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: [email protected]
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: [email protected]
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
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