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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

2. PROCLAMATIONS: None

3. PRESENTATIONS:

   A. Recognition of years of service: None

   B. MDA Fill-the-Boot Fundraiser report

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

4. 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

   A. CITY COMMISSION MEETING MINUTES:

       1. Meeting held September 14, 2009

       2. Meeting held September 10, 2009

       3. Meeting held August 6, 2009

   B. PURCHASING ITEMS:

   C. 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.

       2. 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.

3. 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.

4. 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

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.
  D. OTHER ITEMS: None

5. PUBLIC HEARINGS AND NON-ROUTINE ITEMS:
   COMPREHENSIVE PLAN INFORMATION SIGN-UP SHEET (YELLOW) AVAILABLE

  A. 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

     2. Discuss the proposed aggregate millage rate.

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

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

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

     6. Announce the adopted millage rate

  B. 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)

  C. 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)

  D. 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

  E. 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

  F. 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.
   G. 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.

   H. 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.

   I. 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.

   J. 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.

   K. Reconfirm Grants Adminisgtration Division - COPS Hiring Recovery Program

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

   A. Monthly Report for August, 2009

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

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

7. CITY ATTORNEY ITEMS:

8. CITY MANAGER ITEMS:

9. ROLL CALL:

10. 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.


Submission Date and Time:              12/28/2011 10:13 AM____

 Department: ______________________     Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
09/28/09
                                      4.C.1.
                              AGENDA MEMORANDUM

Meeting Date:         September 28, 2009

From:                 Mike Thornton, Purchasing Manager

Subject:              Resolution authorizing a third amendment to an existing agreement with
                      Atlantic.Net, Inc. for dedicated circuit services



Staff Recommendation:
Staff recommends approval of the third amendment with Atlantic.Net, Inc. to extend the existing
contract thru September 30, 2010.

Analysis:
The City originally contracted with Atlantic.Net, Inc. in December 2004 for a three-year period.
Atlantic.Net, Inc. provides fractional DS-3 internet access to the Communications Division of the
Information Technology Department. This service is re-sold to commercial accounts serviced by
the City Communications Division.

This third amendment will extend the contract period until September 30, 2010. The original
agreement provides for the City to renew in writing additional one (1) year periods at the City’s
option. The City wishes to exercise that option with this third amendment.

Extension of this contract will allow for uninterrupted internet service. Retaining the existing
company will minimize confusion and cost by transferring to a new company.           The City has
received excellent service and dependability from Atlantic.Net, Inc. and would like to continue its
relationship with this vendor.

Options:
1. Authorize execution of the third amendment with Atlantic.Net, Inc.
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
Funds for Information Technology internet services are budgeted on an annual basis. The proposed
budget for this service during the 2010 fiscal year is $70,000.00.      .
Submission Date and Time:              12/28/2011 10:13 AM____
 Department: IT/Communications_____     Reviewed by: Dept. Head ________   Account No. _045-5026-529-3110__
 Prepared by: Armida Jones________
 Attachments: Yes_X__ No _______        Finance Dept. ___________JB_____   Project No. ___________________
 Advertised: ____Not Required __X___
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget _____$70,000.00_________
 _________________________________
 Revised 6/10/04                                                           Available ____$70,000.00_________
                            RESOLUTION NO._______________

           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.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

           THAT the Mayor and City Clerk are hereby authorized to execute a third
   amendment to an original agreement executed on November 22, 2004 with
   ATLANTIC.NET, INC. whose address is 2815 NW 13TH Street, Suite 201, Gainesville, Florida
   32609, for providing fractional DS-3 internet access pursuant to original request for proposal
   to RFP-04-19.

           THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the __28th___ day of __September_______ 2009.



                                                    __________________________
                                                     Mayor

   ATTEST:


   __________________________
   City Clerk


09/28/09
                                        4.C.2.
                                AGENDA MEMORANDUM


Meeting Date:           September 28, 2009

From:                   Mike Thornton, Purchasing Manager

Subject:                Resolution authorizing execution of a second amendment of an agreement
                        with Lewis Tree Service



Staff Recommendation:
Staff recommends approval of a second amendment with Lewis Tree Service, Inc. for an additional
one-year term.

Analysis:
Lewis Tree Service, Inc. provides tree trimming services primarily to the Electric Department. The
contractor also provides tree services to other departments within the City when requested. The City
originally contracted with Lewis Tree Service, Inc., in October 2005 for a three-year period. The
original agreement provides for the City to exercise no more than two one-year extensions beyond
the original three-year period.

Extension of this contract will allow for uninterrupted service during hurricane season. It will also
retain their staff that is familiar with City operations and electric utility service area. Retaining the
existing company will minimize the burden on the electric superintendent who is now charged with
overseeing the tree crew in addition to his regular duties.

The amount of business with this vendor for fiscal years 2007 and 2008 is $446,698.97 and
$447,743.73 respectively. The City has received excellent service and dependability from Lewis Tree
Service, Inc. and staff wishes to continue the relationship with this vendor.

Options:
1. Authorize execution of the second amendment with Lewis Tree Service, Inc.; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
Funds for Electric Utility tree trimming and services are budgeted on an annual basis. The proposed
budget for Fiscal Year 2009-10 is $460,000.00.
Submission Date and Time:                 12/28/2011 10:13 AM____

 Department: _Electric Department______    Reviewed by: Dept. Head ________   Account No. _041-1062-531-4625___
 Prepared by: _Mike Thornton_______
 Attachments:      Yes__X__ No ______      Finance Dept. __________JB______   Project No. ___________________
 Advertised: ____Not Required __X___
 Dates: __________________________         Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____       Submitted by:
                                           City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                              Available _____________________
                            RESOLUTION NO._______________

           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.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

             THAT the Mayor and City Clerk are hereby authorized to execute a second
   amendment to an existing agreement with LEWIS TREE SERVICE whose address is 300
   Lucius Gordon Drive, West Henrietta, NY 14586 for tree trimming service related to electric
   utility line maintenance.

           THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the _28th____ day of _September________ 2009.



                                                   __________________________
                                                    Mayor

   ATTEST:


   __________________________
   City Clerk


09/28/09
                                    4.C.3.
                             AGENDA MEMORANDUM


Meeting Date:        September 28, 2009

From:                Bruce Ericson, Director Parks & Recreation

Subject:             Resolution Authorizing Memorandum of Agreement (MOA) with
                     Department of Transportation to reimburse the City for maintenance of
                     non-landscaped portion of Hwy 441



Staff Recommendation:
Staff recommends approval of Memorandum of Agreement (MOA) with Department of
Transportation to reimburse the City for maintenance of non-landscaped portion of Hwy 441 from
College Drive to CR 473/Bluegill Drive.

Analysis:
In October 2006 the city of Leesburg entered into a Joint Partnership Agreement (JPA) with the
Florida Department of Transportation (FDOT) to receive $805,000 to landscape and maintain
Highway 441 from College Drive to CR 473. The landscape has been completed and the city has
received payment from the JPA.

On March 10, 2008 the City Commission approved an agreement with Annan Landscape to
maintain the entire corridor of Hwy 441 from College Drive to CR 473, both the landscaped and
non-landscaped portions. FDOT will reimburse the City $9,156.00 annually through the MOA for
maintenance of the non-landscaped portions of that roadway which is primarily grassy areas of
Bahia grass. The $9,156.00 is the amount FDOT would pay a contractor to maintain the same area.

The one year period of the original agreement expired April, 2009. The City Commission approved
renewal of the agreement on May 11, 2009, at which time the agreement was submitted to FDOT in
May, 2009. However, due to a glitch in FDOT’s mail retrieval system, the renewal agreement was
not received by the deadline date of June 4, 2009 and the MOA contract expired.

In order to continue the reimbursement of funds for maintenance of non-landscaped portion of
Hwy 441, a new MOA contract has been received from FDOT with no revision to the original
amount of $9,156.00 annually. This contract will be for a three-year term with no increase in
reimbursement.

The Joint Partnership Agreement covered the maintenance of landscaped areas and the
Memorandum of Agreement covers only the non-landscaped areas.
Options:
1. Approve Memorandum of Agreement with Florida Department of Transportation or;
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
The approval of the MOA will provide reimbursement of $9,156.00 annually for non-landscaped
maintenance of Hwy 441for the three-year period. A budget adjustment will be necessary to include
this additional revenue into the budget.


Submission Date and Time:               12/28/2011 10:13 AM____

 Department: _Parks & Recreation_____    Reviewed by: Dept. Head ________   Account No. _001-0000-334-7311__
 Prepared by: _Jennifer Magavero____
 Attachments:      Yes_X___ No ______    Finance Dept. __________JB______   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________       Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes_X__ No ____    Submitted by:
                                         City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                            Available _____________________
                            RESOLUTION NO._______________

           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.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

          THAT the Mayor and City Clerk are hereby authorized to execute a Memorandum
   of Agreement with the Department of Transportation whose address is 1450 Thomas Ave,
   Leesburg, FL 34748 for reimbursement of $9,156.00 to provide maintenance for non-
   landscaped portions of 441 from College Drive to 473.

           The term of this agreement shall be for a period of three years with no increase in
   reimbursement. This agreement may be renewed for a period that may not exceed one three
   year term. The price to be paid for the renewal period may be increased by up to seven and
   one half percent at the discretion of the Department.

           THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the __28___ day of __September_______ 2009.



                                                   __________________________
                                                    Mayor

   ATTEST:


   __________________________
   City Clerk


09/28/09
                                      4.C.4.




                              AGENDA MEMORANDUM


Meeting Date:         September 28, 2009

From:                 James Feagle, Deputy Director of Public Works

Subject:              Resolution Authorizing Execution of Supplemental Amendment Number 1
                      to the Locally Funded Agreement with the Florida Department of
                      Transportation to Replace Standard Strain Traffic Signal Poles with Steel
                      Mast Arms – US Hwy. 441 & US Hwy. 27



Staff Recommendation:
Staff recommends approval of Supplemental Amendment Number 1 to the Locally Funded
Agreement with the Florida Department of Transportation, Financial Management Number 23894-
2-52-01.

Analysis:
On March 14, 2005, Resolution no. 7312 was approved by the City Commission for a Locally
Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) for the upgrade
and replacement of standard strain traffic signal poles at SR 500 (US Hwy. 441) and SR 25 (US Hwy.
27) with four (4) steel mast arms in the City of Leesburg in Fiscal Year 2008 – 09 as part of the
Perkins to Griffin project.

The original estimate of the upgrade was $258,250.00. The purpose of Supplemental Amendment
Number 1 is to update the cost estimate, to clarify the intersections being upgraded to mast arm
structures and to define the mast arm maintenance responsibilities of the City, as specified in the
Revised Exhibit “A”, attached hereto. The City has allocated $597,450.00 for this project. The
updated cost estimate for mast arm upgrades for this project is $353,250.00. The City agrees to
provide the funding to the department on or before January 8, 2010.

Options:
1. Approve Supplemental Amendment Number 1 to the LFA; or
2. Such alternative action as the Commission may deem appropriate


Fiscal Impact:
The revised cost estimate is now $353,350.00, including engineering, labor, coordination efforts and
materials. Funds are available in the US441/27 Community Redevelopment Agency budget.


Submission Date and Time:              12/28/2011 10:13 AM____

 Department: _Public Works__________    Reviewed by: Dept. Head ________    Account No. 018-6191-559-6310___
 Prepared by: __James Feagle _____
 Attachments: Yes__X_ No _____          Finance Dept. ___________JB _____   Project No. _180001____________
 Advertised: ____Not Required _X___
 Dates: __________________________      Deputy C.M. ___________________     WF No. _     583520___________
 Attorney Review :   Yes___ No ____     Submitted by:
                                        City Manager ___________________    Budget ____$597,450__________
 _________________________________
 Revised 6/10/04                                                            Available ____$597,450_________
                            RESOLUTION NO._______________

           A RESOLUTION OF THE CITY COMMISSION OF THE CITY
           OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND
           CITY CLERK TO AUTHORIZE EXECUTION OF AMENDMENT
           NUMBER 1 TO THE LOCALLY FUNDED AGREEMENT WITH
           THE FLORIDA DEPARTMENT OF TRANSPORTATION TO
           REPLACE STANDARD TRAFFIC SIGNAL POLES WITH STEEL
           MAST ARMS - US HWY. 441 & US HWY 27; AND PROVIDING AN
           EFFECTIVE DATE.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

           THAT the Mayor and City Clerk are hereby authorized to execute a Supplemental
   Amendment Number 1 to the Locally Funded Agreement with the Florida Department of
   Transportation, whose address is 719 Woodland Boulevard, DeLand, Florida, 32720, to
   replace standard strain traffic signal poles with steel mast arms – US Hwy. 441 and US Hwy.
   27.

           THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the 28th day of September 2009



                                                   __________________________
                                                    Mayor

   ATTEST:


   __________________________
   City Clerk


09/28/09
                                             4.C.5.
                                       AGENDA MEMORANDUM


Meeting Date:               September 28, 2009

From:                       Chief William Chrisman

Subject:                    Resolution authorizing the Leesburg Police Department to purchase two
                            narcotics detecting dogs at a not to exceed total price of $6,000.00.



Staff Recommendation:
Staff recommends approval of purchase of two narcotics detecting dogs for a total sum not to
exceed $6,000.00.

Analysis:
The Commission approved the sale of K9 “Eddy” to the Eustis Police Department for a total of
$6,000.00 November 24, 2008. K9 “Hutch” was retired for health reasons. The monies from the
sale of K9 “Eddy” were earmarked for the purchase of new K9 dogs. The Leesburg Police
Department is currently in need of two K9 dogs to replace “Eddy” and “Hutch”.

Options:
1. Approve the purchase of two narcotics detecting dogs.
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
Leesburg Police Department Forfeiture Funds of $6,000.00 will be used for the purchase.


Submission Date and Time:              12/28/2011 10:13 AM____

 Department: ______________________     Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
                           RESOLUTION NO._______________

           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 NOT TO EXCEED
           $6,000.00; AND PROVIDING AN EFFECTIVE DATE.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

           THAT the Chief of Police, William Chrisman is hereby authorized to purchase two
   narcotics detecting dogs to replace two K-9 dogs, Hutch and Eddy.      The Commission
   approved the sale of Eddy to the Eustis Police Department November 24, 2008.

           THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the _28th____ day of __September _______ 2009.



                                                 __________________________
                                                  Mayor

   ATTEST:


   __________________________
   City Clerk


09/28/09
4.C.6.
                                          AGENDA MEMORANDUM


Meeting Date:               September 28, 2009

From:                       Paul Kalv, Electric Director

Subject:                    Resolution applying for and accepting grant funding from WorkForce
                            Central Florida, Inc.

Staff Recommendation:
Staff recommends approval to apply for and accept grant funding from WorkForce Central Florida,
Inc. If funds are awarded, WorkForce Central Florida will reimburse the City of Leesburg Electric
Department 50% of the cost for tuition and books for five Apprentice Linemen enrolled in the
Electrical Distribution Technology Program at Lake Sumter Community College.

Analysis:
In an effort to increase skills and educate our workforce, a grant from WorkForce Central Florida is
a solution to stretching education dollars. The grant will allow the training of five Apprentice
Linemen. The employees must sign an agreement with the City of Leesburg agreeing to successfully
complete the 4-year/8,000 hours of training and remain employed by the City of Leesburg during
the term of their apprenticeship and for a minimum of four years after completion of the
apprenticeship.

Options:
1. Approval to apply for and accept funding, if approved from WorkForce Central Florida, Inc.; or,
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
The Electric Department intends to enroll five Apprentice Linemen to the training program. Total
cost of training $20,000 which, if the grant is awarded WorkForce Central Florida will reimburse
50% of the cost (reimbursement of $10,000).

Submission Date and Time:                 12/28/2011 10:13 AM____
 Department: _Electric_________________    Reviewed by: Dept. Head _Paul Kalv_   Account No. _041-0000-369-0600__
 Prepared by: _Sabrina Hubbell_________
 Attachments:      Yes_X__ No ______       Finance Dept. ________JB________      Project No. ___________________
 Advertised: ____Not Required _X____
 Dates: __________________________         Deputy C.M. ___________________       WF No. ______________________
 Attorney Review :    Yes___ No _X__       Submitted by:
                                           City Manager ___________________      Budget ______________________
 _________________________________
 Revised 6/10/04                                                                 Available _____________________
                            RESOLUTION NO._______________

           A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
           LEESBURG, FLORIDA, APPLYING FOR AND ACCEPTING
           GRANT FUNDING, IF AWARDED, FROM WORKFORCE
           CENTRAL    FLORIDA,  INC.  FOR   THE   ELECTRICAL
           DISTRIBUTION TECHNOLOGY PROGRAM THROUGH LAKE
           SUMTER COMMUNITY COLLEGE; AND PROVIDING AN
           EFFECTIVE DATE.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

          THAT the Mayor and City Clerk are hereby authorized to execute an agreement
   with WorkForce Central Florida, Inc. whose address is 707 Mendham Blvd, Suite 250,
   Orlando, Florida 32825 for matching funds grant for the Electric Department’s Apprentice
   Lineman Educational Program. .

            THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the _28th____ day of _September________ 2009.



                                                  __________________________
                                                   Mayor

   ATTEST:


   __________________________
   City Clerk


09/28/09
                                        4.C.7.
                                AGENDA MEMORANDUM


Meeting Date:           September 28, 2009

From:                   Charlie Weller, Airport Manager

Subject:                Resolution approving Supplemental Joint Participation Agreement Number 1
                        with the Florida Department of Transportation for the taxiway and runway
                        lighting project at Leesburg International Airport



Staff Recommendation:
Staff recommends approval of the Supplemental Joint Participation Agreement Number 1 with the
Florida Department of Transportation for the taxiway and runway lighting project at Leesburg
International Airport.

Analysis:
A Joint Participation Agreement in the amount of $400,000 for runway and taxiway lighting and
signage rehabilitation was fully executed in December 2007. This project included replacing
outdated lighting on Runway 3/21, Taxiway B and Taxiway J. Electric Services, Inc. was selected as
the contractor for this project in January, 2009. Their total contract amount including contingency
funds was $366,525.00.

The project scope included replacing existing two-bar PAPI’s with four-bar PAPI’s to offer pilots
greater precision in maintaining a 3-degree glide slope while landing during inclement weather.
Additionally, the existing two-bar PAPI’s are approximately fifteen years old and it is difficult to find
replacement parts when there is a failure. During this process, staff discovered that the electrical
feed to the existing PAPI’s was not encased in conduit nor were there junction boxes spaced at
intervals on the wiring to assist with troubleshooting. Staff determined that as a preventive measure,
the wiring from the electrical vault to the new four-bar PAPI’s should be placed in conduit and
fiberglass junction boxes should be installed. Placing the wiring in conduit will result in less
disruption to service and result in lower maintenance costs. This work will require approximately
5,100 feet of trenching and conduit that was not included in the original contract with Electric
Services, Inc.

The cost for this additional work is $29,940.00. The balance available on the original JPA is only
$7,239.85. As a result, supplemental funding from FDOT was requested in the amount $23,000.
The attached agreement provides that additional funding. A breakdown of the overall project costs
is as follows:
                                                                           Change
                                    JPA            Actual      Original                                Change        Balance
                                                                           Order 1
                                  Funding        Engineering Construction   (within
                                                                                                      Order 2        of Grant
    Funding Source                Amounts          Costs      Contract    contingency                 (PAPI’s)        Funds
                                                                                       amount)
FDOT– 80%                        $320,000.00     $26,780.00        $252,481.74       $34,946.40      $ 5,791.86      0.00
City– 20%                        $ 80,000.00     $ 6,695.00        $ 63,120.44       $ 8,736.60      $ 1,447.96      0.00
FDOT Supplement 1                $ 18,400.00                                                         $18,160.14      $239.86
City Match Supplement 1          $ 4,600.00                                                          $ 4,540.04      $ 59.96
Total                            $423,000.00     $33,475.00        $315,602.18       $43,683.00      $29,940.00      $299.82

Options:
1. Approve Supplemental Joint Participation Agreement Number 1 with FDOT for the additional
   costs of Change Order 2 with Electric Services, Inc.; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:

A budget amendment will be processed to recognize the additional grant funding for this project.
The City’s match will be paid from Local Option Sales Tax funding.


Submission Date and Time:                 12/28/2011 10:13 AM____

 Department: __Airport_______________      Reviewed by: Dept. Head ________      Account No. _031-0000-334-4200__
 Prepared by: __Charlie Weller_________
 Attachments:      Yes __X__ No ______     Finance Dept. __________JB______      Project No. __300005___________
 Advertised: ____Not Required ___X___
 Dates: __________________________         Deputy C.M. ___________________       WF No. _____425467/1___________
 Attorney Review :    Yes___ No ____       Submitted by:
                                           City Manager ___________________      Budget ______$400,000__________
 _________________________________
 Revised 6/10/04                                                                 Available ______$7,240___________
                            RESOLUTION NO._______________

           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.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

          THAT the Mayor and City Clerk are hereby authorized to execute Supplemental
   Joint Participation Agreement Number 1 with the State of Florida Department of
   Transportation, whose address is Special Projects Section – MS 4-549, 719 South Woodland
   Boulevard, Deland, Florida 32720, for funding for the taxiway and runway lighting project at
   Leesburg International Airport.

           THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the 28th day of September, 2009.



                                                   __________________________
                                                    Mayor

   ATTEST:


   __________________________
   City Clerk


09/28/09
                                                4.C.8.
                                          AGENDA MEMORANDUM


Meeting Date:                September 28, 2009

From:                        Darel W. Craine, Deputy Director, Environmental Services

Subject:                     Resolution authorizing an agreement for underground pipeline right-of-way
                             utilization with Progress Energy Florida, Inc.



Staff Recommendation:
Staff recommends approval of the agreement with Progress Energy Florida, Inc. for underground
pipeline right-of-way utilization.

Analysis:
This agreement will permit the City of Leesburg to construct, operate and maintain a reclaimed
water line and sewer force main within easements held by Progress Energy Florida, Inc. The area
covered by this agreement extends from County Road 33 east to the City’s wastewater treatment
facility at Plantation of Leesburg. These underground pipelines are critical to our ability to provide
reclaimed water to the City’s southern service area through our Turnpike Wastewater Treatment
Facility.

Options:
1. Approve the resolution authorizing an agreement with Progress Energy Florida, Inc., or
2. Such alternative action as the Commission may deem appropriate.

Fiscal Impact:
There will be no costs incurred by the City to execute this agreement.

Submission Date and Time:                 12/28/2011 10:13 AM____

 Department: _Environmental Services___    Reviewed by: Dept. Head ________   Account No. ____n/a___________
 Prepared by: _Darel W. Craine_____
 Attachments:      Yes__x__ No ______      Finance Dept. ____________JB____   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________         Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes_x__ No ____      Submitted by:
                                           City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                              Available _____________________
                           RESOLUTION NO._______________

           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.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

            THAT the Mayor and City Clerk are hereby authorized to execute an agreement
   with Florida Power Corporation, A Florida corporation, d/b/a Progress Energy Florida,
   Inc., whose address is 3300 Exchange Place, Lake Mary, Florida 32746, for right-of-way
   utilization.

           THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the _28th____ day of _September____ 2009.



                                                 __________________________
                                                  Mayor

   ATTEST:


   __________________________
   City Clerk


09/28/09
                                        4.C.9.
                                AGENDA MEMORANDUM


Meeting Date:           September 28, 2009

From:                   Charlie Weller, Airport Manager

Subject:                Resolution approving Change Order 2 with Electric Services, Inc. for the
                        runway and taxiway lighting project at Leesburg International Airport



Staff Recommendation:
Staff recommends approval of Change Order 2 to the contract with Electric Services, Inc. for the
runway and taxiway lighting project at Leesburg International Airport.

Analysis:
Electric Services was selected as the contractor for the airport runway and taxiway lighting project in
January, 2009. This project includes replacing outdated lighting on Runway 3/21, Taxiway B and
Taxiway J. The original contract amount including contingency funds was $366,525.00.

Part of this project includes replacing existing two-bar PAPI’s with four-bar PAPI’s to offer pilots
greater precision in maintaining a 3-degree glide slope while landing during inclement weather.
Additionally, the existing two-bar PAPI’s are approximately fifteen years old and it is difficult to find
replacement parts when there is a failure. During this process, staff discovered that the electrical
feed to the existing PAPI’s was not encased in conduit nor were there junction boxes spaced at
intervals on the wiring to assist with troubleshooting. Staff determined that as a preventive measure,
the wiring from the electrical vault to the new four-bar PAPI’s should be placed in conduit and
fiberglass junction boxes should be installed. Placing the wiring in conduit will result in less
disruption to service and result in lower maintenance costs. This work will require approximately
5,100 feet of trenching and conduit that was not included in the original contract with Electric
Services, Inc.

The cost for this additional work is $29,940.00. Change Order 2 from Electric Services is attached
showing the breakdown of these charges. The balance available on the original JPA is only
$7,239.85. As a result, supplemental funding from FDOT was requested in the amount $23,000.
The supplemental JPA for that funding is on this same agenda for approval by the City Commission.

A breakdown of the overall project costs is as follows:
                                                                                                                      Balance
                                                                                         Change
                                     JPA            Actual      Original                                   Change       of
                                                                                         Order 1
                                   Funding        Engineering Construction               (within          Order 2      Grant
    Funding Source                 Amounts          Costs      Contract                contingency        (PAPI’s)    Funds
                                                                                      fund amount)
FDOT– 80%                         $320,000.00     $26,780.00        $252,481.74       $34,946.40         $ 5,791.86   0.00
City– 20%                         $ 80,000.00     $ 6,695.00        $ 63,120.44       $ 8,736.60         $ 1,447.96   0.00
FDOT Supplement 1                 $ 18,400.00                                                            $18,160.14   $239.86
City Match Supplement 1           $ 4,600.00                                                             $ 4,540.04   $ 59.96
Total                             $423,000.00     $33,475.00        $315,602.18       $43,683.00         $29,940.00   $299.82


Options:
1. Approve Changer Order 2 with Electric Services, Inc.; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
A budget amendment will be processed for this expense. The City’s match portion will be paid
from Local Option Sales Tax funding.



Submission Date and Time:                  12/28/2011 10:13 AM____

 Department: ___Airport_____________        Reviewed by: Dept. Head ________      Account No. _031-1821-542-6310_
 Prepared by: ___Charlie Weller_________
 Attachments:      Yes __X__ No ____        Finance Dept. ____________JB____      Project No. __300005___________
 Advertised: ____Not Required __X____
 Dates: __________________________          Deputy C.M. ___________________       WF No. _____425467/1___________
 Attorney Review :    Yes___ No ____        Submitted by:
                                            City Manager ___________________      Budget _____$400,000___________
 _________________________________
 Revised 6/10/04                                                                  Available ____$7,240_____________
                           RESOLUTION NO._______________

           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.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

           THAT the Mayor and City Clerk are hereby authorized to execute Change Order
   No. 2 to an agreement with Electric Services, Inc. whose address 1746 US Hwy. 441,
   Leesburg, Florida 34748 related to the taxiway and runway lighting project at Leesburg
   International Airport.

           THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the 28th day of September, 2009.



                                                 __________________________
                                                  Mayor

   ATTEST:


   __________________________
   City Clerk


09/28/09
                                 4.C.10.

                              AGENDA MEMORANDUM

Meeting Date:         September 28, 2009

From:                 Jakki Cunningham Perry

Subject:              Resolution amending the agreement with the ICMA Retirement Corporation
                      for an Amendment to the 401 Governmental Money Purchase Plan & Trust



Staff Recommendation:
Staff recommends approving the attached resolution amending the agreement with ICMA
Retirement Corporation.

Analysis:
Continuously decreasing revenue streams have significantly impacted the City’s ability to continue
many of the benefits and services that have been made available in the past.
The City proposes to reduce the contribution from six percent (6%) to two percent (2%) into the
401 Governmental Money Purchase Plan & Trust for Management Employees, Public Safety
Employees (Police Department positions not covered by PBA) and the General Employees. To do
this, a Resolution must be adopted amending the Plan accordingly.
Options:
1. Approve the Resolution reducing the contribution from six percent (6%) to two percent (2%)
into the 401 Governmental Money Purchase Plan & Trust for Management Employees, Public
Safety Employees (Police Department positions not covered by PBA) and the General Employees;
or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:

A savings of $724,422 by reducing the 6% ICMA 401(a) contribution for participating employees to
2%, (subject to collective bargaining for police).

Submission Date and Time:         12/28/2011 10:13 AM____
   Department:    Human Resources__      Reviewed by: Dept. Head ________   Account No. _________________
   Prepared by: Jakki Perry, HR Dir
   Attachments:           Yes____ No     Finance Dept. __________________   Project No. ___________________
   ______
   Advertised: ____Not Required ______   Deputy C.M. __________ ________    WF No. ______________________
   Dates: _________________________
                                         Submitted by:                      Budget ______________________
   Attorney Review : Yes___ No ____      City Manager ___________________
   _______________________________                                          Available _____________________
   Revised 6/10/04
                        RESOLUTION NO._______________

     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
     REDUCING THE CITY'S CONTRIBUTION TO THE 401 (a)
     PLAN FROM SIX PERCENT(6%) TO TWO PERCENT (2%);
     AND PROVIDING AND EFFECTIVE DATE.


BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
FLORIDA:

        THAT, the Employer has established a money purchase retirement plan (the
Plan) in the form of:

       The ICMA Retirement Corporation 401 Governmental Money Purchase
       Plan & Trust.

       THAT, the Employer wishes to modify the existing money purchase retirement
plan by changing the defined contribution from six percent (6%) to two (2%) for
Management Employees, Public Safety Employees (Police Department positions not
covered by PBA) and the General Employees and;

       THAT, the Mayor and City Clerk are hereby authorized to sign an agreement
between the City of Leesburg, Florida, and ICMA Retirement Corporation, Whose
address is 777 North Capitol Street NE, Washington, DC 20002-4240, for a 401
Governmental Money Purchase Plan & Trust.

       THAT this resolution shall become effective October 1, 2009.


PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
regular meeting held the 28 day of September , 2009.



                                              __________________________
                                               Mayor

ATTEST:


__________________________
City Clerk
09/28/09
                                  4.C.11.
                               AGENDA MEMORANDUM


Meeting Date:          September 28, 2009

From:                  Mike Thornton, Purchasing Manager

Subject:               Resolution authorizing execution of an agreement with Jones Edmunds &
                       Associates for landfill monitoring services.



Staff Recommendation:
Staff recommends approval of an agreement with Jones Edmunds & Associates, Inc. to provide
municipal landfill compliance gas and groundwater monitoring for fiscal year 2010 for $51,440.00.

Analysis:
Jones Edmunds & Associates, Inc. has been the engineering firm used by the City to perform
compliance and monitoring services for the City of Leesburg Municipal Landfill and the Closed
Landfill. The Florida Department of Environmental Protection (FDEP) requires the City to
perform this compliance monitoring, and as a result this is an ongoing annual cost to the City.

The scope of work is to perform compliance monitoring services for the City Municipal Landfill for
October 1, 2009 through September 30, 2010. Compliance monitoring will be performed according
to the requirements of the FDEP Permit No. SF25-0124377-01, and the requirements of the revised
Monitoring Plan Implementation Schedule (MPIS) (revised July 6, 2009).

The scope of work also includes sampling of monitoring well I-2 at the “old dump” site west of the
closed landfill, performed concurrently with the quarterly evaluation monitoring.

Staff request approval of this 1-year agreement for the 2010 Fiscal Year. According to DEP
guidelines, this service will be required on a long-term basis. The Purchasing Division will issue a
request for proposal to establish a long-term agreement for fiscal years 2011 through 2015. The new
agreement will provide for an initial five-year term with an option for an additional 5-years
extension. As with all City contracts, there will be a termination clause allowing the City to
terminate the agreement should it be necessary.

Options:
1. Approve execution of an agreement with Jones Edmunds & Associates, Inc.; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
Funds are budgeted in the Fiscal Year 2010 budget in the account number listed.
Submission Date and Time:                   12/28/2011 10:13 AM____

 Department: _Public Works / Solid Waste_    Reviewed by: Dept. Head ________   Account No. 046-5142-534-3130___
 Prepared by: _Dawn Hoblin__________
 Attachments:      Yes_X __ No ______        Finance Dept. ___________JB_____   Project No. ___________________
 Advertised: ____Not Required __X___
 Dates: __________________________           Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____         Submitted by:
                                             City Manager ___________________   Budget ___ $68,470.00__________
 _________________________________
 Revised 6/10/04                                                                Available ___$68,470.00__________
                           RESOLUTION NO._______________

           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 CITY OF
           LEESBURG MUNICIPAL LANDFILL COMPLIANCE GAS
           AND    GROUNDWATER       MONITORING;    AND
           PROVIDING AN EFFECTIVE DATE.

   BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
   FLORIDA:

           THAT the Mayor and City Clerk are hereby authorized to execute an agreement
   with Jones Edmunds & Associates, Inc,, whose address is 730 NE Waldo Road, Gainesville,
   Florida, 32601, for Municipal Landfill Compliance Gas and Groundwater Monitoring
   through September 30, 2010.

           THAT this resolution shall become effective immediately.

   PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
   regular meeting held the 28th day of September 2009



                                                 __________________________
                                                  Mayor

   ATTEST:


   __________________________
   City Clerk

09/28/09
                                       5A.
                                AGENDA MEMORANDUM

Meeting Date:           September 28, 2009

From:                   Jay Evans, City Manager
                        Jerry Boop, Finance Director
                        Brandy McDaniel, Budget Manager

Subject:                Public Hearing for FY 2009-10 Millage Rate and Budget



This Public Hearing is being held pursuant to the provisions of Section 200.065(2)(c), Florida
Statutes, and is the second of two public hearings required to be held prior to the adoption of the
fiscal year 2009-10 millage rate and budget.

                                                                                    PROPOSED
                                                                                  FISCAL YEAR
           FUND                                                                2009-10 BUDGET
           General Fund:                                                              $24,067,056

           Special Revenue Funds:
             Stormwater Utility Fund                                                     2,350,336
             Greater Leesburg CRA Fund                                                     579,173
             Carver Heights CRA Fund                                                       292,051
             US Hwy 441 CRA Fund                                                           966,367
             Police Impact Fees Fund                                                         4,790
             Police Forfeiture Fund                                                         75,700
             Police Education Receipts Fund                                                 10,350
             Building Permits Fund                                                         447,100
             Discretionary Sales Tax Fund                                                1,500,000

           Debt Service Fund:                                                            1,621,521

           Capital Projects Fund:                                                        2,260,790
                                                                                               PROPOSED
                                                                                             FISCAL YEAR
                                                                                          2009-10 BUDGET

            FUND
          Enterprise Funds:
            Electric Utility Fund                                                                    70,379,738
            Gas Utility Fund                                                                          8,520,985
            Water Utility Fund                                                                        9,560,083
            Wastewater Utility Fund                                                                   9,968,873
            Communications Utility Fund                                                               1,307,870
            Solid Waste Utility Fund                                                                  3,699,000
            Kristen Street Fund                                                                         240,400

          Internal Service Funds:
             Health Insurance Fund                                                                    4,133,000
             Workers’ Compensation Insurance Fund                                                       625,321

          Pension Trust Funds:
            Municipal Police Retirement Trust Fund                                                      808,714
            Municipal Firemen’s Retirement Trust Fund                                                 1,343,083
            General Employees’ Retirement Fund                                                        2,500,000

             TOTAL – ALL FUNDS                                                                    $147,262,301



Submission Date and Time:               12/28/2011 10:13 AM____

 Department: ______Finance___________    Reviewed by: Dept. Head __JB____   Account No. _________________
 Prepared by: _____Brandy McDaniel___
 Attachments:      Yes____ No ______     Finance Dept. ___________JB_____   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________       Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____     Submitted by:
                                         City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                            Available _____________________




   09/28/09
5.A.4.
                              RESOLUTION NO. __________

          A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
         LEESBURG, FLORIDA FINALLY ADOPTING 4.3179 MILLS AS THE
         FISCAL YEAR 2009-10 MILLAGE RATE FOR THE CITY OF
         LEESBURG, FLORIDA, REPRESENTING THE CURRENT YEAR
         PROPOSED AGGREGATE MILLAGE RATE OF 4.3179 MILLS WHICH
         IS 8.63% LESS THAN THE CURRENT YEAR ROLLED BACK RATE OF
         4.7260; AND PROVIDING AN EFFECTIVE DATE.

        WHEREAS, discussions were held during the regular commission meeting of July 27,
2009 regarding the adoption of the Current Year Proposed Aggregate Millage Rate of 4.3179
mills which remains unchanged from the previous fiscal year and is 8.63% lower than the rolled
back rate of 4.726 mills, and

       WHEREAS, the Commission approved the Current Year Proposed Aggregate Millage
Rate of 4.3179 mills and authorized the City Manager to execute and submit the Certificate of
Taxable Value for Fiscal Year 2009-10 to the Lake County Property Appraiser at its regular
meeting Monday July 27, 2009, and

       WHEREAS, a tentative budget for Fiscal Year 2009-10 was presented to the City
Commission of the City of Leesburg, Florida during workshops held July 20th, 23rd, 28th, 30th,
and August 3rd , and 6th, 2009, and

       WHEREAS, following a review of the tentative budget as submitted, the City of
Leesburg, Florida, determined that a millage rate of 4.3179 mills is necessary to produce the
budgetary revenue to fund budgetary operating expenditures during Fiscal Year 2009-10, and

       WHEREAS, a Fiscal Year 2009-10 millage rate of 4.3179 mills represents the Current
Year Proposed Aggregate Millage Rate

          NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Leesburg, Florida, that the tentative millage rate for the City of Leesburg, Florida, is hereby
adopted at the rate of 4.3179 mills ($4.3179 per every $1,000 of taxable valuation) for the 2009
tax roll, which represents the Current Year Proposed Aggregate Millage Rate.

        PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at
a regular meeting held on the 28th day of September, 2009.

                                            __________________________________________
                                            Mayor
ATTEST:

_____________________________________
 City Clerk
    09/28/09
5.A.5.


                         ORDINANCE NO. _____________
            AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
            LEESBURG, FLORIDA, ADOPTING THE FISCAL YEAR 2009-10
            BUDGET FOR THE CITY OF LEESBURG, FLORIDA; AND
            PROVIDING AN EFFECTIVE DATE.
        WHEREAS, the City Commission of the City of Leesburg, Florida, has held several budget
 work sessions for the purpose of reviewing, and, where appropriate, revising the Fiscal Year 2009-10
 Budget, and
         WHEREAS, the provisions of Section 200.065(2)(c), Florida Statutes, commonly known as the
 Truth in Millage or TRIM Bill, require that the City Commission hold a public hearing and adopt a
 tentative budget and millage rate for Fiscal Year 2009-10; and,
         WHEREAS, the City Commission has tentatively adopted a budget which they feel is in the
 best interests of the citizens of the City of Leesburg, and desires by means of this ordinance to finally
 adopt said budget for Fiscal Year 2009-10;



 NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
 LEESBURG, FLORIDA:
 SECTION I.
 Pursuant to Section 200.065, Florida Statutes, and all other applicable laws, the following amounts for
 use by the various funds during Fiscal Year 2009-10 as reflected below, including all modifications or
 amendments made during this meeting, are hereby adopted as the budget for Fiscal Year 2009-10 for
 the City of Leesburg, Florida:

     GENERAL FUND
     ESTIMATED REVENUES AND OTHER RECEIPTS
     Current Ad Valorem Taxes
     (Based on an assessed value of $1,426,812,335*4.3179 Mills *
     95%)                                                                             5,887,294
     Other Taxes                                                                      4,658,911
GENERAL FUND
(Continued)
Licenses and Permits                            125,600
Intergovernmental Revenue                     2,665,020
Charges for Services                            853,271
Fines and Forfeits                              159,500
Miscellaneous Revenues                        1,053,724
   Total Estimated Revenues                  15,403,320
Other Financing Sources:
   Transfers from other Funds                 8,663,736
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                     24,067,056


PROPOSED APPROPRIATIONS
General Government                              954,626
Public Safety                                13,319,234
Physical Environment                            109,082
Transportation                                2,479,496
Economic Environment                            263,787
Human Services                                   20,000
Culture/Recreation                            4,394,865
Other Uses                                      405,125
Non Expenditures:
   Reserves- Contributions to Fund Balance      536,461
   Transfers to other Funds                   1,584,380
TOTAL PROPOSED APPROPRIATIONS                24,067,056




STORMWATER FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Intergovernmental Revenue                       162,500
Charges for Services                          1,535,000
Miscellaneous Revenues                            6,000
   Total Estimated Revenues                   1,703,500
Other Financing Sources:
   Fund Balance Appropriated                   646,836
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS
                                              2,350,336
PROPOSED APPROPRIATIONS
Physical Environment                         2,350,336
TOTAL PROPOSED APPROPRIATIONS                2,350,336

GREATER LEESBURG COMMUNITY REDEVELOPMENT AGENCY

ESTIMATED REVENUES AND OTHER RECEIPTS
Intergovernmental Revenue                     326,522
  Total Estimated Revenues                    326,522
Other Financing Sources:
   Transfers from other Funds                 252,651
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                      579,173
GREATER LEESBURG COMMUNITY REDEVELOPMENT AGENCY (Continued)

PROPOSED APPROPRIATIONS
Economic Environment                             351,205
Non Expenditures:
  Debt Service                                    24,047
  Reserves- Contributions to Fund Balance        203,921
TOTAL PROPOSED APPROPRIATIONS                    579,173

CARVER HEIGHTS COMMUNITY REDEVELOPMENT AGENCY

ESTIMATED REVENUES AND OTHER RECEIPTS
Intergovernmental Revenue                        167,576
   Total Estimated Revenues                      167,576
Other Financing Sources:
   Transfers from other Funds                    124,475
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                         292,051

PROPOSED APPROPRIATIONS
Economic Environment                              33,136
Non Expenditures:
  Debt Service                                   203,270
  Transfers to other Funds                        55,645
TOTAL PROPOSED APPROPRIATIONS                    292,051




US HWY 441/27 COMMUNITY REDEVELOPMENT AGENCY

ESTIMATED REVENUES AND OTHER RECEIPTS
Intergovernmental Revenue                        541,511
   Total Estimated Revenues                      541,511
Other Financing Sources:
   Transfers from other Funds                    424,856
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                         966,367

PROPOSED APPROPRIATIONS
Economic Environment                               3,925
Non Expenditures:
  Debt Service                                914,487
  Reserves- Contributions to Fund Balance      47,955
TOTAL PROPOSED APPROPRIATIONS                 966,367

DEBT SERVICE FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
   Transfers from other Funds                1,621,521
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                     1,621,521
PROPOSED APPROPRIATIONS
Non Expenditures:
  Debt Service                               1,621,521
TOTAL PROPOSED APPROPRIATIONS                1,621,521

CAPITAL PROJECTS FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Other Taxes                                    606,593
Intergovernmental Revenue                    1,314,075
Other Financing Sources:
   Reallocated Debt Proceeds                  300,000
   Transfers from other Funds                  40,122
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                     2,260,790

PROPOSED APPROPRIATIONS
Transportation                               2,260,790
TOTAL PROPOSED APPROPRIATIONS                2,260,790

ELECTRIC FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Charges for Services                        68,368,510
Miscellaneous Revenues                         810,028
Other Sources                                1,201,200
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                    70,379,738

PROPOSED APPROPRIATIONS
Physical Environment                        61,416,821
Non Expenditures:
  Transfers to other Funds                   5,666,667
ELECTRIC FUND (continued)
  Debt Service                                    2,665,884
 Reserves- Contributions to Retained Earnings       630,366
TOTAL PROPOSED APPROPRIATIONS                    70,379,738

GAS FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Charges for Services                              8,021,319
Miscellaneous Revenues                               60,000
Other Sources                                       439,666
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                          8,520,985

PROPOSED APPROPRIATIONS
Physical Environment                              7,124,175
Non Expenditures:
  Transfers to other Funds                          762,044
  Debt Service                                      416,717
  Reserves- Contributions to Retained Earnings      218,049
TOTAL PROPOSED APPROPRIATIONS                     8,520,985
WATER FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Charges for Services                             7,389,123
Miscellaneous Revenues                             165,760
Other Sources                                    2,005,200
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                         9,560,083

PROPOSED
APPROPRIATIONS
Physical Environment                             7,076,515
Non Expenditures:
  Transfers to other Funds                         869,865
  Debt Service                                   1,596,837
  Reserves- Contributions to Retained Earnings      16,866
TOTAL PROPOSED APPROPRIATIONS                    9,560,083

WASTEWATER FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Charges for Services                             9,527,400
Miscellaneous Revenues                              35,000
Other Sources                                      406,473
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                         9,968,873




WASTEWATER FUND (continued)
PROPOSED
APPROPRIATIONS
Physical Environment                             7,258,175
Non Expenditures:
  Transfers to other Funds                         662,070
  Debt Service                                   1,963,705
  Reserves- Contributions to Retained Earnings      84,923
TOTAL PROPOSED APPROPRIATIONS                    9,968,873

COMMUNICATIONS FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Charges for Services                             1,200,870
Miscellaneous Revenue                               12,000
Other Sources                                       95,000
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                         1,307,870

PROPOSED APPROPRIATIONS
Physical Environment                             1,160,051
Non Expenditures:
  Debt Service                                    135,655
 Reserves- Contributions to Retained Earnings       12,164
TOTAL PROPOSED APPROPRIATIONS                    1,307,870




SOLID WASTE FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Charges for Services                             3,684,000
Miscellaneous Revenues                              15,000
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                         3,699,000

PROPOSED APPROPRIATIONS
Physical Environment                             3,311,566
Non Expenditures:
  Reserves- Contributions to Retained Earnings     120,172
  Transfers to other Funds                         267,262
TOTAL PROPOSED APPROPRIATIONS                    3,699,000

POLICE PENSION FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Other Taxes                                       184,093
Miscellaneous Revenues                            624,621
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                          808,714

PROPOSED APPROPRIATIONS
General Government                                707,000
Non Expenditures:
 Reserves- Contributions to Fund Balance   101,714
TOTAL PROPOSED APPROPRIATIONS              808,714
FIRE PENSION FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Other Taxes                                   110,449
Miscellaneous Revenues                      1,232,634
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                    1,343,083

PROPOSED APPROPRIATIONS
General Government                           798,000
Non Expenditures:
 Reserves- Contributions to Fund Balance      545,083
TOTAL PROPOSED APPROPRIATIONS               1,343,083


GENERAL EMPLOYEE'S PENSION FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Miscellaneous Revenues                      2,500,000
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                    2,500,000

PROPOSED APPROPRIATIONS
General Government                          2,500,000
TOTAL PROPOSED APPROPRIATIONS               2,500,000




HEALTH INSURANCE FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Charges for Services                        4,033,000
Miscellaneous Revenues                        100,000
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                    4,133,000

PROPOSED APPROPRIATIONS
General Government                          3,822,000
Non Expenditures:
  Reserves- Contributions to Fund Balance     311,000
TOTAL PROPOSED APPROPRIATIONS               4,133,000
WORKERS' COMPENSATION FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Charges for Services                     615,321
Miscellaneous Revenues                    10,000
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                 625,321

PROPOSED
APPROPRIATIONS
General Government                       625,321
TOTAL PROPOSED APPROPRIATIONS            625,321




DISCRETIONARY SALES TAX FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Other Taxes                             1,500,000
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                1,500,000

PROPOSED APPROPRIATIONS
Non Expenditures:
  Transfers to other Funds              1,500,000
TOTAL PROPOSED APPROPRIATIONS           1,500,000

POLICE IMPACT FEES

ESTIMATED REVENUES AND OTHER RECEIPTS
Other Sources                              4,790
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                   4,790

PROPOSED APPROPRIATIONS
Public Safety                              4,790
TOTAL PROPOSED APPROPRIATIONS              4,790
BUILDING PERMITS FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Licenses & Permits                         430,000
Intergovernmental Revenue                    8,000
Other Sources                                9,100
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                   447,100

PROPOSED APPROPRIATIONS
Public Safety                              403,162
Non Expenditures:
 Reserves- Contributions to Fund Balance    43,938
TOTAL PROPOSED APPROPRIATIONS              447,100

POLICE FORFEITURE FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Fund Balance Appropriated                   75,700
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                    75,700

PROPOSED APPROPRIATIONS
Public Safety                               75,700
TOTAL PROPOSED APPROPRIATIONS               75,700




POLICE EDUCATION RECEIPTS FUND

ESTIMATED REVENUES AND OTHER RECEIPTS
Fund Balance Appropriated                   10,350
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                    10,350

PROPOSED APPROPRIATIONS
Public Safety                              10,350
TOTAL PROPOSED APPROPRIATIONS              10,350

KRISTEN STREET FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
 Transfers from other Funds                240,400
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                   240,400

PROPOSED APPROPRIATIONS
Economic Environment                        52,000
Non Expenditures:
  Debt Service                             188,400
                                           240,400




ALL FUNDS

ESTIMATED REVENUES AND OTHER RECEIPTS
Ad Valorem Taxes                          5,887,294
Other Taxes                               7,060,046
Licenses and Permits                        555,600
Intergovernmental Revenue                 5,185,204
Charges for Services                    105,227,814
Fines and Forfeits                          159,500
Miscellaneous Revenues                    6,624,767
Other Sources                             4,161,429
   Total Estimated Revenues             134,861,654
Other Financing Sources:
   Reallocated Debt Proceeds                300,000
   Fund Balance Appropriated                732,886
   Transfers from other Funds            11,367,761
TOTAL ESTIMATED REVENUES AND OTHER
RECEIPTS                                147,262,301
 PROPOSED APPROPRIATIONS
 General Government                                             9,406,947
 Public Safety                                                 13,813,236
 Physical Environment                                          89,806,721
 Transportation                                                 4,740,286
 Economic Environment                                             704,053
 Human Services                                                    20,000
 Culture/Recreation                                             4,394,865
 Other Uses                                                       405,125
 Non Expenditures:
    Transfers to other Funds                                   11,367,933
    Debt Service                                                9,730,523
    Reserves- Contributions to Fund Balance                     1,790,072
    Reserves- Contributions to Retained Earnings                1,082,540
 TOTAL PROPOSED APPROPRIATIONS                                147,262,301
 SECTION II.
    This ordinance shall become effective October 1, 2009.
     PASSED AND ADOPTED at a regular meeting of the City Commission of the City of
 Leesburg, Florida held the _28th_____ day of September 2009.

                                             Mayor
 ATTEST:

 City Clerk




09/28/09
                             5B. AGENDA MEMORANDUM



MEETING DATE: September 28, 2009

FROM:                  Bill Wiley, AICP, Community Development Director

SUBJECT:               Ordinance for rezoning for Diamond C Transport, Inc/ Judith Bjorn, from
                       City M-1 (Industrial) to City SPUD (Small Planned Unit Development)

PROJECT:               A trucking company with a diesel truck repair shop



Staff Recommendation:
The Planning staff and Planning Commission recommend approval of the proposed rezoning for
the subject property from City M-1 (Industrial) to City SPUD (Small Planned Unit Development).

Analysis:
The project site is approximately four acres. The property is generally located on the south side of
W. Main Street, just west of S. Nursery Road as shown on the attached General Location Map. The
present zoning for this property is City M-1 (Industrial). The current use of the property is a
trucking company. The proposed use is a trucking company with a diesel truck repair shop. The
surrounding zoning designations are County C-1 (Neighborhood Commercial), County R-6 (Urban
Residential District), and City M-1 (Industrial) & City R-1 (Low Density Residential). The
surrounding Future Land Use Map designation is Low Density. The existing Land Use designation
for the subject property is City General Commercial.

The proposed zoning district of City SPUD (Small Planned Unit Development) is compatible with
the adjacent and nearby properties in the area and with the existing future land use designation of
City General Commercial.

The existing land uses surrounding the property are single family residential, commercial/industrial,
retention pond and undeveloped property.

Development of the property requires City utilities.

By a vote of 7 to 0 on July 23, 2009, the Planning Commission voted to recommend approval.

Options:
      1.       Approve the proposed rezoning to City SPUD (Small Planned Unit Development)
               thereby allowing consistent zoning and development standards for this area.
       2.      Other such action as the Commission may deem appropriate.
Fiscal Impact:
There is a positive fiscal impact to the City through the development of this vacant site.

Submission Date and Time:               12/28/11 10:13 AM____

 Department: Community Development       Reviewed by: Dept. Head __BW_____   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments:      Yes__X_ No ______     Finance Dept. __________________    Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________       Deputy C.M. ___________________     WF No. ______________________
 Attorney Review :     Yes_X_ No ____    Submitted by:
                                         City Manager ___________________    Budget ______________________
 _________________________________
 Revised 6/10/04                                                             Available _____________________
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY FOUR ACRES GENERALLY LOCATED
       ON THE SOUTH SIDE OF W. MAIN STREET, JUST WEST OF S.
       NURSERY ROAD, LYING IN SECTION 28, TOWNSHIP 19 SOUTH,
       RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY M-1
       (INDUSTRIAL) TO CITY SPUD (SMALL PLANNED UNIT
       DEVELOPMENT) SUBJECT TO CONDITIONS CONTAINED IN
       EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

        Based upon the petition of Diamond C Transport, Inc/ Judith Bjorn, the petitioner of the
property hereinafter described, which petition has heretofore been approved by the City
Commission of the City of Leesburg Florida, pursuant to the provisions of the Laws of Florida, the
said property located in Lake County, Florida, is hereby rezoned from City M-1 (Industrial) to City
SPUD (Small Planned Unit Development) zoning district subject to conditions contained in Exhibit
A, to-wit:

                               (See Exhibit B for Legal Description)

       Alternate Key Number: 1349290


Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2009.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:
___________________________________
      City Clerk
CASE #:026-1-072309                                                                 EXHIBIT A

                          DIAMOND C TRANSPORT
           REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)
                    PLANNED DEVELOPMENT CONDITIONS
                               JULY 23, 2009

These Planned Development Conditions for a SPUD (Small Planned Unit Development) District are
granted by the City of Leesburg Planning Commission, Lake County, Florida to Diamond C
Transport, Inc./ Judith Bjorn, "Permittee" for the purposes and terms and conditions as set forth
herein pursuant to authority contained in Chapter 25 "Zoning", Section 25-278 "Planned
Development Process" of the City of Leesburg Code of Ordinances, as amended.

BACKGROUND: The "Permittee" has submitted an application requesting a SPUD (Small Planned
Unit Development) zoning district to allow a trucking company with a diesel truck repair shop on an
approximately 4+/- acre site within the City of Leesburg in accordance with their Planned
Development application and supplemental information.

1.    PERMISSION
      Permission is hereby granted to Diamond C Transport to operate, and maintain a SPUD (Small
      Planned Unit Development) development in and on real property in the City of Leesburg. The
      property is generally located on the south side of W. Main Street, just west of S. Nursery
      Road. The property is more particularly described as shown in the attached legal description
      below.

2.    LEGAL DESCRIPTION
      See attached legal Exhibit B

3.    LAND USES
      The above-described property shall be used for SPUD (Small Planned Unit Development) uses
      as limited herein, and pursuant to City of Leesburg development codes and standards.
      A.     Uses
             1)    Uses shall be those listed as permitted uses in this document and shall occupy
                   the approximate area as shown on the Conceptual Plan dated April 27, 2009.

            2)     Permitted Uses shall be as follows:
                   a.    Commercial uses shall be those listed for the SPUD (Small Planned Unit
                         Development) uses in the Land Development Code as a permitted uses
                         including vehicle repairs, service and storage for the approximate area as
                         shown on the Conceptual Plan dated April 27, 2009.

      B.    Uses prohibited shall be as follows:
                  a.    All uses not permitted by the SPUD (Small Planned Unit Development)
                  b.    convenience store with or without gas pumps
                  c.    recreation uses - indoor and outdoor
                  d.    bars and lounges
                  e.    clubs and lodges
                 f.    package stores
                 g.    places of worship
                 h.    educational facilities
                 i.    transient accommodations
                 j.    crematoriums and funeral parlors
                 k.    vehicle sales

     C.    Area
           The Impervious surface coverage for this site shall not exceed eighty (80) percent of the
           gross site area.

     D.    Open Space
           A minimum of twenty (20) percent of the site shall be developed as open space,
           including retention areas, buffer and landscaped areas. Parking areas and vehicle access
           areas shall not be considered in calculating open space.

4.   SITE ACCESS
     A.   Access to the property is currently from W. Main Street. Any additional access shall be
          subject to the City of Leesburg SPUD amendment and Site Plan Application review
          process.

5.   DEVELOPMENT STANDARDS
     A.  The minimum development standards shall be those required for the SPUD district
         except as amended by these conditions.

     B.    All repairs shall be restricted to the southern half of the property and shall take place
           within an enclosed structure whenever possible.

     C.    No outdoor storage areas shall be permitted except as per Section 25-288, q) Vehicle
           services, b. Services and repairs conducted outside of an enclosed building.

6.   PARKING
     A.  The permittee shall have off-street parking spaces within the property per the conceptual
         site plan, pursuant to the City of Leesburg Code of Ordinances, as amended, which shall
         include the required number of handicapped parking spaces.

7.   WETLANDS
     A.  There are no wetlands on the site.

8.   DRAINAGE AND UTILITIES
     A.  Prior to receiving Final Development Plan Approval, the "Permittee" shall submit, if
         applicable, a Master Site Drainage Plan and Utility Implementation Plan acceptable to the
         City of Leesburg. Prior to removal, renovation or demolition of any existing development
         on the site, the permittee shall provide:
         1)     A detailed site plan demonstrating no direct discharge of stormwater runoff
                generated by the development into any natural surface waters or onto adjacent
                properties.
            2)    A detailed site plan indicating all provisions for electric, water, sewer, and natural
                  gas in accordance with the site plan review process as required by the City of
                  Leesburg Code of Ordinances.

9.    TRANSPORTATION
      A.  Development of the property should not require a traffic study since the site is
          currently developed and the proposed additional use has limited traffic impacts. A
          transportation study waiver may be requested from the MPO exempting the project
          based on the previous use of the property and substantiation of minimum change in
          traffic impacts.

10.   LANDSCAPING AND BUFFER REQUIREMENTS
      A.  All landscaping and buffering shall be in accordance with regulations contained within
          the City of Leesburg Code of Ordinances except as provided under these conditions.
           1)     For each one hundred (100) linear feet, or fraction thereof, of boundary, the
                  following plants shall be provided in accordance with the planting standards and
                  requirements of the City of Leesburg Code of Ordinances, as amended.
                  a. Two (2) canopy trees
                  b. Two (2) ornamental trees
                  c. Thirty (30) shrubs
                  d. The remainder of the buffer area shall be landscaped with grass,
                      groundcover, and/or other landscape treatment.
                  e. Existing vegetation in the required buffer shall be protected during any
                      construction.
      B.    The use of barbed wire shall be permitted along the top of fences for security of the
            property.
      C.    Variations to the landscape requirements of the code may be approved by the
            Community Development Director because of the existing development of the
            property as long as the intent of the SPUD and the Landscaping Code are maintained.

11.   MAINTENANCE
      A.  With the exception of public utilities and sidewalks, maintenance of all site im-
          provements, including but not limited to drives, internal sidewalks, landscaping and
          drainage shall be the responsibility of the owner.

12.   DEVELOPMENT PHASING
      A. The proposed project may be constructed in phases in accordance with the Small
          Planned Unit Development Conditions and Conceptual Plan. Changes to the
          Development Plan, other than those conditions described in this agreement, shall be
          revised in accordance with the Planned Development review process.

      B.    Implementation of the project shall substantially commence within 36 months of
            approval of this Planned Development. In the event, the conditions of the SPUD have
            not been substantially implemented during the required time period, the SPUD shall be
            scheduled with due notice for reconsideration by the Planning Commission at their next
            available regular meeting. The Planning Commission will consider whether to extend the
             SPUD approval or rezone the property to C-3 (Highway Commercial) or another
             appropriate zoning classification less intense than the development permitted by these
             SPUD Conditions

13.   MISCELLANEOUS CONDITIONS
      A. The uses of the proposed project shall only be those uses identified in the approved
          Planned Development Conditions. Any other proposed use must be specifically
          authorized in accordance with the Planned Development amendment process.

      B.     No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove,
             improve, move, convert, or demolish any building structure, or alter the land in any
             manner without first submitting the necessary plans and obtaining appropriate approvals
             in accordance with the City of Leesburg Codes.

      C.     Construction and operation of the proposed use(s) shall at all times comply with City and
             other governmental agencies rules and regulations.

      D.     The transfer of ownership or lease of any or all of the property described in this SPUD
             Agreement shall include in the transfer or lease agreement, a provision that the purchaser
             or lessee is made good and aware of the conditions pertaining to the Planned Unit
             Development established and agrees to be bound by these conditions. The purchaser or
             lessee may request a change from the existing plans and conditions by following the
             procedures as described in the City of Leesburg Land Development Code, as amended.

      E.    These SPUD Conditions shall inure to the benefit of, and shall constitute a covenant
            running with the land and the terms, conditions, and provisions hereof, and shall be
            binding upon the present owner and any successor, and shall be subject to each and
            every condition herein set out.

14.    CONCURRENCY
       As submitted, the proposed zoning change does not appear to result in demands on public
       facilities which would exceed the current capacity of some public facilities, such as, but not
       limited to roads, sewage, water supply, drainage, solid waste, parks and recreation, schools
       and emergency medical facilities. However, no final development order (site plan and building
       permits) shall be granted for a proposed development until there is a finding that all public
       facilities and services required for the development have sufficient capacity at or above the
       adopted level of service (LOS) to accommodate the impacts of the development, or that
       improvements necessary to bring facilities up to their adopted LOS will be in place
       concurrent with the impacts of the development.
      A.       Utilities

             1)   Projected Capacities
                  a.     The City’s utility planning efforts draw upon phasing, capacity and service
                         requirements, based upon information provided by the applicant. The
                         City develops its plans consistent with sound engineering principles,
                         prudent fiscal practices and due regard for regulatory compliance.
                  b.     The development will require construction of new distribution mains,
                         since existing facilities in the service area are not adequate. Should the
                         developer wish to accelerate the construction of such facilities to provide
                         service, the developer will bear the cost of design, permitting and
                  construction. Any such facilities must be constructed in a fashion
                  consistent with the City’s master plans and to the City standards and
                  specifications.
           c.     The City is in the process of Consumptive Use Permit renewal. The
                  application provides for anticipated demands due to this and other
                  potential development

B.   Commitment of Capacity
     There are no previous commitments of any existing or planned excess capacity.

C.   Ability to Provide Services
     1)     The City intends to provide water, wastewater and reclaimed water services
            within its service area for the foreseeable future.
     2)     The City updates its Ten-Year Capital Improvement Plan (CIP) as part of our
            annual budgetary process. Included within the CIP are water, wastewater, and
            reclaimed water improvements necessary to provide service to proposed
            development.
     3)     The City has completed an impact fee study, based in part on the CIP in order to
            assure adequate and appropriate funding for required improvements. The
            combination of master planning and CIP planning has allowed the City to issue
            bonds to fund new potable water facilities and substantial reuse facilities, among
            other infrastructure improvements.
LEGAL DESCRIPTION   EXHIBIT B
  Alternate Key # 1349290




CONCEPTUAL SITE PLAN        EXHIBIT C
09/28/09
                                        5C.
                                AGENDA MEMORANDUM


MEETING DATE: September 28, 2009

FROM:                   Bill Wiley, AICP, Community Development Director

SUBJECT:                Ordinance for rezoning for Karen Hallgren, from City R-2 (Medium Density
                        Residential) to City PUD (Planned Unit Development).



Staff Recommendation:
The Planning staff and Planning Commission recommend approval of the proposed rezoning for
the subject property from City R-2 (Medium Density Residential) to City PUD (Planned Unit
Development).

Analysis:
The project site is approximately 26 acres. The property is generally located south of U.S. Highway
441 on the west side of Sleepy Hallow Road, north of Old Tavares Road as shown on the attached
General Location Map. The present zoning for this property is City R-2 (Medium Density
Residential). Currently, the property is undeveloped and a single family residential home. The
surrounding zoning designations are County R-1 (Rural Residential), County CP (Planned
Commercial District), County C-2 (Community Commercial District), County R-1 (Rural
Residential), City P (Public), City R-3 (High Density Residential) and City R-2 (Medium Density
Residential). The proposed zoning will provide a transition area between commercial uses to the
north along U.S. Highway 441 and the less intense uses of residential uses to the east and south
along Sleepy Hollow Road. There are approximately two acres of buildable area on the eastern
portion of the property which will be restricted to residential, professional and medical offices, and
day care uses. The remaining area in wetlands is prohibited from any development through the PUD
conditions on the subject property.

The proposed zoning district of City PUD (Planned Unit Development) is compatible with the
adjacent and nearby properties in the area and with the existing future land use designation of City
Low Density. The proposed amendment is consistent with the City’s Growth Management Plan and
Future Land Use Element, Goal I, Objective 1.6.

Connection to City utilities will be at the owner’s expense.

By a vote of 4 to 0 on August 20, 2009, the Planning Commission voted to recommend approval.
Options:

        1.        Approve the proposed rezoning to the PUD (Planned Unit Development), thereby
                  allowing consistent zoning and development standards for the area.
        2.        Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.

Submission Date and Time:               12/28/11 10:13 AM____
 Department: Community Development       Reviewed by: Dept. Head __BW_____   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments:      Yes__X_ No ______     Finance Dept. __________________    Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________       Deputy C.M. ___________________     WF No. ______________________
 Attorney Review :     Yes_X_ No ____    Submitted by:
                                         City Manager ___________________    Budget ______________________
 _________________________________
 Revised 6/10/04                                                             Available _____________________
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY TWENTY-SIX ACRES GENERALLY
       LOCATED SOUTH OF U.S. HIGHWAY 441 ON THE WEST SIDE OF
       SLEEPY HALLOW ROAD, NORTH OF OLD TAVARES ROAD, LYING
       IN SECTION 20, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE
       COUNTY, FLORIDA, FROM CITY R-2 (MEDIUM DENSITY
       RESIDENTIAL) TO CITY PUD (PLANNED UNIT DEVELOPMENT)
       SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND
       PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

        Based upon the petition of Karen Hallgren, the petitioner of the property hereinafter
described, which petition has heretofore been approved by the City Commission of the City of
Leesburg Florida, pursuant to the provisions of the Laws of Florida, the said property located in
Lake County, Florida, is hereby rezoned from City R-2 (Medium Density Residential) to City PUD
(Planned Unit Development) zoning district subject to conditions contained in Exhibit A, to-wit:

                              (See Exhibit B for Legal Description)

       Alternate Key Number: 1183146

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2009.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:
___________________________________
      City Clerk




CASE #:022-1-061809                                                               EXHIBIT A
                          HALLGREN PROFESSIONAL OFFICE
                  REZONING TO PUD (PLANNED UNIT DEVELOPMENT)
                        PLANNED DEVELOPMENT CONDITIONS
                                    August 18, 2009

These Planned Development Conditions for a PUD (Planned Unit Development) District are granted
by the City of Leesburg Planning Commission, Lake County, Florida to Tim Sennett, "Permittee" for
the purposes and terms and conditions as set forth herein pursuant to authority contained in Chapter
25 "Zoning", Section 25-278 "Planned Development Process" of the City of Leesburg Code of
Ordinances, as amended.

BACKGROUND: The "Permittee" has submitted an application requesting a PUD (Planned Unit
Development) zoning district to permit professional offices with accessory uses as permitted by these
conditions on an approximately 26 +/- acre site within the City of Leesburg in accordance with their
Planned Development application and supplemental information.

1.    PERMISSION
      Permission is hereby granted to Karen Hallgren to operate, and maintain a PUD (Planned Unit
      Development) development in and on real property in the City of Leesburg. The property is
      generally located south of U.S. Highway 441 on the west side of Sleepy Hollow Road, north of
      Old Tavares Road.. The property is more particularly described as shown in the attached legal
      description below.

2.    LEGAL DESCRIPTION
      See attached legal Exhibit B

3.    LAND USES
      The above-described property shall be used for PUD (Planned Unit Development) uses as
      limited herein, and pursuant to City of Leesburg development codes and standards.
      B.     Uses
             1)    Uses shall be those listed as permitted uses in this document and shall occupy
                   the approximate area as shown on the Conceptual Plan dated July 13, 2009

             2)     Uses shall be those listed for the C-1 (Neighborhood Commercial) uses including
                    residential, professional and medical offices, and day care in the Land Development
                    Code as a permitted uses except as limited by this PUD.
            3)      Only the approximately three acres shown on the conceptual plan along Sleepy
                    Hollow Road shall be developed, the remaining approximately 24 acres shall not be
                    developed but shall have a conservation easement recorded on the property.

      B.    Uses prohibited shall be as follows:
            1)    public and civic uses except for day care
            2)    commercial uses except for professional and medical offices
            3)    industrial uses

      C.    Hours of operations shall be restricted to 7:00 a.m. to 11:00 p.m.
     D.    Area
           The Impervious surface coverage for this site shall not exceed eighty (80) percent of the
           gross site area.

     E.    Open Space
           A minimum of twenty (20) percent of the site shall be developed as open space,
           including retention areas, buffer and landscaped areas. Parking areas and vehicle access
           areas shall not be considered in calculating open space.

4.   SITE ACCESS
     A.   Access to the property is currently from Sleepy Hollow Road. If additional access is
          requested, approval shall be subject to the City of Leesburg PUD amendment and Site
          Plan Application review process.

5.   DEVELOPMENT STANDARDS
     A.  The minimum development standards shall be those required for the PUD district
         except as amended by these conditions.

     C.    All operations shall be carried on entirely within an enclosed structure except for out
           door play areas at the rear of day cares.

     D.    No outdoor storage areas shall be permitted.

     E.    Areas of property not occupied by structures or paving shall be grassed, landscaped and
           maintained in accordance with City of Leesburg Code of Ordinances, as amended.

6.   PARKING
     A. The permittee shall have off-street parking spaces within the property per the
         conceptual site plan, pursuant to the City of Leesburg Code of Ordinances, as amended,
         which shall include the required number of handicapped parking spaces.

7.   WETLANDS
     A.  Wetlands shall comply with the following requirements. No disturbance or
         development of any wetland area shall be permitted by the "Permittee" without
         approval of an amendment to this PUD and until approval is received from all affected
         governmental agencies to include, but not limited to the St. John's River Water Man-
         agement District and the State of Florida Department of Environmental Regulation.
         Any notice of violation from any affected agency shall be cause for a cease and desist
         order on permits issued by the City of Leesburg until such time as the violation has
         been resolved with the appropriate agency(s).

8.   DRAINAGE AND UTILITIES
     A.  Prior to receiving Final Development Plan Approval, the "Permittee" shall submit, if
         applicable, a Master Site Drainage Plan and Utility Implementation Plan acceptable to the
         City of Leesburg. Prior to removal, renovation or demolition of any existing development
         on the site, the permittee shall provide:
         1)     A detailed site plan demonstrating no direct discharge of stormwater runoff
                generated by the development into any natural surface waters or onto adjacent
                properties.
            2)    A detailed site plan indicating all provisions for electric, water, sewer, and natural
                  gas in accordance with the site plan review process as required by the City of
                  Leesburg Code of Ordinances.

9.    TRANSPORTATION
      A.  Permittee shall make all transportation improvements as required by Lake County, the
          MPO and the City of Leesburg. Construction of improvements shall be contingent
          upon plan approval by City of Leesburg staff during development review/permit
          application, if applicable.

10.   LANDSCAPING AND BUFFER REQUIREMENTS
      A.  All landscaping and buffering shall be in accordance with regulations contained within
          the City of Leesburg Code of Ordinances and as represented on the Conceptual Site
          Plan including;
            1)    For each one hundred (100) linear feet, or fraction thereof, of boundary, the
                  following plants shall be provided in accordance with the planting standards and
                  requirements of the City of Leesburg Code of Ordinances, as amended.
                  a. Two (2) canopy trees
                  b. Two (2) ornamental trees
                  c. Thirty (30) shrubs
                  d. The remainder of the buffer area shall be landscaped with grass,
                      groundcover, and/or other landscape treatment.
                  e. Existing vegetation in the required buffer shall be protected during
                      construction.
      B.    Variations to the landscape requirements of the code may be approved by the
            Community Development Director as long as the intent of the PUD and the
            Landscaping Code are maintained.

11.   MAINTENANCE
      A.  With the exception of public utilities and sidewalks, maintenance of all site im-
          provements, including but not limited to drives, internal sidewalks, landscaping and
          drainage shall be the responsibility of the owner.

12.   DESIGN REQUIREMENTS
      A.   Exterior building materials contribute significantly to the visual impact of a building on
           the community. They shall be well designed and integrated into a comprehensive design
           style for the project. The total exterior wall area of each building elevation shall be
           composed of one of the following:

           1)     At least thirty-five percent (35%) full-width brick or stone (not including window
                  and door areas and related trim areas), with the balance being any type of lap siding
                  and/or stucco.

           2)     At least thirty percent (30%) full-width brick or stone, with the balance being
                  stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product is
                  defined as a manufactured strip siding composed of cement-based materials rather
                  than wood fiber-based or plastic-based materials. For example, Masonite or vinyl
                  lap siding would not be allowed under this option.).

           3)     All textured stucco, provided there are unique design features such as recessed
                  garages, tile or metal roofs, arched windows etc. in the elevations of the buildings
                  or the buildings are all brick stucco. Unique design features shall be reviewed by
                  the Community Development Director for compliance

      B.   Other Features

           1)     Other similar design variations meeting the intent of this section may be approved
                  at the discretion of the Community Development Director.

13.   DEVELOPMENT PHASING
      A. The proposed project may be constructed in phases in accordance with the Planned Unit
          Development Conditions and Conceptual Plan. Changes to the Development Plan,
          other than those conditions described in this agreement, shall be revised in accordance
          with the Planned Development review process.

      B.    Implementation of the project shall substantially commence within 36 months of
            approval of this Planned Development. In the event, the conditions of the PUD have
            not been substantially implemented during the required time period, the PUD shall be
            scheduled with due notice for reconsideration by the Planning Commission at their next
            available regular meeting. The Planning Commission will consider whether to extend the
            PUD approval or rezone the property to R-2 (Medium Density Residential) or another
            appropriate zoning classification less intense than the development permitted by these
            PUD Conditions

14.   MISCELLANEOUS CONDITIONS
      A. The uses of the proposed project shall only be those uses identified in the approved
          Planned Development Conditions. Any other proposed use must be specifically
          authorized in accordance with the Planned Development amendment process.

      B.   No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove,
           improve, move, convert, or demolish any building structure, or alter the land in any
           manner without first submitting the necessary plans and obtaining appropriate approvals
           in accordance with the City of Leesburg Codes.

      C.   Construction and operation of the proposed use(s) shall at all times comply with City and
           other governmental agencies rules and regulations.

      D.   The transfer of ownership or lease of any or all of the property described in this PUD
           Agreement shall include in the transfer or lease agreement, a provision that the purchaser
           or lessee is made good and aware of the conditions pertaining to the Planned Unit
           Development established and agrees to be bound by these conditions. The purchaser or
           lessee may request a change from the existing plans and conditions by following the
           procedures as described in the City of Leesburg Land Development Code, as amended.
       E.    These PUD Conditions shall inure to the benefit of, and shall constitute a covenant
             running with the land and the terms, conditions, and provisions hereof, and shall be
             binding upon the present owner and any successor, and shall be subject to each and
             every condition herein set out.

15.    CONCURRENCY
       As submitted, the proposed zoning change does not appear to result in demands on public
       facilities which would exceed the current capacity of some public facilities, such as, but not
       limited to roads, sewage, water supply, drainage, solid waste, parks and recreation, schools
       and emergency medical facilities. However, no final development order (site plan and building
       permits) shall be granted for a proposed development until there is a finding that all public
       facilities and services required for the development have sufficient capacity at or above the
       adopted level of service (LOS) to accommodate the impacts of the development, or that
       improvements necessary to bring facilities up to their adopted LOS will be in place
       concurrent with the impacts of the development.
      A.       Utilities
               1) Projected Capacities
                       a. The City’s utility planning efforts draw upon phasing, capacity and service
                          requirements, based upon information provided by the applicant. The City
                          develops its plans consistent with sound engineering principles, prudent
                          fiscal practices and due regard for regulatory compliance.
                       b. The development will require construction of new distribution mains, since
                           existing facilities in the service area are not adequate. Should the developer
                           wish to accelerate the construction of such facilities to provide service, the
                           developer will bear the cost of design, permitting and construction. Any
                           such facilities must be constructed in a fashion consistent with the City’s
                           master plans and to the City standards and specifications.
                       c. The City is in the process of Consumptive Use Permit renewal. The
                           application provides for anticipated demands due to this and other potential
                           development

      B.     Commitment of Capacity
             There are no previous commitments of any existing or planned excess capacity.

      C.Ability to Provide Services
        1)     The City intends to provide water, wastewater and reclaimed water services
               within its service area for the foreseeable future.
        2)     The City updates its Ten-Year Capital Improvement Plan (CIP) as part of our
               annual budgetary process. Included within the CIP are water, wastewater, and
               reclaimed water improvements necessary to provide service to proposed
               development.
        3)     The City has completed an impact fee study, based in part on the CIP in order to
               assure adequate and appropriate funding for required improvements. The
               combination of master planning and CIP planning has allowed the City to issue
               bonds to fund new potable water facilities and substantial reuse facilities, among
               other infrastructure improvements.
LEGAL DESCRIPTION                                                              EXHIBIT B
BEG AT NE COR OF GOV LOT 5, RUN S 1325 FT, W 1325.35 TO W LINE OF GOV LOT
5, N 320.9 FT, BEG AS BEFORE, RUN S 58DEG 15MIN W 670 FT, SW’LY TO INTERSECT
FIRST LINE- -LESS FROM NW COR OF GOV LOT 5 RUN S 00DEG 27MIN 00SEC W
789.32 FT TO SE’LY R/W LINE OF US HWY 441, N 49DEG 02MIN 00SEC E 459 FT, S
40DEG 58MIN 00SEC W 50 FT, N 49DEG 02MIN 00SEC E 100 FT TO POB & L SS SLEEPY
HOLLOW RD R/W & LESS FROM NE COR OF SE ¼ OF SW ¼ RUN W 47.05 FT FOR POB,
CONT W 80.86 FT, N 03DEG 53MIN 23 SEC E 4.90 FT, S 86DEG 31MIN 34SEC E 80.67 FT
TO POB- -ORB 435 PG 1473

Alternate Key #: 1183146
.




CONCEPTUAL SITE PLAN                                             EXHIBIT C
CONCEPTUAL ELEVATION   EXHIBIT D
09/28/09
                                        5D.
                                AGENDA MEMORANDUM


Meeting Date:           September 28, 2009

From:                   James Feagle, Deputy Director of Public Works

Subject:                Ordinance amending Article III, Chapter 18 pertaining to work required in
                        new commercial construction and residential development by establishing a
                        public sidewalk fund



Staff Recommendation:
Staff recommends adoption of the proposed amendment to Code of Ordinance Article III, Chapter
18 to establish a public sidewalk fund in new commercial construction and residential development.

Analysis:
This fund will allow new construction sites within the City that have special or adverse conditions
prohibiting sidewalk installation to pay into a fund the current fair market value of their linear
footage of sidewalk.

Currently, these sites would not have to install sidewalks or pay monetary retribution for the lack of
sidewalk installation. This ordinance also contains provisions for the acceptance of funds from sites
that are currently located within an area the City has planned to install pedestrian traffic modification
infrastructure.

Options:
1. Adopt the ordinance as presented; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
None

Submission Date and Time:         12/28/2011 10:13 AM____
Department: _Public Works____________   Reviewed by: Dept. Head ________   Account No. _________________
Prepared by: _James Feagle___________
Attachments:      Yes__X__ No ______    Finance Dept. __________________   Project No. ___________________
Advertised: ____Not Required ______
Dates: __________________________       Deputy C.M. ___________________    WF No. ______________________
Attorney Review :    Yes___ No ____     Submitted by:
                                        City Manager ___________________   Budget ______________________
_________________________________
Revised 6/10/04                                                            Available _____________________
                          ORDINANCE NO._______________

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING
ARTICLE III, CHAPTER 18 OF THE CODE OF ORDINANCES PERTAINING
TO WORK REQUIRED IN NEW COMMERCIAL CONSTRUCTION AND
RESIDENTIAL DEVELOPMENT; ESTABLISHING A PUBLIC SIDEWALK
FUND; REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA,
that:

       SECTION 1. Article III of Chapter 18 of the Code of Ordinances of the City of
Leesburg, Florida, is hereby amended to read as set forth below:

Sec. 18-106. Work required in new commercial construction and residential
development.

(a) When any commercial, industrial or residential property is platted within the corporate
limits of the City, which is contiguous to any right-of-way dedicated to the public, or said
plat dedicates any right-of-way to the public, and such platted property is improved by the
construction of any type of building, structure, parking facility, or any other improvement
for which a building permit is required, sidewalks shall be constructed at the expense of the
property owner. This section shall not apply to:

       (1) Property platted for single-family residential purposes in which all lots are one (1)
           acre or larger in area;

       (2) Any single-family residential property located along a dead end street or cul-de-
           sac, which has ten (10) or fewer single-family lots or tracts along its entire length;

       (3) Multi-family or non-residential property, which is projected by the City to have
           less than one hundred (100) average daily trips according to the most recent
           version of the Institute of Transportation Engineers Trip Generation Manual, or
           any similar publication used by the City; or

       (4) Instances where the property owner chooses to contribute funds to the sidewalk
           fund established in Section 18-107 of the code, in accordance with the
           requirements of Section 18-107.

(b) When any commercial, industrial or residential property within the corporate limits of
    the City, which is contiguous to any right-of-way dedicated to the public, and within
    which the City’s sidewalk improvement program funded capital project list has
    designated the need for construction of a sidewalk or sidewalks, is improved by the
    construction, reconstruction, renovation, remodeling or repair of any type of building,
    structure, parking facility, or any other improvement exceeding fifteen thousand dollars
    ($15,000) in value, sidewalks shall be constructed at the expense of the property owner in
    accordance with this section. The exceptions listed in subsection (a) shall also apply to
    this section.
(c) Sidewalks shall be constructed in the right-of-way immediately adjacent to the owner’s
    property with a minimum separation between the sidewalk and the edge of any road or
    street of four (4) feet. Where the four (4) foot separation is not possible, the sidewalk
    shall be located within an easement granted by the property owner to the City for public
    use and maintenance of the sidewalks, of a width sufficient to achieve the required four
    (4) foot separation.

(c) Sidewalks shall be constructed in the right-of-way immediately adjacent to the owner’s
    property with a minimum separation between the sidewalk and the edge of nearest
    roadway travel lane of four (4) feet, in such cases where the sidewalk cannot be installed
    immediately adjacent to the property within the right of way and maintain the four (4)
    foot separation, the sidewalk may be installed closer or abut the roadway as long as the
    roadway meets all of the following conditions:

       (1) The roadway may only have a maximum speed limit of 35 miles per hour;

       (2) The roadway may not be classified as arterial as defined in the City of Leesburg
           Code of Ordinances, Section 18-32;

       (3) The roadway is required to have a minimum (6”) six inch raised curb.

   If all of these minimum conditions cannot be met than one of the following will apply:

       (1) The developer/owner will be required to donate the cost of installation of the
           sidewalk to the City of Leesburg sidewalk fund in accordance with fund
           standards as set forth in this chapter; or

       (2) The developer/owner may voluntarily place the sidewalk on their property and
           dedicate an easement to the City for public use and maintenance of the
           sidewalks, of a width sufficient to achieve the required four (4) foot separation.

(d) All sidewalks constructed pursuant to this section shall conform to the following:

       (1) Sidewalks shall have a width of five (5) feet;

       (2) Concrete shall be at least Type I or 3000 p.s.i. strength;

       (3) Minimum thickness of sidewalks shall be four (4) inches, except for driveways
           and other traffic bearing areas, the minimum thickness shall be six (6) inches;

       (4) For sidewalks, expansion joints shall be placed every twenty (20) feet with
           construction joints at all other five (5) foot intervals. A construction joint shall
           mean a sawed or tooled joint at least three-fourths (3/4) inches deep from the
           top of the sidewalk and extending across the width of the sidewalk;

       (5) All street and curb cuts shall meet any applicable laws or regulations for access
           by disabled persons; and

       (6) All property site preparation, clearing and leveling shall be completed before
           installation of any sidewalks.
(e) The City Building Official is hereby directed to withhold the certificate of occupancy or
    use until such sidewalks are properly constructed as provided in this section.

(f) The City Manager or his designated representative may approve deferment of
    construction. Variances to the requirements of this section may be issued by the board
    of adjustments based on the criteria set forth in section 25-94 of this code. In no event
    shall a sidewalk be constructed abutting a Miami or ribbon curb. In the case of a
    deferment, the property owner shall provide the City with:

       (1) A properly executed covenant to run with the land, which is suitable for
           recording, and which may be recorded, at the owner’s expense, at the option of
           the City, and in which the property owner agrees to construct or pay the cost of
           constructing the sidewalk, when such construction is required by the City;

       (2) Financial assurances that the owner will have the ability to construct or to pay
           the cost of constructing the sidewalk n the future in accordance with the
           covenant. The financial assurances shall be of a type and in a form acceptable
           to the City Manager or his designated representative, including, but not limited
           to, a performance bond, security deposit, or any other reasonable method
           deemed appropriate by the City Manager or his designated representative.

Sec. 18-107. Sidewalk Fund.

(a) A sidewalk fund is hereby established. The City Commission shall, by resolution,
    establish accounting and administrative procedures for the operation and administration
    of the fund.

(b) A subdivider, developer, or property owner responsible for construction of a sidewalk
    under Sec. 18-106 of this code may elect to meet that requirement in whole or in part by
    making a cash payment in lieu of actual construction of the sidewalk, if the Director of
    Public works determines that a sidewalk cannot be constructed on or adjacent to an
    owner’s property because of terrain, location, inconsistency of a sidewalk at that location
    with the City’s comprehensive sidewalk plan, lack of connecting sidewalks on adjacent
    parcels with a low probability of connecting sidewalks being constructed in the near
    future, or other similar factors. The in-lieu payment shall be deposited in a sidewalk
    fund and become the sole property of the City. No par thereof shall be subject to
    refund to the subdivider, developer, or property owner. Nothing in this chapter shall be
    construed to relieve any subdivider, developer, or property owner of the requirement to
    construct any improvements that may be required by other provisions of this code.

(c) The amount of the in-lieu payment shall be based on the actual cost of construction and
    engineering costs for the sidewalk the subdivider, developer, or property owner would
    otherwise have to construct, as determined in accordance with the following:

       (1) The subdivider, developer, or property owner shall submit the cost estimate for
           the required improvements. The estimate shall be prepared by a licensed
           engineer; shall be for actual quantities and costs of construction and engineering
           for all required improvements for the project; shall be specific to the project site;
           shall be based on prevailing wages; and shall conform to City standards.
          (2) The City engineer or designee shall check the owner’s engineer’s estimates to
              determine their accuracy, completeness, and conformance, and shall make a
              recommendation to the City Manager accordingly. Applying the standards
              prescribed in the ordinance, the City Manager shall determine whether the
              subdivider, developer or property owner’s estimate is correct or whether to
              accept the recommendation of the Public Works Director.

          (3) Payment of in-lieu fees shall be made by cashier’s check or wire transfer after the
              time of final plat approval but prior to the time the plat is recorded with the
              County Clerk’s office, or prior to the issuance of a building permit if a sub-
              division plat is not required.

  (d) Expenditures from the sidewalk fund shall be used for new sidewalk installation only.

  (e) Any person aggrieved by any decision of the Director of Public works under this chapter
      may appeal such decision to the City Manager by filing a written appeal no later than
      fifteen (15) days from the date of the decision being appealed.

          SECTION 2. If any portion of this ordinance is declared invalid or unenforceable,
  then to the extent it is possible to do so without destroying the overall intent and effect of
  this ordinance, this portion deemed invalid or unenforceable shall be severed here from and
  the remainder of this ordinance shall remain in full force and effect as if it were enacted
  without including the portion found to be invalid or unenforceable.

          SECTION 3. All ordinances or parts of ordinances, which are in conflict with this
  ordinance, are hereby repealed to the extent necessary to alleviate the conflict, but shall
  continue in effect so far as they are not in conflict herewith, unless repeal of the conflicting
  portion destroys the overall intent and effect of any of the conflicting ordinance, in which
  case those ordinances so effected shall be hereby repealed in their entirety.

          SECTION 4. This ordinance shall become effective immediately upon its passage.

  PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
  regular meeting held the 28th day of September, 2009


                                                    __________________________
                                                     Mayor
  ATTEST:

   __________________________
   City Clerk
09/28/09
                                  5E.    AGENDA MEMORANDUM


MEETING DATE: September 28, 2009

FROM:                       Bill Wiley, AICP, Community Development Director

SUBJECT:                    Ordinance Amending Chapter 7, Section7–16 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.



Staff Recommendation:
The Building staff recommends approval of the referenced amendment to the Code of Ordinances
amending Chapter 7, Section 7–16, in its entirety.

Analysis:
The proposed ordinance would adopt the 2007 version of the Florida Building Code with
amendments effective as of March 1, 2009, together with the 2009 supplements thereto also
effective March 1, 2009, as the building codes for the City of Leesburg, Florida, by reference, and
incorporate them into the Code. This amendment would update the current 2004 code as required
by state statue. The revised building code was mandated by the Florida Legislature and the code
went into effect automatically. The 2007 edition of the Florida Building Code became effective
March 1, 2009.

Options:
      1.          Approve the recommended amendment to the Code of Ordinances Chapter 7,
                  Section7–16.
        2.        Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.

Submission Date and Time:               12/28/11 10:13 AM____
 Department: Community Development       Reviewed by: Dept. Head __BW_____   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments:      Yes__X_ No ______     Finance Dept. __________________    Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________       Deputy C.M. ___________________     WF No. ______________________
 Attorney Review :     Yes_X_ No ____    Submitted by:
                                         City Manager ___________________    Budget ______________________
 _________________________________
 Revised 6/10/04                                                             Available _____________________
                                 ORDINANCE NO.

                AN ORDINANCE OF THE CITY OF LEESBURG,
                FLORIDA, AMENDING §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; REPEALING   CONFLICTING   ORDINANCES;
                PROVIDING SAVINGS CLAUSE; AND PROVIDING AN
                EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:
SECTION I.
§7 – 16 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended in its entirety
and shall, after the effective date of this Ordinance, read as set forth below:

          Sec. 7 – 16. Building Code Adopted.
          The 2007 version of the Florida Building Code, effective as of March 1, 2009,
          together with the 2009 supplements thereto also effective March 1, 2009, are
          adopted as the building codes for the City of Leesburg, Florida, by reference, and are
          incorporated into this Code as fully as if set out in full herein.

SECTION II.
If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible
to do so without destroying the overall intent and effect of this ordinance, the portion deemed
invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall
continue in full force and effect as if it were enacted without including the portion found to be
invalid or unenforceable.
SECTION III.
All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed,
to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in
conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of
any of the conflicting ordinances, in which case those ordinances so affected shall be hereby
repealed in their entirety.
SECTION IV.
This ordinance shall become effective upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the            day of                         , 2009.

                                                 THE CITY OF LEESBURG, FLORIDA


                                                 BY:
                                                         Mayor


Attest:
   City Clerk
09/28/09
                                      5F. AGENDA MEMORANDUM



MEETING DATE: September 28, 2009

FROM:                         Dennis M. Sargent, Fire Chief

SUBJECT:                      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.



Staff Recommendation:
Staff recommends approval of the referenced amendment to the Code of Ordinances amending
Chapter 10, Section 10–1, in its entirety.

Analysis:
The proposed ordinance will adopt the 2006 version of the Florida Fire Prevention Code and the
NFPA 1 and NFPA 101, 2006 Edition, effective immediately, as the fire codes for the City of
Leesburg, Florida, by reference, and incorporate them into the Code. This amendment will update
the current fire codes as required by State Statute. The Florida Fire Prevention Code was mandated
by the Florida Legislature and the Code went into effect automatically.

Options:
1. Approve the recommended amendment to the Code of Ordinances Chapter 10, Section 10–1.
2. Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.

Submission Date and Time:                 12/28/11 10:13 AM____

 Department: Fire Development              Reviewed by: Dept. Head __DS_____   Account No. _________________
 Prepared by: Steve Painter, Lieutenant
 Attachments:      Yes__ No __X____        Finance Dept. __________________    Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________         Deputy C.M. ___________________     WF No. ______________________
 Attorney Review :    Yes_X_ No ____       Submitted by:
                                           City Manager ___________________    Budget ______________________
 _________________________________
 Revised                                                                       Available _____________________
                                ORDINANCE NO.

        AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
        AMENDING §10 – 1 OF THE CODE OF ORDINANCES,
        PERTAINING TO THE FIRE SAFETY CODES, IN ITS ENTIRETY;
        ADOPTING THE 2007 EDITION OF THE FLORIDA FIRE
        PREVENTION CODE (FFPC) CONSISTING OF THE NFPA 1,
        UNIFORM FIRE CODE AND THE NFPA 101, LIFE SAFETY CODE,
        2006 EDITION; REPEALING CONFLICTING ORDINANCES;
        PROVIDING SAVINGS CLAUSE; AND PROVIDING AN
        EFFECTIVE DATE.

    BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.
§10 – 1 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended in its entirety
and shall, after the effective date of this Ordinance, read as set forth below:

    Sec. 10 – 1. Fire Safety Codes Adopted; Definitions.
    The 2007 Edition of the Florida Fire Prevention code (FFPC) consisting of the NFPA 1,
    Uniform Fire Code and the NFPA 101, Life Safety Code, 2006 Edition, are adopted as the
    fire codes for the City of Leesburg, Florida, by reference, as published by the State of Florida
    Department of Insurance, and any amendments thereto as may be adopted from time to
    time, is hereby adopted and are incorporated into this Code as fully as if set out in full
    herein.

SECTION II.
If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible
to do so without destroying the overall intent and effect of this ordinance, the portion deemed
invalid or unenforceable shall be severed here from and the remainder of this ordinance shall
continue in full force and effect as if it were enacted without including the portion found to be
invalid or unenforceable.

SECTION III.
All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed,
to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in
conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of
any of the conflicting ordinances, in which case those ordinances so affected shall be hereby
repealed in their entirety.

SECTION IV.
This ordinance shall become effective upon its passage and adoption according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the day of                    , 2009.

                                                THE CITY OF LEESBURG, FLORIDA
                    BY:
                          Mayor
Attest:
       City Clerk
    09/28/09
                                               5G.
                                         AGENDA MEMORANDUM


Meeting Date:               September 28, 2009

From:                       Paul Kalv, Electric Director

Subject:                    Ordinance accepting a Utility Easement from First Family Oaks Office
                            Condominium Association, Inc.



Staff Recommendation:
Staff recommends adoption of the Ordinance accepting the Utility Easement from First Family
Oaks Office Condominium Association, Inc. pertaining to land located in Section 23, Township 19
South, Range 24 East, Lake County, Florida.

Analysis:
First Family Oaks Office Condominium Association, Inc. is granting a Utility Easement to the City
of Leesburg for the purpose of construction, installation, repair, maintenance, replacement and
improvement of underground or above ground utilities, including but not limited to water, sewer,
reuse water, natural gas, electricity, cable television, fiber optics and telecommunication.

Options:
1. Adopt the Ordinance accepting the Utility Easement as presented; or,
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
None

Submission Date and Time:                12/28/2011 10:13 AM____

 Department: __Electric_______________    Reviewed by: Dept. Head _Paul Kalv   Account No. _________________
 Prepared by: __Sabrina Hubbell_______
 Attachments:      Yes_X__ No ______      Finance Dept. __________________     Project No. ___________________
 Advertised: ____Not Required _X____
 Dates: __________________________        Deputy C.M. ___________________      WF No. ______________________
 Attorney Review :    Yes X__ No ____     Submitted by:
                                          City Manager ___________________     Budget ______________________
 _________________________________
 Revised 6/10/04                                                               Available _____________________
                                      ORDINANCE NO. ______


               AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
               ACCEPTING A UTILITY EASEMENT FROM FIRST FAMILY
               OAKS OFFICE CONDOMINIUM ASSOCIATION, INC., AS
               GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE,
               PERTAINING TO LAND LOCATED IN SECTION 23,
               TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY,
               FLORIDA; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

        The City of Leesburg, Florida, does hereby accept from First Family Oaks Office Condominium
Association, Inc., a Utility Easement dated August 25, 2009, and recorded in Official Records Book 3815,
Pages 1835–1838, Public Records of Lake County, Florida, conveying certain real property located in
Section 23, Township 19 South, Range 24 East, Lake County, Florida, and more particularly described in
said Utility Easement, to the City of Leesburg.
Section 2.

        If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is
possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed
invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in
full force and effect as if it were enacted without including the portion found to be invalid or
unenforceable.

Section 3.

       This ordinance shall become effective upon its passage and adoption according to law.

       PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the ______ day of ______________, 2009.

                                                        THE CITY OF LEESBURG

                                                        By:____________________________________
                                                               Mayor

ATTEST:

_______________________________________
City Clerk
    09/28/09
                                               5H.
                                         AGENDA MEMORANDUM


Meeting Date:               September 28, 2009

From:                       Paul Kalv, Electric Director

Subject:                    Ordinance accepting a Utility Easement from Lakeland Land Company.



Staff Recommendation:
Staff recommends adoption of the Ordinance accepting the Utility Easement from Lakeland Land
Company as to property located in Section 23, Township 19 South, Range 24 East, Lake County,
Florida.

Analysis:
Lakeland Land Company is granting a Utility Easement to the City of Leesburg for the purpose of
construction, installation, repair, maintenance, replacement and improvement of underground or
above ground utilities, including but not limited to water, sewer, reuse water, natural gas, electricity,
cable television, fiber optics and telecommunication.

Options:
1. Adopt the Ordinance accepting the Utility Easement as presented; or,
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
None

Submission Date and Time:                12/28/2011 10:13 AM____

 Department: _Electric________________    Reviewed by: Dept. Head Paul Kalv_   Account No. _________________
 Prepared by: _Sabrina Hubbell_______
 Attachments:      Yes_X__ No ______      Finance Dept. __________________     Project No. ___________________
 Advertised: ____Not Required _X____
 Dates: __________________________        Deputy C.M. ___________________      WF No. ______________________
 Attorney Review :    Yes_X_ No ____      Submitted by:
                                          City Manager ___________________     Budget ______________________
 _________________________________
 Revised 6/10/04                                                               Available _____________________
                                      ORDINANCE NO. ______


               AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
               ACCEPTING A UTILITY EASEMENT FROM LAKELAND
               LAND COMPANY, AS GRANTOR, TO THE CITY OF
               LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED
               IN SECTION 23, TOWNSHIP 19 SOUTH, RANGE 24 EAST,
               LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE
               DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

        The City of Leesburg, Florida, does hereby accept from Lakeland Land Company a Utility
Easement dated August 4, 2009, and recorded in Official Records Book 3809, Pages 2111–2114, Public
Records of Lake County, Florida, conveying certain real property located in Section 23, Township 19
South, Range 24 East, Lake County, Florida, and more particularly described in said Utility Easement, to
the City of Leesburg.
Section 2.

        If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is
possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed
invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in
full force and effect as if it were enacted without including the portion found to be invalid or
unenforceable.

Section 3.

       This ordinance shall become effective upon its passage and adoption according to law.

       PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the ______ day of ______________, 2009.

                                                        THE CITY OF LEESBURG

                                                        By:____________________________________
                                                               Mayor

ATTEST:

_______________________________________
City Clerk

    09/28/09
                                              5I.
                                        AGENDA MEMORANDUM


Meeting Date:               September 28, 2009

From:                       Jack Rogers, Gas Director

Subject:                    Ordinance accepting a Utility Easement from Jay-Mar Holdings, LLC.



Staff Recommendation:
Staff recommends adoption of the Ordinance accepting the Utility Easement from Jay-Mar
Holdings, LLC pertaining to land along S. Hwy. 27.

Analysis:
Jay-Mar Holdings, LLC is granting a Utility Easement to the City of Leesburg for the purpose of
construction, installation, repair, maintenance, replacement and improvement of underground
utilities, including but not limited to water, sewer, reuse water, natural gas, electricity, cable
television, fiber optics and telecommunication.

Options:
1. Adopt the Ordinance accepting the Utility Easement as presented; or,

2. Such alternative action as the Commission may deem appropriate


Fiscal Impact:
None

Submission Date and Time:               12/28/2011 10:13 AM____

 Department: __Gas_________________      Reviewed by: Dept. Head _JR_____   Account No. _________________
 Prepared by: _Jack Rogers___________
 Attachments:      Yes_X__ No ______     Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required __X___
 Dates: __________________________       Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes_X_ No ____     Submitted by:
                                         City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                            Available _____________________
                                      ORDINANCE NO. ______


               AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
               ACCEPTING A UTILITY EASEMENT FROM JAY–MAR
               HOLDINGS, LLC, AS GRANTOR, TO THE CITY OF
               LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED
               IN SECTION 26, TOWNSHIP 19 SOUTH, RANGE 24 EAST,
               LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE
               DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

        The City of Leesburg, Florida, does hereby accept from Jay–Mar Holdings, LLC, a Utility
Easement dated January 26, 2009, and recorded in Official Records Book 3815, Pages 1839–1842, Public
Records of Lake County, Florida, conveying certain real property located in Section 26, Township 19
South, Range 24 East, Lake County, Florida, and more particularly described in said Utility Easement, to
the City of Leesburg.

Section 2.

        If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is
possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed
invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in
full force and effect as if it were enacted without including the portion found to be invalid or
unenforceable.

Section 3.

       This ordinance shall become effective upon its passage and adoption according to law.

       PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the ______ day of ______________, 2009.


                                                        THE CITY OF LEESBURG

                                                        By:____________________________________
                                                               Mayor

ATTEST:

_______________________________________
City Clerk

    09/28/09
                                        5J. 5.J
                                       AGENDA MEMORANDUM


Meeting Date:              September 28, 2009

From:                      Jack Rogers, Gas Director

Subject:                   Ordinance accepting a Utility Easement from Jason D. Baas.



Staff Recommendation:
Staff recommends adoption of the Ordinance accepting the Utility Easement from Jason D. Baas
pertaining to land along S. Hwy. 27.

Analysis:
Jason D. Baas is granting a Utility Easement to the City of Leesburg for the purpose of construction,
installation, repair, maintenance, replacement and improvement of underground utilities, including
but not limited to water, sewer, reuse water, natural gas, electricity, cable television, fiber optics and
telecommunication.

Options:
1. Adopt the Ordinance accepting the Utility Easement as presented; or,

2. Such alternative action as the Commission may deem appropriate


Fiscal Impact:
None


Submission Date and Time:              12/28/2011 10:13 AM____

 Department: ___Gas________________     Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: _Jack Rogers_________
 Attachments:      Yes_X__ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required _X____
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes_X_ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
                                      ORDINANCE NO. ______


                AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
                ACCEPTING A UTILITY EASEMENT FROM JASON D. BAAS,
                AS GRANTOR, TO THE CITY OF LEESBURG, AS GRANTEE,
                PERTAINING TO LAND LOCATED IN SECTION 26,
                TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY,
                FLORIDA; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section 1.

        The City of Leesburg, Florida, does hereby accept from Jason D. Baas a Utility Easement dated
January 26, 2009, and recorded in Official Records Book 3815, Pages 1843–1846, Public Records of
Lake County, Florida, conveying certain real property located in Section 26, Township 19 South, Range
24 East, Lake County, Florida, and more particularly described in said Utility Easement, to the City of
Leesburg.

Section 2.

        If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is
possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed
invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in
full force and effect as if it were enacted without including the portion found to be invalid or
unenforceable.

Section 3.

        This ordinance shall become effective upon its passage and adoption according to law.

       PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the ______ day of ______________, 2009.


                                                        THE CITY OF LEESBURG

                                                        By:____________________________________
                                                               Mayor

ATTEST:

_______________________________________
City Clerk

    09/28/09
                                          5K. 5K.
                                       AGENDA MEMORANDUM

Meeting Date:               September 28, 2009

From:                       Jay M. Evans, City Manager

Subject:                    Acceptance of COPS Hiring Recovery Program grant


Staff Recommendation:

Staff recommends the City Commission confirm acceptance of the COPS grant for $306,960, as
provided for in Resolution 8431 adopted on April 13, 2009.

Analysis:
On April 13, 2009, the City Commission authorized the application, and, if awarded, acceptance of a
Community Oriented Policing Services (COPS) grant from the U.S. Department of Justice for
$306,960. This grant will fund two existing sworn officer positions for three (3) years. Even though
the adopted resolution authorized acceptance, staff believe it is appropriate to bring this grant back
to confirm the Commission’s acceptance of the grant.

The grant will require the City to maintain existing staffing levels similar to the SAFER grant we are
currently operating under for the Fire Department. The term will be 48 months under which we
cannot reduce sworn officer positions.

Options:
1. Confirm acceptance of the COPS grant as provided for in adopted Resolution 8431; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
The grant will provide 100% funding of the $306,960 for two existing law enforcement positions
salaries and benefits for three years. The city must retain all sworn officer positions awarded under
this grant for a period of one year (12 months) following the conclusion of the three-year funding
period. At the beginning of the fourth year, the city must fund the 2 COPS positions.

Submission Date and Time:              12/28/2011 10:13 AM____
 Department: ______________________     Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
09/28/09

				
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