Special City Council Meeting 08/21/2019 Page 1 of 43

SPECIAL CITY COUNCIL MEETING

August 21, 2019 at 6:30 PM

City Council Chambers, 16 Colomba Rd.

DeBary, Florida 32713

AGENDA

CALL TO ORDER

Invocation

Flag Salute

ROLL CALL

PUBLIC PARTICIPATION FOR ANY ITEMS ON THE AGENDA (Citizen comments are limited to five (5) minutes per speaker. Speakers will be called when the item is introduced for discussion.)

ADDITIONS, DELETIONS OR AMENDMENTS TO THE AGENDA

PRESENTATIONS

1. Presentation of New DeBary Business - Roger Van Auker, TOD Director

GROWTH MANAGEMENT AND DEVELOPMENT REVIEW

2. Jerome Henin of the Henin Group is seeking final plat approval for Riviera Bella, Unit 8B, which consists of lots 49-94.

NEW BUSINESS

3. City Manager is recommending City Council approval of the Fiscal Year 2019-20 First Amendment to the Volusia County Interlocal Agreement for Law Enforcement Services.

4. Consider an offer to purchase the 1.11 acre parcel that the City has marketed for sale.

5. KHARE Construction Services, LLC is requesting approval of Task Order No. 0819-01, Rob Sullivan Park - West Parking Lot Expansion Project, Bid No. 03-19.

COUNCIL MEMBER REPORTS / COMMUNICATIONS

Member Reports/ Communications

A. Mayor and Council Members

B. City Manager

C. City Attorney

DATE OF UPCOMING MEETING / WORKSHOP

A. Regular City Council Meeting September 4, 2019, 6:30 p.m.

ADJOURN

Special City Council Meeting 08/21/2019 Page 2 of 43

If any person decides to appeal any decision made by the City Council with respect to any

matter considered at this meeting or hearing he/she will need a record of the proceedings, and

for such purpose he/she may need to ensure that a verbatim record of the proceedings is

made, which record includes the testimony and evidence upon which the appeal is to be based

(FS 286.0105).

Individuals with disabilities needing assistance to participate in any of these proceedings should

contact the City Clerk at least three (3) working days in advance of the meeting date and time at

(386) 668-2040.

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FA City Council Meeting City of DeBary

AGENDA ITEM

Subject: Final Plat Riviera Bella 8B Attachments: ( ) Ordinance From: Matt Boerger, Growth Management ( ) Resolution ( ) Supporting Documents/ Contracts Meeting Hearing Date

August 21, 2019 (X) Other

REQUEST

Jerome Henin of the Henin Group is seeking final plat approval for Riviera Bella, Unit 8B, which consists

of lots 49-94.

PURPOSE

The Applicant is requesting approval for the purpose of recording the plat and permitting sellable lots.

CONSIDERATIONS

On March 14, 2017 the City of DeBary’s Development Review Committee (DRC) and Planning Staff

authorized the approval of the Riviera Bella East Unit 8-9 Preliminary Plat and Construction Plans.

Pursuant to Section 4-46, Final Plat Review within the LDC, “after the preliminary plat development order

has been issued pursuant to section 4-45, the developer may submit an application for a final plat

development order.” The applicant has satisfied preliminary plat review and is applying for approval for

the Final Plat Review including issuance of development order.

The Applicant’s request for Final Plat approval for Riviera Bella, Unit 8B, includes lots 49-94 of the total

developable 293 units. The Applicant wishes to develop the collective lots into single family homes, as

previously permitted in the Preliminary Plat and Construction Plans approval on March 14, 2017.

Findings of Fact

The City of DeBary Development Review Committee and City Attorney reviewed the request and provide

for the following findings of fact:

All requirements per local and state codes have been addressed; and

The City’s Surveyor, in conformity with Chapter 177 of the Florida Statutes, has reviewed the final

plat and the City Attorney has conducted a legal review of the final plat and the title opinion.

The required infrastructure improvements for this phase of the project have been verified

complete by the City’s Construction Management Inspector in conformance to water distribution

systems, sanitary sewer, grading and paving/drainage systems as specified by approved

construction plans.

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On June 25, 2019, the City’s Development Review Committee reviewed and recommended

approval of the proposed plat.

COST/FUNDING

N/A

RECOMMENDATION

It is recommended that the City Council approve the Final Plat for Riviera Bella, Unit 8B, subject to staff

conditions of approval including the following:

Payment of all required fees, deposits, and costs may be applicable or required pursuant to the

Land Development Code, and other applicable laws, ordinances, and regulations shall be paid to

the City prior to final plat approval and recording. The applicant shall be responsible for all

recording costs associated with the plat and related documents.

The original signed plat mylar and all original executed plat related documents are to be promptly

recorded in the Public Records of Volusia County, Florida, after final plat approval and only after

satisfaction of all conditions of plat approval. Upon recording of the plat and plat related

documents, the applicant shall provide the City with a recorded copy of the plat and plat

documents to evidence proper recording.

It is the responsibility of the entity subdividing the land to ensure that all applicable requirements

of the Land Development Code and Florida Statutes relative to the subdividing and development of

property are met prior to the final plat approval and recording. The lots on the plat shall not be

conveyed unless and until the conditions of approval have been satisfied and the plat as well as the

plat related documents have been fully executed and recorded in the public records.

IMPLEMENTATION

The Plat will be recorded with the Volusia County Clerk of the Courts.

ATTACHMENTS Riviera Bella, Unit 8B, Final Plat

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FA City Council Meeting City of DeBary

AGENDA ITEM

Subject: Fiscal Year 2019-20 First Amendment to the Volusia County Interlocal Agreement for Law Enforcement Services

Attachments: ( ) Ordinance

From: Carmen Rosamonda, City Manager ( ) Resolution (X) Supporting Documents/ Contracts Meeting Hearing Date

August 21, 2019 ( ) Other

REQUEST

City Manager is recommending City Council approval of the Fiscal Year 2019-20 First Amendment to the Volusia County Interlocal Agreement for Law Enforcement Services

PURPOSE

In fiscal year 2018-19, the City Council approved and signed a 3-year Interlocal Agreement with Volusia County for law enforcement services. The cost of providing law enforcement services through Volusia County Sheriff Office for fiscal year 2018-19 was $3,608,275. Attached is the First Amendment to this Interlocal Agreement for the fiscal year 2019-20. The cost of law enforcement services for fiscal year 2019-20 is $3,629,958, a .6% increase. The fiscal year 2019-20 First Amendment provides the same level of service as the previous fiscal year.

COST/FUNDING

The cost for law enforcement services from Volusia County Sheriff Office increased every year for the past four fiscal years, FY2015-16 - 3.33%; FY2016-17 - 6.87%; FY2017-18 - 5.31% and FY2018-19 - 4.25%.

RECOMMENDATION

It is recommended that the City Council approve the Fiscal Year 2019-20 First Amendment to the Interlocal Agreement for Law Enforcement Services.

ATTACHMENTS First Amendment to Interlocal Agreement for Law Enforcement Services

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FA City Council Meeting City of DeBary

AGENDA ITEM

Subject: 651 S US HWY 17-92 Attachments: ( ) Ordinance From: Roger Van Auker TOD & Economic

Development Director ( ) Resolution

( ) Supporting Documents/ Contracts Meeting Hearing Date

August 21, 2019 (X) Other

REQUEST

Consider an offer to purchase the 1.11 acre parcel that the City has marketed for sale

PURPOSE

At the May 15th City council meeting staff was directed to market for sale a city owned parcel in the TOD

area. The agreed upon asking price was set at $275,000.00.

CONSIDERATIONS

The terms of the contract/ offer are as follows:

Purchase price $225,000.00

Deposit $10,000.00

Cash purchase (no financing contingency)

Due Diligence / inspection period 60 days

Closing 90 days not later than November 23, 2019

Staff would provide the results of our due diligence, Phase I environmental study, survey, title

report.

Staff believes these are acceptable terms for this property, in contrast if we were dealing with a larger

tract of land the due diligence period requested would most likely cover a period of time to allow for an

Overall Development Plan (ODP) approval.

COST/FUNDING

This property was purchased in 2015 for $165,000.00, the sale of this property at $225,000 represents

slightly more than a 36% return on investment.

RECOMMENDATION

It is recommended that the City Council: Approve the contract offer to purchase

IMPLEMENTATION

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Execute Contract

ATTACHMENTS

Contract offer to purchase May 15, 2019 Agenda package

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FA City Council Meeting City of DeBary

AGENDA ITEM

Subject: Construction Management and Inspection Services – Rob Sullivan Park – West Parking Lot Expansion – KHARE Construction Services, LLC

Attachments: ( ) Ordinance

From: Carmen Rosamonda, City Manager ( ) Resolution (x) Supporting Documents/ Contracts Meeting Hearing Date: August 21, 2019 ( ) Other

REQUEST

KHARE Construction Services, LLC is requesting approval of Task Order No. 0819-01, Rob Sullivan Park - West Parking Lot Expansion Project, Bid No. 03-19.

PURPOSE

The City requested KHARE Construction Services, LLC to provide Construction Management and Inspection Services as required for the Contract Administration and Quality Control of the parking lot expansion project.

CONSIDERATIONS

KHARE Construction Services, LLC, under a Continuing Contract agreement with the City, has effectively provided similar construction services for numerous City of DeBary construction projects. In summary. Construction Management Services include; preliminary coordination with the Parks Department Staff and the Engineer of Record also the administration of the public bidding process, contract execution, inspection and monitoring the construction operations for compliance with the Contract Documents. KHARE Construction Services, LLC will monitor the Contractor’s Work and evaluate the Work completed for progress payments, final payment and Final Acceptance.

COST/FUNDING

The cost of services included in Task Order 0819-01 is $12,093.75 as described in the attached Scope of Services. Funding for Task Order No. 0819-01 is from the General Fund.

RECOMMENDATION

It is recommended that City Council approve Task Order 0819-01 in the amount of $12,093.75 for Construction Management and Inspection Services to be provided by KHARE Construction Services, LLC for the Rob Sullivan Park – West Parking Lot Expansion Project. ATTACHMENTS Scope of Services

KHARE CONSTRUCTION SERVICES, LLC

Telephone: 407-883-1230 Address: 1457 Mt. Laurel Drive Winter Springs, Florida, 32708 Email: KHARECS@outlook.com

August 9, 2019

Proposal and Scope of Services

Work Order No. KHARE 0819-01 – Rob Sullivan Park – West Parking Lot Expansion Project

City of DeBary - Bid No. 03-19

The cost estimate for Construction Inspection Services under Work Order KHARE 0819-01 is based on the Work required under the Construction Contract for Bid No. 03-19, as Bid.

Construction Management services under Work Order 0819-01 shall include and shall not be limited to

the following;

Pre-Construction Services

Preliminary Planning for Bid Documents – Preliminary coordination of project with Engineer of

Record and City Staff.

Review of Construction drawings. Coordination with other City Projects.

Planning to develop the schedule for Bidding and Coordination with Park activities.

Update electronic Contract files specific to Bid No. 03-19. Prepare Bid Documents – Title Page,

Table of Contents, Instructions to Bidders, Bid Form, Contract, General Conditions, Special

Provisions.

Coordinate with City Staff to post Bid Documents on Vendorlink, DeBary website and newspaper

advertisement.

Conduct Mandatory Pre-Bid Conference

Answer questions from Bidders and prepare Addenda as necessary.

Coordinate and distribute communications to all Bidders simultaneously.

Conduct Public Bid Opening

Tabulation of Bids, review all Bids for compliance with Instructions to Bidders.

Draft Agenda Item for Recommendation of Award.

Attend City Council Meeting and Present Project to City Council for Award.

Prepare Contract documents for execution and distribute to Contractor for signature.

Coordinate City execution of Contract and administration of original Contract Documents.

Construction Phase Services

Monitor and inspect the construction of Parking and Sidewalk Improvements for compliance with Construction Documents provided by the City as produced by Pegasus Engineering to verify compliance with the contract documents.

KHARE CONSTRUCTION SERVICES, LLC

Telephone: 407-883-1230 Address: 1457 Mt. Laurel Drive Winter Springs, Florida, 32708 Email: KHARECS@outlook.com

Measurements for justification of progress payments. Review pay applications and process with Finance Department.

Maintain project files and public records in compliance with contract.

Project closeout, final inspection, final lien releases and recommend final payment to contractor. Cost Estimate for Construction Management Services Pre-Construction Services – Estimated Hours – 55 hours @$112.50 = $6,187.50 Construction Phase Services - Estimated Hours – see breakdown below.

- Forty Five (45) calendar days is the estimated Contract Term. Twenty Five (25) calendar days are estimated to require an on-site inspector.

- Site Inspector – estimated average billable time per day – 1.5 hours.

- Site Inspector – 1.5 hours/day for 25 days = 37.5 hours @ $112.5/hour - $4,218.75.

- Construction Manager – 5 hours – Coordination of project with City Staff and Contractor as

required. 5 hours @$112.50 = $562.50

- Construction Manager – Final Inspection, Final Payment, Final Acceptance. Coordinate with Staff. – 10.0 hours @$112.50 = $1,125.00

SUMMATION - $6,187.50 $4,218.75 $ 562.50 $1,125.00 $12,093.75 ESTIMATED TOTAL COST - $12,093.75 Not Included in Scope of Services The Construction Contractor’s means and methods including site safety and maintenance of traffic for vehicles and pedestrians is not included in this Scope of Services. Additional Work by the Contractor is not included in this Scope of Services unless otherwise directed by the City of DeBary.

END OF PROPOSAL

City of DeBary – Authorized Signature