Port Orange City Council approves consent agenda including FDOT turn‑lane agreement and hazard mitigation acquisition; okays two historic tree removals

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In early 2018, the City initiated a formal solicitation for a restauranteur to operate the restaurant located at the Cypress Head Golf Course Clubhouse. The successful proposal was that of local restauranteur Kevin Hannah. The City and Mr. Hannah (dba Flagsticks at Cypress Head) entered into a lease agreement on March 2, 2018 for a 5 year term (through 2023) with 2 additional 5-year renewals available. In 2023, Mr. Hannah negotiated a sale to Mr. Springer who offered to take over the operation of the restaurant at Cypress Head and who displayed significant experience in the restaurant industry. The City approved a new Lease with Mr. Springer (dba Flagstick Bar & Grill, Inc.) on March 9, 2023 for a term of 5 years (through 2028) with one additional 5-year renewal available. On January 7, 2026, Mr. Springer sent the Parks & Recreation department notice that he was interested in stepping down from the Cypress Head restaurant and focusing on other ventures. Mr. Hannah (dba Flagsticks at Cypress Head), is willing to return and operate the restaurant and by executing the attached assignment will step into the place of Mr. Springer to finish the unexpired term of the lease through March 8, 2028 – at which point the City will have the opportunity to extend the lease for a final 5 year extension term or go-back-out to solicitation. | attachments=2 | reports=1

The Clyde Morris Boulevard turn lane project, associated with Florida Department of Transportation (FDOT) LAP Agreement 477833-1-38-01, includes the design of four (4) new turn lanes and one (1) extension to an existing turn lane at the intersections of Clyde Morris Boulevard with Reed Canal Road, Madeline Avenue, and Willow Run Boulevard, along with associated pedestrian improvements. These improvements are anticipated to increase roadway capacity by removing turning vehicles from the through lanes, thereby improving intersection efficiency and safety. On September 18, 2024, as part of the FY 25 Capital Improvements Program (CIP), the City Council approved the budget for the design of these Clyde Morris Boulevard Turn Lanes, identified as Port Orange Project CD205. This Port Orange project is currently in the FDOT’s Adopted Five-Year Work Program. For this project, the City solicited qualifications from engineering firms to select a design consultant to prepare the design plans and obtain permits for these turn lanes. A contract with the highest ranked firm, Hale Surratt Engineers, LLC, for this work is under negotiation and will be on a future agenda. The general location and scope of the five (5) turn lane projects are described and shown below. Design to extend the southbound left-turn lane on Clyde Morris Boulevard at the intersection with Reed Canal Road within the existing right-of-way. Design of a new northbound right-turn lane on Clyde Morris Boulevard at the intersection with Reed Canal Road. Once the design is substantially complete, a right-of-way acquisition phase may be required. Design of a new southbound right-turn lane on Clyde Morris Boulevard at the intersection with Madeline Avenue. Once the design is substantially complete, a right-of-way acquisition phase may be required. Design of a new northbound right-turn lane on Clyde Morris Boulevard at the intersection with Madeline Avenue. Once the design is substantially complete, a right-of-way acquisition phase may be required. Design of a new southbound right-turn lane on Clyde Morris Boulevard at the intersection with Willow Run Boulevard. Once the design is substantially complete, a right-of-way acquisition phase may be required. Location Map of the five (5) turn lane projects on Clyde Morris Boulevard According to the FDOT LAP Agreement, FDOT will fund $251,775 of the design costs, and the City will fund $123,945 for a total cost of $375,720. Funds are budgeted and available in Project CD205 for this purpose. It is anticipated that design will begin in Spring 2026 and will be completed by Fall 2027. FDOT has scheduled the construction of these turn lane projects for 2030. | attachments=2 | reports=1

This item is for City Council approval to authorize the City Manager to enter into a Notice of Intent and associated agreements with the Florida Division of Emergency Management (FDEM) for the acquisition-demolition of 4490 Spruce Creek Road (Project IA-0000015729), under the Elevate Florida Program. Elevate Florida is a state-run program that aims to enhance community resiliency by mitigating private residences against natural hazards. Residents apply directly to Elevate Florida, and they may apply for multiple mitigation opportunities, including Structure Elevation, Mitigation/Reconstruction, or Acquisition/Demolition. With an acquisition grant, a property and structure is purchased from a voluntary seller and demolished. After the acquisition, the property is to be maintained by the local community as open space. This agreement solely acknowledges that the City will accept the property from the Elevate Florida Program after the Elevate Florida Program has purchased the property from the current owner and the structure has been demolished. This agreement does not obligate the City to fund the acquisition or demolition of the property, only the ongoing maintenance of the cleared property if the owner ultimately completes the Elevate Florida Process. In March 2025, the property owner of 4490 Spruce Creek Road submitted an application to Elevate Florida for funds to acquire his property and demolish the existing home. This property is identified by the Federal Emergency Management Agency (FEMA) as a Severe Repetitive Loss property. FEMA has paid flood insurance claims totaling $337,328 in 2022 and 2024. Flood-prone repetitive loss properties pose a financial risk to the National Flood Insurance Program (NFIP) and are subject to mitigation to effectively reduce future flood losses. In August 2025, the City was notified that of the 135 Port Orange Elevate Florida applications submitted by Port Orange residents, 9 projects were funded (one acquisition/demolition, one demolition/reconstruction, and seven structure elevations). The one acquisition/demolition project selected for funding was at 4490 Spruce Creek Road. Staff from the City Manager’s Office, Public Works, City Engineering, and Community Development have reviewed the request for acquisition of the property located at 4490 Spruce Creek Road. While the property provides additional access to City-maintained stormwater infrastructure, acquisition of the property is only recommended if there is no direct financial cost to the City beyond long-term maintenance obligations. Under the Elevate Florida Program, 75% of the appraised home value is eligible for federal funding, with the remaining 25% non-federal match required from the homeowner. Reducing the number of properties that experience repeated flooding is a key objective of the adopted Volusia County Integrated Floodplain Management Plan and the National Flood Insurance Program’s Community Rating System (CRS). The City of Port Orange has more than 360 Repetitive Loss properties and, as a CRS participant, is required to develop a Repetitive Loss Area Analysis or Floodplain Management Plan to address areas that experience frequent flooding. If the City agrees to accept this property, FDEM will continue the process and purchase the property from the homeowner, demolish any existing structures, place a permanent deed restriction prohibiting future residential or commercial development, and transfer ownership of the property to the City. The only costs to the City of Port Orange would be ongoing property maintenance and the loss of future property tax revenue (approx. $1,700/year in recent years). Any property acquired through Elevate Florida must be maintained as open space. According to FDEM, allowable uses of open space include wetlands and floodplain management areas, parks or outdoor recreation areas, unimproved, unpaved parking lots, camping, nature reserves or grazing areas, and cultivation. All intended uses for open space following grant closeout must be proposed to and approved by FEMA in writing before implementation. | attachments=5 | reports=1

In October 2020, the City entered into an Interlocal Agreement (ILA) with Volusia County for supplemental animal control services. The agreement automatically renewed on October 20, 2025, and now extends through October 20, 2030. This amendment updates Section 3 to expand the list of incidents eligible for supplemental operational assistance. In addition to existing provisions covering animal seizures, criminal investigations, emergency search and rescue, pet sheltering during declared emergencies, and low-cost spay/neuter services, the amendment adds: Sheltering services for dogs under investigation for dangerous dog determinations and bite quarantine, as space is available at the County facility. Applicable service fees, established by the County and approved by the County Council, will be billed directly to the City. The County reserves the right to adjust fees. The amendment also revises Section 8 (Liabilities of Parties) to establish a billing structure for supplemental services. The County will provide personnel and equipment at a rate of $102.59 per hour, billed in 15-minute increments, plus any applicable shelter, veterinary, and spay/neuter fees. This ILA serves as a contingency plan if the City’s animal control provider or partner agencies become overwhelmed due to high intake volumes or qualifying incidents. Because this item was presented after adoption of the FY2026 budget, a future budget amendment may be necessary if these supplemental services are utilized. | attachments=2 | reports=1

706 Marshall Circle is the subject of an active Code Enforcement case (Case No. 24-0009) involving violations for accumulated garbage, outdoor storage of obsolete items, and a dilapidated fence structure. As a result of noncompliance, the property has been subject to a daily accruing fine of $100 since April 2024. The property also has utility liens and has been without running water for multiple years. The property owner has been undeterred by the financial consequences of his actions. The property has also been a disproportionate drain on police and fire services generating 38 calls for service in the last 12 months. The calls for service include, but are not limited to, emergency medical responses, disturbances, intoxicated persons, suspicious persons or incidents, aggravated battery, narcotics-related calls, noise complaints, and trespassing. This has left the City with no other choice than to initiate court action to remedy the issue. Therefore, based on the foregoing, the City Attorney's Office is requesting authority to initiate legal proceedings against the above referenced property owner which may include but is not limited to foreclosure of code/utility liens, injunctive relief, nuisance abatement and such other relief as is satisfactory to the Court. | reports=1

Staff is requesting City Council approval to purchase the property located at 846 Bears Trail for $355,000 plus authorize an additional $5,000 for estimated closing costs. City Staff contracted with a local appraisal company to provide a report on the fair market value of the property. The seller is offering the property at $355,000, approximately 2.9% above the appraised value of the property. Acquisition of this parcel will assist in advancing the City’s Capital Improvement Project, Nixon Lane Stormwater Pond & Pump Station. The property’s size, configuration, and location make it well-suited for the proposed improvements. At approximately one acre, the site, in addition to the property next door that was approved for purchase on February 17, provides sufficient area to accommodate a stormwater pond and pump station. The proposed stormwater pond will serve the purpose of storing and treating stormwater runoff from Nixon Lane east of Nova Rd. from Jackson Street to McDonald Road. This new pump station will discharge directly into the force main built as part of the Sugar Forest (Madeline/Pepper Hill) project and, while there is no direct connection to the Portona project proposed for this same area, the system will reduce the load on the Portona stormwater network by bypassing runoff that previously had to travel through Portona's system to reach the river. The Nixon Lane Stormwater Pond & Pump Station is a key infrastructure project intended to provide additional stormwater flood mitigation capacity for an area developed prior to modern stormwater standards. Recent storm events, including Hurricane Ian (2022) and Hurricane Milton (2024), have underscored the need for additional flood mitigation measures in this area. The design and construction of the pond and pump station will be advanced as a future Capital Improvement Project. The City has also requested State appropriations to assist with project funding. At the property owner's request, the Contract to Purchase includes a provision for post-closing occupancy for up to 90 days after the closing date. | attachments=1 | reports=1

Throughout each fiscal year, the City accumulates various types of uncollectible revenue as a result of accounts being terminated, individuals filing for bankruptcy, businesses becoming inactive, or balances being outstanding over two years. These amounts are subject to write-off at the end of each fiscal year. This process is an accounting procedure following the Generally Accepted Accounting Principles (GAAP), which lays the framework of accounting practices in the U.S. If a customer’s account has been written off as uncollectible on the City Financial Statements, this does not erase or forgive that debt. The City provides utility services to approximately 29,000 customers and the monthly billing is settled in arrears (after usage has occurred). Since services are provided before receiving payment, inevitably, the City has customers that do not pay for the services provided. The City can and does collect some portion of the amount owed by those customers using several methods. City staff reaches out to the customer to try to collect the outstanding payment, including follow-up notices and phone calls to remind them of the outstanding balance and encourage payment. If it is an owner-occupied location, liens are filed with the Clerk of Court. These liens are typically satisfied when the property is sold. For a returning tenant account, when they request new utility services, the City is able to collect the balance before establishing a new service. Despite the best efforts of City staff, some tenant and owner accounts go without payment and, for various reasons, the balance may need to be written off. The last write-off submitted to the Council was June 18, 2024. The amount requested for utility adjustment is $43,273.57. This includes: 72 accounts (58 tenants & 14 owners) Tenant accounts of $41,178.29, including bankruptcy accounts of $23,688.17 Owner accounts of $2,095.28 The average delinquency is $301.31 (excluding bankruptcy) 7 delinquencies over $1,000 The bankruptcy accounts that total $23,688.17 are not subject to future collection efforts in accordance with Federal law. Additionally, the City provides various services to individuals within Port Orange, from fire inspection services, special events, hazardous use permits, code liens to legal advertisement fees. The amount requested for adjustment for Miscellaneous Customers Accounts is $14,981.26. The amount requested for adjustment for Code Enforcement liens is $158,075.99, which includes foreclosed properties located at 717 Dove Ave ($136,046.45), 4041 S. Waterbridge Cir ($21,236.24) and 717 Brom Bones ($721.42). Once a property is foreclosed, the liens are not enforceable anymore and need to be written off. The list of adjustments can be found in Exhibit A. | attachments=1 | reports=1

The Port Orange Property Development, Inc. owns the property where Palmer Chiropractic is located and some surrounding parcels. The Palmer lease is with Port Orange Property Development, Inc. and Port Orange Property Development, Inc. has the right to review and approve all site and building plans for structures, buildings or leasehold improvements in the lease area. Every year Port Orange Property Development, Inc. is required to update its corporate filing with the State. Port Orange Property Development, Inc. meets annually to appoint its officers for the filing to the State. Chairman Shawn Goepfert will conduct the joint meeting of the corporate members and board of directors for Port Orange Property Development, Inc. The notice and agenda for the joint meeting are attached. | attachments=2 | reports=1

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Christopher Ford, property owner, is requesting approval to remove a 45-inch diameter at breast height (DBH) historic Live Oak tree located in close proximity to his townhome unit at 164 Sweetgum Lane. The subject townhome is part of a four-unit building constructed in 1977, according to the Volusia County Property Appraiser’s records, and the townhome unit at 164 Sweetgum Lane was purchased by Mr. Ford in 2021. The property owner states that the tree’s root system has displaced and elevated the adjacent concrete patio slab and the surrounding yard, altering established drainage patterns and directing stormwater runoff toward the structure. The property owner reports that this condition has resulted in repeated water intrusion into the unit during heavy rainfall events. The Land Development Code (LDC) defines a Live Oak with a DBH of 36 inches or greater as a historic tree. Pursuant to the LDC, removal of a historic tree on property other than single-family or two-family lots requires the Environmental Advisory Board (EAB) to make recommendations regarding mitigation should the City Council approve the tree removal request. Final approval of the historic tree removal permit and associated mitigation plan is granted by the City Council. Location map of the townhome at 164 Sweetgum Lane and the 45-inch DBH historic Live Oak tree In January 2026, the property owner submitted a tree removal permit application to remove the 45-inch DBH historic Live Oak. Ray Jarrett, Biologist/Arborist, evaluated the tree and determined that it is a Live Oak measuring approximately 45 inches DBH and approximately 70 feet in height. The arborist report states that the tree is located less than one (1) foot from an attached deck and approximately five (5) to six (6) feet from the residential structure. Over time, the tree’s root system has displaced the adjacent patio slab, altering the grade and causing runoff to flow toward the townhome unit, resulting in documented water intrusion. Pictures of the historic tree and the front of the townhome unit at 164 Sweetgum Lane Although the tree is currently classified as healthy, the property owner reports that its proximity to the structure has created an ongoing nuisance. Documentation provided by the property owner, including an arborist report, contractor estimates, and a mold inspection report, indicates that root-related slab displacement and grade changes have contributed to recurring water intrusion, cracking in exterior building materials, and interior wall moisture damage, by lifting the patio slab, causing runoff to flow toward the townhome unit, resulting in documented water intrusion and need for mitigation and repairs. The property owner reports that temporary corrective measures, including sealing cracks and caulking openings, have provided only limited relief. Drainage improvements such as trench drains, underground piping, and catch basins were evaluated; however, installation would require disturbance within the tree’s root zone and removal of portions of the patio slab. Both the contractor and arborist indicate that root removal or excavation could compromise the tree’s structural stability and that the proposed drainage infrastructure would remain vulnerable to continued root growth. The arborist's report concludes that removing the tree is the only practical long-term solution. The property owner proposes removing the tree, replacing the patio slab with a properly sloped surface away from the structure, and regrading the area to direct runoff toward the development’s drainage system. According to the documentation, these corrective actions cannot be implemented effectively while the tree remains. Staff has reviewed the submitted materials and confirms that alternatives to removal have been evaluated. According to the property owner, removal is the only feasible long-term solution to address recurring drainage and structural issues. MITIGATION REQUIRED BY THE LDC According to the LDC, the EAB may recommend mitigation for removing a historic tree, as provided by city staff, based upon the current tree mitigation resolution adopted by the City Council (Resolution No. 20-46). The EAB may allow the mitigation for the removal of a historic tree through a combination of planting replacement trees on the subject property and contribution to the city's tree bank, provided that the combination equals or exceeds the required percentage of the total cross-sectional area of the historic tree as established by Resolution No. 20-46. The property owner is requesting a waiver of the tree mitigation payment due to safety concerns associated with a 45-inch DBH Live Oak. An arborist report prepared by Ray Jarrett, Arborist/Biologist, concludes that the tree presents a moderate risk to the residence and surrounding structures. The owner asserts that this finding would meet the criteria for removal without a permit under Florida Statutes § 163.045 if the property were classified as a detached single-family residence. The subject property is part of a quadplex consisting of four attached dwelling units constructed as a single contiguous building. Although each unit is located on an individually owned lot, the structure shares common structural elements. As such, the property is classified as multifamily under the City’s Land Development Code (LDC), and the statutory exemption applicable to detached single-family residences does not apply. Therefore, removal of the tree must comply with the LDC. The owner further notes that, due to the multifamily classification, the required mitigation payment is significantly higher than it would be for a detached single-family or duplex lot. Pursuant to the LDC and Resolution No. 20-46, the mitigation payment for a 45-inch DBH healthy historic tree on a multifamily parcel is $6,441.00, whereas the mitigation payment for the same tree on a detached single-family or duplex lot is $2,036.34. Given that the subject lot functions similarly to an individual residential lot and serves a single dwelling unit, it is more characteristic of a detached single-family parcel than a traditional multifamily development; therefore, the detached single-family mitigation rate appears more proportionate in this context. EAB Recommendation (2-23-26): At its February 23, 2026 meeting, the Environmental Advisory Board (EAB) recommended approval of the mitigation payment option at $6,441.00 calculated based on the removal of a 45-inch DBH healthy historic tree located on a multifamily parcel. Following the vote, the EAB expressed support for the property owner’s request to the City Council to waive the mitigation fee, citing the damage the tree has caused and the anticipated cost to the property owner for removal, should the request be approved. The Staff Report, which includes the Arborist Report, Mold Testing and Inspection Report, and Contractor Estimate Report, is attached for more information. | attachments=2 | reports=1

The property owners, Ben and Kaitlin Walker, of 5952 Riverside Drive, request approval to remove a 42-inch DBH (diameter at breast height) historic Live Oak tree located within the Riverside Drive right-of-way in front of their property. Removal of the tree from the right-of-way requires City Council approval. The subject property is on the west side of Riverside Drive, south of Main Street, within the Harbor Oaks subdivision, and was purchased by the current owners in late 2025. The existing single-family residence on the site is in poor condition, and the owners intend to demolish it and construct a new single-family home (see the property owners' letter of request). Location map of 5952 Riverside Drive According to the City’s Land Development Code (LDC), a Live Oak tree with a DBH of 36 inches or greater is classified as historic. There are three historic Live Oak trees on the subject property: a 43-inch DBH tree at the southeast corner, and 42-inch and 45-inch DBH trees along the north property line. Additionally, one historic Live Oak tree is located within the City's Riverside Drive right-of-way in front of 5952 Riverside Drive. During the design phase of the proposed residence at 5952 Riverside Drive, the property owners and their contractor evaluated multiple site layout configurations to comply with all applicable building setback requirements while maintaining appropriate separation between the proposed residence, driveway improvements, and the existing historic trees. After evaluating several design alternatives, the owners and contractor determined that the proposed home could be sited to preserve the three historic Live Oaks located on the subject property. However, the tree within the Riverside Drive right-of-way cannot be accommodated without creating conflicts with required setbacks or driveway improvements impacting critical root zones of this tree. The property owners and their contractor considered multiple building configurations to preserve all historic trees while complying with setback requirements. Shifting the home further north or west could adversely affect the two healthy historic Live Oaks on the northern portion of the property, while relocating or reorienting the home to the south could negatively impact the historic Live Oak on the southern portion of the lot. The graphic below identifies the three historic Live Oak trees (green highlight) to remain, and the one historic Live Oak tree (yellow highlight) proposed to be removed. A graphic that shows the location of the proposed home and driveway, 3 historic oak trees to remain, and 1 historic oak tree proposed to be removed. As a result, the owners are requesting approval to remove the historic Live Oak tree within the Riverside Drive right-of-way to construct a new residence that complies with all applicable setback requirements while preserving the three historic Live Oaks on the subject property. Based on the information provided, relocating or reorienting the proposed residence would result in encroachment into the critical root zones of the remaining historic Live Oaks. Prior to submitting the request to remove the tree from the right-of-way, the property owners retained a licensed arborist to evaluate the tree and prepare an arborist report. According to the report, the tree has a pronounced lean toward Riverside Drive and adjacent overhead power lines. The report also documents soil displacement and ground heaving at the base of the tree, conditions consistent with structural imbalance and instability. Additionally, the arborist notes that, in the event of failure, the tree would likely fall into Riverside Drive, potentially obstructing the roadway. Pictures of the tree in the Riverside Drive right-of-way leaning toward Riverside Drive and Powerlines Riverside Drive south of the subject property terminates in a dead-end configuration; therefore, any obstruction could restrict ingress and egress for 14 properties located south of the subject property (See graphic below). Furthermore, due to the tree’s proximity to overhead utilities, failure could damage electrical infrastructure and cause service interruptions. Evidence of repeated canopy trimming by Florida Power & Light (FPL) is visible, indicating ongoing conflicts between the tree canopy and overhead utility lines. While the removal is requested to facilitate the construction of a home, it could also eliminate a potential hazard within the city right-of-way. If the removal of the historic tree is approved by the City Council, the property owners and their tree removal contractor will need to enter into a Temporary License Agreement with the City to allow the work to be done within the City right-of-way. A graphic that shows the 14 properties located south of the subject property, where any obstruction could restrict ingress and egress for 14 properties. According to the Land Development Code, mitigation is required to remove a 42-inch DBH Live Oak tree under the current Single-Family Lot tree mitigation formula; the mitigation payment for this tree is $2,036.34 | attachments=2 | reports=1