Port Orange City Council adopts LDC amendments, approves consent items, and sets FY 2025-26 maximum millage at 5.0000

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Hall & Ogle Architects, Inc. has provided a quote for design services for the City Center Sports Complex expansion (CCSC) under their current continuing services contract. The design work will be for Bond Project 3 - CCSC expansion. This will be on the newly acquired Silver Sands land. Design is expected to take 9–12 months. The scope will include all necessary engineering, including civil, landscape, structural, mechanical, plumbing, and electrical. Allowances have been included for site survey and geotechnical services as required. The cost of these services is not to exceed $187,500. The scope of work will include the design of two soccer fields with lights, parking, restrooms, and connectivity to the existing sports complex. | attachments=5 | reports=1

The Parks & Recreation Department is requesting City Council approval to award Invitation to Bid (ITB) #25-03 to SSS Down To Earth OPCO, LLC for an amount not to exceed $277,261.30. The project scope includes the full renovation of all 35 bunkers on the golf course, totaling approximately 36,480 square feet. This includes reshaping the bunkers, clearing existing drainage systems, and refilling with new sand. These improvements address long-standing drainage issues that cause water retention and hardened sand, which negatively impact playability and course safety. The bunkers have not received a full renovation in over 30 years. Five bids were received for the project; one was deemed non-responsive. SSS Down To Earth OPCO, LLC d/b/a Down to Earth submitted the lowest responsive and responsible bid. Funding for this project is allocated through the Golf Course Capital Outlay and was approved in the current fiscal year budget. | attachments=7 | reports=1

The Engineering Department is requesting approval of Change Order No. 1 to the EJCDC Agreement with GPS Civil Construction, Inc. for the Jackson Street and Oak Street Drainage Improvement Project, in the amount of $45,393.00; the revised agreement amount is not to exceed $2,916,208.35. No additional time is being requested with this Change Order, and there are funds in the project to cover the increase. On July 16, 2024, the City entered into an agreement with GPS Civil Construction, Inc. for ITB #24-13 - Jackson Street and Oak Street Drainage Improvements. The project scope includes installing stormwater piping within the existing roadside ditches along Jackson Street and Oak Street, adjacent to Memorial Park. The design called for the new drainage pipe along Jackson Street to be installed at approximately the same elevation as the bottom of the existing ditch. At the time of design, it was not anticipated that sanitary sewer laterals serving homes on the west side of Jackson Street would conflict with the proposed drainage improvements, as the drainage pipe was intended to follow the ditch bottom elevation. However, upon field verification by the Contractor and City staff, it was determined that the proposed drainage system conflicts with existing sewer laterals due to their shallow installation depth, some of which are located less than six inches below the ditch bottom elevation. To resolve this conflict, City staff, in coordination with the Engineer of Record, propose modifying the drainage structures along the affected section of Jackson Street. Specifically, 3-foot concrete risers will be used to allow the stormwater piping to be installed, thereby eliminating the conflict with the existing sanitary sewer laterals and ensuring proper separation between the two systems. | attachments=7 | reports=1

The Engineering Department is requesting approval of Task Authorization No. 25 under the Master Contract for Professional Engineering Services (CA7763) as it relates to the Standard Construction Details update. Staff have requested assistance from Kimley-Horn & Associates, Inc. to provide engineering services associated with reviewing and updating the City’s Standard Construction Details. The City currently has 117 standard construction details in our database. In construction, “standard details” refer to generic, repeatable drawings or plans that illustrate common construction practices or techniques. These are used consistently across multiple projects and the standardized design and construction process, ensuring consistency and reducing the need to create new drawings for each project. Standard details provide a blueprint for how certain construction elements should be built. The Standard Construction Details were last updated in 2008. Kimley-Horn will review the current city Standard Construction Details, which include thirty (30) existing miscellaneous details, twenty-seven (27) potable water details, ten (10) reclaimed water details, seventeen (17) roadway details, twenty-three (23) sewer details, and ten (10) storm drainage details. This task authorization also includes adding up to ten (10) new standard details based on the topics above, if needed. All details will be developed in AutoCad. Funding for this project is included in the current budget. | attachments=6 | reports=1

The current Citywide Street Striping Services agreement is set to expire on July 19, 2025. There are no renewal options available. A new bid was drafted and published under ITB #25-14. On June 6, 2025, the Purchasing Department received two sealed bids. Proposals were received from Better Barricades, Inc. and TRP Construction Group, LLC. ITB #25-14 was written with the intent to award a primary contract and up to two (2) alternates. The Engineering Department is requesting approval to award Better Barricades, Inc. as primary and TRP Construction Group, LLC as the alternate. The Standard Contract for Services will have an initial term of two (2) years, with three (3) one-year renewals to be approved by the City Manager. Work will be performed under Purchase Orders issued as needed. The annual striping budget is approximately $80,000. | attachments=13 | reports=1

The current Citywide Street Striping Services agreement is set to expire on July 19, 2025. There are no renewal options available. A new bid was drafted and published under ITB #25-14. On June 6, 2025, the Purchasing Department received two sealed bids. Proposals were received from Better Barricades, Inc. and TRP Construction Group, LLC. ITB #25-14 was written with the intent to award a primary contract and up to two (2) alternates. The Engineering Department is requesting approval to award Better Barricades, Inc. as the primary and TRP Construction Group, LLC as the alternate. The Standard Contract for Services will have an initial term of two (2) years, with three (3) one-year renewals to be approved by the City Manager. Work will be performed under Purchase Orders issued as needed. The annual striping budget is approximately $80,000. | attachments=9 | reports=1

The Emergency Medical Technician (EMT)-IV training program was developed in collaboration with Halifax Health in Port Orange. This program is designed to enhance the scope of practice for EMT Basics by equipping them with the skills necessary to initiate intravenous (IV) access in the field under the direct supervision of a Paramedic. The training curriculum consists of two primary components: An in-house classroom and practical skills portion, delivered by our EMS Division and conducted during scheduled shifts to facilitate seamless integration into existing operations. A clinical component will be completed at Halifax Health, Port Orange, to provide hands-on experience in a controlled healthcare environment. Upon successful completion of all program elements, EMT-Basics will be authorized to perform IV insertions under Paramedic oversight and in accordance with established protocols. This initiative represents a significant advancement in our ability to deliver timely and effective pre-hospital care. By expanding the clinical capabilities of our EMTs, we aim to enhance patient care, improve on-scene efficiency, and provide critical support in situations where a single paramedic may be managing a high-acuity patient. | attachments=1 | reports=1

The City of Port Orange established one of the first permitted Gopher Tortoise Long-Term Recipient Sites in the State of Florida. As a requirement of the permit, annual reporting and maintenance activities need to be conducted. CPH, Inc. has been handling these services for the City for over two decades through its continuing services contract for Professional Engineering Services (RFSQ #23-18). This Task Authorization is executed annually to continue the required annual monitoring and related field work for compliance with the Florida Fish & Wildlife Conservation (FWC) Commission permit. The Gopher Tortoise Long-Term Recipient Sites are located west of the reclaimed reservoirs in the City wellfield. Currently, the Gopher Tortoise Recipient bank has numerous reservation commitments for some 30 projects within the service area, i.e., Florida Department of Transportation, Florida Power & Light, and the Woodhaven development along South Williamson Boulevard. CPH and their Principal Environmental Scientist, Amy Daly, with the firm have been a key part of the success of the site. Amy Daly is the Authorized Gopher Tortoise Agent named on the City Permit and performs work of a specified nature. The Permit, issued by the Florida Fish & Wildlife Conservation Commission authorizes the City, through the designated Gopher Tortoise Agent, to conduct the specified activities in association with the relocation of gopher tortoises, subject to applicable rules and provisions set forth in the FWC Permit #GTLR-09-0009C. CPH has successfully completed all annual inspections with FWC agents and submitted all previous, approved triennial reports. The site has received over 1,100 gopher tortoises for protection from development sites within the permitted service area. The City has received net revenue in excess of $500,000 working with CPH, Inc., a state-wide firm, and the Authorized Gopher Tortoise Agent on the Florida Fish & Wildlife Conservation Commission Permit. CPH has submitted a proposal for $84,165.00 to provide the services required by the Florida Fish and Wildlife Conservation Commission for the Gopher Tortoise Long-Term Recipient Site. These services include the following for all active phases: removal and disposal of silt fence, installation of new silt fence, mortality report, two site inspections and meetings with the Florida Fish & Wildlife Conservation Commission. | attachments=1 | reports=1

The Florida League of Cities’ Annual Conference will be held in Orlando, Florida, on August 14-16, 2025. This conference will provide educational opportunities to help Florida’s municipal officials serve their citizenry more effectively. The League's By-Laws require each municipality to designate one official to be the voting delegate to cast their vote at the Annual Business Session. The election of League leadership and the adoption of resolutions are undertaken during the business meeting. In accordance with the League’s By-Laws, each municipality’s vote is determined by population, and the League will use the Estimates of Population from the University of Florida. Councilman Shawn Goepfert will be attending the conference and has volunteered to serve in this capacity. | attachments=1 | reports=1

This item is the third quarter of the fiscal year budget review covering the period from April 1 to June 30, 2025. Staff performed a review covering the revenue and expenditure figures through the third quarter to compare the current amounts with the amount budgeted. In addition, a review of departmental operating needs was performed to see if adjustments were warranted. Staff requests the Council amend the Fiscal Year 2024-2025 budget by revising the budget in total pursuant to itemization contained in Exhibit "A" of the Resolution. Notable items in the budget amendments include: Purchase of Bristol Riverwalk Outparcels Recognize FEMA Revenue for Riverwalk Pier Repair Appropriate Building Fund Balance for temporary help needed to assist with migrating data out of the Naviline Software for the Tyler conversion Appropriate local grant revenue in the General Capital Replacement Fund from FIND, ECHO, and Rec & Racing for Floating Docks and Children's Park Playground Appropriate Fund Balance for the East Master Lift Station Maintenance project Total of $1,200,000 will be returned to the Stormwater Fund Balance for projects that were not identified in the Stormwater Master Plan or have been identified but have been moved to out years pending future funding availability. | attachments=1 | reports=1

This item is for City Council approval to authorize the City Manager to enter into agreements with Volusia County for the potential acceptance of properties acquired through the County’s U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Disaster Recovery (CDBG-DR) Replacement Housing Program and Homeowner Recovery Buyout Program. The voluntary Homeowner Recovery Buyout Program is a component of Volusia County’s HUD-funded disaster recovery initiative under the Transform386 CDBG-DR framework, developed in response to the impacts of Hurricane Milton. Approximately $20 million has been allocated countywide to acquire homes located in areas subject to repeated or severe flooding. The application processing and property eligibility determination for the Homeowner Recovery Buyout Program will be managed by Volusia County's Transform386 staff. Per Volusia County Staff, City Council approval of this resolution is required for Port Orange property owners to be eligible for participation in the buyout program and the City's willingness to partner with the program and provide authority for the City Manager to approve or decline taking ownership of properties. Without this approval, Transform386 staff cannot offer the buyout option to Port Orange residents, and any applications submitted by property owners within the City would not be accepted or processed. If the resolution is approved and eligible properties are identified in Port Orange, the City will be provided with a list of those properties prior to acquisition. At that time, the City will have the opportunity to review the list and determine whether to accept all, some, or none of the properties. If the City agrees to accept a property, Volusia County staff will purchase the property from the homeowner, demolish any existing structures, place a permanent deed restriction prohibiting future residential or commercial development, and then transfer ownership of the property to the City. The properties acquired through the buyout program must be preserved for flood mitigation and environmental purposes, such as stormwater retention areas, wetlands, or public green space. The only cost to the City of Port Orange would be the ongoing maintenance of the property and the loss of future property tax revenue. | attachments=1 | reports=1

Planning Commission Action (6/26/25): Recommended Approval 6-0 Current state legislation regulating home-based businesses (House Bill 403, amending Section 559.955, Florida Statutes) significantly limits the authority of local governments to regulate home-based businesses. HB 403 requires municipalities to permit home-based businesses in residential zoning districts and prohibits local regulations that treat them differently from other businesses within the same jurisdiction. The City’s current home-based business regulations in the Land Development Code (LDC) are no longer enforceable due to the preemptive nature of HB 403. Staff is proposing to amend the City’s LDC to align with the requirements of Section 559.955, Florida Statutes, similar to other municipalities across Florida. The proposed text amendment ensures legal compliance and provides clarity to residents and businesses regarding home-based business operations. Prior to HB 403, the City permitted home-based businesses in all residential zoning districts under certain restrictions. Any business not meeting these requirements was not permitted as a home-based business. These restrictions included: A prohibition on outside employees. A ban on specific business types (e.g., beauty/barber shops, vehicle or boat repair, photography studios). Signage limitations. Prohibition of outdoor storage related to the business; and Limits on the portion of the dwelling used for business purposes. Under state law, local governments must allow home-based businesses to operate in residentially zoned areas and may not impose regulations or licensing requirements that differ from those applied to other businesses within the jurisdiction. However, municipalities retain the authority to: Require the submittal of a home-based business application. Limit on-premises employees who reside off-site to no more than two. Regulate the parking and storage of trucks, trailers, or heavy equipment in the same manner as any other trucks, trailers, or heavy equipment parked or stored on residential property without a home-based business. Prohibit businesses that generate traffic levels higher than typical residential use. Ensure the property maintains a residential appearance and character. Prohibit operations within accessory structures. Regulate signage and business activities that produce excessive noise, vibration, smoke, odors, glare, or other disturbances inconsistent with residential neighborhoods. Regulate the use and storage of hazardous materials. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Action (6/26/25): Recommended Approval 6-0 The proposed amendment is part of an ongoing effort to improve and update the Land Development Code (LDC). It is specifically intended to support the City's development and redevelopment goals citywide, particularly within the Port Orange Town Center Community Redevelopment Area (CRA) and the Eastport Business Center CRA. The amendment would allow developers of targeted businesses to request assistance, through an Economic Incentive Agreement (EIA), with fees or mitigation costs required by external County or State review agencies related to site preparation. These may include expenses such as permit or application fees, tree mitigation payments, gopher tortoise mitigation contributions, or relocation costs. This amendment does not change the existing EIA request process. All EIA requests will still require review by the City Council, which retains full discretion to approve or deny agreements for any business, including targeted businesses. Over the last several years, staff have prepared amendments to the LDC to support the City's redevelopment efforts. Those amendments included adding uses such as "Brewery" and "Farmers Market," incentives for the redevelopment of targeted businesses, establishing site development standards for the redevelopment of infill commercial properties, alternative signage options, and entertainment districts (Riverwalk and Down Under), and extending the time period after a Certificate of Occupancy is issued to request a refund of building permit and site development fees. As with the past amendments to support the City’s development and redevelopment efforts, the proposed amendment is intended to support the expansion of existing targeted businesses and encourage the development of new targeted businesses, specifically within the Port Orange Town Center Community Redevelopment Area (CRA) and Eastport Business Center CRA. The Staff Report is attached for more information. | attachments=3 | reports=1

Staff will provide an overview of the following Fiscal Year 2025–2026 items; operating funds, capital outlay, and capital improvement programs. Per Florida Statute Section 200.065, the City Council must hold two public hearings as part of the Truth in Millage (TRIM) process. The first public hearing is scheduled for Wednesday, September 3, 2025, and the second and final hearing to adopt the City-wide Budget is scheduled for Wednesday, September 17, 2025. Both hearings will begin at 5:30 p.m. in City Council Chambers at City Hall, 1000 City Center Circle, Port Orange, Florida. | attachments=1 | reports=1

This is a request for the City Council to establish the tentative maximum fiscal year FY 2025-26 millage rate and schedule the public hearings for the FY 2025-26 Proposed Budget. The maximum millage and budget hearing dates are required public notifications under the Florida Truth in Millage (TRIM) statutes. The property appraiser will use the maximum millage rate voted on during this meeting in the Notice of Proposed Property Taxes and mail it to all property owners in August. The City Council may reduce the tentative millage rate below the maximum millage rate. However, the City Council cannot increase the tentative millage rate above the maximum millage rate without another public notification to all City property owners. For practical purposes, the rate approved at this meeting will establish the maximum property tax millage rate for the next fiscal year. The current year's operating millage rate is 4.9750 per $1,000 assessed taxable value; the current year's total taxable value for operating purposes is $5,857,514,423 as certified by the Volusia County Property Appraiser. The current year's rolled-back millage rate is 4.7657 per $1,000 assessed value. If the current millage rate of 4.9750 per $1,000 were assessed, this would be an increase of 4.39% above the rolled back millage rate. Per Florida Statutes and the Truth in Millage (TRIM) Timetable, staff must recommend certain dates for the required public hearings. The recommended dates and times are as follows: 1. Tentative Hearing - Wednesday, September 3, at 5:30 p.m. 2. Final Hearing - Wednesday, September 17, at 5:30 p.m. | attachments=1 | reports=1