City Council approves annexation, rezoning, school resource officer agreement, and multiple utility contracts

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The Public Utilities and Engineering Departments are requesting approval of Task Authorization No. 23 with Kimley-Horn & Associates, Inc. under the Master Contract for Engineering and Environmental Services (CA7763) for the Water Treatment Plant (WTP) Actina Pilot Program for an amount not to exceed $142,824. The City’s existing surface water facility consists of conventional lime-softening treatment and ancillary processes to enhance treatment. The Public Utilities Department is looking at options for treating the existing raw water supply more efficiently and effectively. The Actina is a drinking water softening process by pellet that is designed to limit calcium carbonate deposits caused by daily use of hard water. The deposits can cause clogging and affect the proper operation of the City’s water treatment plant, businesses, and residential households. The pilot study will determine the ability of the unit to impact reduction or rejection of each item in the raw water supply including, hardness, Total Organic Carbon, turbidity, color, and iron present in the raw water. It is intended to provide general estimates of chemical demands, energy demands, solids generated and estimated finished water quality. Water quality sampling will be handled in-house. Kimley-Horn and Associates, Inc. has provided a scope of work regarding the implementation of an Actina pilot unit. They will provide engineering services to support the proposed pilot testing. The pilot study is being performed with the goal of evaluating the ability of the Actina pellet softening to effectively treat the City’s raw water supply. Task Authorization No. 23 will require a term of 180 days from the issuance of the Notice to Proceed. This will allow sufficient time for staff evaluation. | attachments=7 | reports=1

The Engineering Department is requesting approval of Change Order No. 3 to McMahan Construction Company for an additional 210 days and $211,314 under the EJCDC Agreement for ITB #22-10 Water Reclamation Facility (WRF) East Master Lift Station Upgrades for a final completion date of February 6, 2026, and a final contract price not to exceed $4,307,564.00. On February 21, 2023, the City entered into an agreement with McMahan Construction Co, Inc. for the Water Reclamation Facility (WRF) East Master Lift Station Upgrades for $4,058,000. Change Order No. 1 for the purchase and installation of a steel frame to remove and reinstall the emergency standby generator, in the amount of $38,250, was approved by Council on August 1, 2023. Change Order No. 2 for an additional 365 days to the final completion date was approved on August 21, 2024. The WRF East Master Lift Station Upgrades project has experienced significant delays, primarily due to extended lead times associated with the fabrication of the custom-built control panels and waiting for FPL to complete the relocation of the transformer for the East Master Lift Station. The control systems being manufactured for this project are highly complex and fully customized, serving as the central operational component of the facility and forming the basis for all future planned upgrades. The upgraded facility control systems will optimize the removal of pollutants from wastewater to meet discharge standards set by regulatory agencies. Precisely controlling the treatment processes can also optimize energy consumption, reduce chemical usage, and minimize waste, leading to cost savings. City staff have participated in several operational functionality tests at the manufacturer’s facility, the most recent of which was conducted in March 2025. Based on the results of that test, these visits have resulted in the need for additions to improve the functionality and safety prior to finalizing the panels for shipment. According to the manufacturer, the panels are currently scheduled to ship to the job site in early August 2025. Once a confirmed delivery date is provided, the Contractor will mobilize to the site, install bypass pumping equipment, and initiate the installation of the new pumps and electrical control panels. Summary of Change Order No. 3 Costs: Control System Modifications: Upgrades and enhancements to the controls system to improve operational efficiency, worker safety, and process redundancy not included in the original scope. These upgrades include installation of lockable window covers for the Variable Frequency Drives (VFDs) Human Machine Interface (HMI), safe touch circuitry, and Primary Logic Controller (PLC) redundancy - $115,096.00 Permitting: Additional permitting costs exceeding the contract allowance – $300.93 Temporary Generator Work: Additional electrical work required to disconnect and reconnect the trailer-mounted temporary generator, not included in the original scope – $5,987.00 VFD Warranty Extension: Warranty extensions on VFDs due to project delays – $6,358.00 Pump Warranty Extension: Warranty extensions on the three new pumps – $8,625.00 Breaker Replacement: Replacement of the main 800-amp breaker and repair of the existing unit to be retained as a spare, due to age – $74,947.07 Total Change Order No. 3 Amount: $211,314.00 City Staff Inspecting Controls Equipment at Witness Testing City Staff Inspecting a Variable Frequency Drive (VFD) for Witness Testing | attachments=9 | reports=1

The Engineering Department is requesting approval of Change Order No. 1 to Task Authorization No. 6 – Water Reclamation Facility East Master Lift Station Upgrade Construction Phase Services for $62,380; for a revised agreement not to exceed $227,408 and time extension of 647 days to move the Final Completion date from May 30, 2024 to March 8, 2026. On February 21, 2023, Council approved Task Authorization No. 6 with Kimley-Horn and Associates, Inc. for construction phase services relating to ITB #22-10 – Water Reclamation Facility East Master Lift Station Upgrade. Task Authorization No. 6 has a final completion date of 450 days from the date of a written notice by the City. The original purchase order was issued on March 7, 2023. This date is considered the Notice to Proceed date. Change Order No. 1 to Task Authorization No. 6 is necessary to add an additional 647 days to the final completion date. This will move the final completion date from May 30, 2024 to March 8, 2026. Staff also recommends an additional $62,380 in funding to cover the cost of additional on-site construction observation services during the construction phase of the project. Delays from FPL and extended material lead times for the complex electrical control panels have extended the overall project timeline by almost two years from an original final completion date of May 30, 2024 to March 8, 2026. Throughout the time of the delays, the project team has continued to allocate personnel for progress meetings, shop drawing review, contractor Requests for Information (RFI’s), and have attended multiple live witness tests of the controls system for the project at the control system manufacturing facility in Lakeland. According to the control panel manufacturer, Revere Controls Systems, the panels are currently scheduled to ship to the job site in early August 2025. Once a confirmed delivery date is provided, the Contractor will remobilize to the site and initiate the installation of the new pumps and the electrical and controls systems. | attachments=9 | reports=1

The Public Utilities Department is requesting Council to approve Change Order No. 2 to Addendum No. 1 – Scope of Work No 4361-6 (CA8487) with Hydro-Dyne Engineering, Inc. in the amount of $15,478.18 including an additional 365 days to be added to the Final Completion date. On August 6, 2024, the City entered into Addendum No. 1 – Scope of Work No. 4361-6 (CA8487) with Hydro-Dyne Engineering, Inc. for the direct purchase of two (2) Hydro-Dyne Center Flow Bar Screens for the Water Reclamation Facility. This purchase included a standard 12-month manufacturer’s warranty and a five (5) year service agreement. Primary influent bar screens are required to remove larger solids and rags from the incoming wastewater before starting the treatment process. Failure to properly remove rags and larger debris will result in damage to expensive treatment and pumping equipment. Primary screening equipment is part of the operating permit issued by FDEP. On December 4, 2024, the City Manager approved Change Order No. 1 to Addendum No. 1 – Scope of Work No. 4361-6 (CA8487) with Hydro-Dyne Engineering, Inc. in the amount of $10,500; for a revised contract amount of $910,500 for the direct purchase of two (2) Center Flow Bar Screens. The change order was necessary to correct a calculation error on the original item. No time extension was requested at this time. Change Order No. 2 is necessary to provide additional electrical upgrades that will require additional engineering and design services to ensure the panels will integrate with the future plant upgrades. Change Order No. 2 is for the amount of $15,478.18; for a revised amount not to exceed $925,978.18. Due to the additional engineering and design services, staff is requesting an additional 365 days be added to the Final Completion date. This will move the final completion date from September 9, 2025, to September 9, 2026. This project is funded under a 100% reimbursable loan of $15.1 million from FDEP for the Water Reclamation Facility Filter and Generator Resiliency Project and the additional costs requested are covered by the loan. Part of the project scope was to upgrade the existing bar screens with higher capture rate Center Flow Bar Screens. The Hydro-Dyne Center Flow Bar Screens are sole sourced for the design and specifications of the project. | attachments=6 | reports=1

The Parks and Recreation Department is requesting Council approval of Task Authorization No. 2 with Paul Culver Construction to make repairs at the REC. During Hurricane Milton, multiple areas of the REC started leaking. Staff hired Nova Engineering to conduct a forensic envelope study to review the building plans and check for any deficiencies in the structure that could be responsible for the water intrusion. The report outlines the causes of the leaks and provides recommendations, including adjustments to windows, roof, drains, flashing, sealant and exterior cladding. Many of these deficiencies can be attributed to the construction issues with the contractor during the REC remodel and expansion project, which ultimately resulted in liquidated damages totaling $62,250. Parks and Recreation staff requested bids from all companies on the General Contracting Services list and Paul Culver Construction was the lowest and most responsive bidder. The Task Authorization is not to exceed $98,000.00 and will be partially funded from the liquidated damages collected at the conclusion of the remodel and expansion project, with the remainder being paid from the 106 Fund (Recreational Facilities). The 106 Fund can be used for recreation facility repairs or upgrades as deemed necessary. | attachments=6 | reports=1

The Drug Task Force mission is to identify, arrest, and eliminate street level drug organizations and individuals who control drug operations. The Drug Task Force is not limited to narcotics related cases, it is also responsible for the investigation into non-organized prostitution, gambling, alcoholic beverage, tobacco, and firearm violations. The parties are contributing personnel and resources in support of the Drug Task Force efforts, with the operations of the Drug task Force being coordinated with the Volusia Sheriff's Office and the other Drug Task Force members. Council originally approved this item at the June 7, 2022, Regular City Council Meeting. However, the agreement is being revised with the following changes: The City of South Daytona Police Department is being removed from the agreement as they are no longer participating. The words “and fugitive apprehensions” has been added to the mission statement to ensure task force officers and agents assisting with fugitive apprehensions are explicitly covered under the agreement. The expiration date for the agreement has been extended to May 31, 2029. | attachments=1 | reports=1

In 2024, the Port Orange Police Department (POPD) was approached by the Volusia Sheriff’s Office (VSO) regarding assuming School Resource Officer (SRO) duties at schools currently manned by VSO Deputies within the City of Port Orange. The City was the last Volusia County municipality not providing SRO services within their jurisdiction. However, as POPD staffing levels stabilized, the Department agreed to begin providing SROs at both Silver Sands and Creekside Middle Schools beginning with the 2025/2026 school year. As the agreement states, the POPD SRO program facilitates fostering better relations between students and POPD law enforcement personnel; deters crime on or about school premises by the presence of a law enforcement officer; helps to enforce local, state, and federal laws, and to have a SRO available for presentations to the students, faculty, and parents concerning law enforcement and various subjects related to the law. The SRO maintains a highly visible uniformed presence while on duty at the school sites, further enhancing the safety of students attending school within the City of Port Orange. The term of the SRO Agreement between the Volusia County School Board and the City is for a total of five years, consisting of one base year followed by four, one-year renewal options beginning on July 1, 2025, and running through June 30, 2030. The Agreement does not contain provisions for automatic renewal; any renewal option must be mutually agreed upon by both parties and approved in writing. The City agrees to provide the School Board two (2) full-time School Resource Officers eight (8) hours per day for one hundred eighty-one (181) school contract days, excluding summer school. Daily hours for SRO assignment are primarily 7:30 a.m. to 4:00 p.m. Monday through Friday at Silver Sands Middle School and Creekside Middle School. The City will make every effort to have the School Resource Officer position filled at the beginning of the school year and throughout the term of this Agreement, dependent upon staffing availability. The agreement also allows for the City to be compensated by the School Board at a rate of fifty percent (50%) for all services provided. For the base year, the established rate of compensation is $52.59 per billable hour. The total Agreement price for the base year shall be $38,075.16 per SRO for a total of $76,150.32, which is numerated as follows: Hourly Rate: $52.59 Billable Hours: 1,448 (One (1) SRO at 8 hours, 181 days) Total Billable: $38,075.16 per SRO (50% of total billable of $76,150.32) Total Agreement Price for base Year 1: $76,150.32 (2 SROs @ $38,075.16 each) | attachments=1 | reports=1

Volusia County ("County") is eligible to receive funding from the FY 2024/25 share of the Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program, which focuses on improving the criminal justice system by funding initiatives within local and state agencies. In order to submit nonprofit agencies' applications for this funding, the County must receive approval from 51% of the cities located within Volusia County. The JAG program focuses on providing funding to several municipalities to improve the criminal justice system through one or more purpose areas. This includes, but is not limited to, programs focused on law enforcement, prosecution/court, prevention/education, drug treatment, and enforcement programs. The County is recommending the funds be allocated as follows: The House Next Door is recommended to receive $27,538 to implement a school-based prevention program targeting middle school students (6th-8th grade) who are involved in or at risk of involvement with the criminal justice system SMA Healthcare, Inc. is recommended to receive $78,682 to fund a percentage of two full-time Peer Recovery Specialists to support Volusia County Drug Court participants Daytona Beach Shores Department of Public Safety is recommended to receive $24,500 for fiscal year 2024/25 to establish a drug-detection K9 program Holly Hill Police Department is recommended to receive $7,855 to implement enhancements to Traffic Homicide Investigations Grant regulations require approval of the funding distribution by the majority of all local governments within the County. In previous years, Port Orange has provided support as recommended by the County. No financial or other commitments are required from Port Orange. | attachments=2 | reports=1

Staff requests approval to apply for the Community Oriented Policing (COPS) Hiring Program (CHP) Grant Funds. The grant will fund 75% of three years of starting salary and benefits, with a 25% match from the City. An additional five police officers are being considered in the proposed FY26 budget and will be discussed at upcoming budget meetings. The Police Department has submitted a separate agenda item regarding a School Resource Officer (SRO) agreement with the Volusia County School Board wherein the City of Port Orange will begin receiving compensation for two SRO positions beginning with the 2025/2026 school year should Council approve the item. The compensation, equating to $76,150.32, is guaranteed by the agreement and would offset costs for these two additional police officer positions should they be approved by Council in the FY26 budget. Therefore, this grant application is to support the cost of the remaining three additional police officer positions however, the application is required to be submitted before a final decision on the budget is made. If these new positions are not ultimately approved by Council, this grant application can be withdrawn from consideration. The COPS Hiring Program grant proposal will be for three officers, with a total salary cost of $281,250 per year. The City's grant match is estimated to be $93,750. The City will have to fund the full cost of equipping the officers and providing vehicles for each. The City will be required to pay the full salary cost in year four per the grant agreement, and the intent is for these positions to become permanent thereafter with all costs covered by the City. | attachments=1 | reports=1

Effective July 1, 2025, with the adoption of SB 700 signed into law by Gov. DeSantis, the City is prohibited from using any additive in its public water supply that is not for the explicit purpose of improving water quality. The City of Port Orange has added fluoride to its drinking water system since 1982 (see Resolution No. 82-15). Resolution No. 25-31 is submitted to rescind Resolution No. 82-15 and end the City's practice of fluoridation, making Port Orange compliant with the newly adopted State law. | attachments=1 | reports=1

The Parks and Recreation Department staff is requesting City Council approval to exhange a portion of Willow Run Park, said parcel being located behind Horizon Elementary School, which is owned by the City, in exchange for the City receiving a portion of the Silver Sands Middle School parcel, in equivalent acreage, adjacent to the City Center to build two multipurpose athletic fields and support facilities. While meeting with school district staff about the Willow Run bond project and its impact on Horizon Elementary's ability to expand permanent classrooms, the two parties came together and agreed on a land swap that would benefit both organizations. Under this proposal, the City would receive approximately 6.88 acres of the southern portion of the Silver Sands Middle School site in exchange for approximately 6.88 acres of the northern portion of Willow Run Park, which is owned by the City and is currently used by the school for its daily needs (see attached maps). The City would be able to expand its sports fields into the same geographical area as the current City Center Sports Complex, which provides staff efficiency and continuity for parents whose children play in our programs and have siblings that are different ages. There are currently three Use Agreements to share property between the City and the School Board. The agreement for use at Horizon Elementary School would be canceled upon execution, because it would no longer be necessary. The agreements for Silver Sands and Creekside Middle Schools would stay in effect until their maturity date of April 2026. These two agreements will continue to provide park land and sports fields for the Parks and Recreation Department to use until the expiration date. The City will continue with the other improvements to Willow Run Park as considered in the bond proposal. Staff from both the School Board and the City support the attached agreement and the School Board is expected to execute this agreement at their meeting on June 24, 2025. Location of property at Willow Run Park to be transferred to Volusia County Schools Location of property at Silver Sands Middle School to be transferred to the City | attachments=1 | reports=1

The applicant, Storch Law Firm, on behalf of property owners Craig D Baumann - Life Estate, Joyce E Tumblin Trust, and Stetson University Inc., is requesting to voluntarily annex approximately 56.5 acres of property, currently located in unincorporated Volusia County, into the City of Port Orange. The subject property is located west of Airport Road, north of Charles Street. If the City approves the annexation request, the applicant intends to submit development applications to change the Future Land Use (FLU) designations for the subject property from Volusia County Agriculture Resource and Urban Low Intensity to City of Port Orange Rural Transition (0-2 units/acre) and rezone the subject property as a Planned Unit Development (PUD) to establish the framework to develop a subdivision with up to 113-unit detached single-family homes. According to the applicant, the proposed PUD will establish the development framework to construct a 113-unit detached single-family home subdivision with a design layout and density (2 units/acre) similar to the Waters Edge subdivision. Location map of proposed annexation area Pursuant to section 171.062(2), Florida Statutes, once a property has been annexed, the Future Land Use and Zoning for the subject property is to be changed from the Volusia County designations to City designations. The current Volusia County FLU designations on the subject property are approximately 52.96 acres of Volusia County Agriculture Resource (1 unit/10 acres) and 3.57 acres of Volusia County Urban Low Intensity (0-4 units/acre). The current Volusia County zoning designations are approximately 52.96 acres A-1 and 3.57 acres A-2. Based on the current Volusia County FLU designations, the subject property would be permitted approximately 19 units. If the annexation is approved, the applicant will submit development applications for the subject property to change the FLU designation to City of Port Orange Rural Transition (0-2 units/acre) and the zoning designation to Planned Unit Development (Single Family Residential PUD). Florida Law requires unincorporated parcels to meet three (3) locational criteria before a municipality may annex them. Pursuant to section 171.043(1) Florida Statutes, this report certifies that the area to be annexed is: 1) contiguous to the City of Port Orange boundaries; 2) reasonably compact (does not contribute to urban sprawl); and 3) not currently part of the incorporated area of another municipality. However, the approval of a voluntary annexation is a legislative decision, and the action by the City Council can be based on any legitimate public concern regarding how the annexation could affect the city or the surrounding area. It is not a quasi-judicial decision that must be based on competent, substantial evidence. City departments, including Police, Fire and Rescue, Public Utilities, Finance, Public Works, Parks and Recreation, Engineering, and Community Development, have reviewed the annexation request. Based upon the responses received and an impact analysis, there is adequate capacity (potable water, sewer, solid waste, transportation, and open space) or services to accommodate the proposed annexation of the ±56.5-acres along with the proposed 113-lot detached single-family home subdivision, and the proposed annexation meets the locational criteria in Florida Statutes. If the annexation is approved, any development on the 56.5 acres will be required to address traffic concurrency by constructing roadway improvements and/or transportation fair-share payments to either the city and/or Volusia County and provide stormwater retention on the property in accordance with the LDC and State and regional permitting agencies prior to approval of a development application. The Staff Report is attached for more information. | 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