Calendar:
Monday, December 18
3:30 pm - Environment Committee Meeting, Room 280. AGENDA: Floodplain Management Ordinance; "Cool Cities" Resolution; Status of Committee Referrals; Committee Calendar for 2007
5:00 pm - Council Manager Dinner Briefing, Room CH-14
6:00 pm - Zoning Meeting, Meeting Chamber
Wednesday, December 20
3:30 pm - Economic Development and Planning Committee Meeting, Room 280. AGENDA: Business Corridor Revitalization Strategic Plan
5:30 pm - Metropolitan Transit Commission Meeting, Room 267
Information Items:
North Carolina League of Municipalities Survey Deadline Extended Staff Resource: Arthdale Brown, 704-336-2180 - arbrown@ci.charlotte.nc.us
The Mayor and Council received emails on December 14 with information referenced by Council member Carter at Monday's meeting regarding the League of Municipalities. The email stated that the deadline for the completion of the survey was today, December 15 and that a proposed resolution of support would be added to the December 18 Zoning agenda, as agreed to by Council on December 11.
The deadline has been extended by the League and the resolution will be before Council at the January 8, 2007 meeting. If you have any questions, feel free to contact me.
2007 Dr. Martin Luther King, Jr., Holiday Celebration (January 13 - 15, 2007) Staff Resource: Terry Bradley, 704-336-5271 - tbradley@ci.charlotte.nc.us
The Dr. Martin Luther King, Jr. Holiday Celebration will be held January 13-15, 2007. The Planning Committee invites Mayor and Council to attend all events, including the annual Holiday Parade. Attached is a listing of events and a parade application. Anyone wishing to march in the parade must complete an application and submit it no later than January 7, 2007. The parade will start on Mint and Second (Dr. Martin Luther King, Jr. Blvd.) and end at Second and McDowell.
Charlotte Mecklenburg Public Access Corporation (CMPAC) Update Staff Resource: Doris J. Boris, 704-336-3064 - dboris@ci.charlotte.nc.us
The Charlotte Mecklenburg Public Access Corporation (CMPAC) has eliminated categories for members of their Board of Directors appointed by the Mayor and City Council. Since the CMPAC began its operations in 2000, the Council has appointed up to six (6) board members and the Mayor has appointed up to three (3) board members to fill vacancies. Previous categories have included Arts, Community Service/Non-Profit, Finance, General Public, Industry/Non-Public Access, and Legal.
As approved by the Council when the CMPAC was originally established, CMPAC developed its own bylaws for operations which do not require Council approval. Now that it has been operating for more than six (6) years, the CMPAC determined that the need to focus on specific categories to fill vacancies was no longer necessary. Therefore, all future appointments made to the CMPAC Board will have no specific requirements beyond those already established by the City of Charlotte for those who want to serve on Boards and Commissions.
The CMPAC provides public access facilities, training, and production opportunities to citizens throughout the City of Charlotte and Mecklenburg County. Public access programming is cablecast on TVAccess21. City staff monitors the operations of the CMPAC through a services agreement with this nonprofit corporation.
Family Support Services Zoning Lawsuit
Staff Resource: Bob Hagemann, 704-336-2651 - rhagemann@ci.charlotte.nc.us
As you are aware, Family Support Services has been operating an adult care center at 931 Wilann Drive (east of Eastway Drive off of The Plaza). That use is, however, unlawful since an adult care center is not a permitted use in the applicable R-4 zoning district. On September 25, Council denied Family Support Services' rezoning petition that would have made the adult care center use lawful.
As Code Enforcement was preparing to begin enforcement, Family Support Services filed a lawsuit challenging Council's actions. The lawsuit alleges procedural irregularities and claims that the Council's decision to deny the rezoning petition was arbitrary and capricious. Family Support Services is seeking a court order barring enforcement until the case is decided on the merits and a remand to the Council for further proceedings on the rezoning petition.
Now that we have had a chance to analyze the claims, we have advised Code Enforcement that it is permissible to begin the enforcement process. It is our understanding that Code Enforcement intends to issue a citation on January 2 if Family Support Services has not ceased its operations by then. If that does not prompt compliance, Code Enforcement will escalate its enforcement efforts in the normal manner up to, if necessary, criminal prosecution.
Enforcement efforts could, however, be compromised by the lawsuit. It is possible that Family Support Services could obtain a court order suspending enforcement pending a final decision in the case. It is also possible that Family Support Services could prevail on the merits in its lawsuit. While I do not think either result is likely, you need to be aware of the possibility.
We are also in conversation with Family Support Services' attorney to see if we can resolve the lawsuit in a manner that ultimately achieves compliance.
Federal Funding Update
Staff Resource: Boyd Cauble, 704-336-2009 - bcauble@ci.charlotte.nc.us
The attached status update from Holland & Knight regarding federal appropriation requests, summarizes the best current information we have on unprecedented action taken by the new Congress during the past week. Although the details are not final, it appears that the current anticipated earmarks for which we received favorable preliminary authorizations, have been rescinded from the pending FY07 appropriation bills. Holland & Knight's best guess, based upon their discussions with Appropriation staff and members of our Delegation, assumes that the $70.74 million request for the South Corridor Light Rail Project will be fully funded, since it is part of the President's budget request. All other earmark requests for FY07 are questionable . The $6,000,000 earmark for the Charlotte Rapid Transit Extension Project may be included in an expansion budget for the Federal Transit Administration (FTA). If so, we will make our request directly to the FTA as we use our earmark designation as additional justification. This information is clearly subject to change and we will keep City Council advised as new information becomes available.
Also included in the attached update is a preliminary listing for FY08 federal funding requests assembled by Holland & Knight through interviews with City staff. Should City Council have additional suggestions for federal "earmarks" for FY08, please contact Boyd Cauble. The City's FY08 requests will be included in the City Council's agenda for approval no later than January 22, per Holland & Knights advice.
