Information items
Storm Debris Clean-up
Staff Resource: Wayman Pearson, 704-336-3410, wpearson@ci.charlotte.nc.us
Solid Waste Services will provide collection of storm debris resulting from recent storms. Based on a debris assessment, it was determined that assistance from local contractors will not be necessary. Using City crews for the debris removal of this limited magnitude is more efficient and more cost-effective. Customers are being asked to prepare debris according to standard yard waste regulations.
Most of the storm debris is located in sections of east Charlotte, in areas between Providence and Monroe roads. Collection crews were out Saturday, June 17, clearing debris and collected approximately half of the debris that was placed at the curbside. While some of the debris was oversized, most debris met yard waste guidelines.
City crews will continue to collect debris in the identified area this week and will be flexible when deciding what to collect. Residents are asked to bring all storm debris (as well as other yard waste materials) to the curb for collection on their regularly scheduled collection day. Solid Waste Services will collect the debris as part of the CURB IT! yard waste collection program.
Major City Chiefs to Meet with US Attorney General
Keith Bridges, CMPD, 704-336-3695, rbridges@cmpd.org
US Attorney General Alberto Gonzales has invited Charlotte-Mecklenburg Police Chief Darrel Stephens and other representatives of the Major City Chief's Association to meet with him Friday to discuss police/immigration issues. Chief Stephens is 1st vice president of the association.
In addition to the police executives, including those from southwestern US states, immigration officials and other federal agencies will participate in the meeting. The Attorney General intends to cover such issues as the role of local police and illegal immigrants, the roles and responsibilities in relationship to federal agencies, and resources needed to support local police initiatives regarding immigration.
Airport Condemnation Judgement
Staff Resources: Jerry Orr 704-359-4003, tjorr@ci.charlotte.nc.us Mac McCarley 704-336-4112, dMcCarley@ci.charlotte.nc.us
In early April, the City tried the case of City of Charlotte vs Nye Properties, LP, which is a condemnation matter. The City condemned the property on Wilkinson Boulevard for airport expansion pursuant to the most recent update of the approved Master Plan.
The City valued the 5.75-acre tract of vacant land at $300,000 and placed that amount on deposit at the time of the condemnation. Nye Properties' appraisers testified that the property was worth between $435,000 and $590,000. The jury determined that just compensation was $445,000. This verdict is within the range of what was predicted.
Superior Court Judge Robert Ervin entered judgment on the jury's verdict on May 18, 2006. The parties had until June 19, 2006 to appeal, but neither has.
Therefore, the City must pay into the Court the difference between the deposit of $300,000 and the jury award, plus interest. The City must also reimburse the landowner for $18,846 of expenses that the landowner incurred for the trial. An award of costs against the condemning government is typical.
CATS' Special Transportation Service (STS) Revised Eligibility Determination Process
Staff Resource: Vida Covington, 704-432-0457, vcovington@ci.charlotte.nc.us and Pete Wallace, 704-336-3860, pwallace@ci.charlotte.nc.us
On July 3 CATS will implement a revised three-step eligibility determination process for STS customers. The new process will require an application, interview, and assessment to better determine whether patrons are capable of riding CATS' regular fixed route bus services. If a customer is able to use fixed route bus services, then he/she would not be eligible for STS. Only those individuals that cannot functionally utilize regular route bus services will be eligible to use STS services.
Carolinas HealthCare System's Charlotte Institute of Rehabilitation Vocational Services will conduct the interview and assessment portions of the determination. The revised process more closely mirrors the Americans with Disabilities Act (ADA) certification requirements for STS service. During the next 18 months all 4,800 eligible riders currently in the STS database and new applicants will be required to complete the new process. It is likely that some individuals who currently use STS service will end up being declared ineligible to continue using STS as a result of this recertification process.
Over the past year, CATS has conducted multiple public meetings and meets monthly with the Advocacy Council for People with Disabilities' Transportation Subcommittee to ensure the community is aware of the upcoming process change. Information on the eligibility determination process will be on the CATS website and the STS telephone reservation system. Monthly update reports will continue to be provided during the Advocacy Council for People with Disabilities' Transportation Subcommittee meeting.
Court of Appeals Decision in Airport Condemnation Case
Staff Resources: Mac McCarley 704-336-4112, dMcCarley@ci.charlotte.nc.us T.J. Orr 704-359-4000, tjorr@ci.charlotte.nc.us Becky Cheney 704-359-4011, bcheney@ci.charlotte.nc.us
On June 20, the Court of Appeals upheld a $2 million award against the City in an Airport condemnation matter known as, City of Charlotte vs. John and Linda Hurlahe, et al.
In the fall of 2004, after a two-week trial, a jury awarded Mr. and Mrs. Hurlahe $2 million. Mr. and Mr. Hurlahe had contended the value of their land was $3.2 million, while we believe the value was no more than $850,000. The City appealed.
The central issue on appeal was whether the landowner's experts had used appropriate methods to value the property and whether their testimony should have been allowed. The Court of Appeals ruled that the trial court had the discretion to admit the testimony and that the jury's verdict should not be overruled. In our opinion, pursuing a further appeal to the North Carolina Supreme Court is not a good use of City resources.
Because the City deposited $850,000 at the time the condemnation was filed, the balance owed is roughly $1,250,000 plus interest, plus an award of $60,000 for costs. The award will be paid from the airport enterprise fund and will not be charged against the general fund. The City is also eligible for partial reimbursement from the FAA for this award.
Either of us will be glad to answer your questions or provide you with a copy of the opinion.
