Port Orange City Council approves $3M DEP stormwater grant, adopts two LDC amendments, accepts clean FY2025 audit

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Community Development staff is requesting approval of Change Order No. 1 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). The change order includes modifications to the project amounting to $37,731.77, or 2.3% of the contract total. It also provides a 9-day extension to the construction schedule for the specified work, plus 8 additional days for holidays recognized under the FDOT and City calendars, for a total of 17 days. 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 the shared-use path layout are required at the connection to the existing sidewalk along Dunlawton Avenue/SR 421 to avoid conflicts with existing underground utilities that were installed after the project’s design plans were completed in March 2024. $1,390.63 Revisions to the shared-use path layout to improve the durability of the ADA approaches at Powers Avenue and installation of a required handrail/guiderail. $3,333.39 Revisions to stormwater piping and connections to an existing structure to avoid conflicts with unknown/unmarked FPL conduits in order to maintain functionality of the stormwater system. $9,494.15 Adjustment to the contract timeframe of 4 days for Items #1 - #3. Remove and dispose of an existing tree that was damaged by a storm event and fell into the Halifax Canal. $1,530.00. Remove and dispose of an existing tree to provide adequate clearances from the trail boundary. $1,530.00. Removal and replacement of an existing 8' wide concrete shared-use path in the City's Spruce Creek Road right-of-way from Selin Circle to south of Oak Street. This approximately 180’ length of shared-use path was originally specified as “to remain”, but continued deterioration, heavy service vehicles, and tree roots have severely damaged the concrete since completion of the plans. To maintain FDOT SUN Trail standards, the shared-use path segment should be replaced. $20,453.60 Adjustment to the contract timeframe of 5 days for Item #7. In the approval of the contract award on August 19, 2025, the City Council approved $80,000 as contingency funds to address unforeseen conditions. Upon execution of Change Order No. 1, the new contract total will be $1,671,593.42, and the balance of contingency funds will be $42,268.23. The adjusted final completion date for the project will be July 27, 2026. However, the contractor is anticipated to complete the project ahead of schedule, and the additional time is unlikely to be needed. Staff has had preliminary conversations with FDOT regarding probable eligibility for reimbursement of the items included in this change order and is preparing final documentation for submittal to FDOT/SUN Trail for their review. Funding for this change order appears to be available from the remaining balance of the project’s budgeted State grant funds. | attachments=8 | reports=1

The City’s Water Reclamation Facility treats approximately 7 million gallons of wastewater each day. As part of this process, biosolids are produced and must be properly managed. The facility uses five belt filter presses to remove water from these materials, generating about 30 tons of biosolids daily. The existing belt filter presses are more than 30 years old and have previously undergone a full rebuild. Several components now require replacement to ensure the equipment continues to operate reliably and efficiently. Due to the specialized nature of this equipment, Staff was unable to obtain multiple quotes for the needed repairs on the wash boxes, gasket seals, and various other components on the belt filter presses. GSM Engineered Fabrics has extensive experience with these specific systems and has successfully completed similar maintenance and repair work for the City in the past. Staff has confirmed that the pricing is in line with similar specialized equipment vendor rates for wastewater equipment repairs, and the project funds are included in the current year's repair and replacement (R&R) funds. | attachments=2 | reports=1

The Wrecker Service Agreement between the City of Port Orange and J&A Balboa Enterprises, Inc. d/b/a Arrow Service & Towing, originally executed on April 15, 2025, is set to expire on May 9, 2026. The agreement includes three one-year renewal options, each subject to review and approval by City Council. This item represents the first of those renewal options. In addition, this item includes Amendment No. 1 to the agreement. The amendment updates Exhibit A by replacing the current version, established under Resolution No. 19-15, with the revised provisions adopted under Resolution No. 26-19, contingent upon approval of that resolution, which is also on this agenda. The revision to Exhibit A includes updated tow rates for non-consensual and trespass tows, as well as revised vehicle weight classifications. These changes align the tow rates and weight categories with those adopted by the County and many municipalities within Volusia. | attachments=3 | reports=1

The City has been awarded $3,000,000 as part of the 2025 State of Florida Legislative Appropriations. In order to receive the funds from the State, the City must approve the Standard Grant Agreement with the State of Florida Department of Environmental Protection. The funding will support the construction of a stormwater pond and pump station on the City-owned property located at the corner of Madeline Ave. and Pepper Hill Road, as well as approximately 8,000 feet of stormwater pipe. Stormwater will be collected in the pond from the surrounding area and pumped east directly to the Halifax River. Design of this project is approximately 60% complete, and permitting coordination with the St. Johns River Water Management District is underway. Staff is also verifying easements, evaluating authority within Sugar Forest common areas, and addressing utility conflicts along Herbert Street for the force main piping to be installed. This grant is a cost reimbursement grant in the amount of $3,000,000 that was supported by Senator Tom Wright and Representative Chase Tramont in the 2025 Legislative session. The award represents only a portion of the estimated total project cost. Additional funding has been awarded through the Transform 386 program and identified in the City's stormwater utility fund. | attachments=2 | reports=1

Section 125.0103, Florida Statutes, authorizes municipalities to establish maximum rates for nonconsensual towing and storage. Because the City of Port Orange has historically adopted its own rate schedule and vehicle classifications, the City’s maximum rates have differed from those established by Volusia County under Section 118-98 of the County Code. Although the City is permitted to maintain separate rates, the dual schedules have created confusion for towing companies, property owners, law enforcement, and the public regarding which maximum rates apply within City limits. To increase clarity and regional consistency, the proposed resolution repeals Resolution No. 19-15, established in May 2019 to align the City's towing rates and vehicle classifications with those adopted by Volusia County through Ordinance No. 2024-25. Updating the classifications is also necessary because modern vehicle production has resulted in lighter-weight vehicles that no longer align with the City's older weight categories. Aligning with the County's classifications ensures that similar vehicles are treated consistently across jurisdictions. Resolution No. 26-19 also ensures compliance with Section 125.0103(1)(d), Florida Statutes, which requires publication and public availability of maximum towing rates. The update affects only rate amounts and classifications and does not alter the City's existing towing procedures or regulatory structure. To date, the cities of Daytona Beach, Holly Hill, Ormond Beach, Daytona Beach Shores, Florida Highway Patrol, and Volusia County Sheriff's Office have adopted the rates set forth in Volusia County Section 118-98 through Ordinance No. 2024-25. The City of South Daytona adopted rates that are higher than those outlined in the Volusia County ordinance. A letter from our current vendor is provided as well regarding the rate increase. | attachments=5 | reports=1

The City of Daytona Beach Shores (DBS) is upgrading its outdated force main sanitary sewer lines serving the north side of DBS. To start and complete this urgent project, DBS is in need of a 20-foot easement on the north side of the City of Port Orange (City) property located at 2844 Ridge Road. The proposed method for sewer line installation will be jack and bore. This is a trenchless method used to install underground pipes and utilities by pushing a casing pipe through the earth while simultaneously removing soil with an auger. This technique avoids open-cut excavation, which minimizes surface disruption. This means that the City property should be minimally impacted by the installation of the lines, which will be several feet underground. Photo showing the area of the proposed utility easement at 2844 Ridge Road | attachments=1 | reports=1

At the March 3 Council meeting, Councilman Jonathan Foley requested the appointment of a replacement member to the Volusia Flagler Transportation Planning Organization (TPO) due to changes in his work schedule that prevent him from attending meetings regularly. | reports=1

Planning Commission Recommendation (2/26/26): Recommended Approval 5-0 Staff have been updating the Land Development Code (LDC) in phases over the past several years. The proposed amendments in this package are intended to enhance the existing Code as part of the City’s ongoing maintenance efforts. The amendments address issues encountered in applying the Code, including regulations for outdoor donation bins and temporary storage containers. CHAPTER 2 — DEFINITIONS AND INTERPRETATIONS AND CHAPTER 16 — MISCELLANEOUS REGULATIONS The proposed amendment to Chapter 16 of the Land Development Code (LDC) establishes clear, consistent, and enforceable standards for outdoor donation bins, replacing the previous practice of classifying them as part of a “service area.” Service area requirements in the LDC apply to mechanical equipment (HVAC units, meters, etc.) and elements that serve or are associated with a principal building use (dumpsters, tanks, etc.). Because donation bins are typically operated by separate organizations and are not an accessory to a principal building, staff is proposing specific requirements for donation bins. Without regulations for the placement or maintenance of outdoor donation bins, bins can become unsightly, attract illegal dumping, create traffic or pedestrian hazards, and accumulate trash. Establishing requirements helps ensure bins are safe, accessible, and well-maintained. The following outdoor donation bins would not be permitted if the amendment is approved. Example of existing donation bins that do not comply with proposed requirements The amendment adds a definition for “donation bin” and establishes standards addressing location, size, appearance, number, operation, and maintenance. The regulations are designed to improve aesthetics, public safety, ensure site functionality, and provide clear enforcement mechanisms. Key provisions of the amendment include: Permitted Locations: Donation bins are permitted only on approved, developed, and occupied non-residential sites within commercial and industrial zoning districts, as well as on sites of nonprofit organizations and houses of worship. Prohibited Locations: Donation bins would not be permitted on residentially zoned properties, unoccupied sites, or within the Port Orange Town Center Community Redevelopment Area. Quantity Limits: One bin per parcel under five acres; two bins per parcel five acres or larger. Placement & Safety Standards: Bins must be located on paved surfaces, may not obstruct required parking, access drives, loading areas, or fire lanes, and must be securely anchored. Setbacks: Minimum 100-foot setback from residential uses or zoning districts and arterial roadways. Size & Appearance: Limited to 35 square feet in area and 7 feet in height; must be earth-tone or pastel in color. Operation & Maintenance: Items must be fully contained within the bin; no outdoor storage or processing permitted. Property owners and permit holders are jointly responsible for maintenance and compliance. Signage: Limited informational signage is permitted; no off-site commercial advertising allowed. Required charitable registration signage must comply with Florida Statutes. The amendment would require City approval before any donation bin is placed. Applicants must submit a site plan or scaled drawing, bin specifications, and written property owner consent. Approval would be issued through a city permit. Staff reviewed existing donation bins throughout the city and found that most do not meet the proposed standards. If adopted, existing bins would be required to obtain a permit and demonstrate compliance or be removed. This amendment provides a clear regulatory framework to ensure donation bins are appropriately located, maintained, and compatible with surrounding development. CHAPTER 16 — MISCELLANEOUS REGULATIONS The proposed amendment to the Land Development Code (LDC) establishes regulations for temporary storage containers (e.g., PODS) on non-residential properties, which are not currently addressed in the LDC. These containers are commonly used during construction, renovation, tenant improvements, repairs, or damage restoration to store furniture, equipment, tools, and materials. The LDC currently has no specific standards for temporary storage containers on non-residential properties associated with construction and renovation projects. Under the proposed amendment, temporary storage containers would be permitted only in association with active building permits or approved site improvements. Containers would be allowed for the duration of the permit and must be removed prior to issuance of a Certificate of Occupancy, Certificate of Completion, or final inspection. The Administrative Official, (defined in the Code of Ordinances as any department head reporting to the City Manager) may grant approval for unique circumstances or extensions when warranted. This amendment provides consistent standards for temporary storage containers on non-residential properties while ensuring compliance with construction and site improvement regulations. The Staff Report is attached for more information. | attachments=4 | reports=1

Planning Commission Recommendation (2/26/26): Recommended Approval 5-0 Staff has been updating the Land Development Code (LDC) in phases over the past several years. The proposed amendments in this package are intended to enhance the existing Code as part of the City’s ongoing maintenance efforts. The amendments address issues encountered in applying the Code, including the method for determining whether a color qualifies as an earth tone or pastel, and clarification of color regulations for murals. CHAPTER 2 — DEFINITIONS AND INTERPRETATIONS AND CHAPTER 14 — ARCHITECTURAL DESIGN The Land Development Code (LDC) currently requires that the color of structures other than single-family homes, duplexes, or mobile homes be limited to earth tones or pastels, with other colors, excluding fluorescents, not exceeding twenty percent of any single elevation. The proposed amendment does not change the allowed colors for a non-residential structure; rather, it updates the method for determining whether a color qualifies as an earth tone or pastel to align with current paint industry standards. Since the mid-1990's, the LDC has defined earthtone and pastel colors based on the percentage of black or white in a given hue. However, this method is outdated, as modern paint colors are mixed from multiple bases and cannot be accurately measured by black or white content alone. Today, the paint industry uses the Light Reflectance Value (LRV) as an objective, measurable standard to determine a color’s lightness or darkness. This proposed amendment updates the LDC to align with current paint industry standards, ensuring a consistent, accurate method for determining whether a color qualifies as an earth tone or a pastel. Light Reflectance Value (LRV) is a measure of visible and usable light that is reflected from a surface when illuminated by a light source on a zero (0) [absolute black] to 100 [pure white] scale. The higher the LRV, the lighter and brighter the color. The lower the LRV, the darker, more saturated the color. The LRV numeric scale is measurable and listed on all paint chips and samples. The proposed amendment establishes LRV limits for earth tones with an LRV of 25 or greater, pastels with an LRV of 80 or greater, and peaches, pinks, lavender, blues, and greens with an LRV of 65 or greater. In preparing this amendment, City staff consulted with employees at Home Depot, Lowe’s, and Sherwin-Williams to confirm that LRV is the current standard used in their stores and to verify that it is the recognized method for measuring a color’s lightness and brightness. Below are paint sample cards from Sherwin-Williams illustrating two shades of green. Agate Green has an LRV of 34 and is classified as an earth tone, while Topiary Tint has an LRV of 65 and is classified as a pastel color. Although both colors are green and part of the same color family, the difference in LRV demonstrates a variation in depth and brightness. Examples of paint sample cards from Sherwin-Williams showing the LRV for earth tone and pastel colors Below are paint sample cards from Sherwin-Williams illustrating two shades of blue. Lakeshore has an LRV of 27 and is classified as an earth tone, while Open Air has an LRV of 70 and is classified as a pastel color. Although both colors are blue and part of the same color family, the difference in LRV demonstrates a variation in depth and brightness. Examples of paint sample cards from Sherwin-Williams showing the LRV for earth tone and pastel colors CHAPTER 15 - SIGNS The City’s Land Development Code establishes color standards for non-residential buildings, generally requiring exterior colors to be earth tones or pastels. These standards ensure compatibility with other buildings and maintain a cohesive visual character. However, the existing code does not specifically address murals and their unique role in public art and creativity. The code currently allows murals on a principal structure, an accessory structure, a fence or wall, or another structure on a commercial lot, but does not address the allowed colors. The proposed text amendment clarifies that a mural shall not be subject to the color regulations otherwise required for buildings, except that reflective or fluorescent colors shall not be used, and allows murals to use colors beyond earth tones and pastels to encourage creativity and recognize murals as unique works of art. Reflective and fluorescent paints remain prohibited to maintain safety and visual appropriateness, while providing clear guidance for staff and property owners. The Staff Report is attached for more information. | attachments=4 | reports=1

The City's audit firm, James Moore & Company, will discuss the status of the City's Annual Comprehensive Financial Report and Audit for the fiscal year ended September 30, 2025. | reports=1