To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        July 26, 2011


Date:               July 18, 2011





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Recognition Awards – Police Department Award of Achievement


The police department would like to present two police officers with an Award of Achievement.

Staff will present awards to selected employees from the police department.

Item 5 -           Recognition Awards – Police Department Award of Merit


The police department would like to present two police officers with an Award of Merit.

Staff will present awards to selected employees from the police department.




Item 6 -           Report from KemperSports Management regarding Cypress Head Golf Course


At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.




Item 7 -           Faith DesLauriers – Sewer project at Nixon Lane


Ms. DesLauriers lives on Nixon Lane.  Currently, the City has a utility project under construction.  The City is making improvements to the water system as well as installing sanitary sewer in the area.  She indicated that she and her neighbors have questions about connection to the sewer system as well as some other suggestions and items. 


E.   CITIZEN PARTICIPATION (Non-Agenda- 15 minutes)




Item 8 –          Approval of Minutes


a.    July 12, 2011 – Special City Council Meeting (Solid Waste Bid Protest) 


Attached are the minutes for the City Council meeting held on Tuesday, July 12, 2011.  Should you have questions, please feel free to contact Robin or me.

Item 9 -           Project Managers’ Report


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


Item 10 -        Solar Power Project Change Order to Contract – Quentin L. Hampton Associates, Inc.


The attached proposal from Quentin L. Hampton Associates, Inc. will provide supervision and inspection services to insure proper installation of new solar panels at the Wellfield site and the new Police facility.  This is a change order to the existing contract with Quentin L. Hampton Associates, Inc. and is funded from the 405 fund and 314 fund along with the related project cost.

As noted with the agenda form related to the solar panel contractor change order, if electric costs are consistent, payback for this cost is about 20 years

Staff recommends approval of the change order to contract with Quentin L. Hampton Associates, Inc. to cover expanded inspection construction management of solar panels for the Wellfield Property and the Police Facility.

City Manager Comments:  The City has been offered a grant from Florida Power & Light.  The first decision that needs to be made before moving forward is whether to accept the grant.  If the grant is not accepted, then there is no need for items 10, and 11.  I am going to ask the City Council to pull items 10 and 11 from consent agenda in order to discuss whether to accept the FPL grants.  The FPL grant is not like the Energy Block Grant that we received last year.  The Energy Block Grant covered the entire cost of the project.  Although the City desires to be energy independent and lower our operating cost, however, at the current power cost, it will take about 20 years for the City to recover its capital investment if the City accepts the grant.  The capital investment could lead to lower operating cost, but not materially.  The funding would be from the General Obligation Bond issue that was approved by voters for the PD headquarters and from Water and Sewer Impact Fees.  The City’s investment will be $258,162.  It does not appear that we would see much reduction in either our General Fund or in our Water and Sewer Fund if the projects were funded.  I prefer to see an ROI in the range of 5-7 years, not 20 years.  I question whether this is a wise investment of City resources.

Item 11 -        Solar Power Project Change Order to Contract – H.J. High Construction Company


The City has been approved for a solar rebate from Florida Power & Light in the amount of $71,010. The City currently has a contract with H.J. High Construction Company for solar panel installation at the Wellfield.

The original contract was funded primarily from a Federal Grant; however, the cost of this expanded contract is only being offset by Florida Power & Light rebates. The expanded contract will double the footprint of the solar panel area at the Wellfield and also install solar panels on the roof of the new police station. Power generated by the panels will help offset future power costs. If electric rates are constant payback for this project is approximately 20 years.

These two projects are funded from contingency in the water and sewer impact fee fund and 2006 General Obligation Bond funds. Please also see the attached proposal for details.

Staff recommends approval of the change order to solar power contract with H.J. High Construction Company in the amount of $329,172.

City Manager Comments:  The only reason that we have brought forward a contract with H.J. High relates to the timeframe that the project must be completed.  FPL has a relatively short turnaround time for the project. The only way to meet their timetable is to use an existing contract. 

G.        FINANCE (John Shelley)


Item 12 -        Resolution No. 11-31 – Energy Charges


Attached to this agenda form is a Resolution adopting specific amounts for the energy usage charge related to water, sewer, and reclaimed water.  It should be noted that the attached rate Resolution increases by 3 cents the energy rate per thousand gallons for water, increases by 2 cents per thousand gallons for sewer energy, and the amount remains the same per thousand gallons the energy charge for reclaimed water.

Should you have any questions pertaining to the attached rate resolution, John Shelley will be available to respond to any inquiries. 

Staff recommends approval of Resolution No. 11-31 - Establishing energy fees for water, sewer, and reclaimed water services.


Item 13 -        Resolution No. 11-32 – City of Port Orange Conservation Cost Share Project with St. John’s River Water Management District


The City of Port Orange has reached an Agreement with the St. John’s Water Management District for a water conservation grant.   The attached agreement is for Council’s review.   The City process resulting from this agreement will implement a program to educate, monitor, and restrict high water users.   It will also identify inappropriate use of potable and irrigation meters combined with leak detection.

To summarize, the grant amount of $84,000 will equally match funds from the City.  The project involves replacement of the remaining manual read meters (approximately 900 left) with Tower reading equipment.   We will also implement a more efficient program to reduce water usage and make customers more aware.  The result of this program should save both water resources, consumer dollars, and form a framework for future conservation.   

Staff recommends approval of Resolution No. 11-32 - City of Port Orange Conservation Cost Share Project with St. John’s River Water Management District.

Item 14 -        SRF Loan DW6413010 – Amendment 4


The City recently sold investments and used the proceeds to pay off SRF 5120 Allandale Rose Bay and to pay down SRF 3010 Garnsey Water Treatment Plant. The SRF 3010 loan shall now be repaid in 30 semiannual loan payments, reduced from 40, and the semiannual loan payments number 20 through 30 will be $266,460.55 beginning on 8/15/11 and continuing until final payment on 8/15/2016.

Staff recommends approval to execute Amendment 4 of our State Revolving Fund (SRF) loan agreement DW6413010. This amendment reduces the term and re-amortizes the remaining payments on the loan.


Item 15-         Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.




Item 16 -        Second Reading – Ordinance No. 2011-11 – Rezoning/216 acres (portion of Woodhaven/Stanaki PUD) east of I-95, west of the Spruce Creek Preserve, south of Spruce Creek, Case No. 11-60000001


At its May 26, 2011 meeting, the Planning Commission recommend approval, 7-0, of the administrative request to rezone ±216 acres of a 225-acre property purchased by the City in 2007, lying east of I-95, west of the Spruce Creek Preserve, and south of Spruce Creek, from Planned Unit Development (PUD) (part of Woodhaven PUD, formerly Stanaki) to Government/Public Use (GPU).

Staff recommends Council to adopt Ordinance No. 2011-11, rezoning ±216 acres of a 225-acre property from Planned Unit Development (PUD) to Government/Public Use (GPU), consistent with the City’s Comprehensive Plan, and as recommended by the Planning Commission.

H.   PUBLIC SAFETY (Jerry Monahan)

Item 17 -        Crime Report


Attached is the monthly Crime Report.  If you have questions, please contact either Jerry Monahan or me.


I.      CITY MANAGER (Ken Parker)


Item 18 -        Resolution No. 11-33 – Perpetual easement for FDOT for Parcel 809 required for Interstate 4 Widening Project


The FDOT has completed designing the 6-lane improvements for I-4 (State Road 400) between SR44 and I-95.  The design includes stormwater ponds and wildlife crossings and most recently the plans have been modified to meet the criteria for a high-speed rail (HSR) corridor.  The project features a 10-foot high animal safety fencing along the corridor, which has the added benefit of enhancing homeland security for our property holdings and central wellfield.  Some of the planned improvements require procurement of lands abutting the existing right-of-way.  


Parcels 803, 806, and 809 are contiguous parcels located within the area commonly referred to as the “Rotary Tract” on the south side of I-4.  As a matter of policy, the City generally prefers to maintain rights and usage of its wellfield property holdings for a variety of uses, which include hunting leases and wetland mitigation banking. 


The City previously granted two perpetual easements over Parcels 803 and 806 to FDOT abutting this location for the same purpose.  However, to meet the criteria for HSR, the easement area previously conveyed has been determined as insufficient. Expanding the easement area is necessary to accommodate additional soil and natural vegetative slope required for a 5-ft. increase in height of the wildlife crossing at this location. Modified design requirements do not conflict with the use of the land for a hunting lease or mitigation bank. Federal funding has been awarded to FDOT for construction of the project and FDOT has contacted the City to request the additional easement for consistency with the design. 


Staff recommends approval of Resolution No 11-33 authorizing the granting to FDOT of a perpetual easement across 10,550 square feet, more or less, of land for the widening of Interstate 4, and authorizing the Mayor and City Manager to execute the associated documents to effectuate the conveyance.


Item 19 -        Approval of FY 2011- FY 2015 Community Development Block Grant (CDBG) Consolidated Plan and FY 2011 Annual Action Plan


The City of Port Orange has been notified that its FY 2011 CDBG allocation is estimated to be $255,474.   In order to receive these funds, the City must submit a new Consolidated Plan for Fiscal Years 2011-2015, including an Annual Action Plan for FY 2011.   The City has sought public input into the preparation of these plans and has complied with the public notice and hearing requirements of the City’s adopted Citizen Participation Plan.   The Executive Summary of the FY 2011- FY 2015 Consolidated Plan is attached for review.  The entire draft plan is available in electronic format through the City’s CDBG webpage or in paper form upon request.

The following projects/activities have been identified for CDBG funding in FY 2011: Public Facility Improvements, $184,379; World Changers Painting/Home Improvements, $20,000; and CDBG Planning & Administration, $51,095.

Plan documents have been made available for 30 days public comment through City offices and the City’s website in compliance with Federal regulations.   These plans are substantially complete and upon approval by the Council, will be finalized and submitted to HUD by the August 16, 2011 deadline.  

Staff recommends approval of the FY 2011- FY 2015 CDBG Consolidated Plan and FY 2011 Annual Action Plan, and authorization of Staff to finalize these plans for submission to the U.S. Department of Housing and Urban Development.

Item 20 -        Acceptance of the donation of lots in Sugar Forest Phase III subdivision from the HOA


Attached is a letter from the Sugar Forest Phase III HOA.  They are in the process of dissolving.  They are the only phase in Sugar Forest that has a HOA.  They have a track of land that was dedicated to the HOA.  They are offering this property to the City.  The area is common area meaning that each property owner has an undivided interest in the property.  The HOA is the responsible party acting on behalf of the property owners for the maintenance of the property.  The property is heavily wooded.  In the mid 1990’s the City considered using this parcel for drainage retention when the City was preparing to make drainage improvements in the area.  There was opposition in the neighborhood and the City developed a retention pond in a different area to assist in handling stormwater from Sugar Forest.  We never fully evaluated whether this property for stormwater management purposes.  I can tell you that Sugar Forest still floods under certain conditions and probably would flood even if this property were developed into a stormwater facility.


If the City Council desires to accept the property, there is a legal mechanism that would have to be followed in order to turn the property over to the City.  The HOA Attorney and the City Attorney would have to work together to accomplish the transfer of the property.  I cannot recall any subdivision asking the City to take over the common property within their subdivision.  I can recall HOA’s asking the City to assume the maintenance of their private streets.  In the case of private streets, very, very few have completed the actual transfer to the City.  I can only recall two that actually completed the transfer of streets to the City. 




Item 21 -        Comments/Concerns from Council Members


At this time council members may discuss various matters or concerns.


Item 22 -        City Council Committee Reports


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