City commission meeting commission chambers, city hall monday, september



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AMENDED AGENDA

CITY COMMISSION MEETING

COMMISSION CHAMBERS, CITY HALL

MONDAY, SEPTEMBER 28, 2009 5:30 PM


  1. CALL TO ORDER

INVOCATION


PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA


  1. PROCLAMATIONS: None




  1. PRESENTATIONS:




    1. Recognition of years of service: None




    1. MDA Fill-the-Boot Fundraiser report




    1. Concerning the Compromise Solution for the Removal of Certain Library Items from the Young Adult Section of the Public Library




  1. CONSENT AGENDA:

Routine items are placed on the Consent Agenda to expedite the meeting. If the Commission/Staff wish to discuss any item, the procedure is as follows: (1) pull the item(s) from the Consent Agenda; (2) vote on remaining items with one roll call vote, (3) discuss each pulled item and vote by roll call


    1. CITY COMMISSION MEETING MINUTES:




      1. Meeting held September 14, 2009




      1. Meeting held September 10, 2009




      1. Meeting held August 6, 2009




    1. PURCHASING ITEMS:




    1. RESOLUTIONS:




      1. A resolution of the City Commission of the City of Leesburg, Florida authorizing the Mayor and City Clerk to authorize a Third Amendment to an existing agreement with Atlantic.Net, Inc. to provide fractional DS-3 internet access on behalf of the City; and providing an effective date.




      1. A resolution of the City Commission of the City of Leesburg, Florida authorizing the Mayor and City Clerk to execute a second amendment to an existing agreement with Lewis Tree Service to provide ongoing tree trimming services primarily for the Electric Department; and providing for an effective date.




      1. A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and City Clerk to execute a Memorandum of Agreement (MOA) with the Department of Transportation to reimburse the City for Maintenance of Non-landscaped portions of HWY 441 from College Drive to CR 473; and providing an effective date.




      1. A resolution of the City Commission of the City of Leesburg, Florida authorizing the Mayor and City Clerk to authorize amendment No. 1 to the Locally Funded Agreement with FDOT to replace standard traffic signal poles with steel mast arms - US Hwy. 441 & US Hwy. 27




      1. A resolution of the City Commission of the City of Leesburg, Florida authorizing the Leesburg Police Department to purchase two Narcotics detecting dogs at a total cost of not to exceed $6,000.00; and providing an effective date.




      1. A resolution of the City Commission of the City of Leesburg, Florida applying for and accepting grant funding from Workforce Central Florida, Inc. for the electrical distribution technology program through Lake Sumter Community College; And providing an effective date.




      1. A resolution of the City Commission of the City of Leesburg, Florida authorizing the Mayor and City Clerk to execute Supplemental Joint Participation Agreement Number 1 with the State of Florida Department of Transportation for the taxiway and runway lighting project at Leesburg International Airport; and providing an effective date.




      1. A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and City Clerk to execute an underground pipeline right of way utilization agreement with Progress Energy Florida, Inc. for the purpose of setting forth terms under which Progress Energy will permit the City of Leesburg to utilize a portion of a Progress Energy utility easement for installation of underground wastewater and reclaimed water lines; and providing an effective date.




      1. A resolution of the City Commission of the City of Leesburg, Florida authorizing the Mayor and City Clerk to execute Change Order #2 with Electric Services, Inc. for the taxiway and runway lighting project at Leesburg International Airport; and providing an effective date.




      1. A resolution of the City Commission of the City of Leesburg, Florida, Authorizing the Mayor and City Clerk to amend the agreement with ICMA Retirement Corporation for the 401 Governmental Money Purchase Plan & Trust; and providing an effective date.




      1. A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and City Clerk to execute an Agreement for Professional Services with Jones Edmunds & Associates, Inc. for Landfill Monitoring; and providing an effective date.




    1. OTHER ITEMS: None




  1. PUBLIC HEARINGS AND NON-ROUTINE ITEMS:

COMPREHENSIVE PLAN INFORMATION SIGN-UP SHEET (YELLOW) AVAILABLE


    1. Public Hearing on the proposed millage and proposed budget for Fiscal Year 2009-10




      1. Announce the name of the taxing authority, the rolled back rate, and the millage rate to be levied




      1. Discuss the proposed aggregate millage rate.




      1. Request comments from the public regarding the millage rate and the budget




      1. Resolution finally adopting the millage rate of 4.3179 per $1,000 taxable value for Fiscal Year 2009-10




      1. Second reading of an ordinance adopting the Fiscal Year 2009-10 budget




      1. Announce the adopted millage rate




    1. Second reading of an Ordinance of the City Of Leesburg, Florida, rezoning approximately four acres on the south side of W. Main street, just west of S. Nursery Road, from City M-1 (Industrial) to City Spud (Small Planned Unit Development) subject to conditions contained in Exhibit A. (Correct error in second reading ordinance title read - Diamond C Transport/Judy Bjorn)




    1. First reading of an Ordinance of the City of Leesburg, Florida, rezoning approximately twenty-six acres south of U.S. Highway 441 on the west side of Sleepy Hallow Road, north of Old Tavares Road, from City R-2 (Medium Density Residential)to City PUD (Planned Unit Development) subject to conditions contained in Exhibit A. (Karen Hallgren)




    1. First reading of an ordinance amending article III, chapter 18 pertaining to work required in new commercial construction and residential development by establishing a public sidewalk fund




    1. First reading of an Ordinance of the City of Leesburg, Florida, amending Chapter 7, Section 7–16 of the Code of Ordinances, pertaining to the building code, in its entirety; adopting the 2007 Florida Building Code effective March 1, 2009, with the 2009 supplements also effective March 1, 2009




    1. First reading of an Ordinance amending Chapter 7, Section 10-1 of the Code of Ordinances, pertaining to the Fire Safety Codes, in its entirety; adopting the 2007 Florida Fire Prevention Code, consisting of NFPA 1 and NFPA 101, 2006 Edition and repealing conflicting ordinances effective immediately.




    1. First reading of an Ordinance accepting a Utility Easement from First Family Oaks Office Condominium Association pertaining to property located in Section 23, Township 19 South, Range 24 East, Lake County, Florida.




    1. First reading of an Ordinance accepting a Utility Easement from Lakeland Land Company pertaining to land located in Section 23, Township 19 South, Range 24 East, Lake County, Florida.




    1. First reading of an Ordinance accepting a Utility Easement from Jay-Mar Holdings, LLC pertaining to land between Dixie Ave. and Fairfax Ave, East of U.S. Hwy 27.




    1. First reading of an Ordinance accepting a Utility Easement from Jason D. Baas pertaining to land between Dixie Ave. and Fairfax Ave, East of U.S. Hwy 27.




    1. Reconfirm Grants Adminisgtration Division - COPS Hiring Recovery Program




  1. INFORMATIONAL REPORTS:

The following reports are provided to the Commission in accordance with the Charter/Ordinances. No action required.


    1. Monthly Report for August, 2009




    1. Expected Write-Offs as of July 31, 2009




    1. Residential Electrical Bill Comparison compiled by Florida Municipal Electric Association for July, 2009




  1. CITY ATTORNEY ITEMS:




  1. CITY MANAGER ITEMS:




  1. ROLL CALL:




  1. ADJOURN:

PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE HUMAN RESOURCES DEPARTMENT, ADA COORDINATOR, AT 728-9740, 48 HOURS IN ADVANCE OF THE MEETING.


F.S.S. 286.0105 "If a person decides to appeal any decision made by the Commission with respect to any matter considered at this meeting, they will need a record of the proceedings, and that for such purpose they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based." The City of Leesburg does not provide this verbatim record.

3C.

AGENDA MEMORANDUM

Meeting Date: September 28, 2009
From: Barbara J. Morse, Library Director
Subject: Concerning the Compromise Solution for the Removal of Certain Library Items from the Young Adult Section of the Public Library

Staff Recommendation:

After hearing the results of an idea-sharing meeting for the interested parties, the Library Advisory Board voted unanimously to recommend a change in procedure for the labeling of books in the Young Adult area of the Library. Using appropriate book review materials for young adults, the library staff will affix a label to those books deemed appropriate for a high school audience, grades 9 through 12. These books will be retained in the Young Adult Room on shelves separate from other books in the collection.


Analysis:

As requested by the City Commission, the Library Director scheduled a special meeting of the Library Advisory Board and had that meeting advertised as required by law. The Advisory Board heard the suggestions that had been made during an idea-sharing meeting from the previous afternoon attended by the Library Director, Ms Venetta, Ms Fechtel, Mr. Morrison, City Manager Jay Evans, Acting County Library Director Tom Merchant, and Wendy Breeden Director of Community Services for the County. During that preliminary meeting, a suggestion for change in procedure met with some agreement and was brought before the Library Advisory Board in its entirety.


Ms Fechtel and Ms Venetta agreed that the issue of requiring parental consent was not possible in the Public Library in the same form that it is possible in the Middle Schools. After much fact finding about the legal issues, the determination that a label which would indicate a high school audience for those books reviewed as such, would probably identify both of the books objected to in the initial Request for Reconsideration. It would also fit three other books identified in the follow-up list that was presented in materials supplied to the Commission in August. Since the audience for children’s books is often noted in the book reviews examined by the librarians during books selection, it would be moderately simple matter to ascertain that designation. This would also avoid any subjective labeling of content but would provide the flag requested by parents. All of the books would remain in the Young Adult room but the books labeled for the High School audience would have their own shelf areas.
Ms Fechtel felt that she had to bring the idea to her supporters but, in general, appeared to feel that it was a compromise that would give parents the indicator they were requesting that the materials would be for a more mature reader. She was unable to attend the special meeting of the Advisory Board but Ms. Venetta did attend and stated that she felt it was a good place to start. It is expected that Ms. Fechtel will submit a letter, which should accompany this memo, indicating her and her supporter’s level of satisfaction with the proposed compromise.
Options:

  1. Request a procedural change for the labeling of books to include identifying those items published for a high school audience

  2. Leave library items reviewed as appropriate for young adults in the Young Adult Department with no change in labeling

  3. Such alternative action as the Commission may deem appropriate


Fiscal Impact:

If the labeling of the items in the Young Adult Department is undertaken, it can be done in three stages. Items brought to the attention of the librarians will be researched against the books reviews in the appropriate review periodicals: School Library Journal, Publishers Weekly, Booklist, and VOYA. Those determined to be for a high school audience will be relabeled as such. All new items will be labeled before placing them on the shelves since the reviews will be part of the purchasing process. There are over 4,000 items currently in the Young Adult Dept that will have to be reviewed retrospectively. Each item takes about five minutes of staff time to research on-line if the review is readily available. The items will then have to have old labels stripped and new labels applied. The cost of labels is $60 for each 1000 including the tape over the top. If they have to be custom made the cost will increase to $80 per 1000. Staff time is hard to put a price on since this will have to be done as time allows. The retrospective review will anywhere between 3 and 6 months to complete as staff time allows.






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