For the most part, there was little contention for Mayor Alvin Brown’s appointees who came before a City Council review panel about their new positions as part of a reorganization.
Most were longtime employees who talked about the opportunity, with council Rules Committee members providing praise and maybe a subtle joke or question. In a matter of several minutes, a unanimous vote had those appointments ready Tuesday for full council.
Then came Kim Scott’s turn.
The almost 30-year veteran and former head of the Municipal Code Compliance Division is serving as the acting director of the Regulatory Compliance Department, a promotion with responsibilities that include oversight over her former division and several others.
But, concerned residents have accused Scott of improperly managing situations in the compliance role, which led to questions by council members during the half-hour or so interview.
Most of the discussion revolved around a May 2011 partial demolition on University Boulevard and whether proper asbestos procedures — notifications, oversight and disposal among other concerns — were followed.
Scott said the project was declared an emergency on a Friday and that the city’s procurement, building inspections and environmental quality areas were notified. Work started on a Saturday and the rush was because it was in close proximity to an elementary school, day care facility and roadway.
Any asbestos-related case requires a supervisor but because of short notice, an environmental quality employee filled in, Scott said. The employee could have stopped the demolition if anything was wrong.
There was also the question about the contractor, who may or may not in 2011 have had the qualifications to handle and dispose of asbestos materials. The contractor does now, but several years ago is in question, which led to council member Bill Bishop asking who oversees such specifications.
Procurement manages the process and works with a requesting agency or department, which provides the needed technical certificates or licenses for a job, said Greg Pease, procurement chief.
Scott called it a collaboration, but never heard from procurement about problems.
“This particular issue seems to be passed back and forth,” Bishop said.
He also questioned whether the contractor properly disposed of the materials. The contractor did, according to a city official, by putting it in Trail Ridge Landfill. But whether the materials were put in the right area is undetermined and there was no paper trail, Bishop said.
“If they just stuck this stuff in a landfill, then we have a problem here,” he said.
Council member Lori Boyer also questioned Scott about oversight and conflict of interest — the Environmental Protection Board has actions pending against code compliance, which Scott oversaw. Now, Scott would oversee both.
Scott said a state ethics panel could review any ethics issues, but Boyer said she didn’t want to be “punting” all environmental quality issues to the state.
Scott said she supported any recommendation the board made and that she is looking for compliance regardless of division.
“Municipal Code Compliance will not be treated any differently,” Scott said.
She said she welcomed scrutiny.
That came from members of the public who spoke after the 7-0 unanimous vote.
Joe Markusic called the appointment “smart politics but not good government” and criticized ignoring or being “incompetent” about guidelines regarding demolition.
And Kim Pryor, a Preservation SOS member, talked about a misuse of federal funds of “upward of almost half a million” that would ultimately need to be paid back because guidelines weren’t followed. To date, about $30,000 has been paid back with taxpayer dollars.
Council member Denise Lee then asked the Office of General Counsel and administration to respond to the claims in writing after determining what federal Neighborhood Stabilization Program funds could and couldn’t be used for by the city.
“We need to put this to bed,” Lee said.
Scott, and the other mayoral appointees, are scheduled to have their appointments confirmed Tuesday.
@writerchapman
(904) 356-2466