Information Items:
- Police Academy Investigation
- RFP for Solid Waste Services - East Zone
- 2004 Quality of Life Index Report - update
- North Carolina Legislative Update
- Update on Tree Removal Issue with the Speedway

Attachments:
- June Calendar
- July Calendar
- Quality of Life Index Update
- NCLM Legislative Bulletin No. 6 - June 18, 2004
- City Council Follow up Report--June 18, 2004
- Economic Development Summary - June 2, 2004
- ED & Planning Agenda 6-2-04
- Sustainabaility Index - 1
- Sustainability Index - 2
- Wachovia Update
- OCC Investment Structure
- Housing & Neighborhood Development Minutes 5-19-04

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Information Items:
Police Academy Investigation
Staff Resource: Darrel Stephens, 704-336-2360

The Police Department's Internal Affairs Section has completed most of the investigation involving allegations of compiling and using an illegitimate study guide at the Police Training Academy. Internal Affairs brought charges against 160 officers, 157 of whom were in recruit classes from September 2000 through spring of 2004 and three of whom are members of the Academy staff.

Hearings have been held for 158 of the officers. Hearings for two of the remaining officers are scheduled for next week. 85 of the other officers interviewed were not charged with any violation and seven officers on active military leave have yet to be interviewed concerning this case.

There were four major categories of misconduct charges in this investigation:

    -  Creation of Guide/Passing It On:  The study guide originated the 135th recruit class.  Two individuals in that class will receive significant suspensions.  All other members of the 135th class who were involved will have sustained complaints and receive written reprimands for copying material that were instructed not to copy.

    - Possession, Use, and Failure to Report:  Most of the officers who were charged fall into this category.  They will receive a sustained "Conduct Unbecoming" charge through a written reprimand and will be required to retake all 20 of the topic tests that were covered by the illegitimate study guide material.  The members of the 143rd class, that just graduated, have already retaken and passed those tests and those who used the study guide will receive sustained complaints and written reprimands in their files.  This option was determined to be the most appropriate because it will require a significant commitment of study time from these officers to ensure they pass the tests.  Retaking the tests will also demonstrate that they have the required knowledge and we believe it will be helpful if their credibility is challenged in court.

     -  Failure to Report:  There are a number of officers who received the illegitimate study guide but did not use it when they discovered what it was.  They will receive e written reprimands for failure to report the existence of the study guide.

     -  Passing the "Guide" to Other Classes/Individuals:  These individuals will receive a 5 day suspension, with 3 days active and 2 suspended for a year, for their role in perpetuating this problem.  Some of these officers will also receive the "Conduct Unbecoming" charge for possession, use and failure to report and will be required to retake all of the tests.

The chart below details the sanctions and the number of officers who received each category of discipline.

Finding	Action	# of  Officers
Not Sustained	No further action	16
Unfounded	No further action	6
Sustained	Written Reprimand	39
Sustained	Written Reprimand, retake tests	79
Sustained	Actions ranging from 15 days suspension, 10 of which are active and 5 are suspended for 1 year, to 3 days suspended for 1 year.  The majority of these officers will also retake the tests	16
Sustained	No further action due to resignation prior to the hearing	2
Pending hearing		2
Total		160

CMPD contacted the North Carolina Criminal Justice Standards Division as soon as the existence of the study guide was revealed. The department worked with the Criminal Justice Standards Division to determine that the recruit classes did not have copies of the state exam and that the state exam had not been compromised. CMPD had already provided the Criminal Justice Standards Division the report that outlines the findings of the internal investigation along with the observations and recommendations of the outside review. The report includes the steps that are being implemented in the recruit training program to ensure that the problem does not occur again. They will also be provided the information on the outcome of the Chain of Command Review Boards that is presented here. The Criminal Justice Standards Division will determine if any additional action is needed.

RFP for Solid Waste Services - East Zone
Staff Resources: John Trunk, 704-336-5195 and David Elmore, 704-336-8694

Two proposals were received on June 17 for the performance of residential solid waste pickup in the City's East Zone. The City received responses from Inland Service Corporation and the City's Solid Waste Services KBU. Waste Management Inc. and Browning-Ferris Industries sent letters indicating they declined to submit a proposal for the solicitation. Over the next month, City staff and members of the Privatization and Competition Advisory Committee will evaluate the proposals. We anticipate that the contract award will be on Council's agenda in late August or early September. Service under the new contract will start on July 1, 2005.

2004 Quality of Life Index Report - Update
Staff Resource: Stanley Watkins, 704-336-3796

The 2004 Charlotte Neighborhood Quality (QOL) of Index Study will be finalized in mid July and released in early August 2004. The QOL is a joint City and County publication that provides a comprehensive assessment and evaluation of social, crime, physical and economic conditions in Charlotte neighborhoods. A more detailed description of the report is included in the attachment.

North Carolina Legislative Update
Staff Resource: Boyd Cauble, 704-336-2009

On Thursday, June 17, the Senate passed our authorization to consolidate Visit Charlotte and the Coliseum Authority. Prior to the Senate vote, Senator Clodfelter, assisted by Senator Dannelly, presented the bill to Senate Local Government Committee. The authorization should be finalized next week.

Mayor and Council were successful last week emphasizing the need for a travel and tourism revenue sharing initiative by the State. The Town Hall Day lobbying efforts and the Metropolitan Coalition (representatives of the 23 largest cities in North Carolina) meetings resulted in coalition building and support for the tourism legislation. Our efforts will culminate next week if the bill is heard in Senate Finance Committee. Representative Beverly Earle received House approval for the legislation last session and is aggressively seeking Senate approval this year. If approved, travel and tourism capital projects built by local governments would be eligible for state grant assistance generated by sales and ticket taxes collected from the project events.

Attached is the North Carolina League of Municipalities current Legislative Bulletin, which includes updates on bills the League is currently pursuing on our behalf.

Update on Tree Removal Issue with the Speedway
Staff Resource: Ron Kimble, 704-336-4169

Given the events of the last several weeks and articles that have been written in the last several days, City staff is providing the following synopsis as background information on the Speedway tree removal issue:

I. Highlighted Conditions on the Rezoning Site Plan Approved by City Council in February 2004:
The petitioner voluntarily offered: 

• Additional tree save areas along the Highway 29 frontage in addition to the required setback area.
• Sidewalk along frontage of Highway 29.
• Use limitation of special event parking for no more than 6 events per year.
• Lighting onsite limited to 30' in height; temporary lighting may be used during events.

II. What Happened in the Last Several Weeks

• On Friday, May 21 the Speedway verbally asked for permission to cut down trees along the frontage in the 75' save area to improve visibility to the site by passersby.
• Administratively, we allowed trees in two specific areas along the frontage to be "limbed up" to 6 feet off the ground, and underbrush to be removed. We communicated this to Bruton Smith, Doug Stafford, and Bob Rourke at 5:00 pm on Friday, May 21. We did not authorize them to remove any trees.
• On Monday, May 24, our estimates show that as many as 370 trees were removed in these two specific areas along Highway 29. They ranged in size all the way up to 8" in diameter, but most were of a smaller size. Many of the largest trees were left in place by the Speedway, and mulch was spread beneath these remaining trees.
• We met on site with Speedway officials on Wednesday, May 26 to view the situation, receive their commitment to not touch any more trees in the tree save area, and to set a future meeting to discuss remedies for the violation.

III. Next Steps in the Process

• Enforcement would be through zoning administration on a violation of the conditional district site plan. The Speedway action is not a violation of the tree ordinance or the buffer yard requirements of the zoning ordinance.
• Planting of any replacement trees should be done at the proper time, most likely October-April. To plant them now would not guarantee their survival. Number, spacing, type and arrangement of any new trees is being carefully analyzed.

City staff is scheduled to meet with Speedway officials including Bruton Smith this Monday, June 21. We will keep you updated on our progress on this issue as new information is obtained and remedies are formulated