A = APPROVAL
AD = APPROVAL DENIED
NA = NO ACTION
D = ACTION DEFERRED
R = REFERRED
C = REFERRED TO COMMITTEE
T = TABLED
RA = REMOVED FROM AGENDA
I = INTRODUCED
RW = REQUEST WITHDRAWN

ACTION AGENDA FOR A REGULAR RESCHEDULED MEETING OF THE CITY COUNCIL OF THE CITY OF ROCKY MOUNT TO BE HELD TUESDAY, MAY 29, 2012 AT 4:00 P.M. IN THE GEORGE W. DUDLEY CITY COUNCIL CHAMBER OF THE FREDERICK E. TURNAGE MUNICIPAL BUILDING.

1. Meeting Called to Order by the Mayor.

2. Prayer.

3. Roll Call by the City Clerk.

A~ 4. Approval of the Minutes of a Regular Meeting of the City Council Held May 14, 2012.

R*~ 5. Petitions to be Received from the Public.
Note: Citizens shall state their name and address for public record and limit presentations to three (3) minutes. Time will be monitored

Tim Sober requested permission to hold a Prayer Walk entitled “God Belongs in My City” beginning at the Imperial Centre at 10:00 a.m. August 11, 2012.

Note: Mr. Sober was advised that the Mayor, City Council and City Manager will be attending an out-of-town conference on that date.

Nehemiah Smith complained about the attitude of a Police Detective who was serving an arrest warrant on Branch Street just after Emmanuel Gent was killed.

*Referred to CMO for investigation.

6. CONSENT AGENDA:

A. Adoption of Ordinances Closing the Following Grant Projects:
1) FY-2004-2005 CDBG Entitlement Grant – funds used for housing rehabilitations, energy assistance, hazard abatement, emergency repairs, economic development projects (804,000);
2) 2009-2010 CDBG Entitlement Recovery Act – funds used for construction trade and energy assistance programs ($178,352);
3) Transit System Grants:
• FY-2011 Transit System Planning Program Grant ($34,626.27);
• FY-2011 Urban Transit System Operating Program Grant (Final Summary $867,546.07);
• FY-2010 & 2011 Rural Transit RGP Programs (Final Summary $355,118.04 - $2,518.36 remaining to be rolled into Transit Rural program fund balance);
• FY-2010 Rural Transit System Capital Program Grant (Final Summary $71,546.14);
• FY-2010 Urban Transit System Operating Program Grant (Final Summary $802,520.04);
• FY-2006 Urban Transit System Capital Program Grant (Final Summary $508,630.52);
• FY-2005 Urban Transit System Capital Program Grant (Final Summary $569,443.43 - $35,758.76 remaining to be rolled into Urban Transit Capital program fund balance);
4) FY-2009 Bullet Proof Vest Program Grant – funds used for Police Department bullet proof vests ($14,000 + 100% match);
5) Governor’s Highway Safety Program Grants:
• $8,000 - funds used for Light Trailer Unit (Final Summary $7,080);
• $4,000 + 100% match – funds used for Laser Unit reconstruction; software upgrades, data collector unit; laptop for laser unit (Final Summary $7,676.76)
6) Battle Park Improvements (Grant $20,320; Final Summary $20,250);
7) Train Station Rehabilitation (Grant $250,000 + 100% match; Final Summary $202,565.19).

B. Adoption of Ordinances Amending the Following Grant Projects:
1) FY-2010-2011 CDBG Entitlement Grant Project – Program Income (amends project to include program income May 1, 2011 through June 30, 2011 - $3,204);
2) FY-2010-2011 HOME Investment Partnership Grant Project – Program Income (amends project to include program income May 1, 2011 through June 30, 2011 - $2,681)
3) FY-2011-2012 CDBG Entitlement Grant Project – Program Income (amends project to include program income July 1, 2011 through March 31, 2012 - $25,090);
4) FY-2011-2012 HOME Investment Partnership Grant Project – Program Income (amends project to include program income July 1, 2011 through March 31, 2012 - $9,683).
5) FY-2011 Rural Transit System Operating Program (budgets increase in contract revenues for operating expenses - $119,000).

C. Authorization for Mayor to Execute Document Required in Connection with Close-Out of Healthy Home and Lead Hazard Control Grant from the U. S. Department of Housing and Urban Development ($2,765,585 used for education, testing and lead abatement of homes).

A~ Recommended Action: Approve Recommended Actions on Consent Agenda Items.

7. Consideration of the Following Rezoning Request Recommended for Denial by the Planning Board on March 13, 2012 and Referred to a Joint Meeting of the City Council and Planning Board Held May 15, 2012:

• Request by Mike Barnhill for the rezoning of ±2.47 acres at 3616, 3640 and 3650 Sunset Avenue from O-ICU to B-2 and 3624 and 3620 Sunset Avenue from R-10 to B-2.

NOTE: The petitioner has submitted a revised petition requesting conditional use zoning from O-ICU and R-10 to B-2CU for the subject property.

A~ Recommended Action: Schedule a Public Hearing on the Amended Rezoning Request for June 11, 2011.

8. Consideration of Lease Agreement with Brian Rankin, Milton and Miles, for Restaurant Space in the Imperial Centre (3-year lease @ $500/monthly for first year; $600 monthly second and third years – lease advertised pursuant to G.S. 160A-272 – notice period ended 5/27/2012 at 5:00 p.m. – no upset bids received).

A~ Recommended Action: Adopt Resolution Authorizing Lease Agreement (authorizes the Mayor and City Clerk to Execute the Agreement on Behalf of the City).

9. Consideration of Satisfaction of Security Instrument Releasing Deed of Trust Provided by the Jay Group in Connection with N.C. Rural Economic Development Center Building Re-use Grant for
Renovations to the Former Barcalounger Property (requirements of loan agreement satisfied).

A~ Recommended Action: Approve Satisfaction of Security Instrument and Authorize the Mayor to
Execute the Same on Behalf of the City.

10. Consideration of Resolution of Intent to Loan HOME Program Funds to Scott A. Redinger, Inc. and the John H. Wellons Foundation for Development of Madison Place Apartments ($100,000 – 20-year loan @2%/yr. amortized over 30 years).

A~ Recommended Action: Adopt Resolution.

11. Consideration of Extending the Contract with Parker-Stockstill Construction, Inc. to Include Additional Gas Line Construction Costs (increase contract $155,205.83).

A~ Recommended Action: Approve Extension of Contract as Recommended.

12. Consideration of Declaring Certain Personal Property Surplus and Authorizing Disposal by Electronic Auction via GovDeals, Inc.

A~ Recommended Action: Adopt Resolution Declaring Property Surplus and Authorizing Disposal by Electronic Auction.

13. Consideration of Resolution of Intent to Award Contract for River Drive Outfall Sanitary Sewer System Improvements (required in connection with approval of North Carolina Clean Water Revolving Loan in the amount of $1,751,025 – City to fund difference between loan amount and contract amount - $180,000).

A~ Recommended Action: Adopt Resolution.

14. Consideration of Resolution Opposing the Closing of the Edgecombe Youth Development Center.

A~ Recommended Action: Adopt Resolution.

NA~ 15. Appointments:
a. Board of Adjustment – (1) appointment – Ward 3 – term expires 6/2012 – Council;
b. Central City Revitalization Panel – Central City Business Owner – term expires 6/2012;
c. Community Appeals Board – (1) appointments – Ward 6 – term expires 6/2012;
d. Historic Preservation Commission – (1) appointment – term expires 6/2013;
e. Human Relations – (1) Mayor appointment – term expires 6/2015; (3) Council appointments –Ward 2 – term expires 6/2013; Ward 3 – term expires 6/2015; Ward 6 – term expires 6/2015;
f. Martin Luther King, Jr. Commission – (4) appointments – 3 terms expire 6/2014; 1 term expires 6/2012;
g. Mayor’s Commission on Persons with Disabilities – (4) appointments – 3 terms expire 6/2012; 1 term expires 6/2013 – Mayor and Council;
h. Redevelopment Commission – term expires 6/2012; and
i. Utility Service Review Board – Ward 3 – term expires 6/2013.