To: Mayor Allen Green
Vice Mayor Mary Martin
Councilman Dennis Kennedy
Councilman Robert Pohlmann
Councilman George Steindoerfer
From: Kenneth W. Parker, City Manager
Subject: Agenda Commentary for Regular City Council Meeting of
April 21, 2009
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL REPORT
Recently, a group of volunteers from Embry Riddle assisted in painting the ArtHaus facility. At this time, Laurie Ring from ArtHaus would like to introduce those who assisted in the project.
C. CITIZEN PARTICIPATION
D. CONSENT AGENDA
Traffic Signal/Mast Arms must be installed in front of the
new Fire Stations to provide for their emergency access per State law.
Staff recommends that Council approve to “piggyback” Bid
B08-03 for Mast Arm Installation from
Comments: One of the signals will be installed on
Quentin L. Hampton Associates, Inc., submitted a proposal for engineering fees associated with the design phase of the Sleepy Hollow ditch improvements. As shown on the attached, fees for the design phase will not exceed $44,516. Plans involve piping the ditch located between Sleepy Hollow and Woodlake and installing ten inlets. Funds are available in Account No. 412 1800 541 6397, Project DIP014.
Staff recommends approval to have Quentin L. Hampton Associates, Inc., proceed with the design phase of the Sleepy Hollow ditch improvements for a total cost not to exceed $44,516.
The attached Staff Reports include the Development Activity Report for March, 2009, and the Building Activity Report for February, 2009. These reports provide information on proposed development and projects under construction, commercial code enforcement activity and monthly building permits and inspection updates.
Staff recommends that Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report) for February and March, 2009.
Attached is the request from the Halifax Sports Fishing Club
to hold their annual tournament on May 2.
This is the 21st year that Halifax Sport Fishing Club has
held this event on the
E. REPORT FROM ADVISORY BOARD
A representative of the Citizen Advisory Committee for the MPO will make a report to the Council at this time.
The City Staff has completed a review of the Fiscal Year 2009 Budget Execution through February, 2009. The attached budget resolution provides for the recognition of the budget changes recommended from this review. Staff recommends approval.
G. COMMUNITY DEVELOPMENT
Item 11 - First Reading – Ordinance No. 2009-9 - Amending Chapter 15, Section 8(e) of the Land Development Code Relating to Establishing Parameters for the Reconstruction of Non-Conforming, Off-Site Signs following a Catastrophe
This is a request to amend the Land Development Code. The purpose of the amendment is to establish parameters for the reconstruction of non-conforming, off-site signs following a catastrophe, pursuant to Section 70.20, Florida Statutes.
Planning Commission Recommendation: The Planning Commission recommended 7-0 (unanimous) to approve the proposed amendments to Chapter 15, Section 8(e) of the Land Development Code. A copy of the staff report, along with F.S. 70.20 and the draft ordinance, are attached for reference.
Staff Recommendation: Staff recommends approving the attached ordinance amending Chapter 15 of the Land Development Code, as recommended by the Planning Commission.
Item 12 - Resolution No. 09-28 - Extension and Modification of Agreement
between the City of
The agreement between the City and Mid Florida Housing Partnership, Inc. (MFHP) for services related to SHIP Program expired on March 31, 2009.
Staff recommends that an extension of this agreement be executed from April 1, 2009 to June 30, 2009. This short-term extension allows the City to align the agreement with the state’s fiscal year, permitting both the City and MFHP to more appropriately report on expected outcomes according to SHIP program years. The attached acknowledgement, signed by MFHP indicates their willingness to extend their current agreement with the City from April 1, 2009 to June 30, 2009.
Upon expiration of this extension, the City will publish a request for quotes that appropriately complies with SHIP statute requiring a sponsor selection process.
recommends that Council approve the attached resolution authorizing an
extension and modification of Agreement between the City of
The church has begun construction of a 7,583 SF sanctuary/fellowship hall along with the associated site improvements and estimates the project being completed within the next two months.
Staff recommends approval of the attached Release of Phased Improvements Agreement.
Dollar General has provided a Public Improvements Agreement
for off-site public road improvements to
Approval of the Public Improvements Agreement is conditioned upon the recording of the document after ownership is conveyed to the developer (D’Argent Properties, LLC). Staff must receive proof of recordation prior to 90 days from the April 21, 2009 City Council meeting.
Staff recommends that Council approve the Public Improvements Agreement for Dollar General, subject to conditions outlined below.
The proposed Fair Share Agreement has been prepared in
conjunction with the site plan for the development of a 7,588 square foot
multi-tenant building located on the south side of
The site plan has been reviewed by staff and found to be in compliance with the City’s development requirements. A Development Order will be issued upon City Council approval of the Fair-Share agreement and receipt of the fair-share mitigation payment.
Staff recommends that Council approve the Concurrency and
Fair-Share Agreement for the
The City Manager:
1. City negotiated in good faith with the Commanders;
2. The City Manager reached a tentative agreement with them which included changes in the pension plan that the rank and file unit tentatively agreed to as well with the understanding that the Retirement Article had to be the same for both units;
3. The IAFF unit representing the firefighters did not agree to the pension changes that had been agreed to by the Commanders; and
4. The City Manager was advised by the City’s pension attorney that the two groups cannot be legally treated separately under the plan; therefore, he has no choice but to recommend against ratification at this time.
Options available to the City Council:
1. Approve the contract as presented.
2. Table the contract until such time as an agreement is reached with the other bargaining unit and then make a decision related to the Commander’s contract. The City needs to be negotiating the retirement article at the same time in order to have consistent language.
3. Reject the contract as presented since the language in the two contracts related to the pension article must be the same.
City Manager’s Comments: Both management and the union negotiated in good faith to reach agreement. However, the retirement issue must be resolved by both bargaining units and must be the same. There is an alternative approach that would give the City Council the ability to change the retirement article without having to impact bargain the changes or making the retirement changes subject to amending the contract. Therefore, I must recommend rejection of the contract and negotiate the retirement changes consistent with the other bargaining unit.
I. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.