City Council adopts communications and bond measures; reviews Causeway docks project and makes appointments

Dredging and Marine Consultants will provide a brief overview of the Causeway Park south boat ramps and parking lot improvements. | reports=1

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The Port Orange Depot Park ("Depot Park") is located at 415 Herbert Street and is home to the oldest surviving Florida East Coast Railway (FEC) Freight Depot, which is listed on the National Registry of Historic Places. The current site is approximately 0.64 acres, and the Port Orange Railway Society is planning to add two train cars and tracks to house a caboose and box car. Improvements to Depot Park is one of the projects approved by voters in the Parks Bond Referendum in August 2024. The homeowner of 413 Herbert Street was aware of the City's efforts to improve the park and approached Staff to discuss the purchase of the land to be used for the park expansion. This property is located on the southeast side of the Depot Park and currently has two structures on it. Staff is requesting City Council approve the purchase of the property for $230,000. City Staff contracted with a local appraisal company to provide a report on the fair market value of the property. After discussions with Staff, the seller agreed to a sales price of $230,000, $10,000 (or 4.5%) above the appraised value. Staff believes the asking price is reasonable for the intended use. If approved, the two existing buildings will be demolished, and the property will remain open green space until the Depot Park design is complete. Staff is also requesting authorization for closing costs not to exceed $5,000. Funding will come from the wetland mitigation fund. Resolution No. 20-27, Section 7c "allows funds from the wetland mitigation bank to fund the acquisition of real properties for environmental, parks and storm water drainage purposes." | attachments=1 | reports=1

At its June 24, 2024 meeting, the City Council approved Change Order No. 5 to Traffic Engineering Data Solutions (n/k/a Stanley Consultants, Inc.) to Task Authorization No. 9 - design services associated with FDOT #439865 SJR2C Loop SUN Trail Project (Spruce Creek Road from south of Selin Circle to Herbert Street) (CIP #CD221). Change Order No. 5 provided additional time and funds to complete plans and environmental documentation required for submittal to the US Army Corps of Engineers (USACE). The need for Change Order No. 5 was due to a February 2024 federal court ruling vacating the Environmental Protection Agency’s (EPA) December 2020 decision to allow the State of Florida to assume permitting authority for Section 404 of the Clean Water Act. As a result, the St. John's River Water Management District (SJRWMD) and the project design consultant advised the city that an alternate method to obtain an environmental permit would be to submit directly to USACE. At the time Change Order No. 5 was approved, it was anticipated that the design schedule would need to be extended an additional 9 months to accommodate this additional permitting step with the USACE. The Florida Department of Transportation (FDOT) agreed to fund the costs of the additional consulting services required to submit to the USACE, and, in June 2024, the City Council approved a FDOT Supplemental Agreement for the state-funded grant for $20,690. No match by the city was required. Change Order No. 5 also extended the completion date for design services to February 28, 2025. In March 2025, the USACE issued an environmental permit. Because of the extended permitting timeline, the project is anticipated to go out to bid in late May 2025, with construction anticipated to begin in late August 2025 and be completed in May 2026. The proposed Amendment to Task Authorization No. 9 will extend the timeframe the consultant has to complete Bid Phase Services and finalize the design plans as outlined in Task Authorization No. 9 until October 28, 2025, remove Task #12 (Limited Post Design Services) from Task Authorization No. 9., and decrease pricing by $11,285.00, from an amount of $309,707.08 to an amount not to exceed $298,422.08. A new Task Authorization with Stanley Consultants, Inc., also on this agenda, has been prepared to provide full post-design services throughout the construction phase of the project, which is anticipated to be completed by May 2026. No additional City funds are required for this Amendment. | attachments=9 | reports=1

At its April 15 meeting, the City Council accepted a Florida Department of Transportation (FDOT) State Funded Grant for construction of the Port Orange segment of the St. John's River to Sea (SJR2C) Loop Trail (FDOT #439865; CIP #CD221). The SJR2C Loop is a 260-mile regional trail system that runs through five Florida counties (Putnam, St. Johns, Volusia, Brevard, and Flagler) and includes the entire Palatka-to-St. Augustine State Trail and is part of the 3,000-mile East Coast Greenway. Similar SJR2C Loop Trail segments are programmed for construction in Edgewater, New Smyrna Beach, and South Daytona. The segment of the SJR2C Loop Trail in Port Orange between New Smyrna Beach and South Daytona is located along McDonald Road, Spruce Creek Road, Nova Road, and Ridgewood Avenue and consists of existing trail segments along McDonald Road between South Daytona and Herbert Street and Spruce Creek Road and Nova Road, south of Dunlawton Avenue to Ridgewood Avenue. As part of this project, trail segments to fill gaps along the trail route will be constructed along Spruce Creek Road, north of Dunlawton Avenue, to Herbert Street, along with midblock crossings on Spruce Creek Road, north of Selin Circle. The project is anticipated to go out to bid in late May 2025, with construction anticipated to begin in late August 2025 and be completed in May 2026. The proposed Task Authorization with Stanley Consultants, Inc., designer of the project, is for Post-Design Services throughout project construction to ensure the project is built in accordance with the design intent, codes, and specifications, respond to requests for clarification from the contractor, assist in review of any change orders, provide project as-built surveys, and prepare required completion certifications as Engineer of Record for SJRWMD, FDOT, and the City. These are services typical for a project of this type. No additional funds are required by the city with this Task Authorization. The proposed Task Authorization with Stanley Consultants, Inc., the design engineer for the project, includes Post-Design Services to be provided throughout the construction of the project. These services ensure that the project is built in accordance with the approved design intent, all applicable codes, and specifications, assisting in the review and evaluation of any change orders, providing project as-built surveys, and preparing the required completion certifications as the Engineer of Record for St. Johns River Water Management District (SJRWMD), the Florida Department of Transportation (FDOT), and the City. These services are typical for a project of this type. No additional City funding is required under this Task Authorization. | attachments=3 | reports=1

This Task Authorization to the Continuing Services Contract (CA #8360) with Kimley-Horn is for Construction Engineering Inspection (CEI) Services for the construction of improvements (boardwalk, sidewalk, grading, midblock crossings, etc.) associated with the Port Orange segment of the St Johns River To Sea (SJR2C) Loop Shared-Use Nonmotorized (SUN)Trail (FDOT #439865). The SJR2C Loop is a 260-mile regional trail system that runs through five Florida counties (Putnam, St. Johns, Volusia, Brevard, and Flagler) and includes the entire Palatka-to-St. Augustine State Trail and is part of the 3,000-mile East Coast Greenway. Similar SJR2C Loop Trail segments are programmed for construction in Edgewater, New Smyrna Beach, and South Daytona. CEI Services are required for this project to ensure that the contractor adheres to the safety standards and regulatory requirements and completes the project in accordance with the approved plans and specifications. On September 18, 2024, as part of the FY 25-29 Capital Improvements Program (CIP), the City approved the proposed budget to include funds for constructing and CEI Services for the Port Orange segment of the SJR2C Loop SUN Trail project, identified as Port Orange Project #CD221. The Port Orange segment of the SJR2C Loop Trail is between New Smyrna Beach and South Daytona and consists of existing trail segments along McDonald Road between South Daytona and Herbert Street, and Spruce Creek Road and Nova Road, south of Dunlawton Avenue to Ridgewood Avenue. The improvements associated with this project that will be constructed and require CEI services include segments (sidewalk and wood boardwalk) to fill gaps along Spruce Creek Road, north of Dunlawton Avenue, to Herbert Street, midblock crossings, signage, pavement markings, and drainage and grading improvements along Spruce Creek Road, north of Selin Court. The negotiated CEI fee for this project is $411,925.00. Funds are budgeted and available in Project #CD221 for this purpose. Approval of this Task Authorization will facilitate the issuance of a Notice to Proceed to Kimley-Horn in the summer of 2025, which aligns with the project construction schedule. | attachments=5 | reports=1

In August 2023, the City approved the proposed Down Under Concept Plan as described in the study prepared by Zev Cohen & Associates. The requested Task Authorization is for Zev Cohen and Associates to prepare construction plans and obtain required permits from outside review agencies for Phase 1 of infrastructure improvements to the Down Under Special Character District identified in the 2023 Down Under Plan. The Down Under Special Character District is the commercial area located under the Dunlawton Avenue Bridge, west of South Peninsula Drive, in the Port Orange Town Center Community Redevelopment Area (CRA). On September 18, 2024, as part of the FY 25-29 Capital Improvements Program (CIP), the City approved the budget to fund the design of the following improvements to the Down Under (Port Orange Project #CD206). The cost of these services will not exceed $362,500, and the design work and permitting are expected to take 6 months. The design plans will be for the following improvements to the Down Under area: Drainage & Stormwater: Convert open ditches into a below-ground stormwater detention system to reduce debris, improve treatment, and increase usable space for parking. Parking Optimization: Reconfiguration and repaving of the parking area to increase parking space capacity from +-/ 135 to +/- 200 spaces, including delineation of grass parking areas and improved mobility for delivery trucks. Traffic Access Improvements: Relocation of the south access drive at Peninsula Drive further away from the intersection of Peninsula Drive and Dunlawton Avenue, and constructing a dedicated right-turn lane. Pedestrian & Multimodal Access: Pedestrian connectivity and safety improvements, including sidewalks, lighting, and facilities for alternative transportation (golf carts, bikes, rideshare). Aesthetic Enhancements: Decorative street and parking lot lighting, uplighting of the bridge columns, lighting for murals, site furnishings, and native, drought and salt-tolerant, native plant landscape improvements. Public Spaces: Pedestrian plaza for gatherings and events adjacent to the Halifax River Wayfinding & Signage : Gateway signage and a coordinated signage program to identify tenants and guide visitors within the Down Under area. As part of preparing the construction plans, staff and Zev Cohen and Associates will meet with business owners in the Down Under area to discuss the infrastructure improvements further. Over the next year, staff will seek grant funding opportunities for the parking and drainage improvements and other identified improvements, along with preparing Capital Improvement Projects in future budgets to fund construction of the other elements in the plan. Due to the extended permitting timelines for in-water structures/features and coordination with FDOT, a fishing pier, water taxi dock, and living shoreline stabilization with educational signage will be designed and permitted in a future Phase 2. | attachments=4 | reports=1

The City of Port Orange has leased the Allen Green Center to Palmer College for their clinic since 2002. Palmer has been a model tenant and a great partner since their arrival. On October 3, 2017, Council approved the Second Addendum to the Third Amendment and Restatement of Lease Agreement (“Second Addendum”) with Palmer College. The Second Addendum provided, in part, for an extension of the lease period until March 31, 2025, and established a purchase option at the end of the lease period, based on Fair Market Value (FMV). Pursuant to the terms of the purchase option included in the Second Addendum, and in furtherance of exercising the purchase option for the Allen Green Center, Palmer remitted $90,000 to the City in March 2024. Under the option to purchase, the closing for the Allen Green Center is to take place on or before March 31, 2025. Prior to the expiration of the Lease Agreement, both the City and Palmer requested, and Council approved additional time to establish the purchase price through appraisals. The agreement states that the FMV of the property shall be the purchase price between the City and Palmer, and shall be established by two appraisers. However, if the two appraisals vary by more than ten percent (10%), a third appraiser shall be employed, and the average of the two closest appraisals shall be the FMV. The appraisals obtained by the City and Palmer varied by more than 10%; therefore, a third appraisal is required. While staff anticipates obtaining the third appraisal prior to the expiration of the Agreement, we do not believe the closing documents and schedules will allow for a closing prior to the expiration date. Thus, City staff and Palmer are requesting an additional two-month extension through July 31, 2025. | attachments=1 | reports=1

The Public Utilities Department has 86 sites (Water Treatment Facility, Water Reclamation Facility, and Lift Stations) that require regular landscaping and maintenance. The current landscaping contract with Verdego LLC expires in May 2025. A Request for Quote (RFQ) was sent out in February. Staff received four responses to the request for quote. G&G Outdoors, LLC was deemed the lowest responsive bidder at $62,644.20, which is less than the current contract price of $63,754.53 annually. The quote is for one year of landscaping maintenance with no renewal options. G&G Outdoors, LLC is currently performing landscaping services on the Police Range and staff are recommending the award of a one-year contract for Public Utilities Landscaping Maintenance with G&G Outdoors, LLC. | attachments=8 | reports=1

At the March 18 City Council Meeting, the Council authorized City staff to prepare and submit a grant application to the Florida Boating Improvement Program (FBIP), administered by the Florida Fish and Wildlife Conservation Commission (FWC), for construction funding for the Riverwalk Day Dock at Riverwalk Park. Following further discussions with the FWC, it was determined that a Resolution approved by the City Council is required as part of the grant application. This Resolution affirms the City’s commitment to the Riverwalk Day Dock project and authorizes staff to move forward with submitting the FBIP grant application. The FBIP provides funding support to local governments for projects that enhance public boating access, safety, and recreational boating opportunities. City staff intends to apply for up to $400,000 in funding to assist with the construction of the day dock. The proposed project includes the installation of a dock perpendicular to the shoreline, capable of mooring up to ten (10) vessels up to 35 feet in length. The design also allows for future expansion of additional slips based on demand and includes accommodations for a future water taxi stop. The project scope also includes dredging a navigational access channel from the dock to the adjacent deep-water channel leading to the Intracoastal Waterway (ICW) and installing channel markers to safely guide boaters between the dock and the ICW. The total estimated construction cost is $1,620,520. The City has already submitted a grant application to the Florida Inland Navigation District (FIND) requesting $810,260 in construction funds. If both the FIND and FBIP grants are awarded, the City’s share of the construction cost would be reduced to $410,250. Design and permitting for the project are expected to be completed by Summer 2025, with construction anticipated to begin in 2026. Approval of this resolution does not obligate the City to fund this project; it is only for staff to apply to FBIP for construction funds. Should the City be selected for funding, a separate Resolution will be required to accept the grant funds and any land use restrictions. | attachments=1 | reports=1

Since 2004, the City of Port Orange and other municipalities in East Volusia County have participated in an Automatic Aid and Closest Unit Response System for Fire-Rescue and Emergency Medical Services (EMS). This system, authorized through an Interlocal Agreement between participating jurisdictions, ensures that emergency fire-rescue and medical services are dispatched based on proximity, rather than jurisdictional boundaries, thereby improving response times and resource availability. Since then, the agreement has been amended six times to maintain an uninterrupted closest unit response. The Sixth Amendment to the original agreement has expired, and the participating municipalities have determined that a new, updated Interlocal Agreement is necessary. The new agreement will continue to support cooperative emergency response efforts while including essential provisions to ensure compliance with the Insurance Services Office (ISO). ISO evaluates the efficiency of fire departments around the country. Port Orange Fire Department is evaluated every five years, and a written automatic aid agreement is required for compliance. The participating municipalities are as follows: City of Port Orange City of Daytona Beach Shores City of Edgewater City of New Smyrna Beach City of South Daytona Town of Ponce Inlet | attachments=2 | reports=1

Debbie Connors currently represents the City on the Volusia Growth Management Commission (VGMC). Ms. Connors' term is scheduled to expire on June 30, 2025. Ms. Connors has expressed an interest to continue serving the City in this capacity. She has held many leadership roles during her tenure and currently serves as Chair of the Commission. Ms. Connors is highly respected by her fellow members and staff, and she brings significant historical knowledge and expertise to the commission. | reports=1

Michael Rusin would like to be appointed to the Fire Pension Board. The appointment is a 4-year term that will expire in December 2029. Mr. Rusin's application is attached for your consideration. No other applications have been received by the Clerk's Office. | attachments=2 | reports=1

In 2018, the City Council adopted Ordinance No. 2018-13, to implement amendments to Florida Statutes, including the Florida Advanced Wireless Infrastructure Deployment Act (“Small Cell Statute”). Ordinance No. 2018-13, created the Port Orange Communications in Rights-of-Way Ordinance, which regulates the processing of applications and installation of communications facilities in the City’s public Rights-of-Way. The ordinance was updated in 2021 to be consistent with 2019 amendments to Florida Statues. The City has proactively solicited industry comments on this ordinance in an effort to continually improve its permitting process. Chapter 58, Article IV of the Code of Ordinances spells out the registration and permitting process for communications facilities located in City rights-of-way in order to minimize disruption to the rights-of-way and protect the City’s infrastructure located therein. Based on the comments received from the communications providers and the experience of permitting the installation and repair of communications facilities in the city's rights-of-way since the ordinance was adopted in 2018, staff has determined that some of the requirements in the ordinance are not practical or necessary to properly install the communications facilities and protect public infrastructure. Staff is recommending changes to the ordinance to help streamline the permitting process by removing requirements such as photographic/videographic documentation of the work area prior to construction, dispensing with permitting requirements for certain routine maintenance tasks, removing various certifications of the engineering plan, and the requirement to provide as-builts upon completion. The proposed changes to the ordinance will not affect the city's ability to effectively minimize disruption to public rights-of-way and to protect public infrastructure from damage during the installation of communications facilities. The ordinance still includes the requirements of an engineering plan that shows the type of proposed facility, location of the proposed facility, and the dimensions, height, footprint, and concealment features or other pertinent engineering information requested by the city to insure the communications facilities are installed correctly and within rights-of-way. | attachments=3 | reports=1

Council discussed capital financing items on November 19, 2024 and April 1, 2025. As a follow-up to those discussions, this Ordinance authorizes the issuance of Capital Improvement and Refunding Revenue Bonds not to exceed $38 million. Approximately $22 million is expected to be new loan proceeds to fund the design and construction of the Public Utilities Field Operations Facility on City-owned property adjacent to the Police Department. The remaining $14 million will refund a portion of the outstanding series 2014 Capital Improvement Bonds and the 2005 Stormwater Bonds. This refunding will save $1.5 million and has a net present value savings of $667,000, or 4.91%. Closing is scheduled for June 24, 2025. | attachments=1 | reports=1

The resolution authorizes the issuance of not-to-exceed $38,000,000 of Capital Improvement Refunding Revenue Bonds, Series 2025 for the purposes of financing and/or reimbursing the 2025 Project and the refunding of all or a portion of the City’s outstanding Capital Improvement Refunding Revenue Bonds, Series 2014 and Stormwater Utility Revenue Bonds, Series 2005. The 2025 Project includes the acquisition, design, construction, improvement and equipping of a facility including one or more buildings for use primarily by the Public Utilities Department. The resolution provides for the security for the Series 2025 Bonds, the form of the Series 2025 Bonds, certain details of the Series 2025 Bonds, and authorizes certain City officers, attorneys and other to perform all acts and things required by the resolution or any supplemental resolution. | attachments=1 | reports=1

This resolution supplements Resolution No. 25-28 and authorizes the issuance of not-to-exceed $38,000,000 of Capital Improvement Refunding Revenue Bonds, Series 2025 and the negotiated sale of the Series 2025 bonds to the underwriter, Hilltop Securities Inc., subject to the satisfaction of the terms and conditions therein. The resolution delegates to the Finance Director, the City Manager, and the Mayor the authority to determine certain details of the bonds, to take such further action for carrying out the purposes of the resolution, and to execute the Bond Purchase Contract, subject to certain parameters included therein. The resolution appoints the paying agent and registrar (The Bank of New York Mellon Trust Company) and dissemination agent (Digital Assurance Certification LLC), authorizes the form of the Bond Purchase Contract, form of Preliminary Official Statement (and execution of the final Official Statement), form Continuing Disclosure Certificate, and form Escrow Deposit Agreement(s) in connection with the issuance and sale of the Series 2025 Bonds. The resolution authorizes certain City officers, attorneys, and others to perform all acts and things required by the Resolution. | attachments=1 | reports=1