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 Charles C. Meeker, MayorJames P. West, Mayor Pro TemMary-Ann BaldwinThomas G. CrowderPhilip R. IsleyRodger KoopmanNancy McFarlaneRuss Stephenson12:30 P.M. JOINT HEARING WITH PLANNING COMMISSION1:00 P.M. AND 7:00 P.M., TUESDAYMAY 5, 2009THE COUNCIL CHAMBER
PLEASE TURN OFF ANY WIRELESS EQUIPMENT WHILE IN THE COUNCIL CHAMBERThis equipment interferes with the meeting’s sound transmission. Thank you.
 
City Council Agenda May 5, 2009
NOTICE TO HEARING IMPAIRED:Audio enhancements have been installed in the Council Chamber. Assistive listening devices areavailable upon request. Interpreters for Deaf and Hearing Impaired are available. If needed, pleaseprovide a 24-hour notice by calling 996-3100 (voice) or 996-3107 (TDD).A.
 
 
Rezoning Z-24-09 - Trinity Road, North Side, West of Blue Ridge Road, BeingWake County PINS 0784569220 and 0784565495
Approximately 18.40 acres is requested by Medlin Heirs and Wardlaw Heirs to berezoned from Office and Institution 1 with SHOD-1 to Office and Institution 2Conditional Use. Conditions include prohibited uses, limiting building heights, limits toaccess, stormwater retention, right-of-way reimbursement and site plan approval by CityCouncil.
2.
 
Rezoning Z-28-09 - Poole Road, South Side, Southeast of its Intersection with I-440Being Wake County PINS 1723844313, 1723848359, 1723941639, 1723942693,1723941466, 1723941216 and 1723940077
 Approximately 23.026 acres is requested by the City of Raleigh to be rezoned from O&I2 and R-6 to Industrial 1 General Use.
B.
 
MEETING CALLED TO ORDER BY THE MAYOR1.
 
Invocation - Doctor Jerry Williams, Agape Word Fellowship
2.
 
Pledge of Allegiance
C.
 
RECOGNITION OF SPECIAL AWARDSD.
 
CONSENT AGENDA
All items on the consent agenda are considered to be routine and may be enacted by one motion.If a Councilor requests discussion on an item, the item will be removed from the consent agendaand considered separately. The vote on the consent agenda will be a roll call vote.
1.
 
The City of Raleigh has been approved to receive locally administered Federal funds inthe amount of $3.25 million for construction of the Upper Neuse Greenway Trail. It isnecessary to execute a Supplemental Agreement with the North Carolina Department of Transportation (NCDOT) to receive these funds.
Recommendation:
Authorize the City Manager to execute the Supplemental Agreement for the ARRAfunding for the Upper Neuse Greenway Trail Project with NCDOT.
2.
 
City Plaza is scheduled to open in October of 2009. The Downtown Raleigh Alliance hasbeen asked by the City to be the management entity responsible for programming,scheduling and special maintenance services in the plaza. An agreement has beennegotiated between the City and the DRA for these services, which include maintainingthe schedule and being the primary point of contact for all third-party events on the plaza,establishing rules of operation for the plaza in consultation with an advisory board madeup of adjacent property owners and the City, and handling special day-to-daymaintenance of movable furniture, tents, umbrellas, etc. that may be used in the plaza.
2
 
City Council Agenda May 5, 2009
The City’s responsibilities will be primarily those major maintenance duties now handledon the rest of Fayetteville Street, for pavers, landscaping, fountain maintenance, electricalinfrastructure, etc. The agreement is for one-year renewable terms without additionalcost to the City (the cost of these additional services are borne by the general DRAbudget). The agreement as written has been reviewed and approved by the CityAttorney’s office and the DRA Board.
Recommendation:
Approve the agreement as presented.
3.
 
On April 7, 2009, City Council conducted a public hearing on the FY 2009-2010 ActionPlan for City allocation of Federal Community Development Block Grant and HOMEInvestment Partnership expenditures. Also under consideration at the hearing was theadditional $991,091 in funding to be made available to the City through HUD’sHomelessness Prevention and Rapid Re-Housing Program (HPRP). Receipt of thesefunds requires an amendment to the City’s current year Action Plan prior toimplementation. To date, no comments have been received outside of testimonydelivered at the required public meetings and the public hearing of April 7, 2009.
Recommendation:
Adopt the FY2009-2010 Action Plan; adopt the Substantial Amendment to the FY 2008-2009 Action Plan to provide for the inclusion of additional funding through the HPRP;and authorize the City Manager to sign the documentation.
4.
 
Under the revisions to the Fair and Accurate Credit Transactions (FACT) Act 2003, allutilities were required to have identity theft prevention policies and procedures in placeby November 1, 2008, which meet the standards outlined by Federal Agencies includingthe Federal Trade Commission (FTC). Penalties for non-compliance are up to $2,500 perviolation which would be levied to the City at the FTC’s discretion. The credit extendedby municipal utilities, i.e. billing for service rendered, triggers the requirement for theCity to implement a program, also known as a “Red Flags” program.In response to Council approval action dated October 21, 2008, and to remain incompliance with the Identity Theft Prevention Program outlined by the Federal TradeCommission, additional actions have been developed by the Utility Billing Division andmembers of the privacy committee to implement the approved Council goals:a.
 
Establish a Privacy Committee with representatives from the following organizations:Finance (Revenue, Utility Billing and Accounting), Information Technology,Personnel and the City Attorney’s office. Other representatives will be identified asappropriate.
This task has been completed. The Policy in the agenda packet outlines the representatives assigned.
 
b.
 
Identify a Privacy Officer who will be responsible for coordinating audit studies andreviewing patterns of incidents.
This task is currently assigned to Utility Billing.
 c.
 
Create a Security and Privacy Program for new or idle service users at both theconsumer and business level. This program will include detailed policies to enhanceidentity theft prevention. Key areas of policy identification are as follows:Suspicious Documentation, Personal Discrepancies, Notice from Customer, Unusual
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