Commission Chambers, City Hall

AGENDA CITY COMMISSION MEETING COMMISSION CHAMBERS, CITY HALL MONDAY, JUNE 27, 2011 5:30 PM

1. CALL TO ORDER

INVOCATION

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

2. PROCLAMATIONS: None

3. PRESENTATIONS: A. Recognition of years of service: David Lott for ten years in Information Technology Department

B. Changes to the State Growth Management Plans and Requirements - 2011 by LPG Urban and Regional Planners, Inc. - Greg A. Beliveau, AICP Pres.

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

A. CITY COMMISSION MEETING MINUTES: 1. Meeting held June13, 2011

B. PURCHASING ITEMS: 1. Purchase request 43773 by Public Works Department to Mark Cook Builders, Inc. for the removal and installation of a metal roof on the transformer repair shop of the Electric Department.

C. RESOLUTIONS: 1. A resolution of the City Commission of the City of Leesburg authorizing the Mayor and City Clerk to execute a Revocable License Agreement with Simon Property Group, Lake Square Mall, for an emergency response staging area for the City of Leesburg's Utility Operators; and providing an effective date.

2. A resolution of the City Commission of the City of Leesburg authorizing the Mayor and City Clerk to execute a Letter of Agreement with Florida State University for Professional Services associated with the Certified Public Manager Program (CPM); and providing an effective date. 3. Resolution of the City Commission of the city of Leesburg ratifying the City Manager's emergency purchase authorization to Robinson Aviation (RVA), Inc. for emergency repairs to airport equipment damaged in a lightning strike; and providing an effective date.

4. Resolution of the City Commission of the City of Leesburg, Florida, eliminating the position of Electric Operations Manager (Paygrade 137) and approving for posting the position of Deputy Director Electric Department (Paygrade 141); and providing an effective date.

D. OTHER ITEMS: None

5. PUBLIC HEARINGS AND NON-ROUTINE ITEMS:

A. Fair Housing Ordinance First Public Hearing

B. Second reading of an ordinance creating an Alternative Water Supply Program

C. Second reading of an ordinance reallocating the 2008 Revenue Note for the Carver Heights/Montclair Area Community Redevelopment Agency

D. First reading of an ordinance for vacating a portion of Oak Park Homesites right-of-way (.5 +/- acre) requested by Charles and Lucy Townsend for an unused right of way, generally located east of Lee Street and south of W. North Boulevard (Oak Park Homesites).

E. JIREH Investors, LLC Property 1. First reading of an ordinance annexing approximately 15 acres generally located on the west side of C.R. 468 and south of Lewis Road (JIREH Investors, LLC property).

2. First reading of an ordinance rezoning approximately 15 acres generally located on the west side of C.R. 468 and south of Lewis Road, from County A (Agriculture) to PUD (Planned Unit Development) and providing an effective date (JIREH Investors, LLC property).

F. Resolution authorizing an Amended and Restated Territorial Agreement with Sumter Electric Cooperative, Inc. (SECO)

G. Resolution authorizing an Electric Franchise Agreement with Sumter Electric Cooperative, Inc. (SECO)

H. Resolution authorizing an Alternative A&G Methodology Agreement with Florida Power Corporation d/b/a Progress Energy Florida, Inc. (PEF)

I. Resoluton authorizing a Termination for Convenience Agreement with Encore Construction terminating an existing agreement for construction services related to the Highland Lakes Water Treatement Plant Improvements J. Resolution authorizing an Agreement with Beach Construction Company of Gainesville, Florida for construction services related to the Highland Lakes Water Treatement Plant Improvements for a total value of $2,029,000.00

K. Resolution authorizing the Police Department to apply for and accept the Edward Byrne Grant from the US Department of Justice for $20,829.00 for the purchase of security and tactical equipment

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

A. Miscellaneous Accounts Receivable Balances with the City Attorney as of May 31, 2011

B. Expected Write-offs as of May 31, 2011

C. Monthly Financial Report for May 31, 2011

7. CITY ATTORNEY ITEMS:

8. CITY MANAGER ITEMS:

9. PUBLIC COMMENTS: This section is reserved for members of the public to bring up matters of concern or opportunities for praise. Issues brought up will not be discussed in detail at this meeting. Issues will either be referred to the proper staff or will be scheduled for consideration at a future City Commission Meeting. Comments are limited to two minutes.

10. ROLL CALL:

11. 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. 4.B.1. AGENDA MEMORANDUM

Meeting Date: June 27, 2011

From: Mike Thornton, Purchasing Manager

Subject: Purchase request 43773 to Mark Cook Builders, Inc. for the installation of a new metal roof on the Electric Department transformer shop.

Staff Recommendation: Staff recommends approval of the purchase request to Mark Cook Builders, Inc. for a total amount of $29,148.00.

Analysis: This project is necessary to remove and replace a metal roof on the transformer shop building at the Electric Department. The roof has deteriorated to a point where leaks occur during rain events.

The specifications call for removing the existing 26 gauge metal roof and replacing it with a new roof using 26 gauge metal Purlin Bearing Rib Panel (PBR). The new roof will be installed with a 20-year warranty on materials. The roof to be replaced is approximately 8,800 square feet.

The total amount of $29,148.00 includes an owner contingency of $2,000.00 for replacement of insulation. This amount will be used to replace any insulation that has been damaged from leaks.

Procurement Analysis: The Public Works department estimated this project would not exceed $25,000.00. Therefore, they proceeded with the creation of specifications and inviting qualified contractors to submit quotes for the work.

They invited the following contractors to perform a site visit and submit quotes:  Wagner 3  Mark Cook Builders  Guilfoil Construction  Uniqco, LLC  Mott Concrete (No Bid)  Protective Coatings (No Bid) On June 9, 2011 at 10:00 AM, Public Works received the following quotes from the responding contractors:

Additive Vendor Name Location Base Bid Alternate Insulation Mark Cook Builders, Inc. Leesburg, FL $27,148.00 $0.70/sq. ft. UNIQCO, LLC Groveland, FL $27,500.00 $3.50/sq. ft. Guilfoil Construction, Inc. Summerfield, FL $46,000.00 $1.75/sq. ft.

While Public Works conducted this Request for Quote independently of the Purchasing Division, there is no reason to cancel their Request for Quotation and issue a formal solicitation.

While the $25,000.00 formal solicitation threshold was exceeded, the need for advertising per Florida Statute 255.0525 was not activated. Public Works acted in accordance with the procurement policy and procedure of the City; however, the price quotes received were higher than staff estimated. Reissuing this procurement as a formal solicitation would provide no additional benefit to the City. It would most likely delay the needed work and create the potential for further damage to the roof and structure.

Options: 1. Approve the purchase to Mark Cook Builders, Inc. for a total amount of $29,148.00 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: This repair was not included in the current budget, but adequate Renewal and Replacement funds are available to cover this expense. A budget adjustment will be necessary to add the funds to the Electric budget.

Submission Date and Time : 1/18/2018 3:06 PM ____

Department: _Public Reviewed by: Dept. Head ______Account No. _ 041-1099-531.62-10_ __ Works______Prepared by: _Mike Thornton______Finance Dept. ______JB______Project No. __410013______Attachments: Yes____ No __X___ Advertised: ____Not Required __X___ Deputy C.M. ______WF No. _____WF0731447 / 1_____ Dates: ______Submitted by: Attorney Review : Yes___ No ____ City Manager ______Budget _____0______

______Available ____0______Revised 6/10/04 4.C.1. AGENDA MEMORANDUM

From: Jay Evans, City Manager

Subject: Resolution authorizing an agreement with Simon Property Group, Lake Square Mall, for an emergency response staging area for the City of Leesburg's Utility Operators

Staff Recommendation: Staff recommends approval of an agreement with Simon Property Group for an emergency response staging area for the utility operators.

Analysis: The mall management team contacted staff to renew the agreement for the use of a portion of their parking lot to stage utility vehicles and equipment during emergency or disaster situations. The agreement allows any City of Leesburg utility department and/or their contractors to make use of the area east of JC Penney to stage equipment, vehicles, and crews during emergency or disaster recovery operations.

The use of this area is a potential advantage during recovery operations where there is significant damage in this area. This site provides a convenient location from which to dispatch and respond to this area.

Options: 1. Approve the agreement with Simon Properties; or 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: There is no fiscal impact associated with accepting this agreement.

Department: _Administration______Reviewed by: Dept. Head ______Account No. ______Prepared by: _Jay Evans______Attachments: Yes _X___ No ______Finance Dept. ______JB______Project No. ______Advertised: ____Not Required ______Dates: ______Deputy C.M. ______WF No. ______Attorney Review : Yes___ No ____ Submitted by: City Manager ______Budget ______Revised 6/10/04 Available ______RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE LICENSE AGREEMENT WITH SIMON PROPERTY GROUP, LAKE SQUARE MALL, FOR AN EMERGENCY RESPONSE STAGING AREA FOR THE CITY OF LEESBURG'S UTILITY OPERATORS; 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 Revocable License Agreement with Simon Property Group, whose address 10401 US Hwy 441, Leesburg, Florida 34788, for use of temporary disaster staging areas at the Lake Square Mall.

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 June, 2011.

______Mayor

ATTEST:

______City Clerk 4.C.2. AGENDA MEMORANDUM

From: Doug Drymon, Deputy City Manager

Subject: Resolution authorizing a Letter of Agreement with Florida State University for Professional Services provided in connection with the Certified Public Manager (CPM) Program

Staff Recommendation: Staff recommends the City Commission authorize approval of the attached Letter of Agreement with Florida State University for instruction provided in connection with the Certified Public Management Program.

Analysis: The Florida Certified Public Manager Program is a nationally-recognized comprehensive training and development program for public sector managers at all levels of state and local government, and consists of a total of seven learning “levels,” each of one week’s duration (each week consisting of four days, with classroom hours scheduled 8:30 a.m. to 4:30 p.m. each day). A new level is generally held every 2 ½ months, so students can normally expect to complete the CPM program in approximately 2 years. In addition to attending the class sessions, participants are also required to complete out-of-class readings, projects and comprehensive examinations. The seven course levels scheduled to be covered during the CPM class are:

 Management of Individual Performance  Management of Group Performance  Management of Organizational Performance  Managing Organizational Effectiveness  Social Change and Its Impact On Public Management  A Systems Focus  Policy Perspectives

Options: 1. Approve Resolution authorizing the Mayor and City Clerk to execute the attached Letter of Agreement with Florida State University. 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: The City of Leesburg and the Center for Public Management at FSU have agreed that the City will be responsible for hosting the seven CPM class sessions and will pay FSU $3,740.00 per session, plus instructor travel expenses, to cover a maximum of 17 participants. The City of Leesburg will pay FSU $220.00 for each additional participant above this number. Of the $3,740.00 cited, the City intends to cover the costs for three of its own participants: Fire Chief Kevin Bowman, Police Captain Rob Hicks, and Solid Waste Supervisor Steve Lueallen and has been included in the proposed FY 11-12 budget. The remaining portion of the class costs for the other 14 participants will be covered by reimbursements from their respective sponsoring agencies (the cities of Clermont, Eustis, Groveland, Minneola, and Lake County). This means that the City of Leesburg’s direct out-of-pocket costs will amount to $660.00 per session (for three participants) plus a proportionate share of instructor travel costs. Holding the CPM class sessions at a Leesburg-owned facility will result in additional cost savings to the City in terms of participant travel costs and time. The individual class sessions will be held either at the Community Building or at the Cultural Arts Center. Submission Date and Time : 1/18/2018 3:06 PM ____

Department: ______Reviewed by: Dept. Head ______Account No. _046-5143-534-5520 Prepared by: ______046-5144-534-5520 Attachments: Yes____ No ______Finance Dept. ____JB______001-2111-521-5520 Advertised: ____Not Required ______001-2220-522-5520 Dates: ______Deputy C.M. ______Attorney Review : Yes___ No ____ Submitted by: Project No. ______City Manager ______WF No. ______Revised 6/10/04 Budget ______$61,470.00______

Available ______$38,286.26______RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LETTER OF AGREEMENT WITH FLORIDA STATE UNIVERSITY FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE CERTIFIED PUBLIC MANAGER PROGRAM (CPM); AND PROVIDING AN EFFECTIVE DATE.

THAT the Mayor and City Clerk are hereby authorized to execute an agreement with the Office of Sponsored Research, Florida State University, 874 Traditions Way, 3rd Floor, Tallahassee, Florida 32306-4166, for instructional services to be provided in connection with the Florida Certified Public Manager (CPM) Program.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the 27th day of June 2011.

______Mayor

ATTEST:

Subject: Resolution ratifying the City Manager’s emergency purchase authorization to Robinson Aviation (RVA), Inc. for equipment repairs at the airport control tower

Staff Recommendation: Staff recommends ratification of City Manager’s authorization for an emergency purchase to Robinson Aviation (RVA), Inc. for equipment repairs at the Leesburg International Airport control tower damaged from lightning for a total amount of $46,923.30.

Analysis: On March 31, 2011 Leesburg International Airport experienced a severe lighting strike that caused significant damage to the airport’s tower communications systems, weather systems, power generation system, and various areas of the runway lighting system. This lightning strike directly impacted the safety of aircraft arriving and departing Leesburg. With the support of specific contractors and vendors, air traffic operations were able to resume operations within 24 to 30 hours after the lightning strike.

As for the communications systems, the lightning damaged the air traffic control tower’s voice switch system. This system interfaces the radio systems, the direct communications lines with the FAA Approach Control Center, and other communications services; and is the primary communications between the pilots and the air traffic controllers. Without this voice switch system, controllers are extremely limited in safely directing air traffic into and out of the airport.

Additionally, the control tower’s weather displays were damaged by the lightning strike. These displays provide vital weather information that is used to inform pilots of weather conditions on the airfield as well as providing pilots Altimeter readings required for safely landing the aircraft.

The City immediately contacted Robinson Aviation (RVA), inc., who originally installed the control tower’s communications and weather systems back in 2006 when the control tower was built, and who currently maintains these systems. Upon notification, RVA were on site to evaluate the damage and restore air traffic control communications. Additionally, RVA shipped and installed temporary voice switch console equipment and weather displays until permanent replacement equipment could be procured, delivered, installed, tested and operational for air traffic control. Within 24 hours of the lighting strike, RVA had communications in place for air traffic control operations. And within 30 days of the lightning strike, RVA worked with the specific vendors in acquiring the permanent replacement equipment; delivered and installed the replacement items; and had the control tower communications and weather systems 100% operational. This feat normally takes up to 60-75 days to achieve. The City Manager authorized an emergency purchase with Robinson Aviation (RVA), Inc. from Oklahoma City, OK. As previously stated RVA was able to get the critical equipment up and running within 24 hours of the strike.

During this same lightning strike, the airport suffered damage to the electric access gates. These repairs totaling $12,586.56 were made by Smartwatch Security & Sound, LLC. This purchase is within the City Managers approval authority.

The City’s Risk Manager is pursuing an insurance claim to offset some of the costs related to damage from the lighting strike. The City does have a $25,000.00 deductable that will not be recoverable.

Options: 1. Ratify the emergency purchase authorized by the City Manager; or 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: The fiscal impact from this lighting strike will be repairs totaling $59,509.86. Should the City recover all damages less the deductable from our insurance carrier, the net fiscal impact will be $34,509.86. Currently, the Airport Operating budget is absorbing the additional expense and Finance will monitor throughout the rest of the year to see if a budget adjustment is necessary.

Department: _Airport______Reviewed by: Dept. Head ______Account No. _ 001-1821-542.46-30 __ Prepared by: _Mike Thornton______Attachments: Yes____ No __X___ Finance Dept. ______JB______Project No. ______Advertised: ____Not Required __X___ Dates: ______Deputy C.M. ______WF No. ______Attorney Review : Yes___ No ____ Submitted by: City Manager ______Budget ______Revised 6/10/04 Available ___$108,955.35______RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG RATIFYING THE CITY MANAGER EMERGENCY PURCHASE AUTHORIZATION TO ROBINSON AVIATION (RIVA), INC. FOR EMERGENCY REPAIRS TO AIRPORT EQUIPMENT DAMAGED IN A LIGHTNING STRIKE; AND PROVIDING AN EFFECTIVE DATE.

THAT the City Commission hereby ratifies an emergency purchase authorized by the City Manager to Robinson Aviation (RVA), Inc. for repairs to equipment in the Leesburg International Airport control tower necessary for the safe operation of the control tower and air traffic.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the 27th day of June 2011

______Mayor

ATTEST:

From: J. Cunningham Perry, Human Resources Director

Subject: Resolution eliminating the position of Electric Operations Manager and approving the position of Deputy Director Electric Department

Staff Recommendation: Staff recommends approval of the attached job description for Deputy Director Electric Department. Staff further recommends deletion of the Electric Department Operations Manager Position.

Analysis: There is a current need for dedicated full time project management staffing to ensure Leesburg’s functional and technical requirements are fully met during the deployment and implementation of the Smart Grid Investment project which is anticipated to be completed prior to May 13, 2013. The ongoing need for professional management of the newly acquired technologies and operating systems to ensure the continuing full realization of the potential benefits to Leesburg customers and the utility that will help us reach our 2020 Vision, a reclassification of the currently vacant Electric Operations Manager (Paygrade 137) position to Deputy Director of Electric Department (Paygrade 141) is necessary.

Options: 1. Authorize the adoption of the reclassification of the position of Electric Department Operations Manager position (Paygrade 137) to Deputy Director, Electric Department (Paygrade 141) effective upon approval by the City Commission; or

2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: The difference between the two annual salaries will result in an increase in Electric expenses of $38,667.20.

Department: _Human Resources______Reviewed by: Dept. Head ______Account No. __041-1062-531-1210____ Prepared by: Jakki Cunningham Perry _ Finance Dept. _____JB______Project No. ______Attachments: Yes_x__ No ______Advertised: ___Not Required _x_____ Deputy C.M. ______WF No. ______Dates: ______Submitted by: Attorney Review : Yes___ No _x___ City Manager ______Budget ___$56,347.20______

______Available ____$56,347.20______Revised 6/10/04 RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, ELIMINATING THE POSTION OF ELECTRIC OPERATIONS MANAGER (PAYGRADE 137) AND CREATING AND APPROVING FOR POSTING THE POSITION OF DEPUTY DIRECTOR ELECTRIC DEPARTMENT (PAYGRADE 141); AND PROVIDING AN EFFECTIVE DATE.

THAT the City Commission of the City of Leesburg hereby approves deleting the position of Electric Operations Manager (Paygrade 137) and creates and approves for posting the position of Deputy Director, Electric Department (Paygrade 141); and

THAT the City Commission of the City of Leesburg hereby approves the attached job description for Deputy Director, Electric Department and the subsequent posting in substantially the form as attached hereto as Exhibit “A”.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the 27th day of June, 2011.

______Mayor

ATTEST:

______City Clerk 5A. AGENDA MEMORANDUM

From: Chris Edwards, Community Redevelopment Coordinator/Project Manager

Subject: Fair Housing Workshop

Analysis: The City of Leesburg is holding a fair housing workshop to explain the Fair Housing Ordinance for all protected classes.

The City of Leesburg passed a Fair Housing Ordinance November 26, 1990. The Ordinance states the City’s policy is to eliminate discrimination in housing based upon race, color, ancestry, national origin, religion, sex, marital status, familial status, handicap or age.

The Fair Housing Ordinance for the City of Leesburg also includes provision for citizen’s complaints, which will be explained at the workshop. A copy of the Fair Housing Ordinance for the City of Leesburg is attached.

The workshop is part of the requirements for submission of the Community Development Block Grant (CDBG) application to the Florida Department of Community Affairs.

Fiscal Impact:

There is no fiscal impact related to the workshop.

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 ______

5B. AGENDA MEMORANDUM

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

Subject: Ordinance creating an Alternative Water Supply Program

Staff Recommendation: Staff recommends approval of the Alternative Water Supply Program.

Analysis: The consumptive use permit issued by Saint Johns River Water Management District requires the city to adopt a program and regulations for the provision and use of water emanating from alternative sources. To serve the best interests of the public health and welfare, the City needs to adopt such a program, both to fulfill the requirements of its consumptive use permit, and to encourage the conservation of water as a valuable and scarce resource.

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

Fiscal Impact: There is no fiscal impact on the Water fund.

Department: Environmental Services__ Reviewed by: Dept. Head ______Account No. ______Prepared by: _Darel Craine_ Attachments: Yes__x__ No ______Finance Dept. ______JB______Project No. ______Advertised: ____Not Required ______Dates: ______Deputy C.M. ______WF No. ______Attorney Review : Yes_x__ No ____ Submitted by: City Manager ______Budget ______Revised 6/10/04 Available ______ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, CREATING SECTION 22 – 155 IN CHAPTER 22, ARTICLE IV OF THE CODE OF ORDINANCES, PERTAINING TO ALTERNATIVE WATER SUPPLIES; PROVIDING DEFINITIONS; CREATING AN ALTERNATIVE WATER SUPPLY PROGRAM; PROVIDING FOR FEES AND CHARGES FOR THE USE OF ALTERNATIVE WATER SUPPLIES; ESTABLISHING PROCEDURES AND REGULATIONS GOVERNING THE ALTERNATIVE WATER SUPPLY PROGRAM; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Consumptive Use Permit which allows the City of Leesburg to utilize groundwater and other sources of water to provide for a public water supply to its water utility customers requires that the City adopt a program and regulations for the provision and use of water emanating from alternative water sources, and

WHEREAS, it is in the best interests of the public health and welfare that the City adopt such a program, both to fulfill the requirements of its Consumptive Use Permit, and to encourage the conservation of water as a valuable and scarce resource, and

WHEREAS, the City Commission has determined that the provisions of this Ordinance are necessary and desirable for the purposes expressed above,

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

SECTION I.

The City Commission of the City of Leesburg, Florida, hereby creates §22 – 155 in Chapter 22, Article IV of its Code of Ordinances, to read as set forth below:

Section 22 – 155. Alternative Water Supply Program

A. Purpose. The purpose of this Ordinance is to establish an Alternative Water Supply Program and establish regulations, procedures and fees associated with this program. This also includes providing definitions; establishing authority and enforcement; compliance; and an effective date for the implementation of the program.

B. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative Water Supply: means salt water; brackish surface and groundwater; surface water captured predominantly during wet-weather flows; sources made available through the addition of new storage capacity for surface or groundwater; water that has been reclaimed after one or more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water bodies with reclaimed water; stormwater; and any other water supply source that is designated as nontraditional for a water supply planning region in the applicable regional water supply plan.

Augmentation Water: means water from an additional source, such as, stormwater retention ponds, surface water, brackish water, groundwater or from an approved wetland and blended with the final effluent of a City wastewater treatment plant

Backflow device: means either a dual check device composed of two single independently active check valves, as described in the American Water Works Association Standard C506-78 (R83), and the American Society of Sanitary Engineering Standard 1024, and/or a reduced pressure principle device, as described in the American Water Works Association Standard C506-78 (R83), and/or the American Society of Sanitary Engineering Standard 1013.

Billing: means the charge made for alternative water supply service. The charge shall be included on the monthly utility bill.

Charges: means those charges set by the City Commission for costs of providing service, pursuant to this ordinance.

Cross connection: refers to any physical connection or arrangement which would allow the movement of contaminants or fluids between any non-potable water system, such as the alternative water supply system, and a potable water system.

Customer: means the actual user of the alternative water supply system.

DEP: means the Florida Department of Environmental Protection, or its successor in function.

Department: means the Environmental Services department of the City or its successor in function.

Development: means a material change in the use or character of the land, including but not limited to the placement of any structure or substantial alteration on the land.

Director: means the Director of the Environmental Services Department of the City or successor in title.

Discontinuation of service: means cessation of a service by physical separation from the system's service lines to ensure that no service can be received.

PE: means polyethylene.

Public eating, drinking, bathing facility: means water fountains, picnic tables, swimming pools, spas, and food service facilities, such as tables and beverage counters that are open to and provide service for the public.

PVC: means polyvinyl chloride. Reclaimed water: means treated effluent from a City wastewater treatment plant supplied through the reclaimed water distribution system.

Reclaimed water reuse system: means those reclaimed water mains, lines, fittings, valves and appurtenances installed in public rights-of-way or utility easements, which are owned by the City.

Service valve: means the manually operated valve which controls total reclaimed water flow to the customer's property located at the point where the alternative water supply service line crosses the property line.

Well: means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of groundwater.

C. Integration of Alternative Water Supply. This ordinance establishes that the City's existing utility will be expanded to include alternative water supply services, if feasible, and allocates responsibilities for facilities owned by the City.

D. Program Created. There is hereby created an alternative water supply and reclaimed water reuse program for the City. The purposes of the program are to utilize highly treated reclaimed wastewater and other alternative water supply sources within the City for environmentally suitable purposes and to conserve groundwater supplies for future generations by minimizing the use of potable water from groundwater sources by appropriate uses of alternative water supplies. The City has elected to create an alternative water supply program in order to reduce demand on the potable water system through reuse/disposal of highly treated reclaimed water by land application or other suitable purposes.

E. Compliance With State Regulations. The construction, maintenance and use of the alternative water supply system shall be in accordance with the provisions of F.A.C. 62-610, as amended, or any successor or replacement regulations pertaining to alternative water supply systems. If any of the provisions of that chapter are more restrictive than the provisions of this code, the applicable provisions of F.A.C. 62-610 shall prevail.

F. Promulgation of Regulations. The City Manager or designee shall have the power to promulgate procedures and regulations with respect to the following matters, which procedures and regulations shall become effective upon a resolution approving such procedures and regulations being adopted by the City Commission:

(1) Application procedures, forms and requirements, and allowable uses other than irrigation. All uses must be in accordance with applicable State of Florida regulations.

(2) Installation requirements, including specification of acceptable materials, devices and regulations to prevent backflow or cross connections with other systems.

(3) Procedures for enforcement of the ordinances and regulations pertaining to reclaimed water, including procedures for inspection of the customer's system.

(4) Procedures for the orderly expansion of the alternative water supply system. (5) Procedures and regulations for the efficient operation of the alternative water supply system.

G. Restrictions on Use of Alternative Water Supply. No person shall construct, operate, maintain or allow to remain present on property owned or controlled by him any device or system which is connected to or which controls a device or system connected to the City's alternative water supply system and which is not in compliance with all provisions of this ordinance, and applicable State of Florida regulations related to alternative water, and with all procedures and regulations promulgated pursuant to this section. Alternative water shall not be directed or piped into any residence or commercial building. The City is authorized to enter upon any property where a non – complying device or system is located and to remove such device or system, or secure it so that it can no longer be utilized in violation of this ordinance or applicable State regulations. The person who owns or controls the property upon which such a non- complying device or system is found shall be liable to the City for the amount by which the costs associated with the securing and/or removal of the non-complying device or system exceeds the cost of a normal discontinuance of service. These excess costs shall constitute a lien against the property upon which the non-complying device or system is located, which shall take priority as of the date a notice of such lien is recorded in the Public Records of Lake County, Florida. .

H. Discontinuance of Service Authorized. Any customer whose alternative water supply system is in violation of any City or State of Florida ordinance, regulation or procedure shall be subject to immediate discontinuance of alternative water supply service. The City shall disconnect alternative water supply service to any user due to tampering with any service, for the presence of plumbing cross connections with any other water source, nonpayment of bills, or for any other reason which is deemed by the City to be detrimental to the system. The City shall disconnect service until the condition is corrected and all costs due the City are paid. These costs shall include delinquent billings, disconnection and reconnection charges, and payment for any damage caused to the system. At no time during the period of disconnection shall the monthly service charges be abated. Should service be turned on without authorization, the City shall remove the service and the violator shall be subject to section 22 – 213 of this Code. The City shall have the authority to lien the real property of any user for nonpayment, by filing a notice of such lien in the Public Records of Lake County, Florida; and if the nonpayment continues for a period of three months following the recording of the lien, the City shall have the right to foreclose the lien. Such discontinuance of service shall not relieve any person of liability for civil actions or for criminal or municipal ordinance violation prosecution.

I. Existing Wells. Upon being connected to the City's alternative water supply system, any existing wells on the subject property shall not continue to be used for irrigation and shall be disconnected from the irrigation system.

J. Easements. . This provision shall not be construed to entitle any person to cross the property of another to make such connections. All connections and associated infrastructure shall be placed within duly dedicated public easements or within private easements as to which the customer has the legal right to utilize the easement for this purpose.

K. Fees and Charges. Any user of the alternative water supply system shall pay to have the alternative water supply system and connection installed. Once the service is connected, the user shall pay a minimum monthly availability charge and a usage charge. These charges will be set by resolution of the City Commission, and are on file in the City Clerk's office.

2. Bills for alternative water supply service shall be rendered as a part of the regular City bill for utility services.

3. For purposes of this section, an alternative water availability charge is a charge established by the City Commission for the availability of alternative water supply service provided by the City to a property. Alternative water supply service is deemed available to a property if an alternative water meter is located at the property regardless of whether the property is actively receiving alternative water supply service. The charge shall be billed in the City utility bill of the consumer for those accounts which are actively receiving alternative water supply service and in a utility bill to the owner of the property for those properties not actively receiving alternative water supply service.

L. Location of City Facilities. No facilities will be installed under the provisions outlined in this ordinance nor will any such facilities be accepted by the City for maintenance, unless they are located wholly within a dedicated public right-of-way or dedicated public easement. Any new easement shall be adequately sized as approved by the Utility Director to accommodate construction and maintenance of any alternative water supply system component. No obstruction of whatever kind shall be planned, built or otherwise created within the limits of the easement or right-of-way without written permission of the Utility Director. M Ownership of System. All alternative water facilities and appurtenances within dedicated public easements, when constructed or accepted by the City shall become and remain the property of the City. No person shall, by construction of facilities accepted by the City, acquire any interest or right in any of these facilities or any portion of such facilities, other than the privilege of having their property connected for alternative water service in accordance with this ordinance.

N. Right to Refuse Service. The City shall have the right, at all times, to refuse to extend service on the basis of a use detrimental to the system, inadequate supply of alternative water, lack of payment of required service charge, or for any other reason which, in the judgment of the Director (as constrained by the provisions of this or any other applicable City ordinance), will cause the extension not to be to the benefit of the City.

O. Interruption of Service. The City reserves the right to discontinue service temporarily to any portion of, or the entire, alternative water supply system as deemed necessary by the Environmental Services Director.

The Environmental Services Director shall have the authority to establish schedules to control the use of the water reuse system in order to reduce maximum pressure demands on the system and to regulate usage of reused water to balance with supply and storage availability.

P. Cross Connections. Prior to connecting a user to the alternative water supply system, the public potable water supply shall be protected by installation, at the user's expense, of an approved cross connection control assembly. Q. Unauthorized Work on System. No person, unless expressly authorized by the Environmental Services Director or his designee, shall tamper with, work on, or in any way alter or damage any City alternative water facility. Tampering or work shall include but is not limited to opening or closing of valves, or causing of any water to flow from the system. No unauthorized person shall cut into or make any connection with the system. The offending person shall be liable for the cost of all charges attributable to the correction of such tampering, including legal expenses; but payment of or correcting of such damage shall not relieve the offending person from civil or criminal penalties the City or a court of law may impose for a violation of a City ordinance.

The service valve located between the alternative water customer's irrigation system and the City's distribution system may be operated by the customer only when his private valve, required on the customer's premises, requires repair.

R. Inspections. To ensure that all provisions of City ordinances, regulations and procedures are being observed, the City reserves the right and privilege of inspecting, removing and/or securing any or all devices installed by the customer which connect to or control the alternative water.

(1) Inspections without cause to believe that an ordinance or regulation is being violated shall be at reasonable times and shall not exceed a reasonable frequency.

(2) Inspections where there is reasonable cause to believe that an ordinance or regulation is being violated shall be at such times and shall occur with such frequency as is necessary to establish that an ordinance or regulation is or is not being violated.

(3) Each customer of alternative water shall, by application, give prior written consent to entry upon his premises, and thereby waives any other written notice for such inspection and any right to refuse entry. Failure of the City to obtain such a written waiver shall not affect the right of the City to proceed pursuant to subsections (1) and (2) of this section.

(4) Refusing to permit an authorized City agent or employee to enter onto the premises for the purpose of inspecting the customer's alternative water supply system pursuant to this section shall constitute a violation of this section and shall be grounds for immediate discontinuance of the alternative water supply service by the City to the subject premises.

S. New Subdivisions. The following provisions shall govern installation of alternative water supplies in new subdivisions:

1. Minimum service requirements.

(a) All new subdivisions located within the existing City Utility Service Area shall construct alternative water mains to provide irrigation and other non-potable service to all lots based on the projected amount of property to be irrigated, as well as other potential non-potable uses, including common elements. Alternative water supply service including required back flow prevention devices and taps shall be installed for each lot, with a minimum service tap size of three-fourths inch in diameter. Actual service tap size and potential sharing of service lines shall be reviewed and approved. These improvements shall be completed and in place regardless of whether City alternative water is available to the project at the time of development. At such time as City alternative water is available each lot and other property to which a tap was required shall accept City alternative water supply service.

(b) Site development plans for all new development on previously vacant property where the City alternative water lines adjoin the property shall show irrigation systems connected to alternative water mains where available. Where such service is not currently available, site plans shall show irrigation systems which shall be configured for ultimate connection to alternative water mains by locating pumps or potable water system connections adjacent to the right-of-way or other planned alternative water main location.

(c) Alternative Water Supply Systems shall be required within all subdivisions receiving final plat approval after the date which is 60 days following the effective date of this Ordinance.

2. Existing Landscape Irrigation System. Existing landscape irrigation system located within the City shall accept City alternative water supply service when available as follows:

(a) If the existing irrigation system on such property is using City potable water for irrigation the property shall connect to the City's alternative water supply service when available.

(b) If the existing irrigation system on such property is using a private well located on the property or lake water for irrigation then such property shall connect to the City's alternative water supply service when available.

(c) No new irrigation system for landscaping use shall be allowed in the City unless it connects to the City's alternative water lines if such lines are available to the property seeking irrigation.

3. System design. The layout of alternative water supply systems shall comply with the following design criteria and the adopted standard utility details of the City:

4. General standards. Design and installation practices, materials and methods shall conform with requirements for potable water systems, except where specifically modified by policies or details adopted for the alternative water supply system.

5. Main size. Mains shall be sized based on the anticipated demand for alternative water use based on land use, soil characteristics and potential non-irrigation use. Minimum main size shall be six inches in diameter.

6. Extension of lines to project boundaries. Alternative water mains shall be designed to stub out to the project boundaries to serve adjacent unserved properties. This shall include mains in all rights-of-way, across the entire project frontage on existing roads without existing mains, and to the property boundary via easement when no other access is available to unserved properties.

7. Color coding of alternative water appurtenances. All alternative water supply materials shall be color coded purple from the manufacturer.

8. Availability. Availability shall mean the City having sufficient capacity to provide service to a subject property and the alternative water lines being physically located within 120 feet of the subject property.

SECTION II.

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 III.

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 IV.

Headings in this Ordinance are for informational purposes only and shall not be utilized or referred to for any purpose in the interpretation of this Ordinance.

SECTION V.

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 , 2011.

THE CITY OF LEESBURG, FLORIDA

BY: MAYOR

Attest: CITY CLERK 5C. AGENDA MEMORANDUM

Date: June 13, 2011

From: Jerry Boop, CPA, CGFO Finance Director

Subject: Ordinance reallocating the 2008 Revenue Note for the Carver Heights/Montclair Area CRA

Staff Recommendation: Staff recommends adoption of the attached ordinance reallocating the 2008 Revenue Note for the Carver Heights/Montclair Area CRA.

Analysis: The following adjustments are required to reallocate the 2008 Revenue Note among the projects based on actual and projected expenditures:

Project Current Proposed Budget Difference Budget Beecher St Properties $ 66,000 $ 69,500 $ 3,500 Land Purchases 630,700 627,200 (3,500) Eligible Projects 251,178 181,178 (70,000) Redevelopment Plan 0 20,000 20,000 Marketing Underground Utility Lines 50,000 50,000 0 Entrance Improvements 120,000 120,000 0 Park Improvements 0 100,000 100,000 Berry Park 100,000 0 (100,000) Lighting 80,000 0 (80,000) Sidewalks 94,000 0 (94,000) Infrastructure Projects/Improve 0 224,000 224,000 $ 1,391,878 $ 1,391,878 $ -0-

Following are detailed comments and analysis on the requested reallocation of the budget from Chris Edwards CRA Coordinator. Beecher Street Properties: Under the difference column, a total of $3,500 is shown. A total of $3,500 was transferred from the Land Purchases category to compensate for a budget deficit in the Beecher Street Properties category. The total budget pursuant to the $3,500 transfer is $69,500.

Land Acquisition: Based on the transfer total of $3,500 to the Beecher Street Properties category the remaining balance was $627,200. However to date, a total of $189,546 has been expended on subject projects. The total remaining balance is $437,454.

Eligible Projects: Under the difference column, a total of $70,000 is shown. A total of $20,000 was transferred to the Redevelopment Plan Amendment and Marketing category and a total of $50,000 was transferred to the Infrastructure Improvement Project category for a total transfer amount of $70,000.

The total remaining balance to date is $181,178. The balance of $181, 178 is designated for the following projects/programs: Housing Rehabilitation Program (Project R.E.F.R.E.S.H.), Business Redevelopment Assistance and Guidance Group (B.R.A.G.G.), Demolition Program and 1st time Homebuyers Program Assistance.

Redevelopment Plan Amendment and Marketing: In order to complete newly recommended projects and programs provided by the community- based advisory committee (West Leesburg CDC), a revised Carver Heights CRA redevelopment plan is required. Based on the need to amend the current plan (adopted in 2001), staff recommends a total budget of $20,000. The budget will cover the expense of professional fees and document preparation. In addition to the amendment of the plan, a marketing component is needed. Marketing will help stimulate public and private sector project/program investment and engagement in the CRA.

Park Improvements (Berry Park and Holliman Way): Staff recommends a total park improvement budget of $100,000. Due to the lack of external funding from the State, there is no need to allocate more than $100,000 to this category. In the past two state grant funding cycles, staff has submitted grant applications for development assistance but no funding is available. Staff does not anticipate any funding for the current funding cycle.

Under the difference column, a total of $80,000 is shown for Lighting and a total of $94,000 is shown for Sidewalks. The total for lighting and sidewalks is $174,000. The community has recommended that staff allocate more funding for community-wide infrastructure improvements. Staff recommends Sidewalks and Lighting sub categories consolidate to the Infrastructure Improvement category with a total budget of $174,000.

Infrastructure Improvements: Based on the need for infrastructure improvements throughout all of the CRA (lighting, sidewalks, drainage etc.), staff recommends a total budget of $224,000. Funding for this category is supported by the consolidation of Sidewalks and Lighting total budget of $174,000 and a total of $50,000 from the eligible projects category. Staff recommends the total budget of $224,000 in an effort to improve infrastructure throughout the CRA, especially the current Beecher Street/Griffin Road Drainage Improvement Project in relation the CDBG application.

Options: 1. Adopt the attached ordinance reallocating the 2008 Revenue Note for the Carver Heights/Montclair Area CRA; or 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: Due to the IRS certificate attached to the various Bond Issues and Bank Notes, both bond and disclosure counsel have suggested formal adoption and recognition of changes in funding between projects by the governing body in charge. This practice has been in place since the issuance of the 2004 Capital Improvement Bonds. There is no fiscal impact on the Carver Heights/Montclair Area CRA.

Department: ______Reviewed by: Dept. Head ______Account No. ______Prepared by: ______Attachments: Yes____ No ______Finance Dept. ____JB______Project No. ______Advertised: ____Not Required ______Dates: ______Deputy C.M. ______WF No. ______Attorney Review : Yes___ No ____ Submitted by: City Manager ______Budget ______Revised 6/10/04 Available ______ORDINANCE NO.______

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, REALLOCATING THE 2008 REVENUE NOTE BETWEEN VARIOUS PROJECTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is now necessary to reallocate the 2008 Revenue Note for the Carver Heights/Montclair Area CRA and,

WHEREAS, such action was not anticipated in the original 2008 Revenue Note for the Carver Heights/Montclair Area CRA,

Project Current Proposed Budget Difference Budget Beecher St Properties $ 66,000 $ 69,500 $ 3,500 Land Purchases 630,700 627,200 (3,500) Eligible Projects 251,178 181,178 (70,000) Redevelopment Plan 0 20,000 20,000 Marketing Underground Utility Lines 50,000 50,000 0 Entrance Improvements 120,000 120,000 0 Park Improvements 0 100,000 100,000 Berry Park 100,000 0 (100,000) Lighting 80,000 0 (80,000) Sidewalks 94,000 0 (94,000) Infrastructure Projects/Improve 0 224,000 224,000 $ 1,391,878 $ 1,391,878 $ -0-

Beecher Street Properties: Under the difference column, a total of $3,500 is shown. A total of $3,500 was transferred from the Land Purchases category to compensate a budget deficit in the Beecher Street Properties category. The total budget pursuant to the $3,500 transfer is $69,500.

Land Acquisition: Based on the transfer total of $3,500 to the Beecher Street Properties category the remaining balance was $627,200. However to date, a total of $189,546 has been expended on subject projects. The total remaining balance is $437,454.

Eligible Projects: Under the difference column, a total of $70,000 is shown. A total of $20,000 was transferred to the Redevelopment Plan Amendment and Marketing category and a total of $50,000 was transferred to the Infrastructure Improvement Project category for a total transfer amount of $70,000.

The total remaining balance to date is $181,178. The balance of $181, 178 is designated for the following projects/programs: Housing Rehabilitation Program (Project R.E.F.R.E.S.H.), Business Redevelopment Assistance and Guidance Group (B.R.A.G.G.), Demolition Program and 1st time Homebuyers Program Assistance. Redevelopment Plan Amendment and Marketing: In order to complete newly recommended projects and programs provided by the community- based advisory committee (West Leesburg CDC), a revised Carver Heights CRA redevelopment plan is required. Based on the need to amend the current plan (adopted in 2001), staff recommends a total budget of $20,000. The budget will cover the expense of professional fees and document preparation. In addition to the amendment of the plan, a marketing component is needed. Marketing will help stimulate public and private sector project/program investment and engagement in the CRA.

Park Improvements (Berry Park and Holliman Way): Staff recommends a total park improvement budget of $100,000. Due to the lack of external funding from the State, there is no need to allocate more than $100,000 to this category. In the past two state grant funding cycles, staff has submitted grant applications for development assistance but no funding is available. Staff does not anticipate any funding for the current funding cycle.

Under the difference column, a total of $80,000 is shown for Lighting and a total of $94,000 is shown for Sidewalks. The total for lighting and sidewalks is $174,000. The community has recommended that staff allocate more funding for community-wide infrastructure improvements. Staff recommends Sidewalks and Lighting sub categories consolidate to the Infrastructure Improvement category with a total budget of $174,000.

Infrastructure Improvements: Based on the need for infrastructure improvements throughout all of the CRA (lighting, sidewalks, drainage etc.), staff recommends a total budget of $224,000. Funding for this category is supported by the consolidation of Sidewalks and Lighting total budget of $174,000 and a total of $50,000 from the eligible projects category. Staff recommends the total budget of $224,000 in an effort improve infrastructure throughout the CRA, especially the current Beecher Street/Griffin Road Drainage Improvement Project in relation the CDBG application.

WHEREAS, there is no fiscal impact on the Carver Heights/Montclair Area CRA

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

SECTION I. 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 the regular meeting held the _27th____ day of June 2011. ______Mayor ATTEST:

______City Clerk 5D. AGENDA MEMORANDUM

MEETING DATE: June 27, 2011

FROM: Bill Wiley, AICP, Director of Community Development

SUBJECT: Ordinance vacating a portion of Oak Park Homesites (.5 +/- acre) for an unused right of way

Staff Recommendation: The Planning staff and Planning Commission recommend approval of the request for vacating a portion of Oak Park Homesites (.5 +/- acre). The area to be vacated is currently an unused right of way and its reservation for the proposed use as a roadway is no longer needed. The impacted areas are situated totally within the boundaries of the property that is currently owned by the applicants. The applicant wishes to use the vacated property for customer parking.

Analysis: The vacation of the right-of-way is requested by property owners Charles and Lucy Townsend. This property is generally located east of Lee Street and south of W. North Boulevard. Utility easements, as required by the City of Leesburg, shall be provided by the property owner to allow access to all existing and/or required utility service(s) for this property.

By a vote of 4 to 0, the Planning Commission on May 19, 2011 recommended approval.

Options: 1. Approve the request to vacate the right-of-way for Oak Park Homesites. 2. Other action the Commission may deem appropriate.

Fiscal Impact: No fiscal impact is anticipated as a result of the vacation of this right-of-way.

Department: Community Development Reviewed by: Dept. Head ___Yes___ Account No. ______Prepared by: Bill Wiley, AICP _ Attachments: Yes__X__ No ______Finance Dept. ______Project No. ______Advertised: ____Not Required ______Dates: ______Deputy C.M. ______WF No. ______Attorney Review : Yes_X__ No ____ Submitted by: City Manager ______Budget ______Revised 6/10/04 Available ______ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, VACATING A PORTION OF THAT RIGHT OF WAY ORIGINALLY DESCRIBED IN PLAT BOOK 11, PAGE 83, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND KNOWN AS A PORTION OF OAK PARK HOMESITES RIGHT-OF-WAY (.5 ACRES +/-), SAID PROPERTY GENERALLY LOCATED EAST OF LEE STREET AND SOUTH OF W NORTH BOULEVARD, LYING IN SECTION 26, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. (OAK PARK HOMESITES)

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

Section 1.

The City Commission of the City of Leesburg, Florida, finding that a portion of Oak Park Homesites right-of-way (.5 +/- acre) in Lake County, Florida, is not needed for public purposes, has therefore authorized that the portion of said right-of-way, legally described below is hereby vacated and relinquished, except as reserved hereinafter:

Section 2.

The provisions of Section 1 notwithstanding, this Ordinance shall not be construed to release, and the City Commission hereby reserves, any and all existing recorded easements for utilities in favor of the City of Leesburg in and to any portion of the property located in the vacated right of way.

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 27th day of June, 2011.

BY: MAYOR Attest: CITY CLERK 5.E.1. AGENDA MEMORANDUM

FROM: Bill Wiley, AICP, Community Development Director

SUBJECT: Ordinance for annexation of JIREH Investors, LLC property

Staff Recommendation The Planning staff recommends approval of the proposed annexation for JIREH Investors, LLC property.

Analysis The property owner submitted an application for annexation of approximately 15 acres of land generally located on the west side of C.R. 468 and south of Lewis Road, as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is used for agriculture and a single family home and the proposed use is for offices, retail and warehousing.

The surrounding zoning of adjacent properties is County RP (Residential Professional) and County R-3 (Medium Residential District) on the north, County RP (Residential Professional) on the south, County A (Agriculture) and County R-7 (Mixed Residential District) on the east, and City PUD (Planned Unit Development) on the west. The proposed Land Use designation for the subject property is City General Commercial. The annexation of the property would allow for more compact urban form.

Also on the agenda for this meeting is a rezoning application for this property, which was recommended for approval by the staff, but denied by the Planning Commission due to public concerns regarding compatibility with neighboring agricultural uses. The Large Scale Comprehensive Plan Amendment will be handled during this year’s required EAR Amendments

City water and wastewater utilities are available in the area. The developer is responsible for all costs and construction work required 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 will give the City jurisdiction over the use and future 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

Fiscal Impact: A positive fiscal impact will result from the development of this property as shown on the Fiscal Impact Analysis.

Submission Date and Time :

Department: Community Development Reviewed by: Dept. Head ___BW___ Account No. ______Prepared by: Bill Wiley AICP Attachments: Yes_X__ No ______Finance Dept. ______Project No. ______Advertised: ____Not Required ______Dates: ______Deputy C.M. ______WF No. ______Attorney Review : Yes_X__ No ____ Submitted by: City Manager ______Budget ______Revised 6/10/04 Available ______ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ANNEXING CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 15 ACRES AND BEING GENERALLY LOCATED ON THE WEST SIDE OF C.R. 468 AND SOUTH OF LEWIS ROAD, LYING IN SECTION 16, 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 (JIREH Investors, LLC).

Section 1.

Based upon the petition of JIREH Investors, LLC 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 being situated in Lake County, Florida, is more particularly described as:

Legal Description (See EXHIBIT A) 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 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 ______, 2011.

THE CITY OF LEESBURG

By: ______Mayor ATTEST:

______City Clerk EXHIBIT A

Alternate Key Numbers: 1171555 & 3847533 5.E.2. AGENDA MEMORANDUM

FROM: Bill Wiley, AICP, Community Development Director

SUBJECT: Ordinance for rezoning for JIREH Investors, LLC property from County A (Agriculture) to City PUD (Planned Unit Development)

PROJECT: To allow for a commerce/light industrial park

Staff Recommendation: City Planning staff recommend approval of the proposed rezoning for the subject property from County A (Agriculture) to PUD (Planned Unit Development).

Analysis: The project site is approximately 15 acres. The property is generally located on the west side of C.R. 468 and south of Lewis Road, as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is used for agriculture and a single family home and the proposed use is for offices, retail and warehousing. The surrounding zoning of adjacent properties is County RP (Residential Professional) and County R-3 (Medium Residential District) on the north, County RP (Residential Professional) on the south, County A (Agriculture) and County R-7 (Mixed Residential District) on the east, and City PUD (Planned Unit Development) on the west. The proposed Land Use designation for the subject property is City General Commercial.

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

The existing land uses surrounding the property are agriculture and single family homes.

Future development of the property requires City utilities.

By a vote of 4 to 1 on May 19, 2011, the Planning Commission voted to recommend denial due to public concerns regarding compatibility with neighboring agricultural uses. Options:

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

Fiscal Impact: There is a positive fiscal impact to the City through the further development of this property.

Department: Community Development Reviewed by: Dept. Head __BW_____ Account No. ______Prepared by: Bill Wiley, AICP Attachments: Yes _X_ No ______Finance Dept. ______Project No. ______Advertised: ____Not Required ______Dates: ______Deputy C.M. ______WF No. ______Attorney Review : Yes _X_ No ____ Submitted by: City Manager ______Budget ______Revised 6/10/04 Available ______ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 15 ACRES GENERALLY LOCATED ON THE WEST SIDE OF C.R. 468 AND SOUTH OF LEWIS ROAD, LYING IN SECTION 16, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (JIREH INVESTORS, LLC)

Section 1.

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

Legal Description (See EXHIBIT B)

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 , 2011.

THE CITY OF LEESBURG

By: ______Mayor ATTEST:

______City Clerk CASE #: 027-1-051911 EXHIBIT A

JIREH INVESTORS, LLC. COUNTY ROAD 468 COMMERCE PARK REZONING TO PUD (PLANNED UNIT DEVELOPMENT) PLANNED DEVELOPMENT CONDITIONS May 19, 2011

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

BACKGROUND: The "Permittee" has submitted an application requesting a PUD (Planned Unit Development) zoning district to permit industrial and commercial uses on an approximately 14.7 acres site within the City of Leesburg in accordance with their Planned Development application and supplemental information.

1. PERMISSION Permission is hereby granted to JIREH Investors, LLC to operate, and maintain a PUD (Planned Unit Development) development in and on real property in the City of Leesburg. The property is generally located on the west side of C.R. 468 and south of Lewis Road. The property is more particularly described as shown in the attached legal description below.

2. LEGAL DESCRIPTION: See Exhibit B.

3. LAND USE The above-described property, containing approximately 14.7 acres, shall be used for a commercial, warehouse and office park 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 February 26, 2010.

2) Permitted Uses shall be as follows: a. Commercial, warehouse, light industrial and office park development and associated uses.

3) Uses prohibited shall be as follows: a. primary residential b group homes c. crematoriums d. gas station or convenience stores e. car wash f. transient accommodations g. vehicle sales, service and repair h. truck stops i. animal hospitals and kennels j. heavy industrial uses k. stockpiling l. all waste related services m. Any other similar uses which are not considered office, commercial or light industrial in character or intensity which may adversely impact the adjoining properties do to traffic, noise, dust, etc.

4) The following uses shall be permitted only as accessory or interim uses: a. residential (security/care taker) b. day cares c. open storage with screening d. vehicle sales, service and repair e. car wash f. Interim use as a recreational vehicle and boat storage facility on the approximate five acres of the southeast section of the property along CR468. For a time period not to exceed three (3) years and subject to conditions 5 Development Standards, and 10 Landscaping and Buffer Requirements including the PVC fencing, trees and landscaping. Maximum of 75 units. B. Area 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 will be from C.R. 468. Any additional access shall be subject to the City of Leesburg PUD amendment and site plan application review process.

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

6. PARKING A. The permittee shall construct off-street parking spaces within the development 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. All wetlands on the project site shall be identified and the location and extent of each wetland shall be determined by the Department of Environmental Protection, St. Johns River Water Management District and/or U.S. Army Corp of Engineers. Each wetland shall be placed on a suitable map, signed and sealed by a surveyor registered to practice in Florida and shall be submitted as part of the preliminary plat application.

B. Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction boundary.

C. Wetlands shall have a minimum upland buffer of 30 feet or the upland buffer established by St. Johns River Water Management District and/or U.S. Army Corp of Engineers; whichever is more restrictive. All upland buffers shall be naturally vegetated and upland buffers that are devoid of natural vegetation shall be re-planted with native vegetation or as required by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.

D. Land uses allowed within the upland buffers are limited to stormwater facilities as permitted by St. Johns River Water Management District.

E. If wetland alteration is permitted by St. Johns River Water Management District and/or U.S. Army Corp of Engineers, wetland mitigation shall be required in accordance with permit approvals from St. Johns River Water Management District or U.S. Army Corp of Engineers, whichever is more restrictive.

F. A wildlife management plan for the project site shall be prepared based on the results of an environmental assessment of the site and any environmental permit required from applicable governmental agencies. The wildlife management plan shall be submitted to the City as part of the preliminary plat application. The Permittee shall designate a responsible legal entity that shall implement and maintain the wildlife management plan.

8. DRAINAGE AND UTILITIES A. Prior to receiving Final Development Plan Approval, the "Permittee" shall submit, if applicable, a Master Site Drainage Plan and Utility Implementation Plan acceptable to the City of Leesburg. Prior to removal, renovation or demolition of any existing development on the site, the permittee shall provide: 1) A detailed site plan demonstrating no direct discharge of stormwater runoff generated by the development into any natural surface waters or onto adjacent properties shall be required.

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 IMPROVEMENTS A. Any transportation improvements or right-of-way that may be required shall be based on projected needs and shall be contingent upon site plan approval by City staff during the development review and permitting process. B. Vehicular access to the project site shall be provided by County Road 468 for both primary and emergency access. The access off County Road 468 shall be a two lane divided boulevard type entrance road. Any other potential accesses such as to adjacent properties will be reviewed by the Development Review Committee during site plan process. C. The Permittee shall provide all necessary improvements/signalization within and adjacent to the development as required by Lake County, the MPO and City of Leesburg. D. All roads within the development shall be designed and constructed to meet the City of Leesburg requirements. E. The Permittee shall be responsible for obtaining all necessary Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to site plan approval. F. The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements. The Permittee shall establish an appropriate legal entity that will be responsible to pay the cost and perform the services to maintain the roads and transportation improvements. G. A traffic/transportation study shall be submitted prior to site plan approval for review and determination of any necessary access improvements, including any off site improvements required by Lake County, the MPO or the City of Leesburg. Said improvements will be the responsibility of the Permittee.

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.

B. In addition, development of the required buffers as shown on the Conceptual Plan shall include an (8) foot high PVC fence with decorative posts and caps as seen on Exhibit D with landscape canopy trees installed along the property lines on the development as a visual buffer to adjacent residential properties. C. Variations to the landscape requirements of the code may be approved by the Community Development Director as long as the intent of the PUD and the Landscaping Code are maintained including consideration of existing fencing on adjacent properties and existing natural vegetative buffers. 11. MAINTENANCE A. With the exception of public utilities, maintenance of all site improvements, including but not limited to drives, internal sidewalks, landscaping and drainage shall be the responsibility of the owner.

12. OPERATIONAL REQUIREMENTS A. The applicant shall be subject to Section 12-19 Regulation of Public Nuisances of the City of Leesburg Code of Ordinances, as per attached Exhibit E.

B. A noise/vibration/dust and/or traffic study by the applicant may be required to ensure compliance with this section if reoccurring formal written complaints from multiple complainants related to traffic, noise/vibration/dust are received by the City. The applicant shall have the right to a hearing on the requirement for the referenced study before Planning Commission if they believe the complaints are not valid.

C. The operation of machinery or equipment shall be restricted to the interior of buildings, except for the use of fork lifts etc. to receive and ship products.

D. No activity including but not limited to loading and unloading, truck traffic, storage, fork lifts etc. shall occur in the buffer set back area, as described per Section 10 LANDSCAPING AND BUFFER REQUIREMENTS above.

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

E. These PUD Conditions shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor, and shall be subject to each and every condition herein set out. 14. CONCURRENCY As submitted, the proposed zoning change does not appear to result in demands on public facilities which would exceed the current capacity of some public facilities, such as, but not limited to roads, sewage, water supply, drainage, solid waste, parks and recreation, schools and emergency medical facilities. However, no final development order (site plan and building permits) shall be granted for a proposed development until there is a finding that all public facilities and services required for the development have sufficient capacity at or above the adopted level of service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development. A. Utilities 1) Projected Capacities a. The City’s utility planning efforts draw upon phasing, capacity and service requirements, based upon information provided by the applicant. The City develops its plans consistent with sound engineering principles, prudent fiscal practices and due regard for regulatory compliance. b. The development will require construction of new distribution mains, since existing facilities in the service area are not adequate. Should the developer wish to accelerate the construction of such facilities to provide service, the developer will bear the cost of design, permitting and construction. Any such facilities must be constructed in a fashion consistent with the City’s master plans and to the City standards and specifications. c. The City is in the process of Consumptive Use Permit renewal. The application provides for anticipated demands due to this and other potential development.

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

C. Ability to Provide Services 1) The City intends to provide water, wastewater and reclaimed water services within its service area for the foreseeable future. 2) The City updates its Ten-Year Capital Improvement Plan (CIP) as part of our annual budgetary process. Included within the CIP are water, wastewater, and reclaimed water improvements necessary to provide service to proposed development. 3) The City has completed an impact fee study, based in part on the CIP in order to assure adequate and appropriate funding for required improvements. The combination of master planning and CIP planning has allowed the City to issue bonds to fund new potable water facilities and substantial reuse facilities, among other infrastructure improvements. LEGAL DESCRIPTION EXHIBIT B Alternate Keys #:1171555 & 3847533 SITE PLAN EXHIBIT C

CONCEPTUAL FENCING EXHIBIT D REGULATION EXHIBIT E

5F. AGENDA MEMORANDUM

From: Paul Kalv, Electric Director

Subject: Resolution authorizing an Amended and Restated Territorial Agreement with Sumter Electric Cooperative, Inc. (SECO)

Staff Recommendation: Staff recommends approval of the Amended and Restated Territorial Agreement with Sumter Electric Cooperative, Inc..

Analysis: Electric utilities in Florida are required to maintain service territory agreements with neighboring electric utilities in an effort to reduce uneconomic duplication of service facilities. The original Territorial Agreement between Leesburg and SECO, dated February 15, 1991, delineated the service boundary between the utilities and the Agreement was then submitted to the Florida Public Service Commission (FPSC) and became effective on the date approved by the FPSC.

With oversight from their respective legal counsel, Leesburg and SECO staff have reviewed the locations currently served by each utility and find it is in the best interests of both utilities to adjust the current service territory boundary to more accurately reflect currently served customers and to minimize the number of customers transferred from one utility to the other.

Changes resulting from the revised boundary are as follows: 1. Leesburg to retain 17 residential customers on Spring Lake Road north of CR 466A. 2. SECO to retain 13 residential customers on Harris Road 3. SECO to transfer 3 residential customers to Leesburg a. Two customers on CR 466A (one location is currently inactive) b. One customer on Radio Road The attached map further clarifies the general locations of these customers.

Options: 1. Approve the Amended and Restated Territorial Agreement, or 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: Leesburg will extend distribution facilities to serve the two active residential locations. Line extension costs to serve new customers are included in the current budget. Submission Date and Time : 1/18/2018 3:06 PM ____

Department: __Electric______Reviewed by: Dept. Head __Paul Kalv_ Account No. ______Prepared by: __Paul Kalv______Attachments: Yes__X__ No ______Finance Dept. ______JB______Project No. ______Advertised: ____Not Required __X____ Dates: ______Deputy C.M. ______WF No. ______Attorney Review : Yes_X__ No ____ Submitted by: City Manager ______Budget ______Revised 6/10/04 Available ______RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED AND RESTATED TERRITORIAL AGREEMENT WITH SUMTER ELECTRIC COOPERATIVE, INC. (SECO); AND PROVIDING AN EFFECTIVE DATE.

THAT the Mayor and City Clerk are hereby authorized to execute an Amended and Restated Territorial Agreement with SUMTER ELECTRIC COOPERATIVE, INC., whose address is P.O. Box 301, Sumterville, FL 33585-0301.

THAT this resolution shall become effective immediately upon execution.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the __27th___ day of _ June_____, 2011.

______Mayor

ATTEST:

______City Clerk

5G. AGENDA MEMORANDUM

Subject: Resolution authorizing an Electric Franchise Agreement with Sumter Electric Cooperative, Inc. (SECO)

Staff Recommendation: Staff Recommends approval of the Electric Franchise Agreement with Sumter Electric Cooperative, Inc.

Analysis: Leesburg’s current electric franchise with SECO was effective January 14, 2008 and will expire June 30, 2011. Leesburg Staff has reviewed the proposed non-exclusive franchise agreement, which among numerous other provisions, gives SECO permission to occupy Rights-of-Way in the City of Leesburg for the purpose of providing electric service from the date of execution through August 1, 2020. In return, Leesburg will receive a monthly franchise amount which will equal six percent (6%) of SECO’s base revenues collected from customers within the corporate limits of the City of Leesburg.

Options: 1. Approve the Electric Franchise Agreement, or 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: Approval of the franchise agreement will provide for continuation of SECO’s franchise payment to Leesburg. Franchise payments from SECO are anticipated to total $46,144.29 for the 12 months ending May, 2011.

Department: ___Electric______Reviewed by: Dept. Head _Paul Account No. ______Prepared by: ____Paul Kalv__ Kalv______Project No. ______Attachments: Yes__X__ No _____ Finance Dept. _____JB______Advertised: ____Not Required __X____ WF No. ______Dates: ______Deputy C.M. ______DD______Attorney Review : Yes_X__ No ____ Submitted by: Budget ______City Manager ______Available ______Revised 6/10/04 RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ELECTRIC FRANCHISE AGREEMENT WITH SUMTER ELECTRIC COOPERATIVE, INC. (SECO); AND PROVIDING AN EFFECTIVE DATE.

THAT the Mayor and City Clerk are hereby authorized to execute an Electric Franchise Agreement with SUMTER ELECTRIC COOPERATIVE, INC., whose address is P.O. Box 301, Sumterville, FL 33585-0301.

THAT this resolution shall become effective immediately upon adoption.

______Mayor

ATTEST:

______City Clerk

5H. AGENDA MEMORANDUM

Subject: Resolution authorizing an Alternative A&G Methodology Agreement with Florida Power Corporation d/b/a Progress Energy Florida, Inc. (PEF)

Staff Recommendation: Staff recommends approval of the Alternative A&G Methodology Agreement with Florida Power Corporation d/b/a/ Progress Energy Florida.

Analysis: As a non-operating joint owner of the Crystal River Unit 3 nuclear electric generating unit located in Citrus County, Florida (CR3), Leesburg receives a pro-rata share of the generation output and is responsible for a pro-rata share of all operating costs. The Alternative A&G Methodology Agreement provides for a methodology for the allocation of A&G expenses assignable to CR3.

Options: 1. Approve the Alternative A&G Methodology Agreement, or 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: Ensures proper allocation of CR3 A&G expenses.

Department: Reviewed by: Dept. Head _Paul Account No. ______Electric______Kalv__ Prepared by: ___Paul Project No. ______Kalv______Finance Dept. ______Attachments: Yes__X__ No _____ WF No. ______Advertised: ____Not Required ______Deputy C.M. ______DD______Dates: ______Submitted by: Budget ______Attorney Review : Yes_X__ No ____ City Manager ______Available ______Revised 6/10/04 RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ALTERNATIVE A&G METHODOLOGY AGREEMENT WITH FLORIDA POWER CORPORATION D/B/A PROGRESS ENERGY FLORIDA, INC. (PEF); AND PROVIDING AN EFFECTIVE DATE

THAT the Mayor and City Clerk are hereby authorized to execute an Alternative A&G Methodology Agreement with FLORIDA POWER CORPORATION D/B/A Progress Energy Florida, Inc. (PEF)., whose address is ATTN: Lauren Richards, 299 1st Avenue North, FEF 132 Accounting/Regulatory, St. Petersburg, FL 33701.

______Mayor

ATTEST:

______City Clerk

5I. AGENDA MEMORANDUM

Subject: Resolution authorizing execution of a Termination for Convenience agreement with Encore Construction Company

Staff Recommendation: Staff recommends execution of the Termination for Convenience agreement with Encore Construction Company terminating a previously executed agreement for construction services.

Analysis: On May 29, 2011 the Leesburg City Commission approved Resolution 8848 authorizing an agreement with Encore Construction Company for construction services related to improvements at the Highland Lakes water treatment plant.

Following the initial pre-construction meeting with Encore and City staff, the City was informed through our Engineer of record, AECOM, that Encore may have omitted a significant cost element from their bid amount, which means this cost element, was not included in the contracted price of $2,020,000.00.

The omitted cost was for the purchase of and providing the Variable Frequency Drives (VFDs) as specified in the Invitation to Bid document. The estimated cost to the Contractor for this equipment is $218,000.00.

Upon becoming aware of this information and prior to issuing a Notice to Proceed, Purchasing staff prepared a confirmation letter, attached as Exhibit ‘A’, requesting Encore to either confirm they could perform the full scope of work for the contracted price or they could not perform the work for the contracted price.

Encore construction responded to the Pricing Confirmation with the letter attached here as Exhibit “B”. In summary Encore requested a termination for convenience and a payment by the City of $25,000.00.

The City responded to Encore, attached as Exhibit “C”, with an offer of Termination for Convenience and no payment or compensation of any kind. The City noted this was a one-time, non-negotiable offer. Should Encore refuse this offer, the City would proceed with termination and may choose to file a claim with their surety for non-performance. Encore responded with the letter attached here as Exhibit “D” accepting the City’s offer of Termination for Convenience with no compensation.

Given the small difference in overall price ($9,000.00) between Encore and the next lowest bidder, Beach Construction, staff recommends approval of this resolution. Attempting to file a claim against Encore’s surety would surely result in legal fees exceeding the $9,000.00 difference. It is in the City’s best interest, monetarily, to terminate the agreement for convenience.

Options: 1. Authorize execution of the Termination for Convenience agreement with Encore Construction Company; or 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: The fiscal impact of approving the resolution terminating this agreement will be an additional $9,000.00 to contract with the next lowest responsive bidder in response to ITB 110161.

Department: _Finance/Purchasing Reviewed by: Dept. Head ______Account No. ____NA______Division Prepared by: _Mike Thornton______Finance Dept. ______JB______Project No. ______Attachments: Yes_X__ No ______Advertised: ____Not Required ______Deputy C.M. ______DD______WF No. ______Dates: ______Submitted by: Attorney Review : Yes___ No ____ City Manager ______Budget ______NA______

______Available ______NA______Revised 6/10/04 RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TERMINATION FOR CONVENIENCE AGREEMENT WITH ENCORE CONSTRUCTION TERMINATING AN EXISTING AGREEMENT FOR CONSTRUCTION SERVICES RELATED TO THE HIGHLAND LAKES WATER TREATMENT PLANT IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.

THAT the Mayor and City Clerk are hereby authorized to execute a Termination for Convenience agreement with ENCORE CONSTRUCTION COMPANY whose address is 370 East Crown Point Road, Winter Garden, Florida 34787 terminating an existing agreement for construction services related to the Highland Lakes water treatment plant improvements previously executed by Resolution Number 8848 pursuant to ITB 110161.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _ 27 th _ day of _June__ 2011.

______Mayor

ATTEST:

______City Clerk 5J. AGENDA MEMORANDUM

Subject: Resolution authorizing an agreement with Beach Construction Company for improvements to the Highland Lakes water treatment plant

Staff Recommendation: Staff recommends execution of the agreement with Beach Construction Company for water treatment plant (WTP) construction services for $1,997,000.00; and two additive alternates for an additional $32,000.00 resulting in a total contract price $2,029,000.00.

Analysis: This project is to construct water treatment plant improvements at the Highland Lakes WTP. The improvements include site work, construction of a pump building, well pumps and equipment, electrical equipment and systems, auxiliary generator, installation and connection of all valves and piping, ground storage tank, and Siemens instrumentation and control equipment and systems.

The project will convert the existing water treatment plant from an elevated ground storage tank to a ground level storage tank. Following completion of the improvements and ground storage tank, the elevated tank will be dismantled and removed. The concrete footings of the existing elevated tank will not be removed due to their size and the possibility demolition may damage some piping that will be installed in the new construction. The footings do not interfere with the new construction and planned future improvements at the WTP.

The City requested contractors to submit pricing on three additive alternates of 1) Demolition of existing elevated tank, 2) Installation of landscaping on and around the WTP site, and 3) Remove existing chain link fence and install new vinyl coated chain link around the WTP site. The City has selected the contractor to demolish the existing elevated tank and install landscaping. The City intends to contract with a fencing vendor following construction for the fence replacement. Staff believes a better price on the fence can be obtained from a local contractor.

When this project is completed the water pressure in the system will be greatly improved providing better service to the customers served by this water plant. Once this project is completed, this will ensure the City can meet current and future demand thus keeping us in compliance with all regulatory agencies.

On February 21, 2011, the Purchasing Division issued Invitation to Bid (ITB) 110161 inviting interested and qualified firms to submit sealed bids for consideration by the City. The ITB sought offers for a Base Bid covering 11 major components. The ITB included three Additive Alternates which could be awarded to the lowest responsible bidder of the Base Bid, should funds be available. All bids received were below the $2,700,000.00 engineer’s opinion of estimated cost which will allow including Additive Alternates.

On March 22, 2011, the City received nine responses to the invitation to bid. The City engineer for this project (AECOM, USA) reviewed the bid submittals and recommended award of the bid to the lowest bidder, Encore Construction Company, following a detailed review of their bid and references.

Following award and execution of the Agreement with Encore Construction Company by the City Commission on May 29, 2011, the City learned Encore omitted a significant equipment cost of approximately $208,000.00 from its bid. Following Encore’s confirmation they could not fulfill the contract for the bid/contracted price; the City has elected to terminate the agreement for convenience. Approval of the Termination for Convenience agreement with Encore is being submitted as a separate actionable item by commission.

Elimination of Encore Construction as non-responsive has left Beach Construction Company as the next lowest responsive and responsible bidder. The City has verified the contract amount includes all costs for labor, material, equipment and services as specified in the ITB document. Beach Construction has confirmed their bid amount does include the $221,000.00 for the Variable Frequency Drives (VFDs) omitted by Encore; and the $170,000.00 allowance for SCADA Instrumentation and Control equipment as specified.

The overall difference between the initial low bid of Encore and the next low bid of Beach Construction is $9,000.00. There is a $27,000.00 difference on the base bid amount but when adding in the two additives alternates the difference between the bids amounts nets to $9,000.00.

SUMMARY OF BIDS

Total w/ Base Bid Alternate #1 Alternate #2 BIDDER NAME Alternates Amount Tank Demo. Landscaping 1 & 2 *Encore Construction Co. $1,970,000 $21,000 $29,000 $2,020,000 Winter Garden, FL Beach Construction Company $1,997,000 $12,000 $20,000 $2,029,000 Gainesville, FL Prime Construction Group, Inc. $2,015,000 $27,097 $23,356 $2,065,453 Orlando, Fl Sawcross, Inc. $2,044,000 $30,000 $20,000 $2,094.000 Jacksonville, FL Brandes Design-Build, Inc. $2,149,000 $26,000 $24,000 $2,199,000 Clearwater, FL TLC Diversified, Inc. $2,177,700 $16,400 $25,900 $2,219,300 Palmetto, FL Masci Corporation $2,300,990 $19,600 $28,500 $2,349,000 Port Orange, FL McMahan Construction Co., Inc. $2,306,000 $32,000 $35,000 $2,373,000 Deland, FL Censtate Contractors, Inc. $2,344,590 $10,860 $18,825 $2,374,275 Winter Haven, FL * Following contract award and execution, Encore Construction has been found to have submitted a non-responsive bid. The executed agreement with Encore Construction will be terminated for convenience by the City.

The Local Business Enterprise (LBE) preference was not a factor in this bid evaluation as none of the bidders met the requirements of being considered a LBE.

Options: 1. Authorize execution of an Agreement with Beach Construction Company, Inc. for a total of $2,029,000.00; or 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: The current budget includes sufficient funding for the contract amount of $2,029,000.00 which was rolled forward from Fiscal Year 2009-10 and will be funded with available 2007 Bond Funds.

Department: _Env. Services / Water_____ Reviewed by: Dept. Head ______Account No. 043-3099-533.63-10 ____ Prepared by: _Mike Thornton______Attachments: Yes_X__ No ______Finance Dept. ______JB______Project No. _430006______Advertised: _ X ___Not Required ______Dates: _ February 20, Deputy C.M. ______DD______WF No. ____WF0459101______2011 ______Submitted by: Attorney Review : Yes___ No ____ City Manager ______Budget ____$ 2,700,000.00______

______Available ___$2,700,000.00______Revised 6/10/04 RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BEACH CONSTRUCTION COMPANY, INC. OF GAINESVILLE, FLORIDA FOR CONSTRUCTION SERVICES RELATED TO THE HIGHLAND LAKES WATER TREATMENT PLANT IMPROVEMENTS FOR A TOTAL VALUE OF $2,029,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.

THAT the Mayor and City Clerk are hereby authorized to execute an agreement with BEACH CONSTRUCTION COMPANY, INC. whose address is P.O. BOX 141860, GAINESVILLE, FLORIDA 32614-1860 for construction services related to the Highland Lakes water treatment plant improvements pursuant to Invitation to Bid 110161.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _27th____ day of __June___ 2011.

______Mayor

ATTEST:

______City Clerk 5K. AGENDA MEMORANDUM

From: William Chrisman, Police Chief

Subject: Resolution authorizing the Police Department to apply for and accept a U.S. Department of Justice Byrne grant to supplement costs associated with the purchase of department equipment.

Staff Recommendation: Staff recommends approval of the resolution authorizing the Police Department to apply for and accept, if awarded, a federal grant of $20,829.00 from the 2011 JAG Grant to supplement purchase costs associated with the following department equipment:

Item Quantity Unit Cost Total Cost IDENTICARD – PremiSys Access Control System 1 8,957.00

Taser – model X2 10 11,872.00 TOTAL 20,829.00 Analysis: This grant will pay the cost for department equipment for law enforcement purposes. These funds will be used for the purchase of security and tactical equipment, currently needed. By agreeing, the city assumes no additional liability or additional costs.

Deadline for application is July 21, 2011.

Options: 1. Approve the resolution authorizing the application and acceptance of a federal grant of $20,829.00; or 2. Such alternative action as the Commission may deem appropriate

Fiscal Impact: If awarded, a budget adjustment will be necessary to add this into the current budget. There is no local match required for this grant.

Department: ____Police______Reviewed by: Dept. Head ______Account No. 001-0000-331-21-00___ Prepared by: ___Lisa Carter______Finance Dept. ______jb______Project No. __JA0007______Attachments: Yes____ No ______Advertised: ____Not Required ______Deputy C.M. ______DD ______WF No. ______Dates: ______Submitted by: Attorney Review : Yes___ No ____ City Manager ______Budget ______

______Available ______Revised 6/10/04 RESOLUTION NO.______

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO SUBMIT AN APPLICATION AND, IF AWARDED, ACCEPT THE EDWARD BYRNE GRANT FROM THE US DEPARTMENT OF JUSTICE FOR $20,829.00 TO SUPPLEMENT COSTS ASSOCIATED WITH THE PURCHASE OF DEPARTMENT EQUIPMENT; AND PROVIDING AN EFFECTIVE DATE.

THAT the Leesburg Police Department is hereby authorized to submit an application, and if awarded, accept an Edward Byrne Grant from the U.S. Department of Justice in the amount of $20,829.00 to supplement costs associated with the purchase of certain department equipment.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _27__ day of __June___ 2011.

______Mayor

ATTEST:

______City Clerk