Mayor Allen Green
Vice Mayor Mary Martin
Councilman Dennis Kennedy
Councilman Robert Pohlmann
Councilman George Steindoerfer

From:            Kenneth W. Parker, City Manager

Subject:         Agenda Commentary for Regular City Council Meeting of
                     July 28, 2009

Date:             July 20, 2009



Item 1 -           Pledge of Allegiance
Item 2 -           Silent Invocation
Item 3 -           Roll Call


Item 4 -           Report from KemperSports Management

A representative of KemperSports will make a report to the City Council regarding the Golf Club at Cypress Head.

Item 5 -           KemperSports Budget for the Golf Club at Cypress Head

At this time, the budget for FY 2009-2010 for the Golf Club at Cypress Head will be discussed.


Item 6 -           Project Managers’ Report

Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.

Item 7 -           Addendum No. 79 to Engineering Services Contract with Quentin L. Hampton for B-19 Canal at Willow Run Boulevard Emergency Utility Relocations

The week-long storm of May 2009 inundated the City with as much as 30”+ of rainfall.  Consequently, the banks of the B-19 Canal at Willow Run Boulevard collapsed.  Subsequently, the integrity of the support structures for the aerial crossings of the 12” potable water, 12” sanitary force main, 30” raw water main, and pedestrian bridge were all compromised.

As part of the initial response to stabilize the area until more permanent measures could be employed, Quentin L. Hampton Associates provided engineering design, permitting, and construction phase inspection services to assist in the temporary stabilization of the raw water main supports, relocation of the force main, abandonment of the potable water main, and stabilization of the canal banks.  Concurrently, to help expedite a permanent solution to address the integrity of the raw water supply, QLH began preparation of bid documents to relocate the 30” raw water main.  Thanks to their diligent efforts, this project is already advertised with bids due August 4, 2009.

This addendum authorizes the firm of Quentin L. Hampton Associates to perform utility engineering design and construction phase services associated with the emergency temporary and permanent repairs described.  For design and construction phase services that were undertaken as part of the initial emergency response, the actual costs of services are listed.  With respect to permanent corrective measures as contained within the referenced bid documents, costs are estimated.  In both cases, City staff reviewed the costs and found them to be fair and reasonable within current industry standards.  As such, we are recommending approval of the attached Scope of Services.

With respect to funding, the cost of these unanticipated emergency repairs is not yet fully budgeted.  However, sufficient funding for the cost of the engineering services, estimated at approximately $51,875, is available in Miscellaneous Utility Coordination URL007. 

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Additionally, in a separate agenda item, staff will be requesting a deductive change order from the Williamson Boulevard Utility Relocation Part 1.  The value of the deductive change order should be adequate to cover the B-19 construction costs.  Ultimately, the City will seek reimbursement from FEMA; but it is subject to approval. 

Staff recommends that Council approve Contract Addendum No. 79 with the firm of Quentin L. Hampton Associates (QLH) pertaining to engineering services for Emergency Utility Relocations at the B-19 Canal and Willow Run Boulevard and to authorize the Mayor and City Manager to execute the associated contract documents.

City Manager’s Comments:  We have some savings coming back from the Williamson project that will allow us to construct the improvements.  That change order is scheduled for the August 4 City Council agenda.  There is enough dollars to pay for the engineering associated with the relocation of the raw water line.

Item 8 -           Purchase of Replacement Lift Stations from Sanders Company


A portion of the continuing maintenance program for the Public Utilities Department is the regular replacement of sewage lift stations. We currently have approximately 108 lift stations of the Smith Loveless type to maintain within our utility system.  These would be the same 108 lift stations that recently pumped wastewater and stormwater inflow round the clock to the tune of 18 million gallons during the height of the recent storm event.  
We recently identified two additional lift stations, Central Park (No. 43) and Oceans (No. 6), that have now exceeded their useful life of approximately 15 - 20 years and are now in need of replacement. Both of these two lift stations are currently over 22 years old. To emphasize a point, recently with your support we were able to purchase 12 replacement lift stations late last year.  These 12 lift stations are now being actively installed by our Public Utilities Department crews, by working together, saving the City significant dollars. Eight of these 12 stations have now been fully restored to new or better condition through these dedicated efforts.  However, even with those 12 plus these additional 2 lift stations installed by the end of the year, there will still remain 19 of the 108 lift stations being 20 years old or older.  This hopefully emphasizes a point that we are not only doing very well but we have much more yet to do. 



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These highly reliable and easily maintained lift stations have been the City standard for over 30 years.  The City currently has a five-year agreement with Sanders Company which sets contract prices for Smith and Loveless lift stations and includes an escalation factor controlled by a Federal Producer Price Index Number for this type of equipment.  This agreement has allowed us to control costs over the past ten years.  A price quote has recently been provided based on this existing agreement.  Funds are currently available in the R & R Lift Station Project, #SLS002.  We request your approval at this time.

Staff recommends that Council authorize the purchase of two replacement Smith and Loveless Lift Stations and to approve the purchase order to Sanders Company, Inc., their local supplier, for the total purchase price of $64,995 per our existing long-term pricing agreement.

Item 9 -           Development Order Extension – Pinnacle Phase II Subdivision

This is a request to approve a one-year extension of the Development Order for the Pinnacle Phase II subdivision.  The project consists of 67 single-family lots on 29.7 acres, located on South Williamson Blvd., east of Cypress Creek Elementary School. The project has been reviewed for concurrency and for relevant code and construction detail updates. The Volusia County School Board concurrency certificate is attached.

Planning Commission Recommendation:      The Planning Commission recommends approval, 5-0, (Commissioners Arminio and Barker excused) subject to the Development Order conditions being addressed by the times specified in the staff report. Please see the attached staff report for additional information.

Staff Recommendation:   Staff recommends approval.


Item 10 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 – Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09)

This item will need to be removed from the table for an update.  By Council procedural rule, the City Council is updated on all items that have been on the table for at least 90 days from the last discussion.


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City Manager’s Comments:  Wayne Clark will update City Council regarding this property.  I will be recommending that the City Council place the item on the table unless we receive a letter from the property owner that they want to voluntarily withdraw the item from City Council consideration.  If the item is not ready for City Council consideration at the last meeting in October, I will request the Council send the item back to staff.  That will mean that it will have to go back through the complete Planning Commission process.


Item 11 -        Resolution No. 09-47 - Budget Resolution

The attached resolution appropriates budget funds for emergency operation expenditures, the retirement of debt, capital projects, and other internal transfers.  Staff recommends approval.

City Manager’s Comments:  This Budget Resolution appropriates money to retire debt that was incurred in 2006 to purchase the Williamson Business Park property (also referred to as the Port Orange Business Park).  With Raydon closing on the property, the City now has enough money to retire all of the land purchase debt, pay the funds into the wetland mitigation bank, and pay all transportation concurrency monies for the entire property, including the parcel that the City continues to own.  That means that the City can market the front 15 acres with traffic concurrency payments already made as long as the intensity of the use does not increase the volume that has been reserved.  When the remaining parcel is sold, the City will repay the amount back to the funds that made capital contributions to install the infra-structure.  Based upon the property that was recently sold, the City should recover all of its infra-structure cost associated with developing this facility.  It is in an excellent location with an excellent high-tech client located in the park.

Item 12 -        Monthly Financial Report

Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.  Staff recommends acceptance of the report.





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Item 13 -        Second Reading – Ordinance No. 2009-12 – Amending Chapters 2, 7, and 16 of the Land Development Code Regarding Green Building and Rain Barrels

Staff recommends approval.

Item 14 -        First Reading – Ordinance No. 2009-15 - 13th Amendment to the Southwinds PUD Master Development Agreement

This is a request to approve the 13th Amendment for the Southwinds PUD Master Development Agreement. The purpose of the amendment is to delete Paragraph 2 of the Seventh Amendment to the MDA to be consistent with a court order regarding the release of escrowed funds for recreational amenities back to the developer. The staff report and copy of the court order are attached.

Planning Commission Recommendation:  The Planning Commission recommended approval at the June 25th, 2009 regular meeting, 5-0 (Commissioners Arminio and Barker, excused).

Staff Recommendation:   Staff recommends approval.

Second Reading:               August 25, 2009


Item 15 -        Discussion – Sleepy Hollow Ditch Banks/Drainage Maintenance

As requested, Quentin L. Hampton Associates has submitted a study that involves analyzing the existing drainage system in Sleepy Hollow.  Specifically, the study addresses erosion of the ditch banks and accessibility for ditch maintenance.  Staff is submitting the study for review and discussion.





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City Manager’s Comments:The City has budgeted monies for this project.  There are multi-components to the plan.  The first component does address maintenance issues and how the City will be able to maintain the drainage system between Woodlake and Sleepy Hollow.  The second component is to add some additional retention beside the retention pond that FDOT gave to the City some time ago.  The additional retention will not interconnect with FDOT’s pond but rather will be on land adjacent to the FDOT pond.  The third component is to catch debris that is flowing into the northern ditch off of the shopping center.  The question that is often asked is whether this will handle the flooding conditions that occur in Sleepy Hollow on some of the cul-de-sacs.  The answer is no.  There will continue to be flooding under certain rainfall conditions.  This subdivision was constructed prior to the current stormwater requirements.  It will address the erosion issue and the debris issue and will provide a small amount of retention (water quality improvement).  I am recommending that we continue into final design and place this item out to bid.


Item 16 -        Discussion – FDOT Proposal for Reconstruction of I-95/SR 421 Interchange

City staff met on June 17, 2009 with FDOT and Volusia County staff to discuss possible improvements to the I-95/SR 421 interchange that could be completed ahead of the planned six-laning of the Interstate, now tentatively scheduled for FY 2031-2035. The proposal by FDOT would accelerate the replacement of the I-95 bridges from FY2031-FY2035 to approximately FY2020. In order to achieve this, FDOT and the City would need to partner to finance the overall interchange improvements, including construction of higher and wider bridges, raising the I-95 roadbed to meet the new bridge elevations, reconstruction of the on/off ramps, and widening of SR 421 under I-95. Under the proposal, FDOT would pay for the new bridges and ramps, while the City would be responsible for widening SR 421 from Williamson Boulevard to Taylor Branch Road. If the City desires to pursue this partnership, the City will need to develop a strategy for funding its share.  The benefit of accelerating the project would be to provide a significant road capacity improvement 11-15 years ahead of schedule and more easily accommodate hurricane evacuation after this time. The proposal is still conceptual at this time, and FDOT needs a response on the City’s interest in participating in the partnership by August in order to consider this project for the Strategic Intermodal System Cost Feasible Plan.



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Staff recommends that Council consider the FDOT proposal to partner with the City to fund and accelerate construction of the I-95/SR 421 Interchange.

City Manager’s Comments:  I have serious reservation about binding a future City Council to a financial obligation.  We do not know with certainty that FDOT will fund the improvement ahead of schedule.  We do not know with certainty what the cost of the improvements will be.  There are a number of unanswered questions.  The City has already paid for major lane improvements under I-95 and will in a few months extend the left turn lane southbound to the east in order to create more stacking capacity as well as freeing up west bound lanes for through traffic.  The funds for this lane improvement will come from the Pavilion DRI.  I’m not even sure that FDOT can bind itself that far into the future with the uncertainty associated with transportation funding.  Volusia County was part of the meeting.  They would need to be a partner, too, since a portion of the roadway that is being improved belongs to the County. 

The City Council may desire for us to continue in conversation with FDOT to answer the questions about locking in the City’s proposed share.  Also, we need to know if Volusia County is a willing participant.  Knowing their road fund situation, it might be rather difficult for them to fund their share of the improvements.  If we can work out the details, then it would be good for us to expedite the project.  However, with some of the answers still sketchy, it is hard for the Council to make a final judgment and decision. 

One of the funding mechanisms is to allocate a portion of your gasoline tax revenues each year over the 10 year period to fund the road improvement.   Those dollars would be set aside as the first dollars annually into a deferred construction account.  This method would allow the City Council to set aside the money on an annual basis and reduce the impact of having to make a one time contribution.  Be aware that this City Council could not bind the legal ability of future City Councils to tap those funds for other uses unless there is a formal agreement in place with FDOT that commits them to the construction.  The other is to agree to the schedule with the funding determined in the future.  That could be done through bonding or any other fund source that the City has available to pay for the improvements.  Finally, the City does have the option of saying to FDOT that this is FDOT’s responsibility and we will wait until 2031-2035. 





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Item 17 -        Comments/Concerns from Council Members

At this time, Council Members may discuss various matters of concern.

Item 18 -        City Council Committee Reports

At this time, Council Members may report on various committees to which they have been assigned.


















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