Council approves consent agenda, board appointments, rezoning ordinance; CIP presented

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The Parks & Recreation Department is requesting Council approval to award ITB #25-12 to East Coast Marine Construction & Design for the base bid amount of $1,650,695.95 and authorize an unforeseen conditions allowance (contingency) of $165,069.00. ITB #25-12 involves the demolition of existing ramps and docks on the south side of the Causeway Park, replacing them with new ramps and docks that are more resilient to extreme high tides and tropical activity. The scope also includes repaving and striping the existing parking lot and is expected to take up to 12 months for construction. The design was provided by Dredging and Marine Consultants. This project is budgeted in the FY25 budget and received $1,200,000.00 from Florida Inland Navigation and Volusia ECHO grants. Conceptual photo provided by DMC engineers. | attachments=9 | reports=1

On July 19, 2016, the City entered into an Interlocal Agreement with the Utilities Commission of New Smyrna Beach under which potable and treated reclaimed water can be exchanged for the facilitation and management of the interconnected systems. Each party agrees to transfer and accept excess treated potable water and excess treated reclaimed water effluent from each other pursuant to the terms under the agreement. The parties agree that potable water transfer shall only occur for the purpose of emergency or short-term capacity needs. City Council approved the first renewal term of the agreement on July 21, 2020, for an additional four (4) years. A second renewal term for an additional four years is now being requested from the City Council. Due to an administration change with the Utilities Commission of New Smyrna Beach, the renewal was not executed in 2024 as originally anticipated. Notwithstanding the date of execution, the term of this renewal is for four (4) years starting July 19, 2024, to July 18, 2028. The agreement can be renewed for successive four-year terms provided both parties are in agreement. Either party may cancel this agreement with six months prior notification. | attachments=1 | reports=1

On May 20, Council approved the purchase of land adjacent to Depot Park with funding from the Wetland Mitigation Fund. Staff requests approval to appropriate $230,000 from the $2.8 million available fund balance in order to complete this purchase. | attachments=1 | reports=1

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The Port Orange Community Trust is required to make an annual presentation to City Council setting forth its activities, accomplishments, and contributions to the City and its residents and provide a forum for Council to provide feed-back and offer suggestions for enhancement of the collaboration or modifications of the agreement between the City and Port Orange Community Trust. | reports=1

There are currently two openings on the Parks and Recreation Board. Four people, Brian Syford, Christina Berry, Jeff Brabham, and Kathleen Mallegol, have expressed interest in these two positions. The appointments are for a 3-year term that will expire in February 2028. Their applications are attached for your consideration. No other applications have been received by the Clerk's Office. | attachments=4 | reports=1

There is currently one opening on the Environmental Advisory Board. Three people, Christina Berry, Jeff Brabham, and Kathleen Mallegol, have expressed interest in this position. The appointment is for a 3-year term that will expire in May 2028. Their applications are attached for your consideration. No other applications have been received by the Clerk's Office. | attachments=3 | reports=1

Planning Commission Action (5/22/25): Recommended Approval (Vote 6-0) The proposed administrative rezoning (Case No. REZONING-25-0003) is to change the zoning of a ±0.26-acre property located at the southeast corner of Jefferson Avenue and Oak Street from Community Commercial (CC) to Neighborhood Preservation (NP). If approved, the existing single-family residence on the property will be demolished and replaced with a new single-family home, consistent with the surrounding neighborhood character. Location map of 422 Jefferson Avenue The subject property has been occupied by a single-family home since 1963. This home was damaged during Hurricane Ian, and the property owners are currently in the Volusia County Transform 386 Program to have the home demolished and a new home rebuilt in its place. In April 2025, a building permit application to rebuild a home on the subject property was submitted to the City for review. During the staff’s review of the building permit, it was discovered that four lots, including the subject property, located on the east side of Jefferson Avenue, between Oak Street and B Street, were zoned Community Commercial (CC). Although these properties are currently designated as commercial on the City’s Zoning Map, they have been developed and used for residential purposes since the early 1960s. Given the established residential zoning and existing homes on the adjacent properties to the west, south, and north, staff has concluded that these four lots should be rezoned to a residential district to ensure consistency with surrounding land uses and zoning patterns. To proceed with the issuance of the building permit to rebuild the home on the subject property, it must be rezoned to a residential zoning district that allows single-family homes and provides the building setbacks that a new home must meet. To address the zoning inconsistency of the subject property, staff has prepared an administrative rezoning application to rezone the subject property to Neighborhood Preservation (NP). Rezoning the subject property to NP will bring it into conformance with the City’s Comprehensive Plan, make it consistent with the surrounding area, and the historic and intended use of the subject property. If approved, the new single-family home to be built on the subject property will need to meet all requirements in the Land Development Code (LDC) and Florida Building Code (FBC). The proposed new home’s finished floor will be elevated three (3) feet above the existing grade. There are three (3) additional residential homes on lots zoned commercial that are located directly south of the subject property that are proposed to be included in a future administrative rezoning. To prevent delays in the permitting process for a Transform 386 grant project, staff proceeded with rezoning the subject property independently at this time. Staff will continue working with the owners of the adjacent lots to rezone their properties from Community Commercial (CC) to Neighborhood Preservation (NP) in the near future. The staff report is attached for more information. | attachments=3 | reports=1

Staff will present an overview of the following: Preliminary Capital Improvement Plan (CIP) Capital Outlay Requests Fleet | attachments=1 | reports=1