Port Orange City Council adopts ordinances, awards utility contracts, and approves staff pay increases

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The Garnsey Water Treatment Plant (WTP) has three (3) existing 40-foot tall lime silos which have dust collectors mounted to the top of them. The Silos provide a safe, dry, and controlled environment to store the large quantities of lime needed in the lime softening process. The dust collectors are a critical component in the operation of the lime silos, controlling airborne lime dust, protecting worker health, and preventing equipment damage. The silos need structural repairs to the access ladders and replacement of the mechanical dust collection equipment installed on top of each silo. This project will include the removal and disposal of the existing dust collectors, installation of mounting flanges to existing silos, installation of new dust collectors to the new mounting flanges, painting of the new mounting flanges and dust collectors, and repairs to the external access ladders. On September 18, 2025, the Purchasing Division received two (2) sealed bids. Proposals were received from McMahan Construction Company, Inc. ($747,000) and Razorback LLC ($1,170,366). McMahan Construction Company, Inc. was deemed the lowest and best responsive bidder. Staff is in agreement to move forward with awarding to McMahan Construction Company, Inc. This project was approved and funded under the FY25-FY30 Capital Improvement Program. | attachments=11 | reports=1

The Engineering Department is requesting approval of Task Authorization (TA) No. 27 with Kimley-Horn & Associates, Inc. under the Master Contract for Professional Engineering Services (CA7763) as it relates to the Garnsey Water Treatment Facility Lime Silos Improvements Construction Phase Services. The Garnsey Water Treatment Facility has three (3) existing lime silos with dust collectors. These dust collectors have been failing and need to be replaced. This project was bid under ITB #25-16 and is anticipated to be awarded to McMahan Construction Company, Inc. Kimley-Horn, Inc. is the Engineer of Record for the Garnsey Water Treatment Plant Lime Silos Improvement Project and will be providing the construction phase services with this TA. This TA will run concurrent with the construction contract with McMahan Construction Company, Inc. with additional time after construction to allow for closeout items. | attachments=5 | reports=1

The Leisure Circle gravity sewer collection system was constructed in the late 1970s and a section of it is sinking and needs to be replaced. The City has attempted multiple times to make repairs to the system by lining the pipes leading to and from the sinking manhole and lining the manhole itself. Since the trenchless methods of repairing the system have not worked, a section of the system must be removed and replaced. The project includes the replacement of three (3) sanitary manholes and approximately 600 LF of 10-inch gravity sewer main on Leisure Circle. The new sanitary sewer piping crosses two existing stormwater pipes along the route, which will be replaced by this project. The project also includes roadway repair and replacement within the limits of work. This project was approved and funded under the FY25-30 Capital Improvement Program. On September 16, 2025, the Purchasing Division received seven (7) sealed bid submittals; one was deemed non-responsive. All State Civil Construction, Inc. $462,700 GPS Civil Construction, Inc. $555,100 Hazen Construction, LLC $578,750 Masci General Construction, Inc. $586,679 Sanpik, Inc. $588,355 Universal Contracting & Construction, Inc Non-responsive US Water Services Corp. $748,798 All State Civil Construction, Inc. was deemed the lowest and best responsive bidder. | attachments=13 | reports=1

Parks & Recreation Department staff is requesting approval of Task Authorization No. 10 with Advance Roofing, Inc. under the Master Contract for Roofing Services (CA7981) as it relates to the roof replacement for the cart barn at the Cypress Head Golf Course. The cart barn roof is original and has reached the end of its useful life. It is no longer providing adequate protection for the carts and chargers. Inspections have identified issues including leaks, deteriorated shingles, water damage, and compromised structural integrity in several areas. Routine maintenance and repairs are no longer effective or cost-efficient in addressing these recurring problems. Funding is available in the current fiscal year budget. | attachments=4 | reports=1

The City Council has authorized the City Attorney to engage special legal counsel when the circumstances of a particular case or matter warrant. The attached report lists the firms engaged by the City Attorney to represent the City of Port Orange on an ad hoc basis as determined by the City Attorney for FY 2026. | attachments=1 | reports=1

The City recently secured approximately $30 million in funding from the voter-approved Parks Bond. These funds will be used over several years as the City plans and completes various parks projects. During that time, it is standard practice to invest the bond proceeds. The proposed resolution authorizes the City to enter into an Interlocal Agreement to invest funds in an intergovernmental investment pool known as the Florida Short Term Asset Reserve (FLSTAR). FLSTAR is designed specifically for Florida governmental entities and offers preservation of principal, daily liquidity, and competitive yield. It is managed by Hilltop Securities and J.P. Morgan Asset Management, both nationally recognized firms with extensive experience in government investment pool management. In addition, the proposed resolution designates certain authorized representatives to execute an application to join FLSTAR, and any other documents required to become a participant; deposit money to and withdraw money from the City’s FLSTAR account in accordance with the Interlocal Agreement and the Information Statement; to agree to the terms for the use of the website for online transactions; and take all other actions deemed necessary or appropriate for the investment of funds of the City; and authorizes the City Manager or designee to execute the Additional Party Agreement. Staff recommends investing the bond proceeds in a Local Government Investment Pool (LGIP), which provides several benefits: 1) Efficient Recordkeeping and Compliance – Investing through an LGIP simplifies recordkeeping and helps ensure compliance with federal arbitrage requirements. 2) Arbitrage Reporting – Tax-exempt bond issuers must track the difference between investment earnings and the cost of borrowing (known as “arbitrage”). The required arbitrage reporting agreement will be administratively approved by the City Manager. 3) Diversification and Consistency with Policy – The City currently invests the fund balance from the general, enterprise, and other funds, including water/sewer, stormwater, solid waste, building, etc. in two LGIPs: Florida Prime and Florida Palm. Utilizing FLSTAR for the Parks Bond proceeds will diversify these investments and aligns with the City’s adopted Investment Policy. | attachments=3 | reports=1

Maria Mills-Benat and Scott Steger currently serve on the Planning Commission and are up for re-appointment consideration. Ms. Mills-Benat and Mr. Steger have both indicated they would like to continue serving on the Commission. The term is for two-years and will expire in 2027. There are currently three total vacancies but no other qualified applications have been received by the City Clerk's Office. | reports=1

The City has multiple defined contribution plans that have been adopted by resolution of City Council. The plans are governed by the corresponding plan adoption agreements. In order to avoid conflict between the plan adoption agreements and the Code of Ordinances, the proposed ordinance amendment will remove any defined contribution plan language in favor of simply citing to the various plan adoption agreements approved by City Council. This will also eliminate the need for multiple amendments to plan documents and the Code each time a plan is amended. First reading occurred on January 21, 2025. | attachments=2 | reports=1

Update: At the October 21 meeting, Council voted to modify the text amendment updating the width requirement for a finger pier in a commercial marina to a maximum width of six (6) feet instead of the initially proposed four (4) feet. The attached ordinance has been revised accordingly. Planning Commission Action (9/25/25): Recommended Approval (5-0) The proposed administrative amendments to the Land Development Code (LDC) are intended to update the Code and enhance its clarity, consistency, and overall effectiveness (Case No. DCAM-25-0004). As part of this ongoing maintenance effort, the proposed amendments include updates to outdated code requirements, clarifications, and minor cleanup items designed to streamline the development review process for residential docks and boathouses, as well as dock width for commercial marinas. These amendments address issues identified during the application of the LDC, correct inconsistencies, and ensure consistency with Florida Department of Environmental Protection (FDEP) adopted regulations for residential docks. Updates to the Width and Area Requirements for a Residential Terminal Dock Platform The LDC currently limits a residential terminal dock platform to a maximum width of eight (8) feet and a maximum total area of 160 square feet. A residential terminal dock platform is a platform constructed over the water at the end of a pier and used for mooring boats, jet skis, or kayaks, loading and unloading passengers or gear, preparing equipment before heading out on the water, and fishing. During the review of a variance request in 2024 by the Planning Commission, staff noted that the City’s requirements for a residential terminal dock platform have not been updated in over 30 years. The Planning Commission approved the variance and requested that staff further evaluate the existing code requirements to determine if an update to the width and area requirements for a residential terminal dock platform was warranted. After reviewing requirements adopted by other municipalities in Volusia County, such as Ormond Beach, Daytona Beach, and Ponce Inlet, staff found that the Port Orange requirement for a terminal dock platform was outdated and could be revised due to larger boat sizes, installation of boat lifts, and to provide more functional space to maneuver around the platform safely. Other Volusia County municipalities and the Florida Department of Environmental Protection (FDEP) permit residential terminal dock platforms to range from 180 square feet to 1,000 square feet, with no restriction on width. The proposed amendment would remove the eight-foot width requirement and increase the maximum terminal dock platform area requirement from 160 square feet to 500 square feet. Photo of a Residential Terminal Dock Platform Update to the Height Requirement for a Residential Boathouse The LDC currently limits the maximum height of a boathouse at 12 feet above the water level at the mean high-water line. During the review of a variance request in 2024 by the Planning Commission, staff noted that the City height requirement for a residential boathouse had not been updated in over 30 years. The Planning Commission approved the variance request and requested that staff further evaluate the existing height requirement to determine if an update for a residential boathouse was warranted. After reviewing requirements adopted by other municipalities in Volusia County, such as Ormond Beach, Daytona Beach, and Ponce Inlet, staff found that the Port Orange height requirement for a boathouse appears outdated and could be revised due to the use of modern boat lifts, boat equipment/features, increases in boat size (height), and to respond to rising tides and water levels, which are expected to continue increasing in the future. Other Volusia County municipalities, such as Ormond Beach, Daytona Beach, and Ponce Inlet, allow a maximum boathouse height ranging from 15 feet to 18 feet above the water level at the mean high-water line. The proposed amendment would increase the maximum height for a boathouse from 12 feet to 18 feet to accommodate larger boats, utilize boat lifts, boat equipment/features, and respond to rising tides and water levels, which are expected to continue increasing in the future. Photo of a Residential Boathouse Update to the Residential Dock Setback Requirement The LDC currently provides the setback requirement for a residential dock on a lot with a shoreline length of 65 feet or more. However, for a lot with less than 65 feet of shoreline, no setback requirement is provided in the LDC. For the past 20 years, City staff have consistently applied the FDEP setback requirement to lots with less than 65 feet of shoreline, requiring the dock to be centered between property lines. The proposed amendment adds a setback requirement for a dock on a lot with less than 65 feet of shoreline, to be centered between the property lines, aligning with the City's requirement with current FDEP guidelines, as well as past city practice. Additionally, as allowed by the current FDEP guidelines, the amendment provides requirements in the LDC for two adjacent single-family parcels, regardless of the shoreline length for the properties, to share a dock, subject to a setback waiver granted by the affected adjacent property owner. Update to Finger Pier Width Requirement for a Commercial Marina The LDC currently limits the width of a finger pier in a commercial marina to a maximum width of three (3) feet. During the review of the LDC for the proposed amendment, staff identified that the City’s width requirement for a finger pier for a commercial marina has not been updated in more than 30 years. The proposed amendment would increase the maximum width to six (6) feet and is intended to improve safety for boaters as a wider pier provides more space for boaters to board and exit their vessels safely and meets ADA accessibility standards for public accommodations. As part of the permitting for the Riverwalk Day Dock, outside permitting agencies required that the finger piers extending from the main pier be a minimum of four (4) feet wide. This amendment would formally establish the maximum width of a finger pier at six (6) feet. While no marina projects are currently under review or under construction, the two approved marinas within the Catfish Commons PCD, future marina development in Riverwalk, or additional day docks in Riverwalk or Down Under would benefit from this amendment, as it establishes a finger pier width requirement consistent with current industry standards. The Staff Report is attached for more information. | attachments=4 | reports=1