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					                                    AMENDED
                                     AGENDA
                            CITY COMMISSION MEETING
                         COMMISSION CHAMBERS, CITY HALL
                             MONDAY, OCTOBER 27, 2008
                                     5:30 PM



1. CALL TO ORDER

   INVOCATION BY CAPTAIN BAGLEY OF THE SALVATION ARMY

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

2. PROCLAMATIONS: None

3. PRESENTATIONS:

   A. Recognition of years of service: Dave Thomas, Electric Department, for twenty
      years; and Nicholas Romanelli, Police Department, for fifteen years.

   B. Former Library Renovation Project Plan and Budget - Ray Sharp, Public
      Works/Environmental Services Director

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. Regular meeting held October 13, 2008

   B. PURCHASING ITEMS:

       1. Purchase requisition 40187 to Software House International for the purchase of
          server and client software licenses and upgrades for $98,270.10.

       2. Invitation to Bid 80391 and purchase requisition 39863 to Gresco/Capstone for
          the purchase of three voltage regulators for the Electric Department for
          $49,682.26.

   C. RESOLUTIONS:

       1. A resolution of the City Commission of the City of Leesburg, Florida authorizing
          staff to proceed with renovations to the former library, establishing a not-to-
          exceed budget and funding source; and providing an effective date.
AMENDED AGENDA - October 27, 2008
Page 2

     2. Professional engineering services to the City as City Engineer

        A. A resolution of the City Commission of the City of Leesburg, Florida
           authorizing the Mayor and City Clerk to execute an agreement with Boyle
           Engineering, Inc. for professional engineering services as the primary firm
           acting as the City Engineer on an as needed basis; and providing an effective
           date.

        B. A resolution of the City Commission of the City of Leesburg, Florida
           authorizing the Mayor and City Clerk to execute an agreement with Jones
           Edmunds and Associates for professional engineering services as the
           secondary firm acting as the City Engineer on an as needed basis; and
           providing an effective date.

     3. A resolution of the City Commission of the City of Leesburg, Florida authorizing
        the Mayor and City Clerk to execute an agreement with GameTime c/o
        Dominica Recreation Products to provide and install playground equipment at
        two sites; 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 execute Task Order number 4 with Jones
        Edmunds and Associates for professional engineering services for compliance
        gas and groundwater monitoring services at the Leesburg Municipal Landfill;
        and providing an effective date.

     5. A resolution of the City Commission of the City of Leesburg, Florida authorizing
        the City Manager to execute a grant application and accept the grant funding, if
        awarded, from the Florida Recreation Development Assistance Program
        (FRDAP) to provide funding through the Florida Department of Environmental
        Protection (DEP) for $50,000 with no matching funds from the City of Leesburg
        for the purchase of a picnic shelter; and providing an effective date.

     6. A resolution of the City Commission of the City of Leesburg, Florida, adopting
        an Identity Theft Prevention Policy, pursuant to Federal Trade Commission's
        Fair and Accurate Credit Transactions Act of 2003(FACT) 16 CAR Part 681;
        and providing an effective date.

     7. A resolution of the City Commission of the City of Leesburg, Florida,
        authorizing the City Manager to sign agreement forms with the Federal
        Emergency Management Agency (FEMA), for public assistance reimbursement
        for expenditures in connection with Tropical Storm Fay; and providing an
        effective date.

     8. A resolution of the City Commission of the City of Leesburg, Florida, authoring
        the Mayor and City Clerk to execute a revised and corrected consent to
        assignment of ground lease among Highland Centre and Mercy Flight
        Southeast, Inc., and the City of Leesburg; and providing an effective date.
AMENDED AGENDA - October 27, 2008
Page 3

  D. OTHER ITEMS:

5. PUBLIC HEARINGS:

  COMPREHENSIVE PLAN INFORMATION SIGN-UP SHEET (YELLOW) AVAILABLE

  A. Second reading of an ordinance amending the 2007 Capital Improvement Bonds for
     the Electric Fund.

  B. Applemart and the Educational Foundation Office

     1. Second reading of an ordinance amending the Comprehensive Plan, changing
        the Future Land Use Map designation of approximately 2.53 acres, generally
        located on the west side of Lucas Street, north of Neeley Drive, south of
        Hammock Street in Section 27-19-24 – Applemart & the Educational
        Foundation Office

     2. Second reading of an ordinance rezoning approximately 2.53 acres generally
        located on the west side of Lucas Street, north of Neeley Drive, south of
        Hammock Street in Section 27-19-24, from City R-2 (Medium Density
        Residential) to City P (Public) – Applemart & the Educational Foundation
        Office

  C. Leesburg Church of God in Christ

     1. A resolution of the City Commission of the City of Leesburg, Florida authorizing
        the Mayor and City Clerk to execute an Annexation Agreement with Leesburg
        Church of God in Christ.

     2. Second reading of an ordinance annexing approxinately 1.62 east of CR. 468 and
        north of Montclair Road for the Leesburg Church of God in Christ

     3. Second reading of an ordinance amending the Comprehensive Plan, changing
        the Future Land Use Map designation of approximately 1.62 acres, generally
        located east of C.R. 468, north of Montclair Road, adjacent to Park Circle in
        Section 21-19-24 – Leesburg Church of God in Christ.

     4. Second reading of an ordinance rezoning approximately 1.62 acres generally
        located east of C.R. 468, north of Montclair Road, adjacent to Park Circle, from
        County RP (Residential Professional) to City SPUD (Small Planned Unit
        Development) - Section 21-19-24 – Leesburg Church of God in Christ.

  D. SPECIAL EVENTS ORDINANCES

     1. First Reading of an Ordinance Amending Chapter 5 - Alcoholic Beverages,
        Leesburg Code of Ordinance
AMENDED AGENDA - October 27, 2008
Page 4
       2. First Reading of an Ordinance Amending Section 15-9 - Restricted areas on
          certain waters within the city, Leesburg Code of Ordinance

       3. First Reading of an Ordinance Amending Section 25-424 (e) - Miscellaneous
          signage, Leesburg Code of Ordinance

       4. First Reading of an Ordinance Amending the Code of Ordinance to Add a
          Special Events Chapter

   E. Secret Promise

       1. First reading of an ordinance amending the Comprehensive Plan, changing the
          Future Land Use Map designation of approximately 2,104 acres from Mixed
          Low Density Residential to Mixed Use and approximately 1,643 acres from
          Mixed Low Density Residential and Conservation to Conservation in Sections
          17-21 & 28-32,-20-24 (Secret Promise).

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

   A. Monthly Financial Report for September 2008

   B. Informational report to Commission on resolution establishing local vendor
      preference for the procurement of goods and services.

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.
AMENDED AGENDA - October 27, 2008
Page 5




                             4.B.1. AGENDA MEMORANDUM



Meeting Date:           October 27, 2008

From:                   Mike Thornton, Purchasing Manager

Subject:                Requisition 40187 for the purchase of software licenses for computer server
                        and client installations



Staff Recommendation:
Staff recommends approval of purchase requisition 40187 to Software House International (SHI)
for the total amount of $98,270.10.

Analysis:
The Information Technology (IT) Department is requesting the purchase of various software
licenses for the City’s computer system infrastructure.

The software licenses requested include the MS Exchange client access license to complete the 2007
server upgrade started last year. The recently implemented police department software from OSSI
requires upgrading much older 2000 and 2005 versions of SQL Server software to the latest 2008
version. Other software is for general required upgrades to the servers in order to remain compliant
with licenses.

The software upgrades are planned and budgeted for this fiscal year. The upgrades will provide the
latest versions of software for better security, support, and performance. This will provide better
service to our citizens by making server (Internet) applications available 24/7 eliminating downtime
currently required for back-ups. Some services such as the Click-2-Gov feature of utility billing
must be taken off-line to perform regular back-ups.

The IT department has solicited quotations from 3 vendors under State of Florida contract. SHI
provided the lowest quote and therefore, should be awarded the purchase. Florida statute allows
municipalities to use State of Florida Purchase Agreements. This purchase will use contract #255-
001-01-1 for Microsoft Maintenance and Licenses.

        Table 1 – Price Quotes Received

                       Vendor Name                  Total Purchase Quote
           Software House International (SHI)           $ 98,270.10
           PC Mall.gov                                   $122,190.54
AMENDED AGENDA - October 27, 2008
Page 6
       CDW-G                                                           $123,563.22

         The detailed price quote from SHI is included in this memo for your review.

Options:
1. Approve purchase requisition 40187 to SHI for a total amount of $98,270.10; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
Funds have been approved in the Fiscal Year 2009 budget and are available in the account listed.

Submission Date and Time:                 2/10/2012 8:19 AM____

 Department: _Information Technology___    Reviewed by: Dept. Head ________   Account No. _001-1633-513.52-10__
 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 ____$184,300.00_________
 _________________________________
 Revised 6/10/04                                                              Available ___$157,163.67_______
AMENDED AGENDA - October 27, 2008
Page 7


SHI
                                                                                               Pricing Proposal
                                                                                               Quotation #: 2834624
                                                                                               Created On: Oct-07-2008
                                                                                               Valid Until: Oct-31-2008


City of Leesburg                                                                               Senior Account Executive


All Prices are in US Dollar(USD)
    Product                                                                              Qty       Retail   Your Price        Total

 1 Exchange Standard CAL 2007 Single Microsoft Volume License User CAL User CAL          500       $53.00       $40.70    $20,350.00
    Microsoft Select License Only Servers, D - Part#: 381-03131

 2 SQL Server Standard Edition 2008 Sngl Microsoft Volume License 1 Proc                   8    $4,503.00    $3,458.30    $27,666.40
    Microsoft Select License Only Servers, D - Part#: 228-08649

 3 SQL Server Standard Edition 2008 English Disk Kit Microsoft Volume License DVD 5        1       $27.00       $20.25       $20.25
   MLF
    MICROSOFT WORLD WIDE FULFILLMENT - Part#: 228-08442

 4 Windows Server Datacenter 2008 Sngl Microsoft Volume License 1 Proc                     4    $1,888.00    $1,449.98     $5,799.92
    Microsoft Select License Only Servers, D - Part#: P71-04279

 5 Windows Server Datacenter 2008 x64 English Disk Kit Microsoft Volume License DVD        1       $27.00       $20.25       $20.25
   5 MLF
     MICROSOFT WORLD WIDE FULFILLMENT - Part#: P71-03590

 6 Windows Server Enterprise 2008 Sngl Microsoft Volume License                           10    $1,851.00    $1,421.57    $14,215.70
    Microsoft Select License Only Servers, D - Part#: P72-03254

 7 Windows Server Enterprise 2008 32-bit/x64 English Disk Kit Microsoft Volume License     1       $27.00       $20.25       $20.25
   DVD 5 MLF
    MICROSOFT WORLD WIDE FULFILLMENT - Part#: P72-02841

 8 Windows Server Standard 2008 Sngl Microsoft Volume License                             31      $570.00      $437.76    $13,570.56
    Microsoft Select License Only Servers, D - Part#: P73-04241

 9 Windows Server Standard 2008 32-bit/x64 English Disk Kit Microsoft Volume License       1       $27.00       $20.25       $20.25
   DVD 5 MLF
    MICROSOFT WORLD WIDE FULFILLMENT - Part#: P73-03830

10 Windows Server CAL 2008 Sngl Microsoft Volume License User CAL User CAL               500       $23.00       $17.66     $8,830.00
    Microsoft Select License Only Servers, D - Part#: R18-02804

11 Windows Terminal Svcs CAL 2008 Single Microsoft Volume License User CAL User          140       $64.00       $49.15     $6,881.00
   CAL
    Microsoft Select License Only Servers, D - Part#: TJA-00543

12 Office Professional Plus 2007 Single Microsoft Volume License                           3      $380.00      $291.84      $875.52
    Microsoft Select License Only Apps, D - Part#: 79P-01207


                                                                                                              Shipping         $0.00
                                                                                                                 Total    $98,270.10




     10/27/08
AMENDED AGENDA - October 27, 2008
Page 8




                                              4.B.2.
                              AGENDA MEMORANDUM


Meeting Date:         October 27, 2008

From:                 Mike Thornton, Purchasing Manager

Subject:              Purchase requisition 39863 to Gresco Utility for the purchase of 3 voltage
                      regulators and platform



Staff Recommendation:
Staff recommends award of Invitation to Bid 80391 and approval of purchase requisition 39863 to
Gresco Utility for the total amount of $49,682.26.

Analysis:
The Electric Department has requested the purchase of 3 voltage regulators and installation
platform. These regulators will be installed on the electric infrastructure to maintain constant
voltage levels and improve the quality of electric power delivered to our customers.

The Purchasing Division issued Invitation to Bid (ITB) 80391 to qualified and interested parties to
provide the 3 – 46 kVA regulators with switch and installation platform. We received five responses
to the ITB. The quotations received are listed here:


                            Voltage Regulators      Installation
     Vendor Name                    (3)              Platform         Switch         Total Cost
Gresco Utility                  $46,312.11           $2,035.15       $1,335.00       $49,682.26
Tri-State Utility               $44,610.00           $3,000.00       $4,200.00       $51,810.00
Electric Supply of Tampa        $44,970.00           $2,780.00       $4,275.00       $52,025.00
HD Supply                       $46,312.11           $2,110.00       $3,690.00       $52,112.11
Stuart C. Irby                  $48,784.92           $2,064.94       $3,516.42       $54,366.28
Table 1 – Quoted Prices

The Electric Department has reviewed the submittals and pricing from each vendor. They have
determined the manufacturer submitted by the low bidder, Gresco Utility is acceptable.
Options:
1. Approve award of ITB 80391 and approval of purchase requisition 39863 to Gresco Utility; or
2. Such alternative action as the Commission may deem appropriate
AMENDED AGENDA - October 27, 2008
Page 9
Fiscal Impact:
This purchase is budgeted and funds are available in the account listed.

Submission Date and Time:                 2/10/2012 8:19 AM____

 Department: _Electric Department______    Reviewed by: Dept. Head ________   Account No. 041-1099-531-6460__
 Prepared by: _Mike Thornton_______
 Attachments:      Yes____ No __X____      Finance Dept. _______JB_________   Project No. __410012
 Advertised: ____Not Required __X____
 Dates: Posted on-line_______________      Deputy C.M. _________EFS_______    WF No. ____WF0564680/1________
 Attorney Review :    Yes___ No ____       Submitted by:
                                           City Manager ___________________   Budget _____$813,949.00_________
 _________________________________
 Revised 6/10/04                                                              Available ____$804,287.61_________



   10/27/08
AMENDED AGENDA - October 27, 2008
Page 10




                                               4.C.1.
                               AGENDA MEMORANDUM


Meeting Date:          October 27, 2008

From:                  Raymond S. Sharp, Director, Environmental Services/Public Works

Subject:               Resolution authorizing renovations to the former library, budget, and
                       funding source



Staff Recommendation:
Staff recommends approval of the former library renovation plan, not-to-exceed budget, and
funding source.

Analysis:
The City Commission has previously discussed the need to relocate the Community Development
Department from the leased spaces it presently occupies, prior to the expiration of the lease in 2009.
Also, as previously discussed, the former library building can be renovated and modular partitions
installed to provide the required space for Community Development. In addition, the space will
accommodate IT Department staff and Purchasing Division staff, as well. The former will make
space available on the second floor for Finance Department staff to relieve overcrowded conditions;
the latter will free up space in the MOC for other purposes. As a further benefit, the second floor
vault which is presently used for IT equipment storage becomes available to the City Clerk. This
will provide much needed additional secure storage for City records. A sample floor plan has
previously been presented to the Commission.

During previous presentations the renovations proposed include removal of vinyl wallpaper, repair
and/or replacement of water damaged wallboard, painting, addition of ceiling insulation,
replacement of ceiling tiles, and replacement of carpet. Other significant necessary renovations
include cleaning of HVAC ducts, condensers and appurtenances, installation of glass storefront
doors to isolate the HVAC zones from each other, electrical work, data drops and minor repair and
renovation work.

As discussed during the earlier presentation, staff from each of the work areas has provided floor
plans for the proposed spaces, consistent with current staffing levels and current storage and
equipment spaces. Most of the work areas have existing furniture which can be used in the new
configurations, so relatively little is required for furniture purchases. The majority of the cost of
modular units is for partition walls, data and power runs, and security doors where appropriate.
AMENDED AGENDA - October 27, 2008
Page 11
Cost quotations have been obtained from several vendors for the anticipated work for budgetary
purposes. Several of the cost lines are sufficiently large that they will require a formal bid process to
procure the necessary work. A breakdown of costs by area follows:

Wallpaper removal/application of knock-down texture/preparation for painting                        $ 24,000
Replacement of damaged wallboard – estimated at 48 4’x12’ sheets                                    $ 2,400
Painting – all interior walls                                                                       $ 18,000
HVAC system cleaning                                                                                $ 26,410
R-19 insulation throughout ceiling                                                                  $ 9,900
Ceiling tile removal and replacement                                                                $ 21,600
Carpet removal and replacement (commercial grade glue-down)                                         $ 48,500
Electrical and Data, including dedicated computer circuits                                          $ 40,000
Refurbish and installation of existing UPS                                                          $ 6,000
Interior glass storefront doors                                                                     $ 7,100
Relocate Computer Room Ramp                                                                         $ 1,400
Subtotal Renovation Costs                                                                           $205,310

Partitions (982 lf)                                                                                 $150,090
Furniture                                                                                           $ 24,000
Subtotal - modular partitions/ furniture                                                            $174,090

Subtotal Renovation and Modular Partitions/Furniture                                                $379,400
Contingency (5%)                                                                                    $ 18,970
Project Total                                                                                       $398,370


Options:
1. Approve the Not-to-Exceed Cost and funding source and authorize staff to proceed with the
    project; or,
2. Such alternative action as the Commission may deem appropriate.

Fiscal Impact:
The City Manager has identified available funding from the Worker’s Compensation Fund, which
has an excess fund balance. The Finance Department will prepare a budget amendment for
$400,000, transferring the authorized funds to the Capital Projects Fund.

Submission Date and Time:               2/10/2012 8:19 AM____

 Department: PublicWorks                 Reviewed by: Dept. Head RSS        Account No. _031-5193-519-6310___
 Prepared by: R. Sharp
 Attachments:      Yes____ No X          Finance Dept. _______JB_________   Project No. __310051____________
 Advertised: ____Not Required ______
 Dates: __________________________       Deputy C.M. _________EFS_______    WF No. ____WF0328043/1______
 Attorney Review :     Yes___ No ____    Submitted by:
                                         City Manager ___________________   Budget ___________0__________
 _________________________________
 Revised 6/10/04                                                            Available __________0___________
AMENDED AGENDA - October 27, 2008
Page 12

                             RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA AUTHORIZING STAFF TO
             PROCEED WITH RENOVATIONS TO THE FORMER LIBRARY,
             ESTABLISHING A NOT-TO-EXCEED BUDGET AND FUNDING
             SOURCE; AND PROVIDING AN EFFECTIVE DATE.

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

             THAT staff is authorized to proceed with renovations to the former library,
     establish a not-to-exceed budget of $398,370, and prepare an appropriate budget amendment
     transferring that amount from the Worker’s Compensation Fund to the Capital Projects
     Fund;

             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 __27th___ day of __October_______ 2008.



                                                   __________________________
                                                    Mayor

     ATTEST:


     __________________________
     City Clerk


  10/27/08
AMENDED AGENDA - October 27, 2008
Page 13




                                        4.C.2.
                                AGENDA MEMORANDUM


Meeting Date:           October 27, 2008

From:                   Mike Thornton, Purchasing Manager

Subject:                Resolutions approving execution of agreements with two firms to provide
                        professional engineering services acting as the City Engineer



Staff Recommendation:
Staff recommends approval of the resolutions authorizing execution of a continuing services
agreement with Boyle Engineering Corporation and Jones Edmunds and Associates, Inc. to provide
professional engineering services acting as the City Engineer.

Analysis:
The purpose of this solicitation was to establish an agreement with two qualified firms to provide
professional services as the City’s engineer. One firm will be designated as primary and one firm as
secondary to serve in situations where the primary may need to recluse itself to avoid any
appearance of conflict, should the primary’s established clients become involved in engineering
matters with the City.

A previous Public Works Director provided services as the City Engineer. With her departure, the
City Engineer position was left vacant. The City has unsuccessfully attempted to fill the position
with a qualified professional. Due to the unsuccessful search and growing budget constraints, staff
decided not to fill the position of City Engineer and contract with a private firm to provide the
services normally performed by an on-staff City Engineer.

All work to be performed by the private firm(s) will be directed by and coordinated through the
Environmental Services and Public Works Director. The scope of professional engineering services
includes but is not limited to performance of all tasks related to (1) consultation and technical
support to the City Manager, Department Heads and City Commission; (2) receiving and resolving
public inquiries and concerns; (3) traffic engineering; (4) engineering related field investigations; (5)
storm water and urban runoff management; (6) periodic representation of the City in dealing with
other public agencies; (7) providing technical support for grant applications; (8) services for
development of regulations and review, such as plan review and inspection of privately-funded
public improvements; and (9) working with the Engineering Division which manages the design and
construction of the City’s Annual Capital Improvement Program.
AMENDED AGENDA - October 27, 2008
Page 14
The City will negotiate the technical aspects of the scope of work, deliverables, schedule and fee on
a project-by-project basis. The Consultant’s engineering team will work on projects identified in
task orders and provide consultation and review at an hourly rate in accordance with the
professional’s fee schedule.
On July 1, 2008, the Purchasing Division issued Request for Proposals (RFP) number 80342 inviting
interested and qualified firms to submit Technical Proposals/Architect-Engineer Qualifications
Statements which demonstrated the professional qualifications and competence of their organization
by responding to specific evaluation criteria published in the RFP, by which their proposals would
be judged to determine which would be best to serve the needs of the City.

On July 24, 2008, the City received proposals from seven engineering firms. An evaluation
committee consisting of staff from Public Works, Planning and Zoning, City Manager’s Office, and
Purchasing which were familiar with engineering, construction, and acquisition matters evaluated the
responses which should have detailed their team’s qualifications, specialized experience and technical
competence in relation to the five evaluation elements of the RFP.

The State of Florida adopted the Consultants Competitive Negotiation Act (CCNA) more than 30
years ago. This law has served as ‘the standard’ as other states have studied and enacted other
qualifications-based procurement laws for professional services. The purpose of the act was to
require government agencies including municipalities to:
     Provide public notice of all projects;
     Select the most qualified firm for a particular project through consideration of firms’
        qualifications without consideration of fees; and
     Negotiate fair and reasonable fees with the selected firm(s).

This solicitation was conducted in compliance with the CCNA, Florida Statute 287.055 governing
the “Acquisition of professional architectural, engineering, landscape architectural or surveying and
mapping services,” which contains policy and procedural requirements to be followed when
soliciting, evaluating and selecting contractors to perform professional services. The CCNA requires
the evaluation of current statements of qualifications and performance data, together with those that
may be submitted by other firms regarding the proposed project demonstrating their qualifications,
approach to the project, and ability to furnish the required services.

To comply with the CCNA the solicitation included established evaluation criterion elements
successfully used to conduct similar CCNA type procurements previously. The criterion, based on
the scope of work, with their relative importance emphasized by maximum obtainable point values
were:
     Experience based on similar City engineering projects - 25 points
     Experience of key personnel - 25 points
     Project management experience - 10 points
     Experience with grant funded projects - 10 points
     Overall impression of experience and capabilities - 30 points.

In the tradition of fundamental source selection principles which stress the need to adhere strictly to
the evaluation criteria set forth in the RFP and following the evaluation and scoring methodology in
the source selection/technical evaluation plan, the proposals were evaluated by the committee in a
fair, uniform, and objective manner solely in accordance with the CCNA and evaluation criteria.
AMENDED AGENDA - October 27, 2008
Page 15
The result of those evaluations is detailed in the ranking list included here.



                           Evaluator No.                 Evaluator No.
                       1      2    3     4          1      2     3    4
                                                                                  Overall
                     Point Scores                          Ranking
 Respondents                                                                Total Ranking
 Boyle
                                                                                       1
 Engineering       90 65 91       90                 2     4    1      1         8
 Jones
                                                                                       2
 Edmunds (JE)      95 64 91       88                 1     6    1      2         10
 Kimley-Horn &
                                                                                       3
 Assoc., Inc.      84 66 88       74                 4     3    3      3         13
 Booth Ern
                                                                                       4
 Straughan Hiott   88 71 70       62                 3     1    5      5         14
 HDR
                                                                                       5
 Engineering, Inc. 83 55 82       79                 5     7    4      4         20
 Springstead
                                                                                       6
 Engineering, Inc. 38 69 52       43                 7     2    6      6         21
 Riddle-Newman
                                                                                       7
 Engineering       60 65 48       32                 6     4    7      7         24
TABLE 1 – Evaluation Scoring & Ranking

For each firm evaluated, raw point scores assigned by each member were totaled and converted to a
ranking. The rankings for each firm were totaled and then converted to an overall ordinal score.
Using this method has proven to minimize the effects of large variances in any one evaluators’
scoring. An example can be noted in TABLE 1 above in regard to the scores assigned to the highest
ranked firm.

During a consensus meeting the evaluators noted and discussed the strengths, weaknesses, and
deficiencies; and the disparity of scores where a majority of firms did not achieve at least 80 percent
of the available points with some firms attaining less than 50 percent. In this regard, the cause is
mainly attributed to the lack of relevant information regarding competence and qualifications which
the firms did not include in their responses.

Historically, acquisition research sources have indicated prospective contractors fail to provide
enough relevant information that would allow source selection panels to fully consider and
determine their qualifications. Much research in regard to contract award protests has been
conducted by procurement agencies in an effort to identify the reasons for this occurrence. Their
findings have revealed many reasons, but in most cases the main reasons were because the
solicitation contained restrictive provisions or conditions; was not written in sufficient detail to
permit an understanding of their competence and qualifications; respondents not knowing how and
where to place the information in their proposal; and what were the criterion elements (evaluation
criteria) and what is the relative importance the procuring agency places on the various elements.
AMENDED AGENDA - October 27, 2008
Page 16
Through experience, research and training the City’s Purchasing Division has strived to construct
competitive solicitation packages which provide the right information, guidance and tools to
prospective contractors which will assist and allow them to develop informative responses that will
demonstrate their competence and professional qualifications according to the scope of work and
the specific criteria published in the solicitation.

The Special Conditions in solicitation 80432 contained no restrictions. The scope of services was
clear and considered easy to follow. The response submission instructions were clear and
standardized forms (SF-330 Architect - Engineer Qualifications) were included as tools for the
Offerors to use in developing their responses and eliciting relevant information which would permit
the evaluators to make well-informed, sound judgments about competence and qualifications in
terms of the evaluation criteria. The instructions advised that failure to provide all the information
may result in rejection or reduction of evaluation points and indicated how the response was to be
formatted and where to place the information. Also, the Method of Evaluation (evaluation criteria)
clearly established the important elements of emphasis and relative value the evaluators would be
considering.

Unfortunately, in a number of other submissions responding to 80342, “Approaches” were
described in generalities and without many details. Where the solicitation invited up to ten pages of
narrative and five pages of sketches to describe a firm’s approach to working with a City and its
personnel on engineering challenges, one response included a little over one page containing a very
weak general narrative. The proposal submission created a perception the writer was under an
impression the evaluation committee was thoroughly knowledgeable in the firm’s history and its
relationship with municipal, county, and Leesburg agencies. Some evaluators did know of the firm
and due to the lack of detail responding to the criteria, the firm did not score many points in most
evaluation areas. In a number of other cases, again too many important details were omitted.
Information addressing relevant projects did not provide many details and did not establish any
connection to the many tasks required by the Scope of Work (SOW) in the solicitation.

Options:
1.    Approve execution of the agreements with the number 1 and number 2 ranked firms; or
2.    Such other action as the Commission deems appropriate.

Fiscal Impact:
The actual fiscal impact is unknown at this time. If the City were to fill the position of City
Engineer, the estimated annual compensation would be in the range of $85,531.68 to $125,573.60
based on their pay step (including benefits). Staff does not anticipate expenses for City Engineer
tasks to exceed the low end of this range.

Actual expenditures will depend on hours billed for plan review, consulting, and other fee based
services. Special projects will be estimated and detailed in separate task orders. The cost of the
project based work will be charged to the specific project. As future projects are identified
commission approval will be sought when the project cost warrants such approval. Any costs
associated with developer related work will be recovered from the private party.
AMENDED AGENDA - October 27, 2008
Page 17

Submission Date and Time:                2/10/2012 8:19 AM____

 Department: _Public Works____________    Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: _Mike Thornton_______
 Attachments:      Yes____ No __X___      Finance Dept. __________JB______   Project No. ___________________
 Advertised: _X__Not Required ______
 Dates: June 20, 2008________________     Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____      Submitted by:
                                          City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                             Available _____________________



   10/27/08
AMENDED AGENDA - October 27, 2008
Page 18
                                       4.C.2.A.
                             RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE
             CITY OF LEESBURG, FLORIDA AUTHORIZING THE
             MAYOR AND CITY CLERK TO EXECUTE AN
             AGREEMENT WITH BOYLE ENGINEERING, INC. FOR
             PROFESSIONAL ENGINEERING SERVICES AS THE
             PRIMARY FIRM ACTING AS THE CITY ENGINEER ON
             AN AS NEEDED BASIS; 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 BOYLE ENGINEERNG, INC. whose address is 1600 West Main Street, Leesburg,
     Florida 34748 for professional engineering services as the primary firm acting as the City
     Engineer pursuant to request for qualifications 80342.

             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 _27th_ day of _October________ 2008.



                                                    __________________________
                                                     Mayor

     ATTEST:


     __________________________
     City Clerk


  10/27/08
AMENDED AGENDA - October 27, 2008
Page 19
                                        4.C.2.B.
                              RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE
             CITY OF LEESBURG, FLORIDA AUTHORIZING THE
             MAYOR AND CITY CLERK TO EXECUTE AN
             AGREEMENT     WITH   JONES   EDMUNDS     AND
             ASSOCIATES FOR PROFESSIONAL ENGINEERING
             SERVICES AS THE SECONDARY FIRM ACTING AS THE
             CITY ENGINEER ON AN AS NEEDED BASIS; 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 AND ASSOCIATES, INC. whose address is 1100 Cesery
     Boulevard, Jacksonville, Florida 32211 for professional engineering services as secondary firm
     acting as City Engineer pursuant to request for proposal 80342.

             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 __27th___ day of __October_______ 2008.



                                                      __________________________
                                                       Mayor

     ATTEST:


     __________________________
     City Clerk


  10/27/08
AMENDED AGENDA - October 27, 2008
Page 20




                                                       4.C.3.
                                     AGENDA MEMORANDUM


Meeting Date:              October 27, 2008

From:                      Mike Thornton, Purchasing Manager

Subject:                   Resolution authorizing an agreement with GameTime for the purchase and
                           installation of playground equipment



Staff Recommendation:
Staff recommends approval of an agreement with GameTime for the purchase and installation of
playground equipment for $75,000.00.

Analysis:
The purpose of this project was to replace playground equipment at Corrine Williams and Jessie
Holliman parks. Following the selection of a vendor, the project was modified to replace the
equipment at Corrine Williams Park and install new equipment at the Leesburg Recreational
Complex. This modification was a result of meetings with Agnes Berry and the Caver Heights
neighborhood association regarding the vandalism problem at Jessie Holliman Park. Following the
recommendation of the neighborhood committee, staff determined the existing equipment at Jessie
L. Holliman Park would not be replaced.

Corrine Williams Park is at 2141 Woodland Blvd., Leesburg, FL 34748 (directly behind the City
Municipal Operations Center). This park consists of 1.5 acres. This park was named in honor of
Corrine Williams who has worked for the betterment of Leesburg for many years. This park will
receive new equipment consisting of the Big City Tough PowerScape System as well as swings and a
Backhoe Digger. A rendering showing some of the equipment to be installed is attached for your
review.

Instead of replacing the equipment at Jessie L. Holliman Park, the Parks & Recreation Department
determined that installing the equipment at the Leesburg Recreational Complex will better serve the
community and City. Locating the new equipment at the complex will provide several benefits: the
playground will supplement the outdoor basketball/sports court at the complex, provide activities for
children participating in other recreation programs at the gymnasium and allow siblings of basketball
and volleyball players to play outside while their sibling participates in programs at the gymnasium.

Installation of the equipment at the complex will allow the Parks and Recreation department to
participate in a nationwide initiative called Playground Learning Activities for Youth or PLAY On!
GameTime and the American Association for Physical Activity and Recreation (AAPAR) have partnered to create an activity
AMENDED AGENDA - October 27, 2008
Page 21
program to help educators and programmers use playgrounds to promote physical activity, develop
wellness habits, and meet national standards for physical fitness, all in the context of fun.

The Xscape equipment promotes upper body development when used with the PLAY On! program.
A layout of the equipment proposed for the Leesburg Recreational Complex, as well as a rendering is
attached for your review.

On July 1, 2008 the Purchasing Division issued Request for Proposal (RFP) 80352 soliciting interested
and qualified firms to submit proposals for the playground design. On July 22, 2008, staff received
eight responses. The evaluation committee consisting of Parks and Recreation staff used the following
criteria to evaluate the proposals.

                         Experience - 25 points
                         Proposed Design - 50 points
                         Alternate Proposals with Pricing - 15 points
                         Completeness of Proposal - 10 points

The committee submits the following rankings of the submittals. A detailed tabulation sheet is
attached for your review.

                         Ranking           Vendor Name
                             1             Game Time
                             2             PlayPowerLT – Farmington
                             2             Playmore West
                             3             Miracle Recreation Equipment
                             4             Play It Safe
                             4             Product Innovations
                             5             Gerber Group
                             6             Cody West Construction

Options:
1. Authorize execution of the agreement with GameTime; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
Playground renovations funding of $75,000 was budgeted in fiscal year 2006-2007, of which $74,481
was rolled to FY 2007-08 and is available to roll to FY 2008-09; the remainder ($519) will come out
of FY 2008-09 funds.

Submission Date and Time:                   2/10/2012 8:19 AM____

Department: _Parks & Recreation Dept.___    Reviewed by: Dept. Head ________   Account No. _001-8124-572.63-10__
Prepared by: _Mike Thornton___________
Attachments:      Yes__X_ No ______         Finance Dept. _______JB_________   Project No. ___________________
Advertised: _X__Not Required ______
Dates: June 30, 2008________________        Deputy C.M. ________EFS_________   WF No. ______________________
Attorney Review :    Yes___ No ____         Submitted by:
                                            City Manager ___________________   Budget _____$75,000.00_________
_________________________________
Revised 6/10/04                                                                Available ____$75,000.00_________
AMENDED AGENDA - October 27, 2008
Page 22

                            RESOLUTION NO._______________

           A RESOLUTION OF THE CITY COMMISSION OF THE
           CITY OF LEESBURG, FLORIDA AUTHORIZING THE
           MAYOR AND CITY CLERK TO EXECUTE AN
           AGREEMENT WITH GAMETIME C/O DOMINICA
           RECREATIONAL    PRODUCTS,  INC.   FOR   THE
           PURCHASE AND INSTALLATION OF PAYGROUND
           EQUIPMENT AT CORRINE WILLILAMS PARK AND THE
           LEESBURG RECREATION FACILITY; 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 GAMETIME c/o DOMINICA RECREATIONAL PRODUCTS, INC. whose address
     is PO Box 520700, Longwood, FL 32752 for the purchase and installation of playground
     equipment at two sites pursuant to Request for Proposal 80352.

            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 _27th____ day of _October________ 2008.



                                                  __________________________
                                                   Mayor

     ATTEST:


     __________________________
     City Clerk
  10/27/08
AMENDED AGENDA - October 27, 2008
Page 23




                                     4.C.4.
                              AGENDA MEMORANDUM


Meeting Date:         October 27, 2008

From:                 Mike Thornton, Purchasing Manager

Subject:              Resolution approving execution of a task order with Jones Edmunds &
                      Associates for landfill monitoring.



Staff Recommendation:
Staff recommends approval of the resolution authorizing execution of Task Order No. 4 with Jones
Edmunds & Associates, Inc. for a total amount of $65,900.00.

Analysis:
The scope of Task Order No. 4 is to perform compliance monitoring services for the City Municipal
Landfill for Fiscal Year 2008/2009, October 1, 2008 through September 30, 2009. Compliance
monitoring will be performed according to the requirements of Florida Department of
Environmental Protection (FDEP) Permit No. SF35-0124377-01, and the requirements of the
revised Monitoring Plan Implementation Schedule (MPIS) revised June 2, 2007.

The scope of this Task Order also includes Evaluation Monitoring required by FDEP for
groundwater contamination at the landfill. Additional work that may be required by FDEP outside
the work scope detailed in Task Order No. 4 is not included in the budget.

FDEP requires the City to perform this compliance monitoring, and as a result this is an ongoing
annual cost to the City. The extent of the monitoring may decrease based on the threshold
measurements obtained. It is also possible that FDEP may require increased compliance monitoring
of threshold measurements.

This Task Order will be executed under an existing continuing services contract with Jones
Edmunds & Associates, Inc. The existing continuing services contract will expire in May 2009 and
cannot be renewed. This Task Order will be effective until September 30, 2009 to insure the
compliance monitoring for fiscal year 2009 can be completed.

Options:
1. Authorize execution of Task Order No. 4 with Jones Edmunds & Associates, Inc.; or
2. Such alternative action as the Commission may deem appropriate
AMENDED AGENDA - October 27, 2008
Page 24

Fiscal Impact:
Funds for this expense have been budgeted and are available in the account listed.

Submission Date and Time:                 2/10/2012 8:19 AM____

 Department: _Public Works/Solid Waste_    Reviewed by: Dept. Head ________   Account No. _046-5142-534.31-30__
 Prepared by: Mike Thornton________
 Attachments:      Yes__X_ No ______       Finance Dept. __________JB______   Project No. ___________________
 Advertised: ____Not Required __X____
 Dates: __________________________         Deputy C.M. ________EFS________    WF No. ______________________
 Attorney Review :    Yes___ No ____
                                           Submitted by:                      Budget _____$83,520.00_________
 _________________________________         City Manager ___________________
 Revised 6/10/04                                                              Available ____$83,520.00__
AMENDED AGENDA - October 27, 2008
Page 25

                             RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE
             CITY OF LEESBURG, FLORIDA AUTHORIZING THE
             MAYOR AND CITY CLERK TO EXECUTE TASK ORDER
             NUMBER 4 WITH JONES EDMUNDS AND ASSOCIATES
             FOR PROFESSIONAL ENGINEERING SERVICES FOR
             COMPLIANCE      GAS   AND    GROUNDWATER
             MONITORING    SERVICES AT   THE   LEESBURG
             MUNICIPAL LANDFILL; 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 Task Order No. 4
     with JONES EDMUNDS & ASSOCIATES, INC. whose address is 730 ne Waldo Road,
     Gainesville, Florida 32641 for professional services to perform landfill compliance
     monitoring required by the Florida Department of Environmental Protection.

             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 _27th _ day of October 2008.



                                                   __________________________
                                                    Mayor

     ATTEST:


     __________________________
     City Clerk


  10/27/08
AMENDED AGENDA - October 27, 2008
Page 26




                                        4.C.5.
                                AGENDA MEMORANDUM

Meeting Date:           October 27, 2008

From:                   Bruce Ericson, Director of Parks & Recreation

Subject:                Resolution accepting Grant Funding, if awarded, from Florida Recreation
                        Development Assistance Program.



Staff Recommendation:
Staff recommends acceptance of the grant funds if awarded, from Florida Recreation Development
Assistance Program (FRDAP) through Florida Department of Environmental Protection (DEP) to
purchase picnic shelter to be installed at the Leesburg Recreational Facility.

Analysis:
This grant is a non-matching grant for $50,000 to purchase a picnic shelter for installation next to
the new playground at the Leesburg Recreational Facility. The proposal for this project was brought
forth by public demand, and supported through a survey for a sheltered picnic area at this site. The
purchase of this shelter was unanimously recommended by the Recreation Advisory Board at the
August 12, 2008 Recreation Advisory Board meeting.

The placement of this shelter was determined by the addition of the playground equipment and the
intention to use the Leesburg Recreational Facility as the trailhead for the Gardenia Trail.
Furthermore, the video surveillance system provides security for this improvement.

City staff submitted the grant application by the deadline of September 30, 2008. The City is not
obligated to accept the grant if awarded. The DEP will announce the projects to be funded in July
of 2009.

Options:
1. Approval to accept funding, if approved, from Florida Recreation Development
   Assistance Program or:
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
There is no direct fiscal impact since this is a non-matching grant.
AMENDED AGENDA - October 27, 2008
Page 27
Submission Date and Time: 2/10/2012 8:19 AM____

 Department: __Parks & Recreation__    Reviewed by: Dept. Head ________   Account No. __031-0000-334-7201____
 Prepared by: __Jennifer Magavero_
 Attachments:      Yes__X No ______    Finance Dept. ___________JB_____   Project No. ____NA_______________
 Advertised: ____Not Required ______
 Dates: __________________________     Deputy C.M. ________EFS________    WF No. _______NA______________
 Attorney Review :    Yes___ No ____   Submitted by:
                                       City Manager ___________________   Budget _______NA_______________
 _________________________________
 Revised 6/10/04                                                          Available ______NA_______________
AMENDED AGENDA - October 27, 2008
Page 28

                              RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA RATIFYING THE SIGNATURE OF
             THE CITY MANAGER ON THE GRANT APPLICATION AND
             APPROVING ACCEPTANCE OF THE GRANT FUNDING IF
             AWARDED,      FROM   THE   FLORIDA    RECREATION
             DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) TO
             PROVIDE      FUNDING   THROUGH    THE     FLORIDA
             DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
             FOR $50,000 WITH NO MATCHING FUNDS FROM THE CITY
             OF LEESBURG FOR THE PURCHASE OF A PICNIC SHELTER;
             AND PROVIDING AN EFFECTIVE DATE.

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

              THAT the City Manager is hereby authorized to submit a Grant to the Florida
     Recreation Development Assistance Program whose address is 3900 Commonwealth Blvd,
     Mail Station 585, Tallahassee, Florida 32399-3000, for application, submission, and
     acceptance, if awarded, grant funding for $50,000 for the purchase of a picnic shelter to be
     installed at the Leesburg Recreational Facility located at 1851 Griffin Road. This grant does
     not require a match from the City of Leesburg.

             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 __27___ day of _October___ 2008.



                                                      __________________________
                                                       Mayor

     ATTEST:


     __________________________
     City Clerk


  10/27/08
AMENDED AGENDA - October 27, 2008
Page 29




                                               4.C.6.
                               AGENDA MEMORANDUM


Meeting Date:          October 27, 2008

From:                  Jerry Boop, Finance Director, CPA, CGFO

Subject:               Resolution adopting the Identity Theft Prevention Policy



Staff Recommendation:
Staff recommends approval of the Identity Theft Prevention Policy to become effective November
1, 2008.

Analysis:
The Fair and Accurate Credit Transaction Act of 2003 (FACTA) added new sections to the federal
Fair Credit Reporting Act (FCRA, 15 U.S.C. 1681 et seq.), intended primarily to help consumers
fight the growing crime of identity theft. Accuracy, privacy, limits on information sharing, and new
consumer rights to disclosure are included in FACTA. (Pub. L. 108-159, 111 Stat. 1952). The
changes proposed in this policy will ensure compliance with FACTA and will have the additional
effect of improving the integrity of the information the City receives from customers and as a result,
will improve collections.

The program will identify “RED flags” which include patterns, practices or specific activities that
indicate the possible existence of identity theft. This will protect our citizens’ information along
with protecting the City of Leesburg by ensuring the information the customer provides is accurate.

The City currently uses Online Utility Exchange to generate credit checks. Customers agree to a
personal credit check at the applicant's expense of $5.00. If the personal credit check demonstrates
a credit record satisfactory to the city, the initial deposit may be eliminated or reduced. However,
with the new FACTA regulation, the City is required to implement the program on new accounts as
well as existing accounts. Staff recommends phasing in the existing customer credit reports each
quarter, beginning in December 2008 and each quarter thereafter, to minimize the fiscal impact.

The advantages in implementing such a program now will in the long term reduce collections and
write-offs, and the City will be able to increase its profit margin, cashflow and liquidity.

Options:
1. Approve the Identity Theft Prevention Policy effective November 1, 2008, or
2. Such alternative action as the Commission may deem appropriate
AMENDED AGENDA - October 27, 2008
Page 30
Fiscal Impact:
ONLINE Utility Exchange will charge $.40 per credit check for large batch accounts. The City has
approximately 30,000 existing customers and anticipates approximately 2,000 new customers by the
end of this fiscal year.
                                       Estimated Costs:
30,000 existing customers batched at .40 per check = $12,000.00
 2,000 new customer accounts at $5.00 per check = $10,000.00 *

*If applicant requests a waiver of deposit, the applicant will pay the $5.00 credit check.


Submission Date and Time:              2/10/2012 8:19 AM____

 Department: ______________________     Reviewed by: Dept. Head ________   Account No. 001-1332-513.49-20___
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. _____JB___________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. _______EFS_________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ____$90,000.00__________
 _________________________________
 Revised 6/10/04                                                           Available ___$90,000.00__________
AMENDED AGENDA - October 27, 2008
Page 31

                                      RESOLUTION __________

               A RESOLUTION OF THE CITY COMMISSION OF THE
               CITY OF LEESBURG, FLORIDA, ADOPTING AN
               IDENTITY THEFT PREVENTION POLICY, PURSUANT
               TO FEDERAL TRADE COMMISSION UNDER THE FAIR
               AND ACCURATE CREDIT TRANSACTIONS ACT OF
               2003(FACTA) 16 CFR PART 681; AND PROVIDING AN
               EFFECTIVE DATE.

        WHEREAS, the Federal Trade Commission, through the Fair and Accurate Credit
Transactions Act of 2003(FACTA) 16 CFR Part 681, adopted new requirements relating to the
identity theft with respect to our accounts; and

      WHEREAS, the new requirements help to identify red flags to prevent identity theft of City
customer accounts; and

        WHEREAS, the FACTA has adopted new guidelines and regulation requirements, which
require that the City:

        (1) implement a written program to detect, prevent and mitigate identity theft in
            connection with the opening of an account or any existing accounts;
        (2) identify patterns, practices, and specific forms of activity that indicate the possible
            existence of identity theft and respond to fraud and activity alerts using the Red Flag
            sources;
        (3) establish reasonable guidelines that apply in connection with a consumer’s credit or
            deposit account that has been inactive for two years;
        (4) establish reasonable procedures for notifying customers of potential identity theft;
        (5) properly dispose of consumer report information; and
        (6) ensure the program is updated periodically, to reflect changes in risks to customers
            from identity theft.

     NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF LEESBURG, FLORIDA,

         THAT the attached Identity Theft Prevention Policy is hereby adopted as an official policy
of the City of Leesburg, to govern (together will applicable provisions of State and Federal law as
they now exist or as they may hereafter be amended) the collection, use, retention and dissemination
of the information, relating to the identity theft with respect to our account holders and customers
to identify red flags and address account discrepancies. And further,

        THAT this resolution shall become effective November 1, 2008.
AMENDED AGENDA - October 27, 2008
Page 32



       PASSED AND ADOPTED by the City Commission of the City of Leesburg at the regular
meeting held October 27, 2008.

                                              __________________________________
                                              Mayor

ATTEST:


_______________________________________
City Clerk


   10/27/08
AMENDED AGENDA - October 27, 2008
Page 33




                                     4.C.7.
                                  AGENDA MEMORANDUM



Meeting Date:          October 27, 2008

From:                  Edward F. Smyth, Jr., Deputy City Manager

Subject:               Resolution authorizing the City Manager to Sign All Forms and Certifications
                       on Behalf of the City of Leesburg Associated with FEMA Public Assistance
                       Reimbursements for Tropical Storm Fay



Staff Recommendation:
Staff recommends approval of the resolution authorizing the City Manager to sign documents
related to FEMA reimbursements for Tropical Storm Fay.
Analysis:
During the period August 18, 2008 through August 25, 2008, the City of Leesburg was impacted by
Tropical Storm Fay. During this period of time of almost continuous wind and rain, there was an
accumulation of storm related debris and emergencies related to the storm. Under the Public Law
100-707, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), the
City is eligible to apply for Disaster Relief for Tropical Storm Fay.
On August 25, 2008, FEMA issued Disaster Declaration FEMA-DR-1785-FL declaring that State
and local governmental agencies are eligible Applicants for FEMA reimbursement assistance for
emergency work Category A (debris removal/disposal) and Category B (emergency protective
measures taken for the protection of the public health/safety and/or of improved property), as well
as, restoration of damaged infrastructure in Category C (roads/bridges); Category D (water control
facilities); Category E (buildings, contents, & equipment); Category F (utility systems) and Category
G (recreational and other). In addition, all 67 Florida Counties have been granted an Emergency
Declaration (FEMA-EM-3288-FL) for emergency work (Category A & B) assistance.
The City of Leesburg performed extensive work in Category B (emergency protective measures) for
this event. There was damage to one building – Category E. Donna Wright in the Finance
Department is coordinating the submissions from the affected departments and ensuring that all the
appropriate forms and reports are completed and submitted to FEMA for reimbursements.
Throughout this process, there will be numerous forms and certificates that will be necessary to
accompany submissions.
AMENDED AGENDA - October 27, 2008
Page 34
Options:
1. Grant Signature Authority to the City Manager; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
The reimbursement for Category B activities is estimated at $29,374 and Category E at $8,145.
Submission Date and Time:           2/10/2012 8:19 AM____

 Department: Administration            Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: EF Smyth, DCM
 Attachments:      Yes____ No ______   Finance Dept. _______JB_________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: _________________________      Deputy C.M. ________EFS________    WF No. ______________________

 Attorney Review : Yes___ No ____      Submitted by:                      Budget ______________________
 _______________________________       City Manager ___________________
 Revised 6/10/04                                                          Available _____________________
AMENDED AGENDA - October 27, 2008
Page 35

                             RESOLUTION NO._______________

            A RESOLUTION OF THE CITY COMMISSION OF THE
            CITY OF LEESBURG, FLORIDA, AUTHORIZING THE
            CITY MANAGER TO SIGN AGREEMENT FORMS WITH
            THE FEDERAL EMERGENCY MANAGEMENT AGENCY
            (FEMA), FOR PUBLIC ASSISTANCE REIMBURSEMENT
            FOR EXPENDITURES IN CONNECTION WITH
            TROPICAL STORM FAY; AND PROVIDING AN
            EFFECTIVE DATE.

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

              THAT the City Manager is hereby granted signature authority for all forms and
     certifications for Public Assistance Reimbursements with Federal Emergency Management
     Agency (FEMA), for Tropical Storm Fay.

            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 __27th___ day of _October________, 2008.




                                                   __________________________
                                                    Mayor

     ATTEST:



     __________________________
     City Clerk
  10/27/08
AMENDED AGENDA - October 27, 2008
Page 36




                                      4.C.8.
                               AGENDA MEMORANDUM


Meeting Date:          October 27, 2008

From:                  Betty M. Richardson, City Clerk

Subject:               Resolution authorizing execution of a revised and corrected Consent to
                       Assignment of ground lease among Highlands Centre, Mercy Flight
                       Southeast, Inc., and the City of Leesburg



Staff Recommendation:
Staff recommends approval of the revised and corrected Consent to Assignment of ground lease
among Highlands Centre, Mercy Flight Southeast, Inc., and the City of Leesburg.

Analysis:
In June 2001, the City entered into a lease with Highlands Centre for property at the Leesburg
Airport. The site was used to construct a hangar and the primary tenant since that time has been
Angel Flight Southeast. Angel Flight Southeast (now known as Mercy Flight Southeast, Inc.)
purchased the hangar from Highlands Centre, and a Consent to Assignment of Lease was approved
by the City at the February 12, 2007, meeting.

The Consent to Assignment of Lease provided for an additional five-year period in the lease term
with a current monthly rent on this site of $317.18 plus tax. This amount is adjusted every two years
based on the Consumers Price Index. The initial lease period will end June 30, 2021.

After the Commission approved the consent and during finalization of the Consent to Assignment
of Lease, staff found a misstatement in how the lease had been changed from one entity to another
entity. The Consent to Assignment of ground lease approved February 12, 2007 shows the lease
was first in the name of Pringle Development. The only Consent to Assignment of Lease on file at
the time this lease was executed was one from Highland Centre to Angel Flight Southeast. This
revised and corrected Consent to Assignment of ground lease reflects the correct transition. All
other parts of the lease remain the same.

Options:
1. Approve the revised and correct Consent to Assignment of ground lease, or
2. Such alternative action as the Commission may deem appropriate
AMENDED AGENDA - October 27, 2008
Page 37
Fiscal Impact:
There is no fiscal impact with this approval.


Submission Date and Time:              2/10/2012 8:19 AM____

 Department: ______________________     Reviewed by: Dept. Head ________   Account No. __________________
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. __________JB______   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ________EFS________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AMENDED AGENDA - October 27, 2008
Page 38


                              RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA, AUTHORING THE MAYOR AND
             CITY CLERK TO EXECUTE A REVISED AND CORRECTED
             CONSENT TO ASSIGNMENT OF GROUND LEASE AMONG
             HIGHLAND CENTRE AND MERCY FLIGHT SOUTHEAST,
             INC., AND THE CITY OF LEESBURG; 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 Revised and
     Corrected Consent to Assignment of Ground Lease Agreement among the City of Leesburg,
     Highlands Centre, whose address is 6 Cross Creek Way, Ormond Beach, Florida 32174 and
     Mercy Flight Southeast, Inc. f/k/a Angel Flight Southeast, Inc. whose address is 8864 Airport
     Boulevard, Leesburg, Florida 34788, for the purpose of consenting to the Revised and
     Corrected Consent to assignment of ground lease from Highlands Centre to Mercy Flight
     Southeast, Inc. 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 _27th____ day of _October______ 2008.



                                                      __________________________
                                                       Mayor

     ATTEST:


     __________________________
     City Clerk


  10/27/08
AMENDED AGENDA - October 27, 2008
Page 39




                                      5A.
                               AGENDA MEMORANDUM


Meeting Date:          October 13, 2008

From:                  Brandy McDaniel, Budget Manager
                       Jerry Boop, CPA, CGFO Finance Director

Subject:               Ordinance reallocating the 2007 Capital Improvement Bond for the Electric
                       Fund



Staff Recommendation:
Staff recommends adoption of the attached ordinance reallocating the 2007 Capital Improvement
Bonds for the Electric Fund.

Analysis:
As established in the Budget Policy, adopted September 28, 1998, total appropriations within a fund
cannot increase or decrease without formal action by the City Commission.

The following adjustments are required to reallocate the 2007 bond funds among the projects based
on actual and projected expenditures (see attached narrative explanation):

Project                        Current Budget                 Proposed Budget          Difference
Meters                         $       -0-                    $    120,000           $     120,000
Transformers                           -0-                         500,000                 500,000
Distribution Lines                  5,789,520                    7,257,728              1,468,208
Lighting Projects                      -0-                         200,000                 200,000
Subdivisions                       1,000,000                       815,700                (184,300)
Reconductoring                     2,733,480                     1,783,480                (950,000)
Substations                            -0-                         200,000                 200,000
                               $   9,523,000                  $ 10,876,908           $ 1,353,908

During discussions regarding the 2007 Bond Issue, the City Commission and City Manager provided
the City’s Financial Advisor, D.A. Davidson, a directive not to exceed $50,000,000 for the public
offering. The final offering for the 2007 issue came in at $46,470,000 well below the $50,000,000
directive and yielded an additional $1,000,000 to the Electric Fund for Capital Projects associated
with Distribution Lines. This amount was set aside and not used as a funding source until a need
could be identified. The Electric department has had substantial expenses for Distribution lines that
were originally to be funded from current revenue. One major Distribution line project is the
ongoing Carver Heights area conversion from overhead to underground which to date totals
AMENDED AGENDA - October 27, 2008
Page 40
$249,716. Any funds spent from current revenue have the effect of reducing cash on hand and the
cash reserve. As a result, the Finance department is requesting that the City use the additional bond
proceeds to fund the capital projects associated with the distribution lines. Reclassifying these
funds will improve the liquidity and financial position of the Electric Fund which has had to absorb
the increase in the cost of purchased power.

In addition, the pending agreement with Citigroup regarding the overpayment on the Electric
System Revenue Bonds Series 2007A yields an additional $353,908 to the Electric Fund. Due to
ongoing negotiations, this amount was not included as available proceeds from the 2007A issue.
Now that we are nearing a settlement, Citigroup has agreed to relinquish these funds to the city,
making the funds available for Electric bondable projects.

Options:
   1. Adopt the attached ordinance reallocating the 2007 Capital Improvement Bond for the
       Electric Fund; or
   2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
The only impact on the budget is the additional funds from the Citigroup settlement. The use of
additional bond proceeds ($1,000,000) has no impact on the budget as it is only a change in funding
source. The following funds will change as illustrated below:

FUND                           FY 2009 CURRENT                         CHANGE             FY 2009 AMENDED
Electric                                $ 75,953,133                      $ 353,908               $ 76,307,041


Submission Date and Time:              2/10/2012 8:19 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 _____________________
AMENDED AGENDA - October 27, 2008
Page 41

                Narrative Explanation- Reallocation of Funds 2007 Electric Fund
                          Capital Improvement Bond Funded Projects


Meters (+120,000)
Funding to include the cost of installing meters or devices for use in measuring the electricity delivered
to users.

Transformers (+500,000)
Funding to include the cost of installing overhead and underground distribution line transformers, pole-
type, and underground voltage regulators for use in transforming electricity to the voltage at which it is
to be used by the customer.

Distribution Lines (+1,468,208)
Funding to include the cost to install poles and fixtures used for supporting overhead conductors and
service wires used for distribution purposes. Additionally, funding for underground conduit,
conductors and devices used for distribution purposes.

Lighting Projects (+200,000)
Funding to include the cost to install public street and highway lighting.

Subdivisions (-184,300)
Funding to include the cost to install overhead or underground distribution specifically for subdivisions.
Due to the slowdown in the economy the funding for this project is being decreased to be used on
other pertinent projects.

Reconductoring (-950,000)
Funding to include the cost to replace existing conductors with larger wire to provide additional
capacity to meet anticipated future demand within developing areas. This project is being reduced due
replacing wire as it becomes necessary instead of doing a large scale reconductoring project on a specific
area.

Substations (+200,000)
Funding to include the cost to install station equipment, including transformer banks, which are used
for the purpose of changing the characteristics of electricity with its distribution.
AMENDED AGENDA - October 27, 2008
Page 42
                       ORDINANCE NO._______________

            AN ORDINANCE OF THE CITY COMMISSION OF THE
            CITY OF LEESBURG, FLORIDA AMENDING THE
            FISCAL YEAR 2008-09 BUDGET FOR THE ELECTRIC
            FUND;   REALLOCATING     THE   2007 CAPITAL
            IMPROVEMENT BOND FUNDS; AND PROVIDING AN
            EFFECTIVE DATE.

             WHEREAS, the City Commission of the City of Leesburg adopted a budget for Fiscal
     Year 2008-09 on September 22, 2008, which they felt was in the best interest of the citizens of
     the City of Leesburg and

            WHERAS, it is now necessary to amend the current budget for Fiscal Year 2008-09 to
     provide funds for various projects as adopted at City Commission meetings, and

            WHEREAS, such action was not anticipated in the original 2008-09 annual budget;

          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 various funds during Fiscal Year 2008-09 as reflected below,
     including all modifications or amendments made during this meeting, are hereby adopted as
     increases/decreases to the original budget for Fiscal Year 2008-09 for the City of Leesburg,
     Florida:

     ELECTRIC FUND

     ESTIMATED REVENUES AND OTHER RECEIPTS
     Other Financing Sources:
       Debt Service                                                                353,908
     TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS                                   353,908

     PROPOSED APPROPRIATIONS
     Physical Environment                                                          353,908
     TOTAL PROPOSED APPROPRIATIONS                                                 353,908

     ALL FUNDS
     ESTIMATED REVENUES AND OTHER RECEIPTS
     Other Financing Sources:
       Debt Service                                                                353,908
     TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS                                   353,908
AMENDED AGENDA - October 27, 2008
Page 43



     ALL FUNDS
     PROPOSED APPROPRIATIONS
     Physical Environment                                              353,908
     TOTAL PROPOSED APPROPRIATIONS                                     353,908

     SECTION II.

            This ordinance shall become effective upon its passage and adoption by the
     Leesburg City Commission in the manner provided by law.

             PASSED AND by the City Commission of the City of Leesburg, Florida, at a
     regular meeting held the __13___ day of __October_______ 2008.



                                               __________________________
                                                Mayor

     ATTEST:


     __________________________
     City Clerk


  10/27/08
AMENDED AGENDA - October 27, 2008
Page 44




                             5.B.1. AGENDA MEMORANDUM

MEETING DATE: October 13, 2008

FROM:                   Bill Wiley, AICP, Community Development Director

SUBJECT:                Ordinance for Small Scale Comprehensive Plan Amendment for the
                        Applemart and the Educational Foundation Office

Staff Recommendation
The Planning staff and Planning Commission recommend approval of the proposed small-scale
comprehensive plan amendment to the City’s adopted Growth Management Plan.

Analysis
The project site is approximately 2.53 acres. The property is generally on the west side of Lucas
Street, north of Neeley Drive and south of Hammock Street. The project site is ten or less acres and
is, therefore, considered a small-scale comprehensive land use plan amendment. The City will notify
the Florida Department of Community Affairs of the plan amendment and the Department will
review the project site area to confirm that it is ten acres or less. At that time, the Department will
determine that it is a local issue and not subject to Department review.

Currently, the property is undeveloped. The surrounding City Future Land Use Map designation is
Low Density to the north, east, and south. The surrounding City Future Land Use Map designation
is Institutional and Estate to the west. The existing Future Land Use Map designation for the
subject property is Low Density. The proposed Future Land Use designation of Institutional is
consistent with the City’s adopted Growth Management Plan and would allow development of the
property for a professional office use.

The Planning Commission held a public hearing on the application on September 25, 2008 and by a
vote of 6 to 0, recommended approval.

Options
1.    Approve the requested small scale comprehensive plan amendment to Institutional. or
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact
There is no fiscal impact to the City.
AMENDED AGENDA - October 27, 2008
Page 45
Submission Date and Time: 2/10/12 8:19 AM____

 Department: Community Development _           Reviewed by: Dept. Head ___X_____   Account No. _________________
 Prepared by: Bill Wiley, AICP & Mike Miller
                                               Finance Dept. __________________    Project No. ___________________
 Attachments:      Yes__X__ No ______
 Advertised: ____Not Required ______           Deputy C.M. _______EFS_________     WF No. ______________________
 Dates: __________________________             Submitted by:
 Attorney Review :    Yes_X__ No ____          City Manager ___________________    Budget ______________________

 _________________________________                                                 Available _____________________
 Revised 6/10/04
AMENDED AGENDA - October 27, 2008
Page 46
                        ORDINANCE NO. ______

        AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN FOR
        THE CITY OF LEESBURG, CHANGING THE FUTURE LAND USE
        MAP DESIGNATION OF CERTAIN PROPERTY CONTAINING
        APPROXIMATELY 2.53 ACRES AND GENERALLY LOCATED WEST
        LUCAS STREET, NORTH OF NEELEY DRIVE AND SOUTH OF
        HAMMOCK STREET LYING IN SECTION 27, TOWNSHIP 19 SOUTH,
        RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY LOW
        DENSITY TO INSTITUTIONAL; AND PROVIDING AN EFFECTIVE
        DATE. (Applemart)

        WHEREAS, the City Commission has received written objections, recommendations, and
comments from the City of Leesburg Planning Commission acting as the Local Planning Agency,
regarding amendment of the Comprehensive Plan of the City of Leesburg, and has made
recommendations to the City Commission for amendment of the Plan; and

        WHEREAS, the City Commission of the City of Leesburg has held public hearings on the
proposed amendment to the plan, in light of written comments, proposals and objections from the
general public;

        NOW, THEREFORE,

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

Section 1.

       The Growth Management Plan of the City of Leesburg, adopted by the City of Leesburg on
September 22, 2003, pursuant to the Local Government Planning and Land Development
Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of
Leesburg Planning Commission, is hereby amended in the following manner:

        The Future Land Use Map is amended by changing the designation of the parcel of
        land generally located on the west side of Lucas Street, north of Neeley Drive, south
        of Hammock Street, lying in Section 27, Township 19 South, Range 24 East, Lake
        County, Florida, legally described as:

                                             Legal Description
                                              (See Exhibit A)

        Alternate Key Number: 1354811

from City Low Density to City Institutional as shown on Attachment 1, the revised map of said area.

Section 2.

        All ordinances or part of ordinances in conflict with any of the provisions of this ordinance
are hereby repealed.
AMENDED AGENDA - October 27, 2008
Page 47



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 __________________, 2008.


                                                     THE CITY OF LEESBURG



                                                     By: ________________________________
                                                                    Mayor


ATTEST:

___________________________________
      City Clerk
AMENDED AGENDA - October 27, 2008
Page 48



                                 Exhibit A
                              Legal Description
AMENDED AGENDA - October 27, 2008
Page 49
   10/27/08
AMENDED AGENDA - October 27, 2008
Page 50




                                               5.B.2.
                               AGENDA MEMORANDUM


MEETING DATE: October 13, 2008

FROM:                  Bill Wiley, AICP, Community Development Director

SUBJECT:               Ordinance for rezoning for the proposed Applemart & the Educational
                       Office site from City R-2 (Medium Density Residential) to City P (Public).



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 P (Public).

Analysis:
The project site is approximately 2.53 acres. The property is generally located on the west side of
Lucas Street, north of Neeley Drive, south of Hammock Street as shown on the attached General
Location Map. The present zoning for this property is R-2 (Medium Density Residential). Currently,
the property is undeveloped, and the proposed use is a Professional Office. The surrounding zoning
designations are City R-2 (Medium Density Residential) to the north, east and south and City P
(Public) to the west.

The proposed zoning district of P (Public) is compatible with adjacent and nearby properties in the
area and with the existing City future land use designation of Low Density Residential, Estate and
Institutional.

The existing land uses surrounding the property are single family residential, undeveloped and a
public school.

Development of the parcel shall require connection to City utilities at the owner’s expense.

By a vote of 6 to 0, the Planning Commission voted to recommend approval.

Options:
      1.       Approve the proposed rezoning to P (Public), thereby allowing consistent zoning
               and development standards for the area.
       2.      Other such action as the Commission may deem appropriate.
AMENDED AGENDA - October 27, 2008
Page 51
Fiscal Impact:
There is no fiscal impact to the City.

Submission Date and Time:                      2/10/12 8:19 AM____

 Department: Community Development _            Reviewed by: Dept. Head ___X_____   Account No. _________________
 Prepared by: Bill Wiley, AICP & Mike Miller
                                                Finance Dept. __________________    Project No. ___________________
 Attachments:      Yes__X__ No ______
 Advertised: ____Not Required ______            Deputy C.M. ______EFS__________     WF No. ______________________
 Dates: __________________________              Submitted by:
 Attorney Review :    Yes_X__ No ____           City Manager ___________________    Budget ______________________

 _________________________________                                                  Available _____________________
 Revised 6/10/04
AMENDED AGENDA - October 27, 2008
Page 52

                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 2.53 ACRES GENERALLY LOCATED
       ON THE ON THE WEST SIDE OF LUCAS STREET, NORTH OF
       NEELEY DRIVE, SOUTH OF HAMMOCK STREET, LYING IN
       SECTION 27, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE
       COUNTY, FLORIDA, FROM CITY R-2 (MEDIUM DENSITY
       RESIDENTIAL) TO P (PUBLIC), 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 School Board of Lake County, the owner 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 P
(Public) zoning district, as legally described in Exhibit A, to-wit:

                              (See Exhibit A for Legal Description)

       Alternate Key Number: 1354811


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                      , 2008.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:
___________________________________
      City Clerk
AMENDED AGENDA - October 27, 2008
Page 53




                                    Exhibit A



                                 Legal Description:




  Alternate Key(s): 1354811

  SEC., TWP., RGE.: 27, 19, 24
  10/27/08
AMENDED AGENDA - October 27, 2008
Page 54




                                                        5.C.1.
                                               5.C.1
                                        AGENDA MEMORANDUM


MEETING DATE: October 27, 2008

From:                       Bill Wiley, AICP, Community Development Director

Subject:                    Resolution for an Annexation Agreement to annexed property for Leesburg
                            Church of God in Christ



Staff Recommendation:
Staff recommends approval of the proposed annexation agreement.

Analysis:
As a result of the proposed annexation of approximately 1.5 acres of land into the City, an
Annexation Agreement has been prepared to address the overall concepts of the development. This
Agreement provides:

       That the proposed annexation be given a zoning category of City SPUD (Small Planned Unit
        Development).
       The developer’s responsibility for the construction and installation of infrastructure related
        to the improvements of the property.

Options:
      1.          Approve the requested annexation agreement.
      2.          Disapprove the proposed annexation agreement.

Fiscal Impact
There is no fiscal impact as a result of this action.


Submission Date and Time:               2/10/12 8:19 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 ______________________
 _________________________________
                                                                            Available _____________________
AMENDED AGENDA - October 27, 2008
Page 55
 Revised 6/10/04




                                       RESOLUTION NO.

                   A RESOLUTION OF THE CITY COMMISSION OF THE
                   CITY OF LEESBURG, FLORIDA, AUTHORIZING
                   EXECUTION OF AN ANNEXATION AGREEMENT
                   BETWEEN THE CITY OF LEESBURG AND LEESBURG
                   CHURCH OF GOD IN CHRIST; AND PROVIDING AN
                   EFFECTIVE DATE.

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

THAT the Mayor and City Clerk of the City of Leesburg are hereby authorized and directed to
execute the Annexation Agreement between Leesburg Church of God in Christ and the City of
Leesburg, Florida, in the form attached as Exhibit “A” to this resolution.

That this Resolution shall be effective immediately.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular
meeting held the 27th day of October 2008.




ATTEST:



______________________________
City Clerk




   10/27/08
AMENDED AGENDA - October 27, 2008
Page 56




                                       5.C.2.

                                AGENDA MEMORANDUM


MEETING DATE: October 13, 2008

FROM:                  Bill Wiley, AICP, Community Development Director

SUBJECT:               Ordinance for annexation for Leesburg Church of God in Christ property



Staff Recommendation
The Planning staff recommends approval of the proposed annexation for the Leesburg Church of
God in Christ property.

Analysis
The property owner submitted an application for annexation of approximately 1.62 acres of land
generally located east of C.R. 468, north of Montclair Road, adjacent to Park Circle, as shown on the
attached General Location Map. The present zoning for this property is County RP (Residential
Professional). Currently, the property is undeveloped and the proposed use is a thrift store as an
accessory use for the church.

The property, currently located in the County, is bounded on all four sides by property in the City.
The annexation of the property would remove an enclave and allow for more compact urban form.

Also on the agenda for this meeting is the rezoning of this property, which is recommended for
approval by the Planning Commission. A small scale comprehensive plan amendment is also on the
agenda for this meeting.

City water and wastewater utilities are available in the area. The developer is responsible for all cost
and construction to make the necessary extension and hook-ups to City utilities in accordance with
City requirements. Police and fire services are presently provided in this area and impacts on the
provision of these services are estimated to be minimal.

Options:
1.    Approve the requested annexation. This would give the City jurisdiction over the use and
      development of the subject site and provide for application of City standards to this
      property.
2.    Disapprove the proposed annexation and allow the development to remain in the County
AMENDED AGENDA - October 27, 2008
Page 57
Fiscal Impact:
No significant fiscal impact is expected, as the size of the property falls below the guidelines for
preparation of a fiscal impact analysis.

Submission Date and Time:                    2/10/12 8:19 AM____

 Department: Community Development            Reviewed by: Dept. Head ___BW___   Account No. _________________
 Prepared by: Bill Wiley AICP, Mike Miller
 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 _____________________
AMENDED AGENDA - October 27, 2008
Page 58
                        ORDINANCE NO. ______

        AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
        ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
        APPROXIMATELY 1.62 ACRES AND BEING GENERALLY LOCATED
        EAST OF C.R. 468, NORTH OF MONTCLAIR ROAD, ADJACENT TO
        PARK CIRCLE, LYING IN SECTION 21, TOWNSHIP 19 SOUTH,
        RANGE 24 EAST, LAKE COUNTY, FLORIDA, WHICH IS
        CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF LEESBURG,
        FLORIDA, PROVIDING THAT SAID PROPERTY SO ANNEXED
        SHALL BE LIABLE FOR ITS PROPORTIONATE SHARE OF THE
        EXISTING AND FUTURE INDEBTEDNESS OF SAID CITY;
        PROVIDING THAT SUCH ANNEXED PROPERTY SHALL BE
        SUBJECT TO ALL LAWS AND ORDINANCES OF SAID CITY AS IF ALL
        SUCH TERRITORY HAD BEEN A PART OF THE CITY OF
        LEESBURG AT THE TIME OF PASSAGE AND APPROVAL OF SAID
        LAWS AND ORDINANCES; PROVIDING THAT SUCH ANNEXED
        TERRITORY SHALL BE PLACED IN CITY COMMISSION DISTRICT 2;
        AND PROVIDING AN EFFECTIVE DATE (LEESBURG CHURCH OF
        GOD IN CHRIST).

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

Section 1.

        Based upon the petition of Leesburg Church of God in Christ for the property hereinafter
described, which is contiguous to the existing city limits of the City of Leesburg, Florida, that the
property hereinafter described be annexed to the city limits of the City of Leesburg, Florida, 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 hereinafter described property is hereby
annexed and made a part of the city limits of the City of Leesburg, Florida. The subject property
lying and situate in Lake County, Florida, is more particularly described as:

                                               Legal Description
                                                (See Exhibit A)

Alternate Key Number: 1173817


Section 2.

        All of the property, real and personal, within said annexed territory, described in Section 1
above, as provided by this ordinance, and the inhabitants thereof, shall be subject to the
government, jurisdiction, powers, franchises, duties, and privileges of the City of Leesburg, Florida,
and the said annexed property shall be liable, proportionately, for all of the present outstanding and
existing, as well as future, indebtedness of the City of Leesburg, Florida; that all of the ordinances of
the City of Leesburg, and all laws heretofore passed by the Legislature of the State of Florida relating
to and which now or hereafter constitute its Charter, shall apply to and have the same force and
effect on such annexed territory as if all such annexed territory had been a part of the City of
AMENDED AGENDA - October 27, 2008
Page 59
Leesburg, Florida, at the time of the passage and approval of said laws and ordinances. The property
annexed hereby is assigned to City Commission District 2.

Section 3.

       This ordinance shall become effective immediately upon approval at second reading.

       PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the ______ day of __________________, 2008.

                                                     THE CITY OF LEESBURG

                                                     By: ___________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AMENDED AGENDA - October 27, 2008
Page 60
                                EXHIBIT A

                                       Legal Description

Parcel I.D. #: 211924000200008400

That part of Section 21, Township 19 South, Range 24 East, Lake County, Florida described as
follows:
Begin 1,575.8 feet South and 324.65 feet East of the Northwest corner of the Northeast ¼ of the
Northwest ¼ of Section 21, Township 19 South, Range 24 East, Lake County, Florida, for the
Point of Beginning; run thence North 445.54 feet to the Point of Beginning.

Together with an easement for ingress and egress as shown in Deed Book 362, Page 449, Public
Records of Lake County, Florida described as follows:
From the Northwest corner of the Northeast ¼ of the Northwest ¼ of Section 21, Township 19
South, Range 24 East, Lake County, Florida, run South 0°12’00” West along the West boundary of
the Northeast ¼ of the Northwest ¼ 1,783.57 feet to the Point of Beginning; run thence South 89°
52’30” East 324.65 feet; run thence South 0° 07’30” West 30 feet; run thence North 89° 57’30”
West 324.65 feet; thence North 0°12’00” East 30 feet to the Point of Beginning.

Alternate Key Number: 1173817




   10/27/08
AMENDED AGENDA - October 27, 2008
Page 61




                                               5.C.3.

                                AGENDA MEMORANDUM


MEETING DATE: October 13, 2008

FROM:                   Bill Wiley, AICP, Community Development Director

SUBJECT:                Ordinance for Small Scale Comprehensive Plan Amendment for the
                        Leesburg Church of God in Christ

Staff Recommendation
The Planning staff and Planning Commission recommend approval of the proposed small-scale
comprehensive plan amendment to the City’s adopted Growth Management Plan.

Analysis
The project site is approximately 1.62 acres. The property is generally on east of C.R. 468, north of
Montclair Road, adjacent to Park Circle. The project site is ten or less acres and is, therefore,
considered a small-scale comprehensive land use plan amendment. The City will notify the Florida
Department of Community Affairs of the plan amendment and the Department will review the
project site area to confirm that it is ten acres or less. At that time, the Department will determine
that it is a local issue and not subject to Department review.

Currently, the property is undeveloped. The surrounding City Future Land Use Map designation is
High Density to the north, west and east. The surrounding City Future Land Use Map designation
is low density and county urban to the south. The existing Future Land Use Map designation for
the subject property is County Urban. The proposed Future Land Use designation of High Density
is consistent with the City’s adopted Growth Management Plan and would allow development of the
property of a thrift shop as an accessory use for the church.

The Planning Commission held a public hearing on the application on September 25, 2008 and by a
vote of 6 to 0, recommended approval.

Options
1.    Approve the requested small scale comprehensive plan amendment to High Density.
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact
There is no fiscal impact to the City.
AMENDED AGENDA - October 27, 2008
Page 62

Submission Date and Time:                  2/10/2012 8:19 AM____

 Department: Community Development          Reviewed by: Dept. Head ___Yes_____   Account No. _________________
 Prepared by     Bill Wiley, AICP & Mike
 Miller                                     Finance Dept. __________________      Project No. ___________________
 Attachments:      Yes__X__ No ______
 Advertised: ____Not Required ______        Deputy C.M. ________EFS________       WF No. ______________________
 Dates: __________________________          Submitted by:
 Attorney Review :    Yes_X__ No ____       City Manager ___________________      Budget ______________________

 _________________________________                                                Available _____________________
 Revised 6/10/04
AMENDED AGENDA - October 27, 2008
Page 63
                        ORDINANCE NO. ______

             AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN
             FOR THE CITY OF LEESBURG, CHANGING THE FUTURE
             LAND USE MAP DESIGNATION OF CERTAIN PROPERTY
             CONTAINING    APPROXIMATELY     1.62  ACRES    AND
             GENERALLY LOCATED EAST OF C.R. 468, NORTH OF
             MONTCLAIR ROAD, ADJACENT TO PARK CIRCLE LYING IN
             SECTION 21, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE
             COUNTY, FLORIDA, FROM COUNTY URBAN TO CITY HIGH
             DENSITY; AND PROVIDING AN EFFECTIVE DATE.

        WHEREAS, the City Commission has received written objections, recommendations, and
comments from the City of Leesburg Planning Commission acting as the Local Planning Agency,
regarding amendment of the Comprehensive Plan of the City of Leesburg, and has made
recommendations to the City Commission for amendment of the Plan; and

        WHEREAS, the City Commission of the City of Leesburg has held public hearings on the
proposed amendment to the plan, in light of written comments, proposals and objections from the
general public;

        NOW, THEREFORE,

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

Section 1.

       The Growth Management Plan of the City of Leesburg, adopted by the City of Leesburg on
September 22, 2003, pursuant to the Local Government Planning and Land Development
Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of
Leesburg Planning Commission, is hereby amended in the following manner:

        The Future Land Use Map is amended by changing the designation of the parcel of
        land generally located east of C.R. 468, north of Montclair Road, adjacent to Park
        Circle, lying in Section 21, Township 19 South, Range 24 East, Lake County, Florida,
        legally described as:

                                             Legal Description
                                              (See Exhibit A)

        Alternate Key Number: 1173717

From City Low Density to City Institutional as shown on Attachment 1, the revised map of said
area.

Section 2.
AMENDED AGENDA - October 27, 2008
Page 64
        All ordinances or part of ordinances in conflict with any of the provisions of this ordinance
are hereby repealed.
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 __________________, 2008.


                                                      THE CITY OF LEESBURG



                                                      By: ________________________________
                                                                     Mayor


ATTEST:

___________________________________
      City Clerk
AMENDED AGENDA - October 27, 2008
Page 65



                                           Exhibit A


Parcel I.D. #: 211924000200008400

That part of Section 21, Township 19 South, Range 24 East, Lake County, Florida described as
follows:
Begin 1,575.8 feet South and 324.65 feet East of the Northwest corner of the Northeast ¼ of the
Northwest ¼ of Section 21, Township 19 South, Range 24 East, Lake County, Florida, for the
Point of Beginning; run thence North 445.54 feet to the Point of Beginning.

Together with an easement for ingress and egress as shown in Deed Book 362, Page 449, Public
Records of Lake County, Florida described as follows:
From the Northwest corner of the Northeast ¼ of the Northwest ¼ of Section 21, Township 19
South, Range 24 East, Lake County, Florida, run South 0°12’00” West along the West boundary
of the Northeast ¼ of the Northwest ¼ 1,783.57 feet to the Point of Beginning; run thence South
89° 52’30” East 324.65 feet; run thence South 0° 07’30” West 30 feet; run thence North 89°
57’30” West 324.65 feet; thence North 0°12’00” East 30 feet to the Point of Beginning.

Alternate Key Number: 1173717




   10/27/08
AMENDED AGENDA - October 27, 2008
Page 66




                            5.C.4. AGENDA MEMORANDUM



MEETING DATE: October 13, 2008

FROM:                  Bill Wiley, AICP, Community Development Director

SUBJECT:               Ordinance for rezoning for Leesburg Church of God in Christ from County
                       RP (Residential Professional) to City SPUD (Small Planned Unit Dev.)



Staff Recommendation:
The Planning staff and Planning Commission recommend approval of the proposed rezoning for
the subject property from County RP (Residential Professional) to City SPUD (Small Planned Unit
Development).

Analysis:
The project site is approximately 1.62 acres. The property is generally located on the east of C.R.
468, north of Montclair Road, adjacent to Park Circle, as shown on the attached General Location
Map. The present zoning for this property is County RP (Residential Professional). Currently, the
property is undeveloped and the proposed use is a thrift shop for the church. The surrounding
zoning designations are City R-2 (Medium Density Residential) to the west, City R-3 (High Density
Residential) to the north, east and south, along with County RP (Residential Professional) to the
south.

The proposed zoning district of SPUD (Small Planned Unit Development) is compatible with
adjacent and nearby properties in the area and with the existing City future land use designations of
High Density Residential, Low Density Residential and County Urban.

The existing land uses surrounding the property are single family residential, multi-family residential,
undeveloped and a church.

Development of the parcel shall require connection to City utilities at the owner’s expense.

By a vote of 6 to 0, 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 the area.
       2.      Other such action as the Commission may deem appropriate.

Fiscal Impact:
AMENDED AGENDA - October 27, 2008
Page 67
There is no fiscal impact to the City.

Submission Date and Time:                2/10/2012 8:19 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. _________EFS_______      WF No. ______________________
 Attorney Review :     Yes_X__ No ____    Submitted by:
                                          City Manager ___________________     Budget ______________________
 _________________________________
 Revised 6/10/04                                                               Available _____________________
AMENDED AGENDA - October 27, 2008
Page 68
AMENDED AGENDA - October 27, 2008
Page 69
                        ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 1.62 ACRES GENERALLY LOCATED
       EAST OF C.R. 468, NORTH OF MONTCLAIR ROAD, ADJACENT TO
       PARK CIRCLE, LYING IN SECTION 21, TOWNSHIP 19 SOUTH,
       RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY RP
       (RESIDENTIAL PROFESSIONAL) 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 Leesburg Church of God in Christ (Pastor Lonnie Smith), the
owner 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 County RP (Residential
Professional) 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: 1173817

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                      , 2008.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:
___________________________________
      City Clerk
AMENDED AGENDA - October 27, 2008
Page 70
CASE #:067-1-092508                                                                     EXHIBIT A


                    LEESBURG CHURCH OF GOD IN CHRIST
           REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)
                    PLANNED DEVELOPMENT CONDITIONS
                               September 25, 2008

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 Leesburg Church of
God in Christ, "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 permit a Place of Worship accessory uses such as a church thrift
shop, youth center, adult care, child care, educational center and assisted living facility uses on an
approximately 1.5 acre site within the City of Leesburg in accordance with their Planned Development
application and supplemental information.

1.    PERMISSION
      Permission is hereby granted to Leesburg Church of God in Christ 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 east of C.R. 468, north of Montclair Road, adjacent
      to Park Circle. 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 21, 2008.

             2)     Permitted Uses shall be as follows:
                    a.    Place of Worship and associated uses such as a church thrift shop, youth
                          center, adult care, child care, educational center and assisted living facility.
                    b.    Office uses in conjunction with the Place of Worship.
                    c.    Vehicular parking in conjunction with the above uses.

             3)     Uses prohibited shall be as follows:
                    a.    All other uses not specifically listed herein
      B.     Area
AMENDED AGENDA - October 27, 2008
Page 71
        The Impervious surface coverage for this site shall not exceed eighty (80) percent of the
        gross site area.

      C.    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 C.R. 468. If additional access is requested,
           approval 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 operations shall be carried on entirely within an enclosed structure, except as
            permitted under accessory uses of Section 25-284, City of Leesburg Code of
            Ordinances, as amended.

      C.   No outdoor storage areas shall be permitted.

      D.   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 construct 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 do not appear to exist on the site. However, should wetlands exist on the site,
          the following requirements shall apply. Prior to disturbance or development of any
          wetland area, the "Permittee" shall submit and receive approval from all affected
          governmental agencies to include, but not limited to, 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:
AMENDED AGENDA - October 27, 2008
Page 72
        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 shall require a traffic study for potential transportation
          improvements such as but not limited to signalization, signage or turn lanes. Any
          required improvements shall be contingent upon the site plan approval by City of
          Leesburg staff during development review/permit application. All required
          transportation improvements shall comply with regulations of the City of Leesburg,
          Lake County, the Florida Department of Transportation and the MPO review, as
          applicable.

      B.    The Permittee shall provide all necessary improvements/paving/turn lanes/right-of-
            way/signalization within and adjacent to the development including but not limited to
            right-of-way as required by Lake County or the City of Leesburg.


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 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.

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.
AMENDED AGENDA - October 27, 2008
Page 73
      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 R-3 (High Density Residential) 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.
AMENDED AGENDA - October 27, 2008
Page 74
           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.
AMENDED AGENDA - October 27, 2008
Page 75

LEGAL DESCRIPTION                                                              EXHIBIT B


That part of Section 21, Township 19 South, Range 24 East, Lake County, Florida described as
follows:
Begin 1,575.8 feet South and 324.65 feet East of the Northwest corner of the Northeast ¼ of the
Northwest ¼ of Section 21, Township 19 South, Range 24 East, Lake County, Florida, for the
Point of Beginning; run thence North 445.54 feet to the Point of Beginning.

Together with an easement for ingress and egress as shown in Deed Book 362, Page 449, Public
Records of Lake County, Florida described as follows:
From the Northwest corner of the Northeast ¼ of the Northwest ¼ of Section 21, Township 19
South, Range 24 East, Lake County, Florida, run South 0°12’00” West along the West boundary of
the Northeast ¼ of the Northwest ¼ 1,783.57 feet to the Point of Beginning; run thence South 89°
52’30” East 324.65 feet; run thence South 0° 07’30” West 30 feet; run thence North 89° 57’30”
West 324.65 feet; thence North 0°12’00” East 30 feet to the Point of Beginning.

Parcel I.D. #: 211924000200008400
AMENDED AGENDA - October 27, 2008
Page 76
AMENDED AGENDA - October 27, 2008
Page 77

EXHIBIT C                           CONCEPTUAL SITE PLAN
AMENDED AGENDA - October 27, 2008
Page 78


  10/27/08
AMENDED AGENDA - October 27, 2008
Page 79




                                          5.D.1.
                                   AGENDA MEMORANDUM



Meeting Date:           October 27, 2008

From:                   Edward F. Smyth, Jr., Deputy City Manager

Subject:                Ordinance amending Chapter 5 – Alcoholic Beverages, Leesburg Code of
                        Ordinance



Staff Recommendation:
Staff recommends adopting the ordinance to amend Chapter 5 – Alcoholic Beverages, of the Code
of Ordinance.
Analysis:
During the research to create a stand-alone Special Events Ordinance, a number of anomalies were
discovered in this ordinance related to the sale of alcoholic beverages in the downtown area. These
anomalies were noted for the City Attorney’s review, in conjunction with his review of the Special
Events ordinance.
There were a number of code references where the section had been repealed or renumbered in the
past, and these references had not been removed from this section. In addition to these references,
the City Attorney noted a number of provisions in this ordinance that were either unconstitutional,
or would not withstand a legal challenge to the provision in court. Finally, the requirements for
insurance coverage were no longer sufficient to protect the City from losses that could occur as a
result of approving a group or individual to sell or have sold alcoholic beverages on City property or
in rights-of-way.
This chapter has added language that is parallel to the language contained in the Special Events
ordinance related to safety and security of the alcohol venues, and requirements for sanitary facilities
that comply with those of the Health Department sections of the Florida Administrative Code.
Options:
1. Approve the amendment, or
2. Such alternative action as the Commission may deem appropriate
AMENDED AGENDA - October 27, 2008
Page 80
Fiscal Impact:
There is no negative fiscal impact to adopting these amendments to this ordinance.
Submission Date and Time:             2/10/2012 8:19 AM____

 Department: _____Administration___    Reviewed by: Dept. Head _______   Account No. _________________
 Prepared by: ____EF Smyth, DCM_
 Attachments: Yes____ No ______        Finance Dept. ____JB___________   Project No. ___________________
 Advertised: ____Not Required ____
 Dates:                                Deputy C.M. _____EFS ________     WF No. ______________________
 __________________________
 Attorney Review : Yes___ No ____      Submitted by:                     Budget ______________________
 _______________________________       City Manager __________________
 Revised 6/10/04                                                         Available _____________________
AMENDED AGENDA - October 27, 2008
Page 81
                        ORDINANCE NO. ______

            AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
            AMENDING SECTIONS 5-1, 5-2, AND 5-6, OF CHAPTER 5,
            ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES
            OF THE CITY OF LEESBURG, FLORIDA; PROVIDING A
            DEFINITION FOR SPECIAL EVENTS; ADDING THE
            CENTRAL BUSINESS DISTRICT TO THE ZONES IN WHICH
            CERTAIN ALCOHOLIC BEVERAGES MAY BE SOLD;
            PERMITTING THE SALE OF ALCOHOLIC BEVERAGES BY
            THOSE WHO RECEIVE SPECIAL EVENTS PERMITS;
            PROVIDING FOR REQUIREMENTS FOR THOSE WHO
            RECEIVE SPECIAL EVENTS PERMITS; PROVIDING
            INSURANCE     REQUIREMENTS;     PROVIDING     FOR
            CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING
            AN EFFECTIVE DATE.

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

                SECTION 1.

        Sections 5-1, 5-2, and 5-6 of Chapter 5, Alcoholic Beverages, of the Code of Ordinances of
the City of Leesburg, Florida, is hereby amended in its entirety to read as set forth below:

Sec. 5-1 Definitions.
As used in this chapter, the terms listed below shall have the meanings shown:
Intoxicating beverages shall mean all liquors, wines, beers and other beverages containing more than
three and two-tenths (3.2) percent of alcohol by weight.
Sale or any variation thereof (i.e. sold, selling, etc.) shall, in addition to the ordinary meaning of the
term, include the giving away or other provision, by any establishment holding an occupational
license (regardless of the business category for which the license was issued), to its patrons, of
intoxicating beverages, without payment of money or other consideration.
Special Event shall have the same meaning as that provided in Chapter 26 of the Code of Ordinances.
Sec 5-2 Beverages containing more than three and two-tenths percent alcohol by weight;
areas where sale permitted
  (a) In order to preserve the public peace and safety of the citizens of the city, all beverages
  containing more than three and two-tenths (3.2) percent of alcohol by weight in the city shall be
  sold only within any area zoned Commercial "C-1," Commercial "C-2," Commercial "C-3,"
  Central Business District “CBD,” or Industrial "M-1."
  (b) Hotels shall be excepted from the provisions of this section. The term "hotel" in construing
  this section shall mean any establishment generally accepted as a hotel and having forty (40) rooms
  or more for accommodation of guests. Nationally organized fraternal orders or lodges shall be
  excepted from the provisions of this section.
AMENDED AGENDA - October 27, 2008
Page 82
 (c) Any licensed and established business for the sale of intoxicating liquors containing more
 than three and two-tenths (3.2) percent of alcohol by weight in the city which were licensed by the
 city on December 15, 1945, shall be excepted from the terms of this section.
Sec. 5-6 Consumption of and open containers prohibited on public property; exceptions.
 (a) It shall be unlawful for any person to consume, or to possess an open container of, any
 alcoholic beverage, including but not limited to beer and wine, upon any of the following
 properties used by the city: Parks, beaches, athletic or sports facilities, playgrounds, properties,
 streets, alleys, or sidewalks; provided, that this section shall not apply to any property leased from
 the city on a short or long term basis, by private organizations or parties, civic clubs and the like.
 This provision shall not apply within the area designated for the Special Event, where any group
 or individual has obtained a Special Event permit and has been authorized in the permit to sell or
 have sold alcoholic beverages.
 (b) It shall not be a violation of subsection (a) for a person to engage in the activity prohibited
 by subsection (a) if the activity meets one of the following conditions:
       (1)      The activity is a part of, and in an area designated for a Special Event. The
 consumption of alcoholic beverages upon a public street or other public area may be permitted as
 a part of that event, subject to the conditions imposed by this section and the permit.
       (2)     The vendor of alcoholic beverages is duly licensed as such under the laws of Florida
 and has been granted a temporary permit, pursuant to this section, permitting such consumption
 to occur in a specified area as a part of a special event; however, in no event shall any permit be
 granted for consumption of alcoholic beverages within Rogers Park located on 9th Street.
       (3)     The following conditions shall be met by the vendor/permittee:
               (i) The area authorized for the sale of alcohol shall be directly adjacent to the main
                   business premises of the permittee where alcohol is sold in the normal course of
                   business.
               (ii)   A site plan shall be submitted delineating the area where the permittee
                      proposes to sell or dispense alcohol upon public property, and that area shall
                      be enclosed by a perimeter, such as a fence or tent, with a single point of
                      ingress and egress, to control access to and from the area. The area shall also
                      be included within the premises described in the beverage license issued to the
                      permittee by the state as an area within which the permittee is permitted by the
                      state to serve alcohol. The fire marshal will assign a maximum capacity to the
                      area and the permittee shall enforce this maximum capacity and shall not allow
                      it to be occupied at any time by more persons than the assigned maximum
                      capacity.
               (iii) The access point into and out of the serving area shall be marked with signs
                      informing patrons that alcoholic beverages are not to be taken past the
                      perimeter of the area shown on the site plan, and the permittee shall staff the
                      entrance with such personnel as are necessary to enforce this condition.
               (iv) Alcohol shall be served only in cups, not in cans or in glass bottles, glasses or
                    other glass containers.
               (v) The permittee shall provide such additional rest room facilities (e.g. portable
                    potties) as are sufficient to comply with the requirements of paragraph
                    (c)(2)(iv) below. The permittee shall also provide sufficient trash receptacles to
AMENDED AGENDA - October 27, 2008
Page 83
            serve the patrons of the permittee so as to prevent the littering of cups,
            napkins and other debris.
             (vi) The permittee shall obtain all necessary building permits and other licenses and
                  approvals for any tent or other structure erected to facilitate use of the area
                  covered by the permit. Under no circumstances shall any concrete or asphalt
                  on public property be punctured or otherwise damaged by the placement or
                  removal of any tent or other structure, and if such damage occurs the permittee
                  shall be liable for the full cost of repairs. The permittee shall comply with all
                  applicable laws, rules and regulations in the operation of its business within the
                  permitted area.
    (c) Any individual or organization may submit a written request to the City Manager or
    designee requesting a temporary permit granting an exception to subsection (a) for a special
    event or occasion in a specifically defined area. The request must be submitted a minimum of
    sixty (60) days prior to the beginning of the proposed event. The request must contain a
    detailed description of the special event proposed to be conducted. The City Manager or
    designee will coordinate review of the request by the police department and such other
    departments as the city manager shall designate. The city reserves the right to disapprove any
    such request and in doing so, may take the following into consideration: (1) whether any
    department determines the Event to be inconsistent with the public interest or to have any
    adverse effect on the public safety, health, or welfare;(2) whether the Event is compatible with
    the adjacent and surrounding land uses; (3) whether the hours of operation of the event would
    create a nuisance to residential areas nearby; (4) whether inspection by the Building Official,
    Police Chief or designee, Fire Chief or designee, or other authorized public official,
    determines that the site is insufficient to accommodate the anticipated number of attendees;
    (5) whether there is adequate parking available to accommodate the anticipated number of
    attendees; (6) whether an authorized public safety official determines that the site of the event
    does not meet requirements established for similar assemblies, established by law. A permit
    may be issued if each of the following conditions is observed:
      (1) The individual or organization maintains compliance with all applicable laws and
          regulations relating to the sale of or dispensing of alcoholic beverages.
      (2) The individual or organization has executed an agreement with the city at least thirty (30)
          days in advance of the event, which agreement shall contain, but shall not be limited to,
          the following provisions:
             (i)     The designated event date and the hours, and the dates and hours during
             which alcoholic beverages will be sold or consumed. The city shall retain, in its sole
             discretion, the right to approve or disapprove such dates and hours;
             (ii)  A plan for enforcing, restricting or controlling access to the special event area
             which must be approved by the City Manager or designee, and any other
             governmental agency which may have jurisdiction;
             (iii)   A plan for police protection and crowd and traffic control. The plan and the
             personnel necessary to implement the plan shall be approved by the chief of police
             and all resources necessary to implement the plan shall be furnished at the expense
             of the individual or organization. In the discretion of the chief of police, officers of
             the police department may be required to be in attendance at the event. The costs for
             provision of City of Leesburg Police personnel at events required to have such
             services under this Chapter shall be the current regular prevailing hourly rates
AMENDED AGENDA - October 27, 2008
Page 84
         pursuant to collective bargaining agreements, Personnel Rules and Regulations and
         procedures, and other established City employee pay schedules. Costs for operating
         specialized equipment (i.e. golf carts, all terrain vehicle’s, boats, etc. ) required for the
         provision of public safety services for the special event, as determined by City of
         Leesburg Police and Fire Departments, shall be the responsibility of the applicants,
         promoters, and sponsors.
               (iv) Sanitary facilities, in the form of portable toilets, shall be provided by applicants,
               promoters, or sponsors of special events to supplement the available facilities at any
               given venue in light of the projected number of attendees and participants, based upon
               consultation with the City of Leesburg Community Development department as to the
               total number of facilities necessary to comply with the Lake County the Health
               Department’s Portable Restroom Requirements for Special Events Standards, existing
               health laws and sanitation, and plumbing codes and standards; provided that there shall
               be at least one portable restroom for each 250 persons expected to be in attendance.
               (Reference §64E-6.0101 FAC as it may be changed, modified or amended.)
               (v) The applicant shall pay the City via immediately available funds by cashier’s
               check, certified check, wire transfer or money order, within ten (10) business days
               after conditional approval, fifty percent (50%) of the total costs for the City
               personnel, materials and services required by this Chapter. The balance due shall be
               paid to the City in the same manner, by no later than the conclusion of the special
               event. A posting of an adequate security bond or other security in an amount
               approved by the recreation and parks department, public works department, and the
               city manager to ensure that litter generated by the event will be collected, and that
               the event area will be cleaned upon conclusion of the event and to pay the cost to
               repair any damages to city property arising out of the event. If the applicant is unable
               to obtain the bond or irrevocable letter of credit required by this Chapter, then the
               applicant must pay in advance in immediately available funds by cashier’s check, wire
               transfer, certified check or money order, within ten (10) business days after
               conditional approval, the total costs for City personnel, materials and services
               required by this Chapter.
               (vi)  The individual or organization shall indemnify and hold the city, its officials,
               and employees harmless from any claim.
               (vii)   Production of proof of insurance as follows:
                         (a)    The Event Organizer must possess or obtain comprehensive general
               liability insurance to protect the City against loss from liability imposed by law for
               damages on account of bodily injury and property damage arising from the Event.
               Such insurance shall contain a waiver of subrogation in favor of the City and shall
               name The City of Leesburg, its officers, employees, and agents and, as required, any
               other public entity involved in the Event, as additional insured. Insurance coverage
               must be maintained for the duration of the Event. Notice of cancellation shall be
               provided immediately to the City.
                      (b)     Comprehensive general liability insurance coverage shall be required
               and shall be in a combined single limit of at least one million dollars ($1,000,000).
               The City reserves the right to change or modify this requirement as deemed
               necessary or appropriate by the City’s Risk Manager.
AMENDED AGENDA - October 27, 2008
Page 85
                 (c)      If the Event is of a demonstrated high or low risk category, according
         to recognized insurance and risk management standards, the City Manager or
         designee may authorize a greater or lesser amount of coverage than required by this
         Section or may require a particular type of insurance coverage different from that
         specified in this Section.
                        (d)     The insurance required by this Section shall encompass all liability
                insurance requirements imposed for other permits required under other sections of
                this Code and is to be provided for the benefit of the City and not as a duty, express
                or implied, to provide insurance protection for spectators or participants.
                       (e)     Proof of the Event Organizer’s required insurance(s) shall be
                provided in the form of a Certificate of Insurance, and shall be filed with the City
                Manager or designee at least sixty (60) calendar days before the Event, unless the
                City Manager or designee for good cause modifies the filing requirements.
                (viii)   The city reserves the right to immediately revoke the temporary permit, and
                         to suspend or terminate the event or any portion of it if any of the elements
                         of the agreement are violated, or if deemed necessary for the protection of
                         the general peace, property, life or limb. In such case, all fees and charges
                         shall be non-refundable.
                (d)     The discretion granted to the City Manager or designee under this section, to
                grant exceptions, require the presence of police officers at a function, or terminate
                any permit issued under subsection (b), may be exercised for any purpose or in any
                manner which is lawful under the Constitution or laws of the United States or the
                state, but shall not be exercised in an arbitrary or capricious manner. Such discretion
                shall be exercised with regard to the protection of life, limb and property, and the
                preservation of the public safety, health and welfare, according to the judgment of
                the City Manager or designee based on the facts and circumstances of each case.
SECTION 2.

        All ordinances or part 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 ordinance, in which case those ordinances so affected shall be hereby
repealed in their entirety. All portions of Chapter 5 not specifically amended by this Ordinance shall
continue in effect as they existed on the date this Ordinance was enacted.

SECTION 3.

         If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that
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 the ordinance shall
continue in full force and effect as if it were enacted without including the portion found to be
invalid or unenforceable.

SECTION 4.

        This Ordinance shall become effective upon its passage and adoption according to law.
AMENDED AGENDA - October 27, 2008
Page 86
       PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the ______ day of ______________, 2008.

                                              THE CITY OF LEESBURG


                                              By: __________________________
                                                     Mayor

ATTEST:

_______________________________
City Clerk


   10/27/08
AMENDED AGENDA - October 27, 2008
Page 87




                                            5.D.2.
                                     AGENDA MEMORANDUM



Meeting Date:            October 27, 2008

From:                    Edward F. Smyth, Jr., Deputy City Manager

Subject:                 Ordinance amending Section 15-9 - Restricted areas on certain waterways
                         within the city, Leesburg Code of Ordinance



Staff Recommendation:
Staff recommends adopting the ordinance to amend Section 15-9 - Restricted areas on certain
waterways within the city, of the Code of Ordinance.
Analysis:
During the City Attorney’s review Special Events Ordinance, a conflict was noted in this section.
The City Attorney has recommended that this section be amended to avoid conflicts within the
Code of Ordinances.
Options:
1. Approve the amendment;
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
There is no negative fiscal impact to adopting these amendments to this ordinance.
Submission Date and Time:            2/10/2012 8:19 AM____

 Department:                          Reviewed by: Dept. Head _______   Account No. _________________
 ______________________
 Prepared by: ____________________    Finance Dept. ______JB_________   Project No. ___________________
 Attachments: Yes____ No ______
 Advertised: ___Not Required _____    Deputy C.M. ________EFS_______    WF No. ______________________
 Dates: ________________________
 Attorney Review : Yes___ No ____     Submitted by:                     Budget ______________________
                                      City Manager __________________
 _______________________________                                        Available _____________________
 Revised 6/10/04
     AMENDED AGENDA - October 27, 2008
     Page 88
                             ORDINANCE NO. ______

             AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
             AMENDING SECTION 15-9 OF THE CODE OF ORDINANCES OF
             THE CITY OF LEESBURG, FLORIDA; PERTAINING TO RESTRICTED
             AREAS ON CERTAIN WATERWAYS WITHIN THE CITY; REMOVING
             REFERENCES TO SPECIAL EVENTS; PROVIDING FOR CONFLICTS;
             PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
             DATE.

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

SECTION 1.

              Section 15-9 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended
     in its entirety to read:

     Sec. 15-9. Restricted areas on certain waters within the city.

             (a) Restricted areas designated. The following waterways within the corporate limits of the City
             of Leesburg are "restricted areas":
                      (1) That area of Venetian Gardens Cove from the entrance of same at Monkey
                      Island on Big Lake Harris northward;
                      (2) That portion of the 9th Street Canal beginning at its entrance on Big Lake
                      Harris at 28°47'34" North Latitude 81°52'50" West Longitude;
                      (3) That portion of the Herlong Park Canal on Lake Griffin extending from the
                      launch ramp northward to 28°48'54" North Latitude 81°52'07" West Longitude.
             (b) Definitions.
                      (1) Restricted areas are areas on waterways where the speed of vessels is limited to
                      "Slow Down/Minimum Wake or Idle Speed/No Wake."
                      (2) Wake means visible track of turbulence and consequent lateral waves left by
                      passage of a vessel through water.
                      (3) No wake means that vessel speed which is the minimum required to maintain
                      headway and does not produce a wake.
                      (4) Minimum wake means that a vessel is operated at such a speed that the track of
                      turbulence and lateral waves produced by the passage of the vessel through the water
                      is of the lowest height possible above the surface of the water.
                      (5) Vessel wake is the movement of waves created by the motion of the vessel. It is
                      the track or path that the vessel leaves behind it.
             (c) Civil penalty. Violation of the restrictions imposed by this section are non-criminal
             infractions. The civil penalty for any such infraction is thirty-five dollars ($35.00). Any
             person cited for a violation shall be cited to appear before county court.
             (d) Restrictions applicable to 9th Street Canal restricted waterway area. The following restrictions
             shall apply to the 9th Street Canal restricted waterway area:
             Beginning at 28°48'08" North Latitude and 81°28'42" West Longitude the speed of vessels
             proceeding in any direction shall be restricted to "Idle Speed/No Wake."
             Beginning at 28°47'59" North Latitude and 81°53'01" West Longitude the speed of vessels
             proceeding in any direction shall be restricted to "Idle Speed/No Wake."
AMENDED AGENDA - October 27, 2008
Page 89
       Beginning at 28°47'59" North Latitude and 81°52'54" West Longitude the speed of vessels
       proceeding in any direction shall be restricted to "Slow Speed/Minimum Wake."
       Beginning at 28°47'52" North Latitude and 81°52'59" West Longitude the speed of vessels
       proceeding in any direction shall be restricted to "Slow Speed/Minimum Wake."
       Beginning at 28°47'34" North Latitude and 81°52'50" West Longitude the speed of vessels
       proceeding in a northerly direction shall be restricted to "Slow Speed/Minimum Wake."
       (e) Restrictions applicable to Venetian Gardens Cove restricted waterway area. The following
       restrictions shall apply to the Venetian Gardens Cove restricted waterway area:
       The entire area of the Venetian Gardens Cove, and all intersecting canals, lying northward of
       a line, commencing at the point on the westerly shore which lies closest to the shore of
       Monkey Island, and continuing in a straight line from said point of commencement to the
       closest point thereto lying on Monkey Island and continuing in a straight line to the easterly
       shore and terminus of such line, is hereby designated an "Idle Speed/No Wake" zone at all
       hours.
       (f) Restrictions applicable to Herlong Park Canal restricted waterway area. The following restrictions
       shall apply in the Herlong Park Canal restricted waterway area:
       Beginning at 28°48'54" North Latitude and 81°52'07" West Longitude the speed of vessels
       proceeding in a southerly direction shall be restricted to "Slow Speed/Minimum Wake."
       Beginning at 28°48'52" North Latitude and 81°52'07" West Longitude the speed of vessels
       proceeding in a northerly direction shall be restricted to "Slow Speed/Minimum Wake" and
       the speed of vessels proceeding in a southerly direction shall be restricted to "Idle Speed/No
       Wake."
       (g) Posting of signs. Signs reflecting these restrictions shall be posted at each location.
       (h) The discretion granted to the recreation and parks department director and to the chief
       of police under this section, to grant exceptions, require the presence of police officers at a
       function, or terminate any permit issued under subsection (h) of this section, may be
       exercised for any purpose or in any manner which is lawful under the Constitution or laws of
       the United States or the state, but shall not be exercised in an arbitrary or capricious manner.
       Such discretion shall be exercised with regard to the protection of life, limb and property,
       and the preservation of the public safety, health and welfare, according to the judgment of
       the recreation and parks department director and the chief of police based on the facts and
       circumstances of each case.

SECTION 2.

        All ordinances or part 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 ordinance, in which case those ordinances so affected shall be hereby
repealed in their entirety

SECTION 3.

         If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that
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 the ordinance shall
continue in full force and effect as if it were enacted without including the portion found to be
invalid or unenforceable.

SECTION 4.
AMENDED AGENDA - October 27, 2008
Page 90

      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 ______________, 2008.


                                                   THE CITY OF LEESBURG


                                                   By: __________________________
                                                          Mayor

ATTEST:

_______________________________
City Clerk


   10/27/08
AMENDED AGENDA - October 27, 2008
Page 91




                                            5.D.3.
                                     AGENDA MEMORANDUM



Meeting Date:            October 27, 2008

From:                    Edward F. Smyth, Jr., Deputy City Manager

Subject:                 Ordinance amending Section 25-424 (e) - Miscellaneous signage, Leesburg
                         Code of Ordinance



Staff Recommendation:
Staff recommends adopting the ordinance to amend Section 25-424 (e) - Miscellaneous signage, of
the Code of Ordinance.
Analysis:
During the City Attorney’s review Special Events Ordinance, a conflict was noted in this section.
The City Attorney has recommended that this section be amended to make specific reference to the
Special Event ordinance.
Options:
1. Approve the amendment;
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
There is no negative fiscal impact to adopting these amendments to this ordinance.
Submission Date and Time:            2/10/2012 8:19 AM____

 Department: Administration_          Reviewed by: Dept. Head _______   Account No. _________________
 Prepared by: __EF Smyth________
 Attachments: Yes____ No ______       Finance Dept. _____JB__________   Project No. ___________________
 Advertised: __Not Required ______
 Dates: ________________________      Deputy C.M. ______EFS_ _____      WF No. ______________________
 Attorney Review : Yes___ No ___
 _______________________________      Submitted by:                     Budget ______________________
                                      City Manager __________________
 Revised 6/10/04                                                        Available _____________________
     AMENDED AGENDA - October 27, 2008
     Page 92
                             ORDINANCE NO. ______

             AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
             AMENDING SECTION 25-424 OF THE CODE OF ORDINANCES OF
             THE CITY OF LEESBURG, FLORIDA; PERTAINING TO SIGN
             PERMITS; REFERRING TO THE SPECIAL EVENTS ORDINANCE;
             PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE;
             PROVIDING AN EFFECTIVE DATE.

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

SECTION 1.

           Section 25–424 of the Code of Ordinances of the City of Leesburg, Florida, is hereby
     amended in its entirety to read:
     Sec. 25-424. Permitted signs.
             (e) Miscellaneous signage.
                     (7) Special events.
                            a. Temporary signs not prohibited by this chapter are permitted for purposes
                            such as: art festivals; bicycle festivals; civic events; parade of homes;
                            triathlons; fairs; carnivals and rodeos, and other special events as determined
                            by the city manager or designee for which a permit has been issued under the
                            Special Events Ordinance.
                            b. No signs may be placed in the public right-of-ways. A single permit can be
                            issued to cover all signs on private property for one (1) event.
                            c. Display of temporary signs for special events shall not exceed fourteen (14)
                            days.
                            d. Special event signs shall not exceed forty-eight (48) square feet.
                            e. The placement and removal of special event signs shall be the
                            responsibility of the person or organization sponsoring the event but no such
                            signs shall violate the conditions of the Special Event permit or any portion
                            of the Special Events Ordinance.
                            f. A permit under this article is not required.
                            (8) Menu boards must not exceed thirty-two (32) square feet of sign area and
                            must be oriented toward the drive-through area, which it is to serve. Only
                            one (1) outdoor menu board and one (1) pre-menu board shall be permitted,
                            per order window, on a lot. Menu boards must be internally illuminated.
AMENDED AGENDA - October 27, 2008
Page 93
SECTION 2.

        All ordinances or part 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 ordinance, in which case those ordinances so affected shall be hereby
repealed in their entirety

SECTION 3.

         If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that
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 the ordinance shall
continue in full force and effect as if it were enacted without including the portion found to be
invalid or unenforceable.

SECTION 4.

        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 ______________, 2008.

                                                        THE CITY OF LEESBURG


                                                        By: __________________________
                                                               Mayor

ATTEST:

_______________________________
City Clerk


    10/27/08
AMENDED AGENDA - October 27, 2008
Page 94




                                         5.D.4.
                                  AGENDA MEMORANDUM



Meeting Date:          October 27, 2008

From:                  Edward F. Smyth, Jr., Deputy City Manager

Subject:               Ordinance Amending the Code of Ordinance to Add a Special Events
                       Chapter



Staff Recommendation:
Staff recommends adopting the revised ordinance to create a comprehensive Special Events
(Chapter 26) to the City of Leesburg Code of Ordinance and repeal the section 25-123 – Special
Events permits of the Land Development Code (Code of Ordinance - Chapter 25 Zoning).
Analysis:
Staff has worked with the City Attorney and interested parties in the community, and made a
number of revisions to Chapter 26 – Special Events ordinance, as originally proposed. As a result,
some definitions have been expanded to identify who and under what circumstances a special event
permit is required. The resulting legislation is considerably less restrictive, in many instances, than
the currently existing special events ordinance, and offers downtown businesses, community groups
and individuals opportunities to partner with the event sponsors to raise funds for their
organizations and causes.
Ordinance 96-18 adopted May 1996 originally evolved as a result of a variety of individuals setting
up “on the fly” fruit stands in vacant lots and parking lots and along the road sides. The intent was
to control who was doing business within the City and to place the roadside vendors on a relatively
equal footing with local businesses. The ordinance has been amended several times since it was
originally created, specifically to address different types of events as they were conceived. The most
recent changes (Amending §25.80 adopted September 2003) were to address the activities of private
not for profit organizations that were holding festivals and events primarily in the downtown
business district.
In the current environment, the festivals and events in the downtown are the primary focus of this
ordinance. The recent changes have added many burdens on small private non profits, churches and
community groups that do not require City services, nor impact any of the public rights-of-way, or
require assistance from either the Police or Fire departments.
The new ordinance specifically addresses events that require City services or impact the public
rights-of-way, and place specific requirements on the promoters and organizers related to each type
of event. In addition, there are provisions related to payment for City labor, materials and
AMENDED AGENDA - October 27, 2008
Page 95
equipment by the organizer and the option for the City Commission to waive this requirement by
resolution.
Options:
1. Adopt the Ordinance as presented; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
There is no negative fiscal impact associated with this ordinance. The requirement to waive fees by
resolution of the City Commission will provide detailed information to the City Commission about
each event and enable the affected departments to accurately and effectively develop their annual
budgetary requirements based upon financial data from past events.
Submission Date and Time:              2/10/2012 8:19 AM____

 Department: Administration             Reviewed by: Dept. Head ________    Account No. _________________
 Prepared by: EF Smyth, DCM
 Attachments:      Yes X No ______      Finance Dept. ______JB___________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ________EFS________     WF No. ______________________
 Attorney Review :    Yes X No ____
                                        Submitted by:                       Budget ______________________
 _________________________________      City Manager ___________________
 Revised 6/10/04                                                            Available _____________________
AMENDED AGENDA - October 27, 2008
Page 96
                     ORDINANCE NO.

             AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
             CREATING CHAPTER 26 OF THE CODE OF ORDINANCES OF
             THE CITY OF LEESBURG; PERTAINING TO SPECIAL EVENTS;
             PROVIDING     LEGISLATIVE    FINDINGS;    PROVIDING
             DEFINITIONS;    PROVIDING     REQUIREMENTS      AND
             EXCEPTIONS; PROVIDING FOR FEES; PROVIDING FOR TIME
             REQUIREMENTS FOR APPLICATION; PROVIDING FOR
             CONDITIONS TO ISSUANCE OF SPECIAL EVENT PERMIT;
             PROVIDING FOR DENIAL OF SPECIAL EVENT PERMITS;
             PROVIDING FOR APPEALS; PROVIDING FOR INSURANCE
             REQUIREMENTS;     PROVIDING     FOR    ENFORCEMENT
             AUTHORITY AND PENALTIES; REPEALING SECTION 25-123 OF
             THE CODE OF ORDINANCES OF THE CITY OF LEESBURG;
             RENUMBERING SECTIONS FOLLOWING SECTION 25-123 TO
             ACCOUNT FOR THE REPEAL OF SAID SECTION; PROVIDING
             FOR CONFLICT; PROVIDING A SAVINGS CLAUSE; AND
             PROVIDING AN EFFECTIVE DATE.

        WHEREAS, the City Commission wishes to establish a process for permitting special
events conducted by the private sector so that those with permits may use city streets, facilities or
services; and

        WHEREAS, it is recognized that these special events enhance the lifestyle within the City
of Leesburg and provide benefits to the citizens through the creation of unique venues for
expression and entertainment that are not normally provided as a part of governmental services; and

       WHEREAS, it is recognized that tax exempt non-profit organizations that benefit the
community are essential to the quality of life in the City of Leesburg and that they often develop,
through their special events, the resources to provide essential services to the citizens of the City of
Leesburg; and

        WHEREAS, by recognizing special event venues, it is further intended by the City
Commission to supplement land use regulations, to provide a coordinated process for the regulation
of certain activities to be conducted in conjunction with special events, to insure the heath and
safety of patrons of special events, to prohibit illegal activity from occurring within special event
venues, and to protect the rights and interests granted a special event permit holder; and

        WHEREAS, it is further intended by the City Commission to create a mechanism for costs
recovery for special events without having an adverse affect on those events that contribute to the
citizens of the City of Leesburg and the community; and

        WHEREAS, it is also the intent of the City Commission to protect the rights of its citizens
to engage in protected free speech and expressive activities and yet allow for the least restrictive and
responsible, time, place and manner regulations of those activities within the overall context of
rationally regulating special events that have an impact upon public facilities and services.

     NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
LEESBURG, FLORIDA:
AMENDED AGENDA - October 27, 2008
Page 97
SECTION 1.

       Chapter 26 of the Cody of Ordinances of the City of Leesburg, Florida, is hereby
enacted to read as follows:

(a)   Definitions. As used in this Chapter:
      (1) “Building” means any fully enclosed permanent structure built for the support, shelter,
          or enclosure of persons, animals, chattels, or property of any kind. It includes push carts
          or sidewalk cafes, as defined in Chapter 25 of this Code, for which the sale of Goods,
          food or beverages has been authorized.
      (2) “Business Tax Receipt” shall have the meaning assigned to that term in §205.022(2), Fla.
          Stat. or any successor or amended version thereof.
      (3) “Conditional Approval” means the Special Event application has been reviewed by all
          City departments and that each department has recommended approval and has
          provided an estimate of the costs of labor, equipment and consumables necessary to
          support the event as described. Comments, cost estimates and a recommendation for
          approval by the departments shall be presented to the applicant during a regularly
          scheduled meeting of the Development Review Committee (DRC).
      (4) “Commercial Special Event” means any Special Event organized and conducted by any
          person that does not qualify as a Tax–exempt Non–profit Organization.
      (5) “Controlled Zone” means a zone within the Festival Area in which special regulations
          may apply as recommended in each case by the City Manager or designee including but
          not limited to controlled access by fencing and gating, wristband identification of
          persons admitted to a controlled zone, wristband identification of persons authorized to
          purchase and hold in possession alcoholic beverages, loudspeaker limits and controls,
          enhanced security measures, and entertainment controls.
      (6) “Demonstration” means any formation, procession or assembly of seventy–five (75) or
          more persons which, for the purpose of Expressive Activity, is:
              a. To assemble or travel in unison on any Street in a manner that does not comply
                 with normal or usual traffic regulations or controls; or
              b. To gather at a public park or other public area.
      (7) “Event” includes a Special Event or a Demonstration.
      (8) “Event Organizer” means any person who conducts, manages, promotes, organizes, aids
          or solicits attendance at a Demonstration, Commercial Special Event or Non–
          commercial Special Event.
      (9) “Expressive Activity” includes conduct, the sole or principal object of which is the
          expression, dissemination or communication by verbal, visual, literary or auditory means
          of opinion, views or ideas and for which no fee or donation is charged or required as a
          condition of participation in or attendance at such activity. It includes public oratory and
          distribution of literature.
AMENDED AGENDA - October 27, 2008
Page 98
       (10) “Festival Area” means the area specifically designated and defined as the location of
           festival events and activities.
       (11) “Goods” means goods, wares, personal property, merchandise or any other similar
           item, which is sold or offered for sale at an Event.
       (12) “Intermediate Event” means a Special Event of one day or more in duration, with an
           estimated cost of between $1,000.00 and $5,000.00 in City services, staff overtime and
           equipment usage, which does not include the sale or distribution of alcohol.
       (13) “Major Event” means a Special Event of one day or more in duration, with an
           estimated cost of over $5,000.00 in City services, staff overtime and equipment usage,
           which may include the sale and/or distribution of alcohol. A Special Event which would
           constitute a Minor Event or an Intermediate Event but for the sale or distribution of
           alcohol shall be considered a Major Event.
       (14) “Minor Event” means a Special Event of one day or less in duration, with an estimated
           cost of under $1,000.00 in City services, staff overtime and equipment usage, which does
           not include the sale or distribution of alcohol.
       (15) “Non–Commercial Special Event” means any Special Event organized and conducted
           by a person that qualifies as a Tax-exempt Non-profit Organization.
       (16) “Public Property” means property that is owned, leased, operated, maintained or
           controlled by the state, city, any independent agency or authority of those bodies, or any
           other governmental entity.
       (17) “Sidewalk” means that portion of the right of way of a Street, other than the actual
           roadbed, set apart by curbs, barriers, markings or other delineation and intended
           primarily for pedestrian travel.
       (18) “Sign” means any sign, pennant, flag, banner, inflatable display, or other attention–
           seeking device.
       (19) “Special Event” means:
              a. A preplanned single gathering, event or series of related consecutive daily
                 gatherings or events of an entertainment, cultural, recreational, educational,
                 political, religious or sporting nature, or of any other nature, expected to draw
                 five hundred (500) or more persons at any session as participants or spectators,
                 and sponsored by an individual or entity, which is proposed to be held on public
                 property. A special event does not include any activities on private property,
                 except as specifically provided in this chapter. Examples of this type event shall
                 include but not be limited to: Bikefest, Mardi Gras, Fine Arts Festival, and other
                 similar events.
              b. Any organized formation, parade, procession or assembly consisting of seventy–
                 five (75) or more Persons, and which may include animals, vehicles or any
                 combination thereof, which is to assemble or travel in unison on any Street
                 which does not comply with normal or usual traffic regulations or controls; or,
AMENDED AGENDA - October 27, 2008
Page 99
         c. Any organized assemblage of seventy–five (75) or more persons at any public
            beach or public park, which impact City streets, sidewalks or other public
            thoroughfares, which is to gather for a common purpose under the direction and
            control of a person; Examples of this type event shall include but not be limited
            to: Saturday Morning Market, festival, bicycle or running events; or
              d. Any other organized activity conducted by a person for a common or collective
                 use, purpose or benefit which involves the substantial use of, or has a material
                 impact on, other public property or facilities and the provision of City public
                 safety services in response thereto. Examples of this type event shall include but
                 not be limited to: concerts, fairs, or other mass participation events.
              e. The term “Special Event” as used in this Ordinance shall not include the
                 following: (i) religious services held within a permanent structure constituting a
                 properly permitted and zoned house of worship meeting all requirements of the
                 City Code pertaining to such use; (ii) concerts, meetings, conferences, dinners
                 and other events sponsored by a church, synagogue or other organized religious
                 group and held within a permanent structure constituting a properly permitted
                 and zoned house of worship meeting all requirements of the City Code
                 pertaining to such use, or wholly within an adjunct structure on the site where
                 the house of worship is located, such as a chapel, social hall or gymnasium; (iii)
                 activities of a commercial business holding a current and valid business tax
                 receipt, to the extent such activities are of the type authorized by the business tax
                 receipt or by any planned unit development, conditional use permit or other land
                 use approval issued by the City for the purpose of allowing the conduct of such
                 commercial business, provided that such activities are carried on at the place
                 where the business is licensed to operate and customarily operates, and provided
                 further that the activities are conducted within the premises where the business
                 customarily is conducted, without expansion into areas ordinarily reserved for
                 parking, open space or other portions of the curtilage of the business premises
                 within which the business does not usually conduct its commercial ventures.
       (20) “Special Event Permit” means a permit issued under this Chapter.
       (21) “Special Event Venue” means that area for which a Special Event Permit has been
           issued.
       (22) “Street” means a way or place of whatever nature, publicly maintained and open to use
           of the public for purposes of vehicular travel. Street includes highway.
       (23) “Supporting Events” means events or activities ancillary to and in support of a
           Special Event, providing service such as parking, transportation to or from the Special
           Event, or similar activities not being provided by the Event Organizer, and supplied by
           local businesses, community groups or private individuals within and outside of the
           permitted Festival Area. Supporting Events shall be permitted and regulated, and shall
           pay fees, as specified for Minor Events for all purposes under this Ordinance.
       (24) “Supplemental Events” means events which coincide with a permitted Special Event,
           outside of the permitted Festival Area, not sponsored by the Event Organizer, and
           instead held or sponsored by local businesses, community groups or private individuals
           or property owners, that are in addition to the permitted Special Event. Supplemental
AMENDED AGENDA - October 27, 2008
Page 100
         Events shall be permitted and regulated, and shall pay fees, as if they were independent
         Special Events not associated with the primary Special Event.
       (25) “Tax–exempt Non–profit Organization” means an organization that is exempted from
           payment of income taxes by federal law, has not for profit status under Florida law, and
           which has been in existence for a minimum of six (6) months preceding the date of
           application for a Special Event Permit.
       (26) “Vendor” means any person who sells or offers to sell, any Goods, food, or beverages,
           or any other items or services, within a Special Event Venue, but shall exclude businesses
           holding a current business tax receipt to operate a permanent business within the venue,
           as long as the business restricts its activities during the Special Event to the interior of
           the regularly operated store, or obtains an extension of premises permit, and conducts
           only the type of business authorized by the Business Tax Receipt issued to it and carried
           on throughout the rest of the year outside the period of the Special Event.
(b)    Special Event Permit Required.
       (1) Except as provided in this Chapter, for any person to conduct, promote, manage, aid, or
           solicit attendance at a Special Event, the person shall obtain a Special Event Permit from
           the City Manager or designee.
       (2) The City Manager or designee is authorized to issue permits for Special Events occurring
           within the city limits of the City pursuant to the procedures established in this Chapter.
           The City Manager or designee is authorized to determine the Special Event Venue. The
           City Manager or designee shall set reasonable boundaries for the Special Event Venue,
           balancing the Special Event requirements and public health, safety, and welfare. The City
           Manager or designee is authorized to coordinate the issuance of a Special Event Permit
           with other public agencies through whose jurisdiction or property the Event or portion
           thereof occurs and to issue a Special Event Permit contingent upon the concurrence of
           other public agencies involved. Under no circumstances shall the City Manager or
           designee issue more than one Special Event Permit for the same Special Event Venue on
           the same date(s).
(c)    Exceptions to Special Event Permit Requirement. The following activities are exempt from the
       Special Event Permit requirement:
       (1) Funerals and funeral processions conducted by a licensed mortuary;
       (2) Activities conducted by governmental agency acting within the scope of its authority;
       (3) Lawful picketing on Sidewalks;
       (4) Demonstrations that do not involve the use of vehicles, animals, fireworks, pyrotechnics
           or equipment (other than sound equipment), provided that:
              a. No fee or donation is charged or required as a condition of participation in or
                 attendance at such Demonstration; and,
              b. The Chief of Police is notified at least thirty–six (36) hours in advance of the
                 commencement of the Demonstration;
AMENDED AGENDA - October 27, 2008
Page 101
       (5) Film–making activities conducted under the aegis of any organization or agency of the
           State of Florida, Lake County, the City of Leesburg, or other governmental agency, or
           successor agency, having responsibility for the promotion of or coordination of motion
           picture or television activities, when provisions for cost recovery for City support
           services have been made.
       (6) Events on private property which meet the definitions of “Special Event” shall be
           considered to be Special Events only if 500 or more people participating in the event will
           occupy adjacent Streets or public property during the event. As used herein the term
           “occupy adjacent Streets” shall not include the normal passage by vehicle or pedestrian
           for the sole purpose of traveling to and from the Special Event, nor the parking of
           vehicles in lawfully designated spaces along any Street.
       (7) Although not required to get a Special Event Permit, an Event Organizer of an activity
           exempted by this subsection is required to comply with general regulations governing
           public safety or health.
(d)    Permit Fee; Payment Required. The applicant for any Special Event shall, at the time of making
       application, pay to the City a permit fee for each type or class of permit application. The
       permit fee shall be used to defray the costs related to the issuance of such permit and shall
       be in addition to such further and additional Special Event fees as may be imposed pursuant
       to this Chapter. Permit fees shall be established and amended by resolution of the City
       Commission. Public notice of each application seeking a permit for a Major Event shall be
       given by publication of a legal notice once a week for two consecutive weeks, in a newspaper
       of general circulation within the City of Leesburg, setting forth the name of the Event
       Organizer, a brief description of the Major Event, and the name, mailing address and
       telephone number of a person designated by the City Manager to whom public comments
       on the permit may be directed, along with a deadline for submitting such comments which
       shall be no more than 90 days and no less than 45 days prior to the scheduled date of the
       Major Event. In addition to any other fees and expenses paid by the Event Organizer under
       this Ordinance, the Event Organizer shall also pay the actual costs incurred by the City in
       the publication of this notice.
(e)    Issuance of a Special Event Permit Does Not Obligate City Services.
       (1) Issuance of a Special Event Permit does not obligate or require the City Manager to
           provide City services, equipment or personnel in support of an Event.
       (2) Subject to approval of the City Commission, the City Manager or designee may provide
           City services, equipment, or personnel for Commercial Special Events. Approval of the
           City Commission is not required for the City Manager to provide City services,
           equipment, or personnel for a Commercial Special Event, if the City Manager or
           designee makes provisions with the Event Organizer for cost recovery from the Event.
       (3) Without City Commission authorization, the City Manager or designee may provide City
           services, equipment or personnel in direct support of a Non– commercial Special Event,
           if the cost to the City does not exceed five thousand dollars ($5,000.00) for the entire
           Event, if the cost is within budget limitations, and if the City Manager or designee finds
           that a public purpose will be served. The City Manager or designee may find that a public
           purpose is served if all four of the following factors are met:
AMENDED AGENDA - October 27, 2008
Page 102
         a. The Event is organized and conducted by a Tax– exempt Non– profit
            Organization which operates from or provides services within the City of
            Leesburg; and,
               b. The Event includes participation by the general public (notwithstanding an
                  admission or participation fee); and,
               c. Provision of City services will result in improved crowd or Event control and
                  general public safety; and,
               d. The Event Organizer agrees to reimburse the City for the cost of City Services
                  exceeding five thousand dollars.
(f)   Priority of Special Event Permit Issuance.
      (1) Except for Events sponsored by the City, and wherever possible, priority shall be given
          for the issuance of a Special Event Permit to local Tax–exempt Non–profit
          Organizations operating in and providing services to the citizens of the City of Leesburg.
          The City Manager or designee may establish a policy that gives priority to regularly
          recurring Special Events sponsored by local organizations.
      (2) Annual recurring events with a multi-year history of active participation shall be given
          first priority over newer events should a scheduling conflict arise.
(g)   Use of City Seal or Name.
      (1) The City Manager or designee is authorized to issue a Special Event Permit for any
          Event whose title or theme will use the City seal or the words “The City of Leesburg,”
          “City of Leesburg,” or any similar combination or facsimile that would reasonably imply
          an official endorsement of the Event by the City.
      (2) Prior authorization from the City Manager or designee is required for an Event
          Organizer to use the words “The City of Leesburg” or “City of Leesburg,” or a facsimile
          of the seal of the City of Leesburg, in the title of a Special Event. Notwithstanding any
          implication of official City sponsorship, endorsement or participation arising from use of
          the City’s name or seal, no such authorization by the City Manager or designee shall be
          construed or implied by any person as an indication that the Event is in any way
          sanctioned or sponsored by the City unless the City Commission has authorized the
          sanctioning or sponsorship of the Special Event.
(h)   Time for Filing Application for Special Event Permit.
      (1) Except for Special Events at Venetian Gardens or other City owned or operated parks,
          an application for a Special Event Permit for a Major Event shall be filed with the City
          Manager or designee not less than one – hundred twenty (120) calendar days, nor more
          than two (2) years, before the time when it is proposed to conduct the Special Event,
          with all backup material submitted no later than ninety (90) days prior to the Special
          Event.
      (2) Except for Special Events at Venetian Gardens or other City owned or operated parks,
          an application for a Special Event Permit for an Intermediate Event shall be filed with
          the City Manager or designee not less than ninety (90) calendar days before the time
AMENDED AGENDA - October 27, 2008
Page 103
         when it is proposed to conduct the Special Event, with all backup material submitted no
         later than forty five (45) days prior to the Special Event.
       (3) Except for Special Events at Venetian Gardens or other City owned or operated parks,
           an application for a Special Event Permit for a Minor Event shall be filed with the City
           Manager or designee not less than forty five (45) calendar days before the time when it is
           proposed to conduct the Special Event, with all backup material submitted no later than
           thirty (30) days prior to the Special Event.
       (4) Applications for Special Events at City public parks shall be submitted in accordance
           with the time limits and procedures established by the Parks & Recreation Department
           for such facilities.
(i)    When Application for Special Event Permit Is Deemed Complete. An application for a Special Event
       Permit is deemed completed when the applicant has provided all of the information required
       by this Chapter, including any additional information required by the City Manager or
       designee, the application fees have been paid in full, and the application has been approved
       by any City department designated by the City Manager or designee.
(j)    Date of Special Event Not Confirmed Until Permit Issued. Notwithstanding the City Manager or
       designee’s acceptance of a completed application, no date shall be considered confirmed
       until a Special Event Permit is issued.
(k)    Content of Special Event Permit Application. The application for a Special Event Permit must
       include the following:
       (1) The name, address and telephone number of the applicant; and,
       (2) A certification that the applicant will be financially responsible for any City fees or costs
           that may be imposed for the Event; and,
       (3) The name, address and telephone number of the Event Organizer, if any, and the chief
           officer of the Event Organizer, if any; and,
       (4) If the Special Event is designed to be held by, on behalf of, or for any organization other
           than the applicant, the applicant for the Special Event Permit shall file a written
           communication from such organization:
               a. Authorizing the applicant to apply for the Special Event Permit on its behalf;
                  and,
               b. Certifying that the applicant will be financially responsible for any costs or fees
                  that may be imposed for the Event;
       (5) A copy of the approval documents for non-profit status and the tax exemption letter
           issued for any applicant claiming to be a Tax–exempt Non–profit Organization; and,
       (6) A statement of the purpose of the Special Event; and,
       (7) A statement of fees to be charged for the Special Event; and,
       (8) The proposed location for the Special Event; and,
AMENDED AGENDA - October 27, 2008
Page 104
       (9) The date and times when the Special Event is to be conducted; and,
       (10) The approximate times when assembly for, and disbanding of, the Special Event is to
            take place; and,
       (11) The proposed locations of the assembly or production area; and,
       (12) The specific proposed site or route, including a map and written narrative of the route;
            and,
       (13) The proposed site of any reviewing stands; and,
       (14) The proposed site for any disbanding area; and,
       (15) Proposed alternate routes, sites or times, where applicable; and,
       (16) Proposed emergency access routes within the proposed event area;
       (17) The approximate number of Persons, animals or vehicles that will constitute the Special
            Event; and,
       (18) The kinds of animals anticipated to be part of the Special Event; and,
       (19) A description of the types of vehicles to be used in the Special Event; and,
       (20) The number of bands or other musical units and the nature of any equipment to be
            used to produce sounds or noise; and,
       (21) The number and location of portable sanitation facilities; and,
       (22) Other equipment or services necessary to conduct the Event with due regard for
            participant and public health and safety; and,
       (23) The number of Persons proposed or required to monitor or facilitate the Special Event
            and provide spectator or participant control and direction for Events using City Streets,
            Sidewalks, or facilities; and,
       (24) Provisions for first aid or emergency medical services, or both, based on Event risk
            factors; and,
       (25) Insurance and surety bond information; and,
       (26) Any special or unusual requirements that may be imposed or created by virtue of the
            proposed Event activity; and,
       (27) A plan for the sale and consumption of alcoholic beverages in accordance with the
            requirements of Chapter 5 of this code; and
       (28) Any other information required by the City Manager or designee.
(l)    Issuance of a Special Event Permit – Conditions. The City Manager or designee may issue a Special
       Event Permit, when all of the applicable conditions listed in this Chapter are met.
AMENDED AGENDA - October 27, 2008
Page 105
       (1) The Event will not substantially interrupt the safe and orderly movement of aerial or
           marine navigation.
       (2) The Event will not substantially interrupt public transportation or other vehicular and
           pedestrian traffic excepting only the closure of Streets as approved by the City Manager
           or designee during the permitting process for the Special Event.
       (3) The Event will not cause an irresolvable conflict with construction or development in
           the public right–of–way or at a public facility.
       (4) The Event will not require the diversion of an unreasonable number of police employees
           from their normal duties, thereby preventing reasonable police protection to the
           remainder of the City.
       (5) The concentration of Persons, animals or vehicles will not unduly interfere with the
           movement of police, fire, ambulance, and other emergency vehicles on the Streets.
       (6) The Event will move from its assembly location to its disbanding location expeditiously
           and without stopping enroute.
       (7) For parades or moving demonstrations, the Event will not substantially interfere with
           any other Special Event or Demonstration for which a permit has already been granted
           or with the provision of City services in support of other scheduled Events or
           unscheduled governmental functions such as visits of chiefs of state.
       (8) If the Event is a marathon, it will not occur within thirty (30) business days of another
           marathon.
(m)    Reasons for Denial of a Special Event Permit. The City Manager or designee may deny a Special
       Event Permit to an applicant who has not:
       (1) Provided sufficient monitors for crowd control and safety; or,
       (2) Provided sufficient safety, health or sanitation equipment, services or facilities that are
           reasonably necessary to ensure that the Event will be conducted with due regard for
           safety; or,
       (3) Provided sufficient off–site parking or shuttle service, or both, when required to
           minimize any substantial adverse impacts on general parking and traffic circulation in the
           vicinity of the Event; or
       (4) Met all of the requirements for submitting an application for a Special Event Permit.
       (5) The City Manager or designee may deny a Special Event Permit if in the City Manager or
           designee’s opinion:
              a. The Event will create the imminent possibility of violent disorderly conduct
                 likely to endanger public safety or to result in significant property damage; or,
              b. The Event will violate public health or safety laws; or,
              c. The Event fails to conform to the requirements of law or duly established City
                 Commission Policy; or,
AMENDED AGENDA - October 27, 2008
Page 106
         d. The applicant demonstrates an inability or unwillingness to conduct an Event
            pursuant to the terms and conditions of this Chapter; or,
             e. The applicant has failed to conduct a previously authorized or exempted Special
                Event in accordance with law or the terms of a permit, or both; or,
             f. The Event will require the exclusive use of beach or park areas during any period
                from Memorial Day through Labor Day in a manner which will adversely impact
                upon the reasonable use or access to those areas by the general public; or,
             g. The applicant has not obtained the approval of any other public agency within
                whose jurisdiction the Special Event or portion thereof will occur; or,
             h. The applicant has failed to provide an adequate first aid or emergency medical
                services plan based on Event risk factors.
      (6) The City Manager or designee may deny a Special Event Permit to an applicant who has
          failed to comply with any term of this chapter, or with any condition of a Special Event
          Permit previously issued to the applicant.
AMENDED AGENDA - October 27, 2008
Page 107
(n)    Denial of a Special Event Permit Application; Appeals from Denial.
        (1) If the City Manager or designee denies the application for the Special Event Permit
            pursuant to this Chapter, he or she shall notify the applicant in writing within 15
            business days of the decision.
        (2) The denial of a Special Event Permit may be appealed to the City Commission.
        (3) An appeal shall be made in writing within ten (10) business days of the date of the
            written denial. An appeal is made by filing a written petition with the City Clerk setting
            forth the grounds for appeal, and/or citing the section of the ordinance, or the provision
            of statutory law, or the principle of case law, the appellant feels was violated in the denial
            of, or conditions imposed on, the application. The City Commission shall hear the
            appeal at its next regularly scheduled meeting following the submission.
        (4) The decision of the City Commission to grant or deny that appeal shall constitute the
            exhaustion of the applicant’s administrative remedy.
(o)     Display of Special Event Permit Required. A copy of the Special Event Permit shall be displayed
        in the Special Event Venue in the method prescribed by the City Manager or designee
        applicable to the particular Event and shall be exhibited upon demand of any City official.
(p)     Contents of Special Event Permit. A Special Event Permit may contain the following information
        or conditions:
        (1) The location of the Special Event Venue, which shall be identified by a map attached to
            the Special Event Permit;
        (2) The date, assembly area, time for assembly and starting time of the Special Event;
        (3) The specific route plan to the Special Event;
        (4) The minimum and maximum speeds of the Special Event;
        (5) The number and types of Persons, animals and vehicles, the number of bands, other
            musical units and equipment capable of producing sound, if any, and limitations thereon
            pertaining to noise abatement;
        (6) The maximum interval of space to be maintained between booths or other structures to
            be used for the Special Event;
        (7) The portion of the Street and Sidewalk that is to be occupied by the Event and the
            location of reviewing or audience stands, if any;
        (8) The number and location of traffic controllers, monitors, other support personnel and
            equipment and barricades to be furnished by the Special Event Organizer,
        (9) The area and time for disbanding;
        (10) Conditions or restrictions on the use of alcoholic beverages and authorization for and
             conditions of the exclusive control or regulation of Vendors and related sales activity by
             the Event Organizer during the Special Event;
AMENDED AGENDA - October 27, 2008
Page 108
       (11) Provisions for any required emergency medical services; and,
       (12) Such other information and conditions as are reasonably necessary for the conduct of
            the Special Event and the enforcement of this Chapter, including the requirement for
            the on–site presence of the Event Organizer or its designated representative for all
            Event coordination and management purposes.
       (13) As a condition of the issuance of a Special Event Permit, the applicant shall be required
            to make adequate provisions for cleaning–up the area or route of the Event both during
            and upon completion of the Event and to return the area or route to the same
            condition of material preservation and cleanliness as existed prior to the Event.
(q)    City Manager’s Action on Special Event Permit Application.
        (1) Except as provided in this Chapter the City Manager or designee shall take final action
            upon a completed application for a Special Event Permit within 15 business days from
            receiving a completed application, unless this period conflicts with restrictions
            contained in this Section.
        (2) The City Manager or designee is not required to take final action on an incomplete or
            untimely Special Event Permit application.
        (3) The City Manager or designee is not required to process more than one (1) application
            for a Special Event Permit per applicant during any two–week period.
        (4) The City Manager or designee is not required to take final action upon two (2) or more
            Special Event Permit applications submitted by the same applicant unless two (2) or
            more weeks shall have elapsed between the respective dates of submission of each.
        (5) Final action on a completed Special Event Permit application shall consist of one (1) of
            the following:
                a. Issuance of a Special Event Permit in accordance with the terms of the
                   application; or,
                b. Issuance of a Special Event Permit in accordance with the terms of the
                   application, as modified by mutual agreement between the City Manager or
                   designee and the applicant; or,
                c. Denial of the Special Event Permit application by the City Manager or designee.
(r)    Insurance Required to Conduct Special Event.
       (1) The Event Organizer of a Special Event must possess or obtain comprehensive general
           liability insurance to protect the City against loss from liability imposed by law for
           damages on account of bodily injury and property damage arising from the Event. Such
           insurance shall name The City of Leesburg, its officers, employees, and agents and, as
           required, any other public entity involved in the Event, as additional insured. Insurance
           coverage must be maintained for the duration of the Event. Notice of cancellation shall
           be provided immediately to the City.
AMENDED AGENDA - October 27, 2008
Page 109
       (2) Comprehensive general liability insurance coverage shall be required and shall be in a
           combined single limit of at least one million dollars ($1,000,000).
  AMENDED AGENDA - October 27, 2008
  Page 110
         (3) If the Special Event is of a demonstrated high or low risk category, according to
             recognized insurance and risk management standards, the City Manager or designee may
             authorize a greater or lesser amount of coverage than required by this Section or may
             require a particular type of insurance coverage different from that specified in this
             Section.
         (4) The insurance required by this Section shall encompass all liability insurance
             requirements imposed for other permits required under other sections of this Code and
             is to be provided for the benefit of the City and not as a duty, express or implied, to
             provide insurance protection for spectators or participants.
         (5) Proof of the Event Organizer’s required insurance(s) shall be provided in the form of a
             Certificate of Insurance from an insurer licensed in Florida having a rating of A or better
             from A.M. Best., and shall be filed with the City Manager or designee at least sixty (60)
             business days before the Event, unless the City Manager or designee for good cause
             modifies the filing requirements.
(s)    Waiver of Insurance Requirements. Except for Special Events where the sale of alcoholic beverages
       is authorized or for traffic control permits issued in conjunction with a Special Event the
       insurance requirements of this Section may be waived by the City Manager. In making the
       determination of whether to waive insurance, the City Manager or designee shall consider the
       following factors:
         (1)   Whether the Special Event is Expressive Activity protected by the First Amendment;
         (2)   Whether the applicant or an officer of the sponsoring organization of a non–athletic
               Event has filed a verified statement that he or she believes the Event’s purpose is
               First Amendment expression;
         (3)   Whether the applicant or officer of the sponsoring organization has determined that
               the cost of obtaining insurance is financially burdensome and would constitute an
               unreasonable burden on the right of First Amendment expression;
         (4)   Whether it is objectively impossible to obtain insurance coverage;
         (5)   Whether the Event will involve the use of equipment (other than sound equipment),
               vehicles, animals, fireworks or pyrotechnics; or,
         (6)   Whether a fee or donation is charged or required as a condition of admission or
               participation in the Event.
                a. The statement required by this Section shall include the name and address of one
                   (1) insurance broker or other source for insurance coverage contacted to
                   determine premium rates for coverage.
                b. To claim that it is objectively impossible to obtain insurance coverage pursuant
                   to this Section, the applicant shall submit a statement from at least two (2)
                   independent licensed insurance brokers demonstrating the insurance is
                   unavailable in the market place.
  AMENDED AGENDA - October 27, 2008
  Page 111
           c. Even though insurance is waived, the City Manager or designee may require the
              Event Organizer of a Special Event to defend, indemnify and hold harmless the
              City from any claim or liability arising from the Event.
(t)       Faithful payment and performance bonds. The applicant shall deliver to the City Manager or
        designee, within ten (10) business days after conditional approval of a special event application
        as provided in this chapter, a faithful payment and performance bond or irrevocable, direct
        pay, evergreen letter of credit (that may be drawn by facsimile presentation) in an amount
        equal to the remaining costs of providing City of Leesburg personnel as specified in this
        chapter, after the required payment has been made, which bond or irrevocable letter or credit
        shall be released if no claims are made against it no later than fifteen (15) business days from
        the last date of the special event. Such bond or irrevocable letter of credit shall be conditioned
        upon the applicant faithfully observing, fulfilling and performing all obligations under the
        application, contract and provisions of this chapter, and shall be in a form approved by the
        Office of the City Attorney and the Risk Manager according to the standards set forth in this
        section. The purpose of such bond or irrevocable letter of credit is to insulate the city from
        financial loss because the city allowed special events to occur.
  (u)    Payment For City Personnel, Materials And Services. In addition to the requirements in the
         chapter, the applicant shall pay the City via immediately available funds by cashier’s check,
         certified check, wire transfer or money order, within ten (10) business days after conditional
         approval, fifty percent (50%) of the total costs for the City personnel, materials and services
         required by this chapter. The balance due shall be paid to the City in same manner, by no
         later than 15 business days following the conclusion of the Special Event. If the applicant is
         unable to obtain the bond or irrevocable letter of credit required by this chapter, then the
         applicant must pay in advance in immediately available funds by cashier’s check, wire
         transfer, certified check or money order, within ten (10) business days after conditional
         approval, the total costs for City personnel, materials and services required by this chapter.
  (v)    Revocation of Special Even Permit.
         (1)     Any Special Event Permit issued pursuant to this chapter is subject to revocation.
         (2)     A Special Event Permit may be revoked if the City Manager or designee determines:
                 a. That the Event cannot be conducted without violating the standards or
                    conditions for Special Event Permit issuance; or,
                 b. The Event is being conducted in violation of any condition of the Special Event
                    Permit; or
                 c. The Event poses a threat to health or safety; or
                 d. The Event Organizer or any person associated with the Event has failed to
                    obtain any other permit required pursuant to this Code; or
                 e. The Special Event Permit was issued in error or contrary to law.
         (3)     Except as provided in this chapter, notices of revocation shall be in writing and
                 specifically set forth the reasons for the revocation.
AMENDED AGENDA - October 27, 2008
Page 112
       (4) If there is an emergency requiring immediate revocation of a Special Event Permit,
           the City Manager or designee may notify the permit holder verbally of the
           revocation.
       (5)     An appeal from a revocation shall be handled in the same manner and under the
               same time requirements as denials of Special Event Permits.
               a.   In the event that a Special Event Permit is denied or revoked and the event is
                    scheduled to occur prior to the next regularly scheduled meeting of the City
                    Commission, the Mayor shall convene a Special Emergency Meeting of the City
                    Commission to hear the appeal and render a decision on the matter.
(w)    Cost Recovery for Special Events. Except as otherwise provided in this chapter, or when funded
       or waived by City Commission resolution, or within the City Manager’s authority in this
       chapter, for any Special Event the City Manager or designee shall charge for the actual cost
       of:
       (1)     The salaries of City personnel involved in permit processing, Event traffic control,
               fire safety, event security, or other facility or Event support; and
       (2)     The use of City equipment and other non–personnel expense.
               a.   The City Manager or designee shall require payment of fees required pursuant
                    to this Chapter or a reasonable estimate thereof, at the time the completed
                    application is approved.
               b.   If the Event Organizer fails to comply with this Chapter, the Event Organizer
                    will be billed for actual City costs for clean–up and repair of the area or route
                    occasioned by the Event. If the Event Organizer failed to comply with this
                    Chapter under a previously issued Special Event Permit, the City Manager or
                    designee may require the Event Organizer to deposit adequate surety in the
                    form of cash or bond.
       (3)     Fees for City equipment, facilities and other charges, except for salaries of City
               personnel, shall be established or amended by resolution of the City Commission.
(x)    Effect of Receipt of Donations on Status of Tax-Exempt Non-Profit. A Tax exempt Non–profit
       Organization sponsoring an Event may acknowledge the receipt of cash or in–kind services
       or goods, donations, prizes or other consideration from for–profit organizations without
       causing the Event to be considered a Commercial Special Event. Such acknowledgment may
       include use of the name, trademark, service mark or logo of such a for–profit organization in
       the name or title of the Event or the prominent appearance of the same in advertising or on
       collateral material associated with the Event.
(y)    Audits and Accounting Procedure.
      (1)    Upon the request of the City Manager, an Event Organizer of a Non–commercial
             Special Event shall provide a final financial statement audited by a certified public
             accountant no later than thirty (30) business days after the request.
      (2)    The City Manager or designee is authorized to make determinations as to the
             commercial status of an Event and, with the advice and assistance of the Finance
AMENDED AGENDA - October 27, 2008
Page 113
         Director, or designee, to promulgate additional standards and procedures for cost
         accounting to implement this section.
       (3)    At any time during normal business hours, and as often as the City Manager or City
              Auditor and Finance Director deems necessary, all data and records pertaining to the
              Event shall be made available to the city for examination at reasonable locations within
              the City of Leesburg. The City will be allowed to audit, examine, and make excerpts or
              transcripts from the records. The records shall be retained for a period of not less than
              three (3) years following the Event unless the City agrees to an earlier disposition.
(z)    Delegation of City Manager’s Authority. The City Manager may delegate any or all of the functions
       under this Chapter to his or her deputies or subordinates.
(aa)   City Manager Authorized to Adopt Rules and Regulations. The City Manager or designee is
       authorized to promulgate additional rules and regulations that are consistent with and that
       further the terms and requirements set forth within this Chapter and the provisions of law
       that pertain to the conduct and operation of a Special Event or Demonstration. Such rules
       shall be promulgated in written form and available to the public as required under Florida
       law, and approved by resolution of the City Commission.
(bb)    Enforcement Authority. The City Manager or designee is authorized to administer and enforce
        the provisions of this Chapter. The City Manager or designee and the designated
        Enforcement Officials may exercise any enforcement powers as set forth in this Chapter.
(cc)    Authorized Special Event Vendors.
        (1) The issuance of a Special Event Permit confers upon the permit holder or Event
            Organizer the right to control and regulate the sale of goods, food and beverages within
            the Special Event Venue in accordance with the terms and conditions of the Special
            Event Permit.
        (2) Vendors authorized to sell Goods, food, or beverages in the Special Event Venue shall
            display their authorization prominently, so it is visible from the front of the Vendor’s
            tent, booth or other structure out of which the Vendor operates, in the manner required
            by the City Manager or designee. Only Vendors displaying the required authorization
            shall be allowed to sell Goods, food, or beverages in the Special Event Venue.
(dd)    Unlawful to Conduct or Promote Attendance at Special Event without Permit.
        (1)     It is unlawful to conduct a Special Event without a Special Event Permit as required
                pursuant to this Chapter.
        (2)     It is unlawful for any person to conduct or manage any Special Event for which a
                Special Event Permit has not been issued.
(ee)    Other Permits and Licenses.
        (1) The issuance of a Special Event Permit does not relieve any person from the obligation to
                obtain any other permit or license required pursuant to Federal, State or local laws.
AMENDED AGENDA - October 27, 2008
Page 114
       (2) The issuance of any other permit or license issued pursuant to this Code does not relieve
               any person from the obligation to obtain a Special Event Permit pursuant to this
               Chapter.
(ff)   Unlawful to Sell Goods in Special Event Venue without Authorization. It is unlawful for any person
       to sell, resell, or offer to sell or resell, any goods, food or beverages in a Special Event
       Venue, except:
       (1)      From any Building licensed for that purpose; or,
       (2)      From any tent, booth or temporary structure expressly authorized pursuant to a
                Special Event Permit; or,
       (3)      As authorized pursuant to a conditional use permit pursuant to the City of Leesburg
                Land Development Code; or,
       (4)      Businesses holding a current Business Tax Receipt to operate a permanent business
                within the Special Event Venue, as long as the business restricts their sales during the
                Special Event to the interior of their store, or obtains an extension of premises
                permit, and offers only Goods or services authorized by the Business Tax Receipt
                and ordinarily offered by the business outside the period of the Special Event.
(gg)   Unlawful Selling of Tickets to Special Event within Special Event Venue. It is unlawful for any person
       to sell for profit, or offer to sell for profit, any ticket of admission to a Special Event within a
       Special Event Venue, except:
       (1)      From any ticket office, booth, or other similar place established and maintained for
                the purpose of selling tickets; and,
       (2)      With the express authorization of the City Manager or designee pursuant to a Special
                Event Permit.
(hh)   Unlawful to Display Signs in Special Event Venue. It is unlawful for any person to place, post,
       paint, erect, display, secure, or maintains any Sign or advertising within the Special Event
       venue in violation of those provisions of this Code, regulating Signs and advertising displays,
       excluding signs for which permits have been duly issued under the City sign ordinance.
(ii)   Unlawful to Use City Name without Authorization. It is unlawful for any Event Organizer to use
       in the title of an Event the words “The City of Leesburg” or “City of Leesburg,” or a
       facsimile of the seal, symbol or logo of the City of Leesburg, without the City’s
       authorization.
(jj)   Unlawful to Interfere with Special Event or Demonstration. It is unlawful for any person to obstruct,
       impede or interfere with any authorized assembly, Person, vehicle or animal participating in
       a Demonstration or an Event for which a Special Event Permit has been issued.
(kk)    Penalties.
       (1)      It is unlawful to do any of the following:
                a.      Conduct, stage, or promote a Special Event without a permit;
                b.      Knowingly make a false estimate pursuant to this Chapter.
AMENDED AGENDA - October 27, 2008
Page 115
         c.  Violate any provision of this Chapter.
       Each violation of this Ordinance or the Permit shall constitute a separate and
       independent offense and shall be punishable as such. All violations shall be
       prosecuted under §1 – 14 of the Leesburg Code of Ordinances, as it may hereafter be
       amended. In any proceeding to enforce this Ordinance, the City shall be entitled to
       recover an award of costs from the violator, if found guilty, equal to the investigative
       costs incurred by the City and the court costs and attorneys’ fees incurred by the City
       in the course of the prosecution, and such award shall be in addition to any penal
       fines or other punishment levied. [§1 – 14 provides for a $500 fine, 60 days in jail or
       both.]
(ll)   Cost Recovery for Unlawful Special Event. Whenever a Special Event is conducted
       without a Special Event Permit where one is required, or an Event is conducted in
       violation of the terms of an issued Special Event Permit, the Event Organizer shall be
       responsible for, and the City Manager or designee shall charge the Event Organizer
       for, all City costs incurred for personnel and equipment, for a public safety response
       caused or necessitated by the adverse impacts of the Event, and/or the violation of
       the Special Event Permit, upon public safety.
(mm)    Exemption. Sections related to attendance shall not apply to a special event if:
         (1)   The promoter files an affidavit that his or her best estimate of probable attendance
                and number of participants at the special event is less than five hundred persons,
                and
         (2)   The Chief of Police concurs in the estimate in writing and issues to the promoter an
                exemption letter.
                a.   Each attendance and participants estimate by the promoter and by the Chief
                     shall be accompanied by a written statement of the basis for the estimate.
                     Each estimate shall be based upon all the relevant factors known at the time,
                     including, without limitation, past attendance at similar functions having the
                     same and similar performers, both in Leesburg and comparable communities,
                     the price of admission and the extent of advertising and promotion
                     contemplated. The Chief shall accept the promoter’s affidavit unless it clearly
                     appears to the Chief from the written statements that the estimate is
                     understated by a factor of at least ten percent (10%).
(nn)   Public Safety at special events. The following requirements for public safety will be observed at
       all special events:
       (1)      The Leesburg Police Department shall be the primary provider of personal safety
                and property security at special events in accordance with the attendance and
                participation standards in this chapter. If the promoter of a special event wishes to
                use private sector entities for personal safety or property security, at special events,
                such entities will be supplemental or in addition to the services provided by the
                Police Department.
       (2)      Fire protection services shall be provided by the Leesburg Fire Department.
                Emergency medical services, including transportation, for City sponsored or co-
AMENDED AGENDA - October 27, 2008
Page 116
          sponsored special events shall be coordinated by the Leesburg Fire Department
          pursuant to the Fire Chief’s determination under this chapter, and in accordance
          with the attendance and participation standards in this chapter. Emergency medical
          services for non-City sponsored special events shall be coordinated by the Leesburg
          Fire Department. All providers of emergency medical services at special events or
          other events required to have emergency medical services, pursuant to this chapter,
          must have a certificate issued under F.A.C. 64-E2, and must be licensed by the State
          of Florida under Chapter 401, Florida Statutes, and any medical services must be
          furnished under supervision of a medical director, pursuant to §401, Florida
          Statutes. In the event that the Fire Department determines that it is unable to
          provide any aspect of emergency medical services, including transportation, such
          services may be provided by properly licensed and certificated private sector
          entities.
       (3)       For any special event at which attendance is expected to exceed 50,000, separate
                 and apart from the requirements contained in this chapter, or elsewhere, the City
                 Manager or designee shall develop a written, coordinated Incident Action Plan in
                 conjunction with the Police Chief, Fire Chief, the Risk Manager and the other
                 department directors, or their designees as may be appropriate. The development
                 of this plan shall not be the responsibility of the applicants, promoters or sponsors
                 of the event, and may not be used as a basis or factor in the decision to grant or
                 deny any permit for the event.
(oo)   Attendance and participant standards for public safety emergency medical personnel.
       (1)       Applicants, promoters or sponsors of special events or other events required to
                 have emergency medical services, including transportation, as specified in this
                 chapter, shall coordinate with the Leesburg Fire Department to arrange for
                 emergency medical services, including transportation, based upon projected
                 attendees and participants.
       (2)       The Fire Chief or designee shall develop a written Incident Management Plan for
                 each event that sets out the requirements for providing emergency medical services,
                 based on the projected attendance estimates and the characteristics of the event.
                 The plan shall use known statistical information of similar events, and apply the
                 professional best practices to determine staffing requirements for the event. The
                 plan shall be submitted to the City Manager or designee 45 days in advance of the
                 event and must be approved by the City Manager or designee to be enforceable and
                 chargeable to the promoters or sponsors of the event.
(pp)   Attendance and participant standards for public safety, personal security and property safety personnel.
       (1)       Applicants, promoters or sponsors at special events or other events required to
                 have Personal Safety and Property Security under this chapter, shall arrange for
                 Leesburg Police personnel or their designees.
       (2)       The Police Chief or designee shall develop a written Incident Management Plan for
                 each event that sets out the requirements for providing public safety services, based
                 on the projected attendance estimates and the characteristics of the event. The plan
                 shall use known statistical information of similar events, and apply the professional
                 best practices to determine staffing requirements for the event. The plan shall be
AMENDED AGENDA - October 27, 2008
Page 117
          submitted to the City Manager or designee 45 days in advance of the event and
          must be approved by the City Manager or designee to be enforceable and
          chargeable to the promoters or sponsors of the event.
(qq)   Costs for public safety personnel at special events. The costs for provision of City of Leesburg Police
       and Fire Department personnel at special events and at other events required to have such
       services under this chapter, shall be the current regular prevailing hourly rates pursuant to
       collective bargaining agreements, Personnel Rules and Regulations and procedures, and
       other established City employee pay schedules. Costs for operating specialized equipment
       (i.e. golf carts, atv’s, boats, etc. ) required for the provision of public safety services for the
       special event, as determined by City of Leesburg Police and Fire Departments, shall be the
       responsibility of the applicants, promoters and sponsors.
(rr)   Standards for sanitary facilities, events set up, maintenance and clean up costs.
       (1)       Sanitary facilities, in the form of portable toilets, shall be provided by applicants,
                 promoters or sponsors of special events to supplement the available facilities at any
                 given venue in light of the projected number of attendees and participants, based
                 upon consultation with the City of Leesburg Community Development department
                 as to the total number of facilities necessary to comply with the Lake County Health
                 Department’s Portable Restroom Requirements for Special Events Standards, and
                 existing health laws and sanitation and plumbing codes and standards; provided that
                 there shall be at least one portable restroom for each 250 persons expected to be in
                 attendance. (Reference §64E-6.0101 FAC as it may be changed, modified or
                 amended.)
       (2)      The applicant, promoter or sponsor shall be responsible for costs the City incurs for
                 personnel necessary for set up for the event, maintenance during and clean up after
                 the event in accordance with then prevailing regular rates established under the
                 applicable collective bargaining agreements, Personnel Rules and Regulations, and
                 other established City employee pay schedules.
(ss)   Limited exceptions to attendance standards.
       (1)       A special event may be required to have more public safety and emergency medical
                 personnel in attendance if extraordinary risk factors including, but not limited to,
                 pyrotechnics, automobile races, air shows, mosh pits or other activities perilous to
                 public health and safety are present at special events according to recognized public
                 safety standards of the Leesburg Police and Fire Departments. In such a situation,
                 the Police Chief and Fire Chief or their designees, based upon similar audience or
                 attendee actual participation, availability of alcohol for consumption, and other
                 knowledge of similar special events, may increase personnel by up to 50% of the
                 required personnel for each attendance category.
       (2)       A special event may be allowed to have less public safety and emergency medical
                 personnel in attendance if the special event is of a demonstrated low risk category
                 based upon recognized public safety standards of the City of Leesburg Police and
                 Fire Departments. In such a situation, the Police Chief and Fire Chief or their
                 designees, based upon such standards and other knowledge of similar special events,
                 may decrease personnel by up to 50% of the required personnel for each attendance
                 category.
AMENDED AGENDA - October 27, 2008
Page 118
       (3) An applicant, sponsor or promoter of a special event may be authorized or required
           to provide up to 50% greater amounts of insurance coverage under this chapter if
           the special event is of a demonstrated high risk category according to recognized
           insurance and risk management industry standards. Such reduction or increase shall
           be determined, and the reasons for any adjustment shall be stated in writing, by the
           Risk Manager using such recognized insurance and risk management standards.
(tt)   Cost waivers authorized to avoid unreasonable burdens upon protected First Amendment expression;
       alternative venues for events.
        (1)     Except for special events where alcoholic beverages are provided or sold, the City
                Manager or designee is authorized to reduce or waive the insurance and faithful
                performance bond requirements and the cost requirements for police and
                emergency medical personnel, and set up, maintenance and clean up of this chapter
                for a special event if the City Manager, upon consultation with the City Attorney
                and the Risk Manager or their designees, determines that the event is exclusively or
                primarily for speech or other expressive activity protected by the First Amendment
                to the United States Constitution, and that the foregoing requirements are
                unreasonably burdensome or cannot be met due to insolvency or indigence as set
                forth below.
        (2)     The applicants, promoters or sponsors shall file an affidavit stating that it is made
                under oath and under penalty of perjury and that they believe the special event’s
                purpose is exclusively or primarily for such First Amendment speech or expression
                purposes, and that they have determined that the cost of obtaining the required
                insurance and faithful performance bond, or the cost of the deposit or the bond for
                police, fire, emergency medical protection, and sanitary facilities, set up,
                maintenance and clean up costs, is so financially burdensome that it would
                constitute an unreasonable restriction on the right of First Amendment expression,
                or that it has been or would be impossible due to the insolvency or indigence of the
                applicants, promoters or sponsors to obtain the required coverage or guarantee or
                to stage the special event.
        (3)     In the event of a claim of insolvency or indigence, the applicants, promoters or
                sponsors shall complete as part of the affidavit, a listing on a monthly basis of the
                information about their income, assets, expenses and liabilities contained in a form
                to be developed by the City Manager or designee in consultation with the City
                Attorney, and to be made available to the applicants, promoters or sponsors. Such
                affidavit shall also include the name and address of at least two (2) State of Florida
                licensed insurance agents or sureties, or other state’s licensed sureties or sources of
                insurance contacted to determine premium rates for coverage or guarantee.
                Notwithstanding any waiver or reduction authorized by this section, the applicant,
                promoter or sponsor of the special event shall be required by contract to defend,
                indemnify and hold harmless the City from any claim or liability occasioned by the
                special event in accordance with this chapter. Upon receipt of the affidavit, the City
                Manager or designee shall conduct an examination as expeditiously as possible, but
                in any event within thirty (30) days, as to the income, assets, expenses, and liabilities
                listed to the extent practicable from information available as part of the public
                record to determine if any discrepancies exist. If any discrepancies are found, the
                applicants, promoters or sponsors shall be so notified within ten (10) business days
AMENDED AGENDA - October 27, 2008
Page 119
          after the conclusion of the investigation and shall be given an additional ten (10)
          business days to explain or correct any incorrect information discovered. If the
          discrepancies are due to inaccurate or incomplete information provided to the City
          Manager or designee in the affidavit, the request for a waiver of costs and bond
          requirements due to indigence or insolvency shall be denied, in which event all costs
          and bonds required by this chapter shall be paid and posted, or the event shall not
          be permitted to proceed.
        (4)    Approvals of waivers shall be granted by the City Manager or designee within five
               (5) business days after completion of the financial investigation, unless a
               discrepancy has been discovered. A waiver may be denied if the City Manager or
               designee determines that:
               a.     Inaccurate or incomplete information was provided;
               b.     There is no undue burden on First Amendment rights; or
               c.     There is no demonstrated insolvency or indigence.
        (5)   The City Manager or designee shall provide the applicant with written reasons for
               any denial within five (5) business days after completion of the investigation. The
               denial may be appealed within five (5) business days after denial, to a committee
               composed of the Finance Director, the Human Resources Director, and the City
               Attorney, or their designees, for a final decision by majority vote based upon the
               documents and circumstances presented. The decision on the appeal shall be
               rendered within five (5) business days of receiving the appeal. If the City Manager’s
               decision is sustained, the denial shall stand. If the City Manager’s decision is
               overturned the waiver shall be deemed granted.
        (6)    For purposes of this section, an applicant, promoter or sponsor shall be considered
               insolvent or indigent if the monthly expenses and liabilities disclosed by the affidavit
               exceed the monthly income and the equity available in any owned assets.
        (7)    For purposes of this section, compliance with the costs and bonds requirements of
               this chapter shall be deemed unduly burdensome and unreasonably restrictive of
               First Amendment rights of expression if such compliance would impose a severe
               hardship financially which could foreseeable cause insolvency or indigence to occur
               within ninety (90) days after compliance.
        (8)    In any case where an applicant, promoter, or sponsor cost or bond waiver is
               granted, the special event shall be allowed to proceed as requested if the other
               requirements of this chapter are timely met.
        (9)    With respect to events that are exclusively or primarily for protected First
               Amendment expressive activity, a particular venue need not be made available if
               there are scheduling conflicts or if the City’s un-reimbursed costs to make the venue
               requested available will exceed the budgeted funds available within the respective
               City department for the services to be required at the venue in light of the
               anticipated attendance. In such situation, the City will make available an alternate
               venue at which the expressive activity can be conducted.
AMENDED AGENDA - October 27, 2008
Page 120
SECTION 2.

        Section 25-123 of the Code of Ordinances of the City of Leesburg, Florida, pertaining to
Special events permits, is hereby repealed in its entirety. Sections of the ordinance following this
repealed section shall be renumbered accordingly.

SECTION 3.

        All ordinances or part 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 ordinance, in which case those ordinances so affected shall be hereby
repealed in their entirety.

SECTION 4.

         If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that
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 the ordinance shall
continue in full force and effect as if it were enacted without including the portion found to be
invalid or unenforceable.

SECTION 5.

          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                    , 2008.


                                                        THE CITY OF LEESBURG, FLORIDA



                                                        BY:
                                                                MAYOR


Attest:
          CITY CLERK


    10/27/08
AMENDED AGENDA - October 27, 2008
Page 121




                    5.E.1.                 AGENDA MEMORANDUM


MEETING DATE: October 13, 2008

FROM:                   Bill Wiley, AICP, Community Development Director

SUBJECT:                Ordinance for Large-Scale Comprehensive Plan Future Land Use Map
                        Amendment for First Berkshire Trust (Secret Promise)



Staff Recommendation
The Planning staff and Planning Commission recommend approval of the proposed large-scale
comprehensive plan Future Land Use Map amendment to the City’s adopted Growth Management
Plan.

Analysis
The project site is approximately 3,747 acres. The property is generally located southwest of the
Florida Turnpike, northwest of C.R.48, and east of the Sumter County line. As the project site is
larger than ten acres, it is considered a large-scale comprehensive land use plan map amendment.
Because the project is a part of a Development of Regional Impact (DRI) it is exempt from the state
requirement that large scale comp plan amendments be submitted to the Department of Community
Affairs only two times per year.

Currently, the property is undeveloped. The surrounding City Future Land Use Map designation to
the north is Institutional, to the south Lake County Rural, to the east Institutional and County Rural.
Sumter County borders this property to the west. The existing Future Land Use designation for the
property is Mixed Low Density Residential, Conservation and Industrial. The proposed future land
use designation of Mixed Use and Conservation are consistent with the City’s adopted Growth
Management Plan and would allow for the development of the property for mixed residential and
commercial uses, while maintaining a large amount of acreage designated for Conservation land use.

The Planning Commission held a public hearing on the application April 10, 2008 and by a vote of 6
to 0, recommended approval.

Options
1.    Approve the requested large-scale comprehensive plan amendment to Mixed Use and
      Conservation.
 2.   Other such action as the Commission may deem appropriate.

Fiscal Impact
There is no fiscal impact to the City.
AMENDED AGENDA - October 27, 2008
Page 122

Submission Date and Time:               2/10/2012 8:19 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. _______EFS_________    WF No. ______________________
 Attorney Review :     Yes_X_ No ____    Submitted by:
                                         City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                            Available _____________________
AMENDED AGENDA - October 27, 2008
Page 123
                        ORDINANCE NO. ______

        AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN FOR
        THE CITY OF LEESBURG, CHANGING THE FUTURE LAND USE
        MAP DESIGNATION OF CERTAIN PROPERTY CONTAINING
        APPROXIMATELY 3,747 ACRES GENERALLY LOCATED SOUTHWEST
        OF THE FLORIDA TURNPIKE, NORTHWEST OF CR48, AND EAST
        OF THE SUMTER COUNTY LINE, LYING IN SECTIONS 17-21 & 28-32,
        TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA,
        FROM MIXED LOW DENSITY RESIDENTIAL TO MIXED USE AND
        CONSERVATION; AND PROVIDING AN EFFECTIVE DATE.

        WHEREAS, the City Commission has received written objections, recommendations, and
comments from the City of Leesburg Planning Commission acting as the Local Planning Agency,
regarding amendment of the Comprehensive Plan of the City of Leesburg, and has made
recommendations to the City Commission for amendment of the Plan; and

        WHEREAS, the City Commission of the City of Leesburg has held public hearings on the
proposed amendment to the plan, in light of written comments, proposals and objections from the
general public;

        NOW, THEREFORE,

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

Section 1.

       The Growth Management Plan of the City of Leesburg, adopted by the City of Leesburg on
September 22, 2003, pursuant to the Local Government Planning and Land Development
Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of
Leesburg Planning Commission, is hereby amended in the following manner:

        The Future Land Use Map is amended by changing the designation of those parcels
        of land generally located southwest of the Florida Turnpike, northwest of CR48, and
        east of the Sumter County line lying in Sections 17-21 & 28-32, Township 20 South,
        Range 24 East, Lake County, Florida, legally described as:

                                             Legal Description
                                              (See Exhibit A)


from Mixed Low Density Residential to Mixed Use and Conservation as shown on Attachment 1,
the revised map of said area.

Section 2.

        All ordinances or part of ordinances in conflict with any of the provisions of this ordinance
are hereby repealed.
AMENDED AGENDA - October 27, 2008
Page 124
AMENDED AGENDA - October 27, 2008
Page 125
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 __________________, 2008.


                                                    THE CITY OF LEESBURG

                                                    By:
                                                    ____________________________________
                                                          Mayor

ATTEST:

___________________________________
      City Clerk
AMENDED AGENDA - October 27, 2008
Page 126



                               EXHIBIT A
                             Legal Description
AMENDED AGENDA - October 27, 2008
Page 127
AMENDED AGENDA - October 27, 2008
Page 128
AMENDED AGENDA - October 27, 2008
Page 129



  10/27/08
AMENDED AGENDA - October 27, 2008
Page 130




                                       6B.
                               AGENDA MEMORANDUM


Meeting Date:          October 27, 2008

From:                  Mike Thornton, Purchasing Manager

Subject:               Informational report on local vendor preference policy for the City of
                       Leesburg.



Staff Recommendation:
This is an information report only and requires no action by the Commission.

Analysis:
At the regular commission meeting of September 8, 2008 the Commission asked if the City offers
any type of preference to ‘local vendors’ for the procurement of goods or services. At that time I
was unsure if a policy existed.

Resolution 6710 adopted on January 27, 2003 revised the purchasing thresholds and restated the
local vendor preference previously adopted on December 9, 1996. The full text of resolution 6710
is attached for your review.

To summarize, the City does have a local vendor preference. The adopted resolution provides a
preference of 5% on purchases less than $10,000.00 and a 2.5% preference on purchases costing
$10,000 to $24,999.99. No preference is provided for purchases $25,000 or greater.

The resolution makes the following definition of a local vendor.

        “local vendor” shall be defined to mean;

               (1) the primary business office or a full time sales office of the vendor is
               located within the City of Leesburg utility service area.

               (2) If no vendor qualifies under (1) then the definition of “local vendor”
               shall be expanded to mean that the primary business office or a full time
               sales office of the vendor is located within Lake County.
AMENDED AGENDA - October 27, 2008
Page 131
A new comprehensive purchasing policy is being finalized and will be presented to the Commission
for review and adoption before the end of this calendar year. The new policy will incorporate the
local vendor preference detailed in this resolution as well as other resolutions pertaining to
procurement. Should the Commission wish to revise the current local vendor preference criteria,
please provide direction and or changes during review of the new policy.


Submission Date and Time:             2/10/2012 8:19 AM____

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



    10/27/08

				
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