lower collection rates, overall, the rates are reasonable and consistent for multifamily service, and market competitive. The complexes will have the choice of using Allied Waste for the supplemental collection or contracting another service provider of their choice.
On December 10, 2001, Council authorized the City Manager to negotiate and execute the current contract with Allied Waste. This original contract with Allied Waste will be amended by the City Manager to designate Allied Waste as the City's preferred contractor for supplemental waste collections. The City will continue to pay for the cost of waste disposal for those multifamily communities that use Allied Waste. Communities that do not use the City's contractor will be responsible for all associated collection costs including waste disposal costs (i.e. landfill fees).
Allied Waste will invoice multifamily communities directly for supplemental collection charges (excluding landfill fees) and be solely responsible for accounts that may become delinquent. The City's amended contract with Allied Waste, which also will reflect the reduced service level, will end on December 31, 2006. Allied Waste will provide supplemental collections at the negotiated rate through December 31, 2006. Prior to the expiration of the contract, the City will request proposals from solid waste management companies to provide new multifamily service that begins in January 2007.
Multifamily communities and solid waste companies have been kept abreast of the progress of the pending service changes by direct mail or staff contact.
Investigation Completed on Contract Operator of CATS' Bus Fleet Staff Resource: Ron Tober, 704-336-7245
CATS has completed its investigation into anonymous allegations of improper relationships regarding McDonald Transit Associates management staff, the current contractor of CATS' Bus Operations Division (BOD), and other BOD Maintenance Div. employees.
The audit by the City's Internal Audit Department found no evidence corroborating the allegations of fraud or kickbacks solicited and/or accepted by CATS, McDonald Transit Associates, Inc. or BOD employees. Nor were allegations regarding inappropriate vendor relationships within BOD's Maintenance Division substantiated.
In addition, a CATS-ordered independent review of BOD's preventive maintenance practices determined that BOD Maintenance was performing inspections in accordance with industry standards, CATS' requirements and FTA expectations.
The City's Internal Audit Department examined records from fiscal years 2004 and 2005. The auditors looked at the following in their investigation:
- Review of purchases for selected vendors, particularly new vendors and any with significant increases or decreases during the past two years;
- Talked to BOD employees and to one individual who claimed to be one of the anonymous complainants;
- Conducted in-person interviews with vendors, including those alleged by the anonymous sources to have inappropriate relationships with BOD personnel; and
- Examined BOD's maintenance expenses and reviewed budget overages for indications of excessive payments to vendors.
Based upon this investigation, Internal Audit did not find any evidence substantiating the anonymous allegations of fraud, kickbacks or inappropriate relationships involving vendors supplying CATS Bus Operation Division.
CATS' management also utilized an outside firm to investigate the allegations that preventative maintenance policies and procedures were not being properly followed. The firm conducted an in-depth review of the preventive maintenance practices, procedures and paperwork being used at the BOD to ensure their accuracy and sufficiency to meet CATS' standards and FTA expectations for fleet maintenance. The firm did make a number of recommendations for improving record-keeping and certain procedures related to preventive maintenance inspections at BOD. CATS' management has worked with BOD management to implement all of these recommendations.
CATS' previously had directed McDonald Transit Associates Inc. to revise their policies, including their gift and personnel hiring policies, to align them with the City's policies on these matters. CATS also asked on-site management to develop and implement a plan to improve communications with employees and front-line supervisors within the BOD Maintenance Division.
Since September 2003 when the McDonald Transit contract with the City began, independent audits have shown that maintenance performance has improved while BOD management has reduced overtime expenditures. CATS' uses a transit management firm since North Carolina law prohibits governmental entities from managing and negotiating with unions.
The anonymous complaints in this matter came from employees of a private company called Transit Management of Charlotte, Inc., which is managed by McDonald Transit Associates, Inc. under its contract with the City.
Mountain Island Lake MOU
Staff Resources: Darrin Peine, 704-336-7605 and Daryl Hammock, 704-336-2167
In January 2004, elected officials from jurisdictions adjoining Mountain Island Lake met and agreed that improved coordination could facilitate improved water quality protection of the lake. Subsequently a Memorandum of Understanding (MOU) Partnership was formulated. A Work Group comprising staff from the jurisdictions was established to formulate the MOU, which was signed by the City of Charlotte on June 14, 2004 and by all parties by August 2004.
The MOU Partners include Gaston, Lincoln and Mecklenburg Counties; Cities of Charlotte, Mount Holly and Gastonia; Towns of Cornelius and Huntersville; the Centralina Council of Governments; and the Mountain Island Lake Marine Commission.
The specific purpose of the MOU is to establish a framework for coordination. The final milestones of implementing the MOU, a handbook containing water quality strategies and guidelines (e.g. Best
Management Practices; spill prevention, response and control) and a web page for Partner communication, was recently finalized. The handbook and final MOU can be viewed at www.milmou.org
On August 2, 2005 the Work Group was presented a report prepared by the Trust for Public Lands (TPL) regarding a recent study of future land preservation needs for Gaston, Lincoln and
Mecklenburg Counties around Mountain Island Lake. Using GIS technology, TPL analyzed lands across the Mountain Island Lake watershed to identify places that offer the highest potential for
supporting water quality protection goals. Work Group representatives from the jurisdictions recommended that the report be presented by TPL to elected officials. The Work Group will also begin organizing another Mountain Island Lake workshop to be held in early 2006 and will be open to elected officials and the general public.
Zoning Enforcement Issues
Staff Resource: Walter Abernethy, 704-336-4213
This week, The Charlotte Observer contacted Neighborhood Development regarding a zoning enforcement issue in the Myers Park community. There are currently eight (8) properties under construction in this neighborhood that have had zoning holds placed on them because of possible problems with the 65% open space requirement. All of the permits were issued by Mecklenburg County prior to the zoning transition to the City.
On August 9, 2005 the Myers Park Homeowners Association requested an inspection of the sites to determine if the 65% open space requirement was being violated. To resolve this issue, the
property owner or builder must provide the City a professional survey demonstrating that the zoning ordinance requirements have been met. Certificates of Occupancy will not be issued until verification of the open space requirements takes place.
SBE Utilization on the Arena
Staff Resource: Tiffany Capers, 704-336-3862
The Charlotte Observer requested information regarding the new Arena. The inquiry is stemming from issues an SBE firm raised recently regarding SBE participation on the Arena project.Attached are responses to the inquiry.
Arboretum Fire Station Site
Staff Resource: Jon Hannan, 704-336-4925
In the FY06-07 budget process, Council funded the purchase of a fire station site in the Arboretum area, based on the Charlotte Fire Department's analysis of the need for resources in that area. On August 22, Council deferred action on condemnation for the site of the new station. Council asked for additional information about response times and service to the area.
Response by the first arriving fire company to the Arboretum from current fire stations does not meet the benchmark of 80 percent within 6 minutes; the average response time is over eight minutes. The response of an effective firefighting force also does not meet the benchmark of 80 percent within 9 minutes. Based on these facts, the Fire Department needs a station in this area.
The site at 8325 Providence Road is the only one we have found that meets the Department's criteria for a fire station. The original justification and maps are attached.
