“Our lives begin to end the day we become silent about things that matter.” - Martin Luther King, Jr.

Showing posts with label Water/Sewer. Show all posts
Showing posts with label Water/Sewer. Show all posts

Monday, November 4, 2013

Owens should have let sleeping dogs lie


Mooresville citizens ousted Frank Owens from the town board in 2005 after two terms, the last of which was wracked by controversy and scandal.

He was sent packing rather quietly, considering the political atmosphere and sentiment at the time.

But now, eight years later, he has tossed his hat back in the ring, targeting the Ward 3 seat currently occupied by Mac Herring.

Owens has claimed that he is running for office because Herring voted to saddle Mooresville residents with MI-Connection, a $92.5 million cable company that Owens says the town had no business purchasing. And I fully agree with him on that.

But then Owens decided to get a little nit-picky. He recently went digging through his opponent's 2012 county vehicle-tax records and then broke his neck tattle-telling to the Mooresville Tribune about a $88.86 delinquency on Herring's part, which even a county collections official called “very common.” The Tribune contacted Herring, who paid the tax bill before the article was even published in the paper.

Owens attempted to use this as a chance to show, even further, that Herring is irresponsible with money, stating in the Tribune: “What does it say about a commissioner that uses tax dollars from the town and the county and does not pay all of his county tax dollars?” 

Herring's delinquent tax bill was $88.86. If Herring's vote for MI-Connection is Owens' only real talking-point during this campaign, which seems to be the case, then we need to compare apples to apples.

In 2005, Frank Owens rubber-stamped handing a $25 million engineering contract on what would later become an estimated $150 million project to a town-board friend, voting against the recommendation of town engineers who said the expansion of Mooresville's wastewater treatment plant should be completed by a more qualified (and overall less costly) firm.

At one point in Mooresville's history, such a decision would have slid right through, possibly without the public even knowing. But decades of backwoods dealings and good-ol'-boy politics came to an end in the early- to mid-2000s in Mooresville, when the sleepy town was rocked by one scandal after another, all while Owens sat on the town board. With support from the local media and new blood on the board, a new plan was created for the wastewater treatment plant expansion, which meant the overall price was lowered. And the firm that had originally been deemed most qualified by town engineers was given a supervisory role over the former board's choice of CH2M Hill.

But that didn't happen before the town's manager – apparently based primarily on commissioners' persuasion, including (by then former) Commissioner Owens – fired the town's engineer and utilities director, both of whom had vehemently stood up for the best interest of the town's taxpayers against Owens and his ilk … and in spite of personal risk. One commissioner said that the personnel files of the two employees were “completely empty” of any prior disciplinary action at the time of their firings. For more on the CH2M Hill scandal, click here and here. 

But the CH2M Hill controversy was just the tip of the iceberg.

Also during Owens' last four years as commissioner:
  • In 2001, Mooresville's librarian was indicted and later pleaded guilty to embezzlement for using public money for her private use. But her indictment came in spite of an apathetic Mooresville Town Board and only after an activist blew the whistle and persistently demanded that something be done about it. She also went to the press. An independent review by the Mooresville Tribune raised the possibility that tens of thousands of dollars in cash and merchandise had been stolen from or through the library for half-a-dozen years before the indictment. 
  • In 2003, the town's former internal auditor, whose job it was to help prevent financial mismanagement and possible theft like that which had occurred at the library just a couple years prior, stated publicly for the first time that the town lacked financial controls and that her detection of those deficiencies – and her insistence that the town institute change – is likely what led to her firing after only eight months on the job. 
  • In 2004, the then-town manager fired the new town librarian, supposedly for spending more than town policy allowed for a meal. This resulted in another black eye on the town because of widespread scrutiny from newspapers and local television news about the overspending habits of Mooresville's government, primarily via travel and dining expenses. 
  • In 2005, despite the town having a full-time auditor, a finance director and an outside accounting firm that annually conducted an audit of the town's books, it once again took a concerned citizen – through his own volunteer financial probe – to identify a shortage in the inventory at the Mooresville Municipal Golf Course, which was already operationally bathed in red ink. A follow-up audit of the golf inventory showed about $5,000 of missing merchandise from the golf course pro shop. An editorial in the Mooresville Tribune stated: “The litany of mismanagement gets longer and longer, our town commissioners say little about it, and you, the taxpayers, foot the bill.”
  • Also in early 2006 - just after Owens was voted off the town board - the Federal Bureau of Investigation (FBI) visited the Town of Mooresville and confiscated town computers. To date, no one knows what the FBI was looking for, but most assume it had something to do with the town board, against procedure, granting its friend's engineering firm the lucrative $25 million engineering contract for the wastewater treatment plant expansion. One former commissioner said the FBI told commissioners that the agents were looking into actions of prior town-board members. He said he was specifically asked by the FBI if he thought former commissioners were receiving “kick-backs” for preferential awarding of contracts. “I don't believe they received money for it,” he said, “but it certainly showed poor judgment.”
And now word is finally public about a 2001 FBI investigation into Owens for public corruption, following a state probe into a Mooresville gambling hut. 

One former public official, during an interview about the investigation, said: “Frank Owens has a pattern of abusing power, whether it's as a police officer or a commissioner.

“We have gotten past the yahoo-style of government and crookedness and the 'you-aren't-my-friend-anymore' high-school politics.”

I could not agree more. A vote for Frank Owens on Tuesday is a vote to move Mooresville backwards. It's really just that simple.

Two years ago, commenters on this blog resurrected the issue of Owens' gambling and the 2001 FBI investigation. Owens contacted me via private message on Facebook at that time, asking me to remove the comments and to contact him. I did call him, and while stating that he was "just trying to lead a good, Christian life," he insisted that the gambling accusations were false. He offered to meet with me and tell “the truth” about what "had really happened." I saw no need; after all, he was a private citizen at the time, which meant that whatever had gone on in his private life was no longer the public's concern. Still, his behavior while he was a commissioner was and is fair-game for public scrutiny.

Now that he's running again for public office, the fact that he was investigated by the FBI for public corruption has become relevant for reporting; Owens' personal character is once again the public's business.

But Owens has clammed up again. He apparently doesn't want to talk about the scandal anymore; he still has not responded to Report questions sent in mid-October about his involvement in illegal gambling and the 2001 FBI investigation and grand jury. And the only thing that has changed from two years ago, when he wanted to talk about it, until now is that he's eyeballing a seat on Mooresville's town board.

Yes, Mac Herring, the Ward 3 incumbent, voted for MI-Connection during his first term on the town board. He made, in my opinion, a multi-million-dollar mistake. And I don't take that lightly. But if Herring's vote was so heinous, why did no one challenge him when he sought (and won) re-election in 2009? If Owens' motivation is to remove Herring from office to, as he claims, protect the taxpayers from a tax-and-spender, why did he wait another four years to do it? He could have run against Herring in 2009, but he didn't. In fact, no one did. Herring ran unopposed.

I was here, with a front-row seat, when Owens was last a commissioner. He and other board members gave the town one black eye after another. Far from being apologetic, they banned together and thumbed their noses at the public, over and over. Visits from SBI and FBI agents became almost commonplace. Shameful reports by newspapers and television news stations were plentiful; in fact, the material that Owens and other town-board members gave the Mooresville Tribune was enough to fill a wall with awards for investigative reporting and community service. The town became a laughingstock, notorious for scandal and controversy.

It was an ugly, politically restless period in Mooresville's history. I don't want to see it repeated, nor do I believe that anyone who was on the board at that time deserves a second chance to govern and shape policy in this town.

Herring voted for MI-Connection. But the SBI has not been in Mooresville since he's been a commissioner. The FBI hasn't visited, either, except – in the first few months of Herring's first term – to look into the actions of Owens and his fellow town-board members.

The public is smart enough to draw its own conclusions about that. And come what may on Tuesday.

Monday, September 29, 2008

You're invited ...

Have a question you’d like to ask Mooresville's town board? Here’s your chance:

"Citizens for Responsible Government" has invited Mooresville commissioners to join area residents in a “Town Hall meeting” on Wednesday, Oct. 15, from 6-8:30 p.m. in the youth services room of the Mooresville Public Library.

Local pastor Larry Green -- founder of Citizens for Responsible Government -- organized the Town Hall meeting and plans to moderate the event. In addition to general topics "related to the welfare and leadership of our town," Green said, specific topics up for discussion will include Cops for Kids; the town’s hiring of engineering firm CH2M Hill for the expansion of the Rocky River Wastewater Treatment Plant; the town’s purchase of the bankrupt Adelphia cable system (MI-Connection) and a potential recall option.

Of Mooresville’s six commissioners, three have responded to Green’s invitation. Commissioners Chris Carney and Miles Atkins said they plan to attend, while Commissioner Mitch Abraham said he has a conflict that night with another previously scheduled meeting. Additionally, Abraham said he has “church committments (sic) on Wednesday evenings.”

However, he told Green: “If I am able to move the other meeting, I will notify you of my intentions.”

Referencing the open meetings law, Abraham said, “I will also yield to the other commissioners for the reason that if 3 or more of us are gathered at the same place for purposes other than social, it may be considered an official meeting and I believe that may involve town staff be involved for record keeping purposes.” Abraham referred Green to Town Attorney Steve Gambill for a “ruling.”

Carney, responding to Green’s invitation, wrote: “I will be happy to attend and look forward to answering questions from the citizens of Mooresville.

“Also,” Carney added, “I welcome the opportunity to explain any decisions I have made or my position on existing issues facing Mooresville.”

If you have a question you'd like to ask, you can submit it in advance by contacting Green at 704-746-8674 or by e-mailing it to him at admin@cfrgm.org.

Event organizers will consolidate the questions into “thematic units,” said Green, “ to avoid repetition and to promote as much public involvement as possible.”

Green plans to follow a meeting agenda, which includes three-minute statements from each commissioner and a moderator-controlled Q&A session using your previously submitted questions. Commissioners, said Green, will have one minute to respond to each question. If time permits, Green said he will allow questions from the floor, with first priority given to those who did not previously submit questions. Those in attendance who did previously submit questions will be limited to one “open-floor” question, he said.

Green said a video of the Town Hall meeting – as well as the text of all responses – will be made available online at http://www.cfrgm.org/.

Friday, September 26, 2008

Town eases water restrictions

Mooresville residents now have an extra day a week to water lawns, wash cars, top off swimming pools and run outdoor water fountains. Here's the press release with all the details (click on the document to see a larger version):

Tuesday, June 24, 2008

Water pumps repaired and working

Here's the latest statement from the Town of Mooresville (click the document to read it):

Sunday, June 22, 2008

Mooresville water customers respond overwhelmingly to town's plea to conserve water

Mooresville water customers used almost 1 million gallons of water less yesterday than last Saturday, in response to the town's plea to conserve water after two of our three raw-water intake pumps malfunctioned.

Water demand was 3.694 million gallons yesterday, down from 4.522 million gallons last Saturday.

Town staff says the water treatment plant is in "good shape." Elevated storage tank levels are above the town's normal target levels -- 90 to 95 percent full -- and are higher now than this time last weekend.

The town currently has about 12 million gallons of treated water in storage and 4 million gallons of raw water in reserves that can be treated if necessary.

The only pump that is currently working -- which can draw 3.6 million gallons of raw water a day from Lake Norman into the town's water treatment plant -- continues to operate efficiently.

Town staff has said it anticipates having the pumps repaired and installed by late tomorrow (not later today, as I originally posted).

Water crisis (almost) averted...

The Town of Mooresville plans to have its raw-water intake pumps repaired and installed by late tomorrow.

Two of the town’s three pumps that operate the raw-water intake in Lake Norman have not been working since Friday. According to a press release issued by Maia Setzer, the town's director of administration and finance, one pump had been under repair since last week, and the second was “impacted” earlier this week.

The only pump that has been working throughout the weekend is one that can draw about 3.6 million gallons of raw water into the town’s water treatment plant. On average, the town typically treats about 4.5 million gallons of water a day. Fortunately, the town had in storage about 13 million gallons of treated water and 4 million gallons of raw water that could be finished and pushed into the system at any time.

The town began drawing down the finished water on Friday “to limit the need to overwork the existing pump,” Setzer said “If our customers will stop all unnecessary water uses, the water supply should be sufficient until the pumps are repaired.”

In addition to issuing the press release, Commissioner Mitch Abraham recorded a message on the town’s CTY Connect system to inform Mooresville residents of the situation and ask them to conserve water. Residents received that automated call Friday afternoon. And we responded by reducing our water consumption yesterday to an estimated 4.1 million gallons of water, down from the average of 4.5 million gallons.

Meanwhile, some town staff members have apparently worked throughout the weekend, monitoring the pumps and treating the 4 million gallons of raw water that the town had in reserves.

Some questions remain unanswered. Shortly after the town’s press release was posted in the Report, commenters started asking questions:

  • If one pump had been malfunctioning since last week, and the other had been impacted since earlier this week, why is the town just now pulling both pumps up to assess the damage and repair them?
  • Didn’t the town spend “mega-millions” to connect to Hickory's water treatment system in case of emergencies like this?
  • Was the town performing regular maintenance of the pumps?
  • What about the new water plant and pump station that was supposed to be fully operational more than a year ago?

Those are questions that the town will need to answer.

Meanwhile, at least since Friday, it appears that the town has acted quickly to execute an emergency back-up plan, it promptly alerted residents of the potential crisis, and some town staff members have worked diligently to resolve the situation with minimal impact to the town’s water customers.

The town attributes its "success" to the responsiveness and back-up emergency plans of town staff, the town’s preparedness through the Hickory interconnect (though I’m not yet sure how that played a part), the ability of the town to immediately alert its citizens through CTY Connect and the town’s cooperation and communication with the county, state and local fire departments.

Town commissioners expect to receive an update on the situation at a town board meeting scheduled for tomorrow night.

Friday, June 20, 2008

Town Urges Residents to Stop Unnecessary Water Uses Immediately

In case you haven't heard or received an automated phone call from the town, here's a press release issued earlier today, urging town residents to immediately stop all unnecessary water uses due to malfunctions of two of the town's three pumps that operate the raw-water intake in Lake Norman.

Click on the document below for more details:

Tuesday, April 8, 2008

More on Wastewatergate ... The Poisoned Project

The Town of Mooresville’s request to dismiss the case against it by two former town employees was not heard as scheduled yesterday, April 7.

The town’s “motion for summary judgment” was supposed to go before a Superior Court Judge in Statesville. And while it’s unclear the exact reason why the case didn’t make it to court, one could speculate that either the hearing was postponed, or a settlement has been reached.

Either way, in the eleventh hour, the Town of Mooresville amended its motion for summary judgment with a “declaration of Tonia Wimberly,” the town’s current engineering division supervisor. Wimberly began working for the town in August 2004, and she worked beside the two former town employees, Engineering Director Richard McMillan and Utilities Director Wilce Martin, until former Town Manager Jamie Justice fired the two men in February 2006.

Both men had publicly opposed the town’s 2004 hiring of engineering firm CH2M Hill to design the town’s Rocky River Wastewater Treatment Plant expansion. Of all the engineering firms that submitted “Statements of Qualifications” to the town, CH2M Hill was the least qualified for the project, according to town staff -- including Wimberly. The 2004 town board hired CH2M Hill anyway, saying that an official with that firm was a local person who had once worked at the town’s wastewater treatment plant.

That official, David Wagoner, is no longer employed by CH2M Hill. Neither is the firm’s original manager for Mooresville’s project, Mike Osborne, nor (according to new reports) the project principal, Joe Stowe. Engineer Derek Slocum left the town last year. And Justice resigned as town manager in February 2008 per the request of Mooresville’s town board.

These are among the reasons we have dubbed this issue The Poisoned Project … or Wastewatergate -- take your pick. Almost every person who touched this doomed project has either jumped ship or "walked the plank."

In her “declaration,” Wimberly – who took over leadership of the town’s engineering department after McMillan was fired – states that she, McMillan, Martin and Slocum “were responsible for narrowing the Statements of Qualifications down to a ‘short-list’ of engineering firms who were qualified to do the project.

“We narrowed the list to six engineering firms, all of whom were qualified to do the project,” she states.

CH2M Hill “was among the six engineering firms on the short-list,” Wimberly adds.

Stop the bus. What is conveniently missing in Wimberly’s “declaration” is that several Mooresville commissioners in 2004 explicitly instructed town staff to include CH2M Hill on that “short-list.” In other words, the reason CH2M Hill was included was not because it was among the six most qualified. Wimberly also failed to mention that town board members were reportedly pressuring town staff to select CH2M Hill and that commissioners had already decided to hire CH2M Hill before town staff narrowed the field of firms to six.

Moving on…

Wimberly states in her “declaration” that “All of the short-list engineering firms … have performed similar work in the past. Based on their licensing and their experience, any of the six engineering firms on the short-list could have designed the Rocky River Treatment Plant.”

Actually, here’s how three of the six firms on that “short-list” – Black & Veatch (which town staff ultimately recommended to the town board), CDM (which was ranked second by town staff) and CH2M Hill (which the town board ultimately chose for the project) – stacked up to the town’s requirements, based on the firms' own submitted qualifications:

  • Black & Veatch listed six projects in which it provided similar services as Mooresville’s in the region within the past eight years. CDM listed four. CH2M Hill listed one, which involved design improvements, modifications and upgrades to a treatment plant, not an expansion which is what the Town of Mooresville needs.
  • Black & Veatch listed five treatment plant expansions similar in size to Mooresville’s that it had designed in the region within the past eight years. CDM listed one. CH2M Hill listed none.
  • Black & Veatch’s proposed team included 19 employees that had worked together on a project, which was substantially more than the proposed teams of any other firms. Additionally, the teams listed in the proposals from Black & Veatch and CDM contained more professionally licensed individuals than the team proposed by CH2M Hill.
  • Though it wasn’t addressed in the Statements of Qualifications, we have discovered in the past year that Black & Veatch, had it been hired instead of CH2M Hill, also would have known to consider phosphorous requirements before it began designing the town’s treatment plant expansion. CH2M Hill, on the other hand, said it was "unaware" of the phosphorous limits until its design was 60 percent complete. And that meant that the firm was going to need to go back and change some things in its design – to the tune of a requested additional $2 million from the Town of Mooresville ... as if we, the town's sewer customers, are expected to pay for the learning curve of such an "experienced, qualified firm." Wimberly was fully aware of the pending $2 million request for at least two weeks before she and CH2M Hill presented it to Mooresville's town board in August 2007. Yet Wimberly did not disclose the amount when a town commissioner specifically asked for it at a public meeting. But that’s another soap opera, for another day…

Back to the firm grading process:

So far, we've established that Wimberly, along with the other three town staff members (McMillan, Martin and Slocum), independently reviewed and graded the firms in 2004. Their review and grading was supposed to be based solely on the information in the firms’ own Statements of Qualifications – and how well those listed qualifications met town standards.

Judging from the first three bullet points above, Wimberly’s information in her “declaration” about CH2M Hill’s experience clearly did not come from the Statement of Qualifications that CH2M Hill itself submitted to the town’s engineering department.

And of all five engineering firms selected as finalists, CH2M Hill was ranked last -- that's right, last -- by all four town staff members, including – you guessed it – Tonia Wimberly.

In fact, Wimberly herself gave Black & Veatch a score of 51. She gave CDM a score of 43. She scored two other firms at 32 and 28. And her score for CH2M Hill: 27.

The highest attainable score was 55. The lowest was 11.


But, interestingly, Wimberly doesn’t mention any of that in her “declaration.” Instead, she states: “CH2M Hill was an engineering firm that was and is qualified to perform the work on the project.

“The Town of Mooresville,” she added, “was required to select a qualified engineering firm based on that firm’s demonstrated competence and qualification for the type of professional services required …”

Again I ask: Where exactly was that “competence and qualification” demonstrated? It certainly wasn’t in CH2M Hill’s own Statement of Qualifications submitted to the town, which was the only information town staff was supposed to use in grading and recommending the firms.

Wimberly is correct when stating in her “declaration” that “The Board of Commissioners for the Town of Mooresville had the final say in selection of the engineering firm that the Board believed was best qualified to perform the work on the Project.”

And, indeed, that board in 2004 hijacked the professional opinion of our town staff -- including Wimberly -- who recommended Black & Veatch for Mooresville’s treatment plant expansion. Town commissioners instead chose CH2M Hill, the firm that town staff – and (should I state it again?) Wimberly herself – ranked least qualified for the job.

Wimberly states in her “declaration”: “The Board’s selection of CH2M Hill was in compliance with the requirements of” state statutes. She doesn't mention, though, that the board was supposed to, but didn't, follow state statutes that regulate the selection of an engineering firm.

Even if the town board's selection of CH2M Hill was 100 percent compliant with state statutes, the question is: was its selection the best one for our town?

And Wimberly doesn’t address that either. Why? Well, I could speculate a number of reasons. Among them:

  • Wimberly fears repercussions from town administration and/or elected officials. After all, her colleagues, McMillan and Martin, were fired for standing up for the taxpayers of this town. Why would she risk that?
  • The town’s “Manager of Engineering” position – once held by McMillan – is vacant and currently being advertised.
  • Wimberly is friends with JD Solomon, the Vice President and Carolinas Area Manager of CH2M Hill. (Solomon is the same guy, by the way, who put on a show at two different board meetings, saying per the advice of CH2M Hill “counsel,” he would need permission from town commissioners to speak to them since the town and CH2M Hill have a communication protocol which states that CH2M Hill will converse about the project only with town staff. Interestingly, Commissioner Frank Rader, in one of those same public meetings, disclosed that he had a lunch meeting with Solomon that week to discuss some aspects of the project. And rumor has it that Solomon at least tried to meet with other town commissioners, also outside the presence of the public, town staff and administrators. Hmph. So much for Solomon’s “above-board adherence” to the communication protocol…)

But Solomon isn’t the subject here.

The Rules of Professional Conduct for Engineers and Surveyors, Section 21 NCAC 56.0701 (d)(1), states that a licensee – which would include Tonia Wimberly – “shall issue public statements only in an objective and truthful manner and ... shall be objective and truthful in all professional reports, statements or testimony."

Is Tonia Wimberly being truthful and objective? You decide.