Port Orange City Council (Regular) — September 16, 2025: contracts approved, union agreements ratified, tree easement tabled

attachments=1

attachments=1

The City has an ongoing services contract for new fences and repair and replacement. This contract is available to all City departments. The current contract with AAA Fence expires in November. Staff solicited bids for a new contract earlier in 2025 and got one responsive bid from Sterling Enterprises, LLC d/b/a Perimeter Solutions Group. Their pricing is similar to the prior contract with AAA Fence which did not respond to the current solicitation. The proposed contract with Sterling will be for two years, with the option for up to three one-year renewals. Authorized services will be issued through Purchase Orders based on approved budgets for the department requesting services. In addition, staff is requesting Council to give the City Manager authority to approve future rate adjustments pursuant to the provisions in ITB #25-15. | attachments=9 | reports=1

The Adult Center sustained roof damage during Hurricane Ian. The damage consisted of lost shingles and water intrusion. After inspections by staff and FEMA representatives, it was determined that the roof required replacement. FEMA has approved funding for a portion of the replacement. Advanced Roofing, under a continuing services contract with the City, has been selected to complete the work. Staff requests approval of Task Authorization #9 for the amount not to exceed $51,110. The exact amount of FEMA reimbursement funding has not yet been determined. The current project budget will cover any difference between the FEMA reimbursement and the total cost. | attachments=4 | reports=1

Ohlson Lavoie Corporation has provided a quote for design services for Depot Park Renovations under their current continuing services contract. The design work will be for Bond Project 4 - Depot Park Renovations. Design and construction is expected to take 24 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 is not to exceed $348,000. The scope of work will include a community meeting to get input from the neighborhood and other stakeholders. The project involves renovating the existing Train Depot to be transformed into an event place and museum, adding a ticketing/concession and restroom building, parking, and a play structure. | attachments=4 | reports=1

Staff is requesting Council approval of Change Order No. 1 to 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, the roof, drains, flashing, sealant and exterior cladding. The initial work was awarded by the Council on June 1, 2025. However, once remediation started, the contractor found additional deficiencies in the building, causing leakage. Many of these deficiencies can be attributed to the construction issues with the contractor during the REC remodel and expansion project. The department is requesting an additional $101,000 to remove the storefront windows, install them correctly and then patch the stucco and paint, as well as repairs to the roof membrane where it is failing. Funding for this work will come from the Recreation Facilities fund (106) and will be supplemented with existing funds in the FY 25 budget. Change Order No. 1 to Task Authorization No. 2 will bring the total price for REC repairs to not exceed $199,000.00. | attachments=5 | reports=1

Staff is requesting Council approval of Task Authorization No. 4 with Paul Culver Construction, Inc. to furnish and install a steel pavilion at the City Center Sports Complex. Two (2) quotes were received from general contractors as required in the General Contracting Services for Small Projects dated March 5, 2024 (CA8361). Paul Culver was the lowest quote of the two received. The Task Authorization is not to exceed $100,000.00. The duration of the project will be 150 days from the notice to proceed. An ECHO grant in the amount of $80,000 was received for a portion of this project. The remaining funding is available in the current budget. | attachments=5 | reports=1

At the November 19, 2024, City Council meeting, the City approved the purchase of 3855, 3921, and 3925 Ridgewood Avenue, located on the east side of Ridgewood Avenue between Herbert Street and Dunlawton Avenue, within the Port Orange Town Center (POTC) CRA. In February of this year, the City completed the acquisition of these properties with the intent to demolish the existing structures and consolidate the parcels with adjacent City-owned land. The acquisition of the outparcels creates a more uniform, developable site in furtherance of the City’s vision of a transformative waterfront mixed-use project that advances the goals, policies, and objectives of both the City and the CRA. The demolition of the commercial structures is in preparation of marketing the overall 11 ± acre site for future redevelopment. Quotes for the demolition and clearing of the structures on the three properties were solicited from the following vendors: Down to Earth Trucking, Inc. - $58,435.50 PSG Concrete & Excavation - $60,924.83 Drewry Site Development, LLC - Non-Responsive After reviewing the responses, staff recommends awarding the contract to Down To Earth Trucking Inc. to complete the demolition and clearing work. The project will commence once the necessary demolition permits are issued. | attachments=6 | reports=1

The Home Depot, located at 1551 Dunlawton Avenue, has requested a Minor Special Event Permit for its annual Christmas tree sale event. Minor Special Events are approved administratively by staff. However, City Council approval is required for the additional days requested for set-up and take-down. The requested timeframe for set-up and take-down (tent installation and removal, temporary electrical connections, tree and decoration set-up, and site clean-up) for this Special Event exceeds the three-day limit allowed by the Code of Ordinances before and after an event. In accordance with Chapter 58, Article III, Special Events, Section 58-53(h) of the Code of Ordinances, City Council may approve an extended timeframe for event set-up and take-down that exceeds three days before and after a Special Event. The Code of Ordinances states that Special Events associated with a legal holiday or seasonal event, such as spring landscaping, Christmas tree sales, Halloween pumpkin sales, or fireworks sales, shall not exceed forty (40) consecutive calendar days. In addition, Special Events are limited to three (3) days prior to the event for set-up and three (3) days after the event for take-down. The Home Depot Christmas Tree Special Event will run from Saturday, November 15, 2025 through Wednesday, December 24, 2025 (39 days), with daily hours of operation from 8:00 AM to 9:00 PM. Tent and sales area set-up is proposed to begin on Friday, October 24, 2025, and be completed by Thursday, November 14, 2025 (21 days). Take-down is proposed to be completed by Friday, January 2, 2026 (9 days). As a condition of the Special Event permit, in the event of an approaching hurricane or tropical storm, the tent must be dismantled and all merchandise secured. According to Home Depot, the request for up to 21 days prior to the Special Event for set-up and 9 days after for take-down and clean-up is based on operational logistics, including tent and electrical installation and inspection, the set-up of trees, Home Depot’s internal procedures for preparing and closing the site for sales, and scheduling take down of the tent. The Special Event area will be located on the south side of the Home Depot Garden Center, as it has been in prior years. The proposed setup will not impact any drive aisles within the site or access to the store and will generally be screened from Dunlawton Avenue. The proposed event has been reviewed by staff from Police, Fire, Public Works, Parks and Recreation, Code Enforcement, and Community Development. The applicant is not requesting additional City resources. Location map of Home Depot's Christmas tree sales tent | reports=1

The Lowe’s, located at 1751 Dunlawton Avenue, has requested a Minor Special Event Permit for its annual Christmas tree sale event. Minor Special Events are approved administratively by staff. However, City Council approval is required for the additional days requested for set-up and take-down. The requested timeframe for set-up and take-down (tent installation and removal, temporary electrical connections, tree and decoration set-up, and site clean-up) for this Special Event exceeds the three-day limit allowed by the Code of Ordinances before and after an event. In accordance with Chapter 58, Article III, Special Events, Section 58-53(h) of the Code of Ordinances, City Council may approve an extended timeframe for event set-up and take-down that exceeds three days before and after a Special Event. The Code of Ordinances states that Special Events associated with a legal holiday or seasonal event, such as spring landscaping, Christmas tree sales, Halloween pumpkin sales, or fireworks sales, shall not exceed forty (40) consecutive calendar days and limited to three (3) days prior to the event for set-up and three (3) days after the event for take-down. The Lowe’s Christmas tree sales event will run from Saturday, November 15, 2025 through Wednesday, December 24, 2025 (39 days), with daily hours of operation from 8:00 AM to 9:00 PM. Tent and sales area set-up is proposed to begin on Friday, October 24, 2025, and be completed by Thursday, November 14, 2025 (21 days). Take-down is proposed to be completed by Friday, January 2, 2026 (9 days). As a condition of the Special Event permit, in the event of an approaching hurricane or tropical storm, the tent must be dismantled and all merchandise secured. According to Lowe’s, the request for up to 21 days prior to the Special Event for set-up and 9 days after for take-down and clean-up is based on operational logistics, including tent and electrical installation and inspection, the set-up of trees, Lowe’s internal procedures for preparing and closing the site for sales, and scheduling take down of the tent. The Special Event area will be located in the parking area in front of the Lowe’s Garden Center. The proposed setup will not impact any of the major drive aisles within the site or access to the store and will generally be screened from Dunlawton Avenue and Yorktowne Boulevard. The proposed event has been reviewed by staff from Police, Fire, Public Works, Parks and Recreation, Code Enforcement, and Community Development. The applicant is not requesting additional City resources. Location map of Lowe's Christmas tree sales tent | reports=1

The City and the National Association of Government Employees (NAGE) have negotiated a three-year Collective Bargaining Agreement covering Fiscal Year 2025/2026 - Fiscal Year 2028/2029. On September 9, 2025, the City received notification that the NAGE members voted in favor of this agreement. In order to ratify this agreement, the City Council must also vote in favor of the proposed changes. Staff has attached a summary of the major changes to the contract. | attachments=2 | reports=1

The City and the International Association of Firefighters (IAFF) have negotiated a three-year Collective Bargaining Agreement covering Fiscal Year 2025/2026 - Fiscal Year 2028/2029. On September 5, 2025, the City received notification that the IAFF members voted in favor of this agreement. In order to ratify this agreement, the City Council must also vote in favor of the proposed changes. Staff has attached a summary of the major changes to the contract. | attachments=2 | reports=1

This Memorandum of Understanding (MOU) amends Article 16.1 of the International Union of Police Associations (IUPA) Local 6051 Collective Bargaining Agreement to add an additional holiday (the day after Christmas) to the existing holiday schedule. This adjustment aligns the IUPA holiday schedule with the recently approved National Association of Government Employees (NAGE) and International Association of Firefighters (IAFF) agreements, and will also be provided to PBA Lts. and civil service staff. | attachments=1 | reports=1

This Memorandum of Understanding (MOU) amends Article 15 of the Coastal Florida Police Benevolent Association Lieutenants (PBA LTs) Collective Bargaining Agreement to add an additional holiday (the day after Christmas) to the existing holiday schedule. This adjustment aligns the PBA LTs holiday schedule with the recently approved National Association of Government Employees (NAGE) and International Association of Firefighters (IAFF) agreements, and will also be provided to IUPA and civil service staff. | attachments=1 | reports=1

The City’s Civil Service Rules and Regulations (Chapter 5.11) allow employees who separate from the City for less than one year to have their prior service reinstated once they have returned and completed at least two years of employment. Ms. Suzette Cameron was employed in Community Development from December 2020 until February 2023, for a total of about 2 years, left for approximately 6 months, and has now been back for more than two years (rehired on September 11, 2023). Ms. Katie Sawicki is currently employed in the Fire Department. She originally began her service in February 2018, left in February 2019 following 1 year of service, was gone for approximately 4 months, and returned in June 2019. She has also been back for more than the minimum required two years (rehired on June 19, 2019). Both employees are in good standing and meet the requirements for reinstatement. Approval of this request will restore their original hire dates and allow prior service to count toward their total years of service. | reports=1

The Community Development Department has received a request to release a portion of a recorded Tree Conservation Easement for the property located at 4629 Clyde Morris Boulevard. In 2001, as part of the site plan for the former Ritters, a Tree Conservation Easement was recorded that established three conservation areas on the property. The graphic below identifies the locations of these areas. The applicant is requesting the partial release to remove two of the conservation areas (shaded in purple) while retaining one area (shaded in green). According to the property owner, Saljinin, LLC, who operates the Frozen Gold business on the site, the request is to release approximately 0.25 acres of conservation easements from the 1.97-acre property to allow for future expansion of the existing business. According to the tree survey submitted with the application, the 1.97-acre site contains 25 specimen trees, exceeding the Land Development Code (LDC) requirement of 8 specimen trees. Of the two areas requested to be released from the existing Tree Conservation Easement, one area contains no specimen trees, and the other area contains two specimen trees. Approval of the partial release of the Tree Conservation Easement does not authorize the removal of any trees on the property. Prior to removing any trees on the property, the property owner must obtain a tree removal permit, which is administratively approved by City staff. The property owner/applicant has requested this partial release of the Tree Conservation Easement as part of ongoing coordination with City staff regarding possible future site improvements to facilitate business expansion on the site within the areas to be removed from the Tree Conservation Easement. The application, including sketches and legal descriptions for the two areas proposed for release, has been reviewed for completeness and accuracy. All relevant City Departments have reviewed the request and the supporting documents, and do not have any comments regarding the request. | attachments=2 | reports=1

The County has reached out to all the cities to garner support for recent action taken by County Council to seek a legislative amendment to SB 180. As you may recall from this year's legislative update, SB 180 recently became law and contains some significant preemptions for local governments (including Port Orange). I’ve attached the County Attorney’s PPT as an overview of those preemptions. Faced by the newly adopted SB 180, and specifically due to the retroactive nature of the bill, the County Council was forced to repeal its recently adopted changes to its stormwater regulations in order to comply with the new law. Rather than bring legal challenge against SB 180, as was the course chosen by some of the other cities in Volusia County, the County Council has elected to pursue an amendment to the bill via lobbying efforts in Tallahassee. The amendment sought (also spelled out in the attached PPT) will limit SB 180’s impact to only those properties that have been damaged by hurricanes, rather than imposing a broad blanket ban on all local action containing more restrictive or burdensome land use regulations. I've attached a draft letter of support for your consideration. | attachments=2 | reports=1

At its quarterly meeting on August 18, 2025, the Police Officers’ Pension Board reappointed Lt. Warren Carman as its fifth member trustee for a four-year term (expiring October 1, 2029). Section 54-134(a) of the Port Orange Code of Ordinances [also reference Section 185.05(1)(a) of Florida Statutes] provides for membership of the board of trustees for police pension plans. As a local law pension plan, the Board of Trustees for the Port Orange Police Officers’ Pension Board consists of five trustees appointed as follows: • Two legal residents of the municipality who shall be appointed by the City Council; • Two full-time police officers who shall be elected by a majority of the active police officers who are members of such plan; and • A fifth member chosen by a majority of the previous four trustees and submitted to the City Council which shall, as a ministerial duty, appoint such person to the board of trustees as its fifth member. Each appointed or elected member serves as a trustee for a four-year term. This appointment is for formal consideration and reappointment as a ministerial duty. | attachments=1 | reports=1