Council approves multiple projects and grants

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Amendment No. 1 to Task Authorization No. 3 is necessary for CDBG Compliance Assistance Services for the Causeway Park South Boat Ramp Project. Compliance services include interviews conducted by the engineer with workers on site as well as weekly payroll review to be sure it meets the requirements of the State of Florida for a CDBG grant in the amount of $396,208. When the engineer originally quoted, it was not known at that time that a CDBG grant would be available as a funding source. In order to use the approximately $400,000 in federal funds, specialized reporting is required of the engineer to meet the requirements of the grant. The increase in cost to cover the reporting is not to exceed $10,000, increasing the Task Authorization to $125,710. In addition, Staff is requesting to extend the completion timeframe of the current Task Authorization so it matches the overall project schedule for the Causeway Park South Parking and Boat Ramp Improvements. | attachments=8 | reports=1

Community Development staff is requesting approval of Change Order No. 2 to the construction contract ITB #25-13 awarded to Masci General Contractor, Inc., for the construction of the St. John's River to Sea (SJR2C) Loop Shared-Use Nonmotorized (SUN) Trail Project (FDOT #439865) (City of Port Orange Project #CD221). Change Order No. 2 includes modifications to the project due to unforeseen items discovered during construction, amounting to $50,254.30. Total change orders for the project equal $87,986.07, or 5.4% of the contract total. Change Order No. 2 also provides for an additional 6 days, 3 for holidays recognized under the FDOT and City calendars, and 3 for delays associated with water main and reclaim repairs. Due to the complexity of this project, which is being constructed in an older area of the City with limited and less reliable underground infrastructure records, as well as within a wetland area, a contingency fund was included with this project to address unforeseen conditions and necessary field adjustments during construction. The additional work associated with these change orders was necessary to address unforeseen conditions encountered in the field and to ensure the project is completed in accordance with permitting and grant funding agency requirements. The majority of the work associated with both change orders remains eligible for state reimbursement. Kimley-Horn, the City’s construction and engineering inspection firm, and the Engineer of Record, Stanley Consultants, have verified the validity of the work, material quantities, and unit costs. A summary of the required changes and associated costs is as follows: Adjustments to electrical service runs were necessary to support the installation of project electrical components, as coordinated in the field with the electrical service provider, Florida Power & Light (FPL), and to connect to the final designated power drop locations. During the design phase, coordinating with FPL on the exact power drop locations proved difficult, and design assumptions were made based on the information available at the time. The plans were subsequently reviewed by FPL, and “no conflict” documentation was provided during the design review process. Once the electrical contractor mobilized on site and formally requested installation of the FPL power drops, FPL field personnel identified that the originally anticipated service locations could not be utilized and directed that the power drop locations be shifted. This unforeseen field-directed change required longer electrical service runs and additional underground boring under Spruce Creek Road to reach the revised connection points. $19,099.39 Adjustments to the design and construction of the footings for pedestrian signal poles were necessary at specified locations to accommodate the proximity and shallow depth of existing stormwater culverts at the intersections of Spruce Creek Road at Dunlawton Avenue and Oak Street. During the design phase, the depth of the existing culverts was not identified. Once construction activities began and the contractor excavated for the pedestrian signal pole footings, the shallow depth and location of the existing stormwater culverts were encountered in the field. The unforeseen conflict required modifications to the footing design and construction methods to avoid impacts on the existing drainage infrastructure while maintaining the required structural support for the pedestrian signal poles. $9,850.12 Additional structural support for the boardwalk lighting posts to make them stronger and extend their lifespan by improving stability so they can better withstand wind, weather, and long-term wear, reduce maintenance needs, and increase durability over time. The original design for attaching the light poles to the boardwalk was reviewed and approved during plan review. However, after the boardwalk was constructed, it was determined during construction that additional structural support would be more prudent following field condition evaluations. The added structural support strengthens the attachment of the light poles to the boardwalk, improving stability and durability. It is intended to reduce long-term maintenance and repair needs for the light poles, particularly after wind events.$3,444.25 Additional work and delays were encountered during the project due to conflicts with existing potable water and reclaimed water utility infrastructure. During the initial phases of clearing and grading for the trail, existing potable and reclaimed water mains were encountered at locations that did not align with available utility records and field markings used during the design and construction planning phases. As construction progressed, the potable water main was inadvertently impacted on three separate occasions, resulting in emergency repairs and the reconstruction of previously completed trail sections. These impacts resulted from discrepancies between recorded utility locations and actual field conditions. In addition, an existing reclaimed water line was found to conflict with the proposed project infrastructure and was required to be relocated by the city. The city performed the utility relocation work, while the project contractor provided the necessary labor, excavation, equipment, and backfill operations to support the relocation and maintain project continuity. These conditions were unforeseen, related to existing utility infrastructure, and resulted in additional work and delays. The associated costs totaled $17,860.54, resulting in a contract time extension of three (3) calendar days. Upon execution of Change Order No. 2, the new contract total will be $1,721,847.72, which includes $80,000 in contingency funds approved previously by City Council, plus an additional $7,986.07. Funds are available in the CD 221 project budget. The adjusted final completion date for the project is August 2, 2026; however, the contractor is expected to complete the project ahead of schedule, and additional time is not anticipated. Staff has discussed this with FDOT, and FDOT has indicated that items #1 and #2 included in this change order are anticipated to be eligible for reimbursement. | attachments=13 | reports=1

Staff is requesting City Council approval to award ITB #26-01, Demolition Services for Federally Funded Projects, to Reclaim Company, LLC as the primary contractor, with DSR Construction, Inc. and Samsula Demolition serving as alternate contractors. The purpose of the Invitation to Bid is to establish a pool of qualified demolition contractors to perform work on an as-needed basis for the demolition of structures acquired through federally funded programs such as the FEMA Hazard Mitigation Grant Program (HMGP) and Flood Mitigation Assistance (FMA), as part of the City’s flood mitigation, repetitive loss mitigation, and other related resiliency initiatives. Approval of this award will allow the City to utilize these contractors for three (3) current HMGP demolition projects, fourteen (14) future FEMA demolition projects as well as any future federally funded demolition projects within the terms of the contract. The City received five (5) bids for ITB #26-01, Demolition Services for Federally Funded Projects. Of the five bids received, one (1) was deemed non-responsive. Pursuant to the contractor selection methodology contained in the bid documents, the lowest responsive bidder shall be awarded as the Primary Contractor, with up to two (2) additional contractors awarded as alternates. During evaluation of the bids, it was discovered that two of the five bidders did not provide a unit price for the 1 cubic yard measurement for Item #11 (“Loading, transporting, and disposing of demolition debris at an approved landfill”). However, all five bidders submitted pricing for the 1-ton measurement for Item #11. Because demolition debris disposal is ultimately documented and billed by the landfill based on certified weight tickets (tonnage), staff determined that the 1-ton unit price is the applicable and necessary pricing metric for contract administration and reimbursement purposes. A waiver was received from the City Manager pursuant to Code of Ordinances Sec. 2-265 to omit the 1 cubic yard unit pricing as a minor irregularity and utilize the submitted 1 ton unit pricing for evaluation and administration of all bids received under ITB #26-01. After evaluating the bids, it was determined that Reclaim Company, LLC submitted the lowest responsive bid, with DSR Construction, Inc. and Samsula Demolition submitting the second and third-lowest bids, respectively. • Primary Award: Reclaim Company, LLC • Alternate Award: DSR Construction, Inc. • Alternate Award: Samsula Demolition The resulting contracts will have an initial term of three (3) years, with the option of two (2) additional one-year renewal periods. The first three (3) properties to be demolished under this contract are 798 & 893 Sugar House Drive and 5899 Trailwood Drive which have recently been acquired. The structures on these properties are to be demolished in accordance with the FEMA Hazard Mitigation Grant Program (HMGP) Idalia Grant (Project No. CD253) which was approved by City Council on August 19, 2025. | attachments=18 | reports=1

The City received five bids for ITB #26-07 City Center Sports Complex Expansion: This is bond project #1 and is located on the former Silver Sands property adjacent to City Center that was part of the land swap with Volusia County Schools. This project will include multipurpose fields suitable for soccer, flag football, etc., a new restroom/concession facility, and additional parking. Bid summary: All State Civil Construction, Inc.: $3,636,028.16 Paul Culver Construction, Inc.: $3,660,000 Persons Service Corp.: $3,675,278.07 A.G. Pifer Construction: $3,996,000 Legacy Sports Construction: $4,730,560 All State Civil Construction, Inc. is the lowest bidder and is deemed responsive. Staff recommends awarding ITB #26-07 City Center Sports Complex Expansion to All State Civil Construction, Inc., for the base cost of $3,636,028.16. In addition, Staff is requesting a contingency allowance of 8%, $290,883.00, bringing the total project budget to $3,926,911.16. | attachments=17 | reports=1

Staff is requesting approval of Amendment No. 1 to Task Authorization (TA) No. 6 to ITB #24-01 with Paul Culver Construction, Inc. under the City’s Master Contract for Small Construction Projects, in an amount not to exceed $55,698, for the additional required upgrades and modifications to the fire suppression system at the YMCA. The total of the project with the amendment to the task authorization will not exceed $145,398.00. The modifications include providing required upgrades to the existing sprinkler system, additional smoke detectors, alarm pull stations, fire alarm speakers and strobes, additional emergency lights and other fire suppression items. All upgrades and modifications have been required by the City Fire Marshal pursuant to current National Fire Protection Association (NFPA) code requirements. Upon approval and issuance of the Notice to Proceed, the work is anticipated to be completed within 60 days, increasing the total days by 30. | attachments=8 | reports=1

As part of the Fire Marshal's inspection process for a new fire panel, it was determined that additional fire suppression items are needed in some areas of the YMCA where the use and structure have changed over the years. These changes are necessary to comply with current National Fire Protection Association (NFPA) code requirements. The modifications include providing required upgrades to the existing sprinkler system, additional smoke detectors, alarm pull stations, fire alarm speakers and strobes, additional emergency lights and other fire suppression items. All upgrades and modifications have been required by the City Fire Marshal pursuant to current code requirements and increase the project cost by $55,698. The project expenditure account does not currently have sufficient budgeted funds to cover this additional expense. Staff is requesting a budget transfer from the Fund Balance of the Recreation Facilities Fund (Fund 106) to the project expenditure account to fund the required improvements. Timely completion of this work is critical, as the YMCA operates after-school programs and day camps that require a current fire inspection approval from the State of Florida for licensing purposes. | attachments=2 | reports=1

At the March 18, 2025, City Council Meeting, Council approved waiving building permit fees for structures damaged by Hurricanes Ian, Nicole, and Idalia for participants in the FEMA Hazard Mitigation Grant Program (HMGP), FEMA Flood Mitigation Assistance (FMA) Program, or the Volusia County Transform 386 Program, as well as for property owners bringing substantially damaged structures into compliance with the City’s Land Development Code (LDC) using funds other than state or county grant funding (Resolution No. 25-18). At the time Resolution No. 25-18 was approved, building permit fees for work associated with Hurricane Milton were waived through July 28, 2025, pursuant to Resolution No. 25-10. Therefore, the current resolution waiving building permit fees for structures determined to be substantially damaged by the city, or for participants in the FEMA Hazard Mitigation Grant Program (HMGP), FEMA Flood Mitigation Assistance (FMA) Program, Elevate Florida Program, or the Volusia County Transform 386 Program, does not clearly include building permits submitted due to Hurricane Milton. Staff has recently begun receiving building permit applications for the demolition and rebuilding of homes through the Volusia County Transform 386 Program due to damage from Hurricane Milton, as well as applications from property owners using funding sources other than federal, state or county grant programs to demolish and rebuild homes that were determined by the City to be substantially damaged as a result of Hurricane Milton. Staff requests approval of Resolution No. 26-26, which will amend and restate Resolution No. 25-18 to waive building permit fees for property owners who participate in the FEMA Hazard Mitigation Grant Program (HMGP), FEMA Flood Mitigation Assistance (FMA) Program, Elevate Florida Program, or the Volusia County Transform 386 Program, or who are bringing substantially damaged structures into compliance with the Florida Building Code, FEMA National Flood Insurance Program (NFIP) requirements, and the City’s LDC, regardless of funding source, including grant funding, personal funds, or other sources. This resolution will extend the building permit fee waivers to include demolition, repair, or rebuilding of structures that City Staff determines are substantially damaged, as well as participants in a federal, state or county grant program. | attachments=1 | reports=1

Parks and Recreation staff is requesting permission to apply for a Volusia ECHO grant to improve Willow Run Park to include a new restroom facility, lighted basketball court, bicycle playground and a traditional playground. Improving this area and offering more recreational activities will enhance the value of the park to residents and visitors. If awarded, ECHO will require the City to commit up to a $2,000,000 match. An additional budgeted amount of $6,000 is required for ECHO signage, which brings the total project cost to $4,006,000.00. Willow Run Park Expansion is a bond project. If awarded a Volusia County ECHO Grant, the City would be required to provide restrictive Covenants to the County that will limit future use of the improved areas for twenty years. Those restrictions include the site remaining a park and maintenance of the park and amenities as described in the contract. | attachments=3 | reports=1

The State Highway Agreement between the City and the Florida Department of Transportation (FDOT) provides for FDOT to compensate the City in exchange for the maintenance of the lighting and lighting systems on State roads located within City limits. FDOT is proposing a new seven-year agreement (#AT763) effective July 1, 2026 through June 30, 2033. Under the new agreement, the per-light unit rate shall increase by 3% each fiscal year with the upcoming fiscal year 2026/27 rate being $358.33. The State agrees to pay the City $92,234.14 for fiscal year 2026-27. The lighting and lighting systems to be maintained by the City are located on the following State roads: Nova Road (SR 5A) US 1/Ridgewood Ave. (SR 5) Dunlawton Ave. (SR 421) (excluding the Dunlawton bridge lights) S. Peninsula Drive (SR 441) | attachments=2 | reports=1

The City received a $354,806 allocation from the U.S. Department of Housing and Urban Development (HUD) to support the Memorial Park Multi-Use Trail Project. During project implementation, staff determined that the federal procurement, bidding, and compliance requirements associated with the grant would significantly increase the administrative complexity, cost, and timeline of delivering the trail project. After further evaluation, it was determined that reallocating the funding to an eligible infrastructure project with a more efficient implementation path would better maximize the use of the grant funds and expedite delivery of community benefits. As a result, the City proposes to amend the Program Year (PY) 2025 Annual Action Plan (AAP) to reallocate the $354,806 in HUD funding from the Memorial Park Multi-Use Trail Project to the Jackson and Oak Street Drainage Improvements Project, an eligible project that addresses stormwater and neighborhood infrastructure needs. The proposed PY2025 Annual Action Plan Amendment No. 1 was made available for public review through the City’s Community Development Block Grant (CDBG) webpage. In accordance with the City’s Citizen Participation Plan, notice of the opportunity for public comment was published in the Daytona Beach News-Journal on April 17, 2026. The required 30-day public comment period, including a public hearing held on May 20, 2026, concluded on May 20, 2026. Upon City Council approval, the PY2025 Annual Action Plan Amendment No. 1 will be submitted to HUD for review and approval. | attachments=2 | reports=1

K-9 Mila has served as a Police Dog with the Port Orange Police Department for three and a half years. Due to her performance issues and multiple handlers, K-9 Mila will be retired from service. Ownership of K-9 Mila will be transferred to her handler, Officer Jarrad Alevisatos, pursuant to the agreement drafted by the City Attorney's Office. | attachments=1 | reports=1

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At the April 2026 Planning Commission meeting, the Planning Commission denied (4-1) the applicant’s request to allow a 6-foot-tall fence, installed approximately 10 years ago without a building permit, to remain in a secondary front yard on a corner lot in lieu of being relocated to comply with the requirement that it be aligned with the front plane of the house. The subject property is located at 5968 Shady Creek Lane, at the northwest corner where two segments of Shady Creek Lane intersect. According to the Land Development Code (LDC), the subject property is classified as a corner lot because it is adjacent to two public rights-of-way (the intersection of two segments of Shady Creek Lane) and therefore has both a primary and secondary front yard. The LDC requires that a 6-foot-tall fence located in a secondary front yard be either aligned with the front plane of the home (approximately 10 to 27 feet from the secondary front property line) or set back to the zoning district front yard setback (30 feet), whichever is less. A photo that shows the existing 6' fence location and the permitted 6' fence location in the secondary front yard of 5968 Shady Creek Lane In accordance with Chapter 19, Section 1(f) of the Land Development Code (LDC), the Council’s decision to uphold or reverse the Planning Commission’s determination must be based on the facts presented at the Planning Commission meeting, the established review criteria for variance requests, and the Planning Commission’s decision on the requested variance. No new evidence may be presented, heard, or discussed during the appeal . Any new information would have to be submitted as part of a new variance request. Attached are the variance appeal letter submitted by the applicant, the DRAFT minutes from the April 2026 Planning Commission meeting, and the April 2026 Planning Commission staff report for the variance. | attachments=3 | reports=1