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City Council Meeting 3/03/03
Monday, March 3, 2003 at 6:00 PM
Frank E. Mackle Jr. Community Park
1361 Andalusia Terrace
Marco Island, Florida
 THE CITY OF MARCO ISLAND
City Council Meeting Agenda

Chairman: E. Glenn Tucker
City Council: John A. Arceri, Heyward E. Boyce,  Terri DiSciullo, Vickie Kelber,  Michael F. Minozzi, S. Jeannette K. Patterson  
City Manager:  A. William Moss
City Clerk: Laura Litzan                                         City Attorney: Rich Yovanovich

Regular Meeting
                               Monday, March 3, 2003, 6:00 PM
Frank E. Mackle Jr. Community Park,1361 Andalusia Terrace
Marco Island, Florida


Notice: Formal action may be taken on any item discussed or added to this agenda.  Any person who decides to appeal any decision made by the City Council with respect to any matter considered at this meeting or hearing will need a record of the proceedings and 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 heard.

1.  ROLL CALL
2.  INVOCATION AND PLEDGE OF ALLEGIANCE

To be determined.

3.  APPROVAL OF AGENDA

4.  APPROVAL OF MINUTES

(A)     Council Minutes for February 18, 2003 (Regular Meeting)

5.  PRESENTATIONS
        
        (A)     FY 2002 Annual Financial Report.

6.  BUSINESS

DISCUSSION  Appointment to the Planning Board.

DISCUSSION  Pedestrian Beach Access at Northern Boundary of Marco Beach Resort PUD (Marriott / Mass Mutual Property).

DISCUSSION  Determination of Spending Cap for Fiscal Year 2004 Relative to the Purchase of City Hall.

DISCUSSION  Award of Contract  Goodland Drive Pathway Improvements.

DISCUSSION  Award of Contract  Engineering Services for North Barfield Bridge Replacement.

DISCUSSION  Local Law Enforcement Block Grant.

DISCUSSION  Performance Appraisal of City Manager.

6.   COUNCIL COMMUNICATIONS AND DISCUSSION
7.   FUTURE AGENDA

8.   PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

9.  ADJOURN


We encourage our citizens to participate in the governing of Marco Island.  Public comments are appreciated.  We respectfully ask our citizens to be courteous, and to respect the rights of others to petition City Council and express their opinions.  We also ask that Public comment be limited to four minutes.

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date: March 3, 2003

Agenda Item:                                                                                Prepared By: Vladimir A. Ryziw, P.E., PMP, Director
                       6(E)                                                                       Date: February 26, 2003      
Agenda Section:                                                                          
Business  Discussion   
Subject:   Approve Engineering Design Contract                         Department:  Public Works                                                 
                For North Barfield Drive Bridge         
        
BACKGROUND:

Replacement of the existing North Barfield Drive Bridge (No. 034115) over Marco River Inlet has been authorized by City Council as part the Five-Year Capital Improvement Program (CIP). Funds for design and construction are budgeted in fiscal years 2003 and 2004, respectively.   A staff Consultant Selection Committee evaluated and ranked qualification proposals by six engineering firms in accordance with Florida Statute 287.055 (which is commonly known as the Consultants Competitive Negotiations Act) and determined that Tampa Bay Engineering, Inc. is the most qualified design consultant.  

Design fee negotiations have been concluded with Tampa Bay Engineering, Inc. on the basis of compensation and staffing guidelines set forth by the State of Florida Department of Transportation and the Florida Institute of Consulting Engineers. The total recommended design contract fee is $139,805.78 as itemized below:
                    
(1) $ 95,375.78:    Structural engineering, roadway and drainage designs.                                           
(2) $   1,500.00:    Out-of pocket reimbursable expenses, including printing.                                                       
(3) $   2,500.00:    Public involvement support services.   
(4) $ 11,000.00:    Channel and inlet hydraulics; storm and scour analyses.
(5) $ 10,000.00:    Geotechnical (soils) analyses and foundation designs.
(6) $   8,600.00:    Channel, inlet and roadway land surveying.
 ---CIP subtotal (items 1-6 above) comprising of bridge, roadway and drainage designs:     $128,975.78      
---Basic services for coordination / accommodation of utilities supported by Sewer Fund:   $    3,330.00               
                              
                              TOTAL BASIC SERVICES, LUMP SUM FIXED PRICE AMOUNT:   $132,305.78    
  
To account for the possible need to replace the existing seawall bordering the future bridge replacement, a contingency (set aside) engineering fee amount of $7,500.00 should be included in the design contract. Basic services and the contingency result in a recommended contract fee of $139,805.78. The available CIP and Sewer Fund budget amount of $123, 330.00 will be supplemented with surplus funds from other projects and/or the CIP contingency to support the $139,805.78 contract fee.   

Additionally, the basis for fee negotiations and exclusionary items are outlined in Attachment “A”.
                                                                                          
RECOMMENDED ACTION: Authorize the City Manager to process and execute the Citys standard Consulting Engineering Services Agreement with Tampa Bay Engineering, Inc.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           

Council Action:           Motion by:                                                                                 Second by:         

ATTACHMENT “A”

Agenda Item:                                                                                Prepared By: Vladimir A. Ryziw, P.E., PMP, Director
                                                                                                    Date: February 26, 2003    
Agenda Section:                                                                          
Business  Discussion   
Subject:   Approve Engineering Design Contract                         Department:  Public Works                                                 
                For North Barfield Drive Bridge         

The basis for the total negotiated design fee in the amount of $139,805.78 includes the following:

1.      Single phase construction for replacement of the existing bridge to remain cost effective and to maximize public safety by eliminating traffic flows through a critical construction zone.

2.      Closure of Barfield Drive at the existing bridge location resulting in a detour. The Waterways Advisory Committee unanimously endorsed the recommended detour.

3.      Preparation of a maintenance of traffic plan including provisions for the roadway detour to be provided by the bridge contractor in lieu of Tampa Bay Engineering, Inc.

4.      Contingent design fee in the amount of $7,500.00 to account for the possible design of a new seawall system during bridge replacement activities.  Final determination for this work shall be rendered by the consultant during geotechnical explorations and analyses.

5.      Engineering design and preparation of construction plans for a proprietary retaining wall system, if deemed necessary, shall be provided by the contractors specialty engineer.

6.      Elimination of a multi-phased bridge construction activity resulting in design and construction cost savings, including the avoidance of a temporary traffic signal system to control two way traffic on a single lane roadway condition on North Barfield Drive.

7.      Utility coordination support services to be provided by City staff.

8.      Environmental and operational permitting support services to be provided by the Citys staff Environmental Technician.

9.      Landscape architecture designs and plans are not a part of the consulting scope of services.  Staff shall endeavor to secure a transportation enhancement grant to fund landscape and streetscape improvements at the new bridge location.

10.     Roadway lighting designs and plans are not a part of the consulting scope of services.  Staff shall endeavor to secure a transportation enhancement grant to fund specialty architectural lighting improvements at the new bridge location.

11.     Maintain existing vertical bridge clearance for navigation purposes.

12.     Functional and operational bridge designs to be similar to the recently constructed Factory Bay Bridge on North Barfield Drive at the Redwood Court intersection.

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date: March 3, 2003

Agenda Item:                                                                            Prepared By: Vladimir A. Ryziw, P.E., PMP, Director
                         6(D)                                                                  Date: February 26, 2003                                                                                                                                                                                                                                                                                  
Agenda Section:                                                                          
Business   Discussion  
Subject:   Construction Contract Award For                             Department:  Public Works                                                 
                Goodland Drive Pathway Improvements     
        
BACKGROUND:
Four local contractors recently submitted sealed bids for construction of pathway improvements along Goodland Drive (CR 92A) from the city line north to San Marco Road. A low bid was received from Bonness, Inc. in the amount of $203,694.75. The second low and highest bids were received from Better Roads, Inc. and Florida State Underground, Inc. in the amounts of $255,601.75 and $278,996.21, respectively.

The preferred design for pathway improvements, which has been endorsed by the Goodland Civic Association on several occasions, includes five-foot wide concrete pathways on each side of Goodland Drive separated three feet from the roadway edge of pavement.  In consideration that the low bid by Bonness, Inc. is approximately $76,300.00 above the available unexpended budget amount of $127,396.00, the final engineering (bid) plans were revised to reflect community desires as stated above, and the construction scope of work was also reduced resulting in a substantial reduction in construction costs.  The recommended contract award amount is $134,882.09. Design revisions and construction scope changes attributable to the $68,813.00 cost reduction include the following:

        1.      Elimination of a twelve-inch limerock stabilized subgrade.
        2.      Pathway separation from the roadway from six feet to three feet.
        3.      Reduction in land clearing and costly trimming of existing mangrove vegetation.
        4.      Elimination of a pathway along the Barge Marina frontage.
        5.      Partial elimination of a stake silt fence along both sides of Goodland Drive.
        6.      Hydro-seed grassing applications in lieu of Bahia sod installations.
        7.      Watering for grass establishment to be provided by the City, if required.
        8.      Reduction in land surveying efforts due to some of the above revisions.

The above cost negotiations, conducted in accordance with the bid specifications, was favorably concluded resulting in the retention of five foot pathways on each side of Goodland Drive as desired and endorsed by the Goodland Civic Association. Bonness, Inc. is determined to be the lowest and most responsible bidder and, through the cooperation of its management, the pathway project will provide the intended improvements without deletion of a pathway on either side of Goodland Drive. A 5% contingency
added to the recommended contract award amount of $134,882.09 results in an amended project budget of $141,626.19 or an increase of $12,752.19 above the fiscal year budget of $128,874.00.    

RECOMMENDED ACTION: Contract award to Bonness, Inc. and authorization for the City Manager to execute the construction agreement.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  March 3, 2003

Agenda Item:     6(A)                                                                    Prepared By:  A. William Moss, City Manager
                                                                                                    Date: February 6, 2003     
Agenda Section:                                                                          
Business:   Discussion  
Subject:   Appointment to the Planning Board                             Department:  City Council      
        

BACKGROUND:

On February 3, 2003 City Council directed staff to advertise for the vacant position on the Planning Board due to the resignation of Mr. James L. Schiering.  Vice-Chair Minozzi appointed Mr. Schiering; his unexpired 4-year term ends in March, 2004.

The resumes of the interested citizens who have applied for the position are attached for consideration.  

RECOMMENDED ACTION:  

Motion by Vice-Chair Minozzi to nominate (citizen name) for appointment to the Planning Board.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  March 3, 2003

Agenda Item:                                                                                Prepared By:   William P. Harrison
                        6(C)                                                                     Date:                 February 12, 2003       
Agenda Section:  
Business:                 DISCUSSION    
Subject:                                                                                         Department:     Finance
Determination of Spending Cap for Fiscal Year 2004
  Relative to the Purchase of City Hall                 
        
BACKGROUND:  In January 2003, the City Council established policies for determination of the Spending Cap based on the results of the September 2002 Referendum.  The single remaining issue concerns the purchase of the City Hall in Fiscal Year 2001.  City Council approved a budget amendment for that purchase, and the 2002 and 2003 Spending Caps were based on the amended 2001 budget including the City Hall. In the attached memorandum from the Finance Director, we have identified five separate options for City Council to consider in determining the Spending Cap for Fiscal Year 2004 as we begin budget preparation for next year.  As a reference point, the Spending Cap for Fiscal Year 2003 is $14,689,100.

OPTION ONE:  Recognize the prior and current City Councils determination of the Spending Caps for Fiscal Years through 2003. Apply the allowable increase to the 2003 Spending Cap to determine the Spending Cap for 2004.  SPENDING CAP FOR FISCAL YEAR 2004:  $15,335,420.

OPTION TWO:  Accept the position that the 2001 City Hall purchase should not have been included in the calculation of following years Spending Caps.  The Fiscal Year 2004 Spending Cap, from above, is reduced by $1,497,008 (the original budget amendment of $1,275,000 increased by three years worth of allowable increases in the cap).  SPENDING CAP FOR FISCAL YEAR 2004:  $14,038,412.

OPTION THREE:  Use the original budget for Fiscal Year 2001 as the starting point (prior to the budget amendment for the purchase of the City Hall) and remove all items exempted from the Spending Cap by the September 2002 Referendum.  Then, apply the allowable annual increases to determine the Spending Cap.  SPENDING CAP FOR FISCAL YEAR 2004:  $14,391,333.

OPTION FOUR:  Use the final amended budget for Fiscal Year 2001 as the starting point and remove the $1,275,000 budget amendment for the Purchase of City Hall.  Add back to the budget the $985,000 borrowed for the construction of the Factory Bay Bridge as the 2001 budget would have been higher by that amount had borrowing been built into the original budget.  Remove budgeted items now exempt from the cap and factor in allowable increases to 2004.  SPENDING CAP FOR FISCAL YEAR 2004:  $15,068,802.

OPTION FIVE:  In the preparation of the 2001 budget, staff was directed to reduce the budget to include the donation of the sewer system on the island from the County.  Under current rules, the sewer fund is exempt from the Spending Cap and the original budget did not need to be reduced.  Use the final amended budget for Fiscal Year 2001 as the starting point and remove the $1,275,000 budget amendment for the purchase of City Hall.  Add back the $775,000 Sewer Fund.  Remove budgeted items now exempt from the cap and factor in allowable increases to 2004.  SPENDING CAP FOR FISCAL YEAR 2004:  $14,822,236.

POLICY ISSUE:  The above options include as policy the authority of the City Council to make budget adjustments during the course of a fiscal year as long as the Spending Cap is not violated.  A case in point is the Factory Bay Bridge, where the project was originally budgeted to be built using cash reserves, but ended up being financed through the Florida Loan Pool.  All changes from the original budget adopted by the City Council must be approved by the Council, with Council provided with a full explanation of the change and any impact on current or future years Spending Caps.


RECOMMENDED ACTION:  City Council is requested to review the above options and direct staff in the preparation of the Spending Cap for Fiscal Year 2004.  The determination of the Spending Cap will have a significant impact on the 5-Year Capital Improvement Program.  The above options have a spread of  $1.3 million in the Spending Cap for 2004.  Without consideration of the annual allowable increases in the Spending Cap, the following tabulation shows the effect of changes to the Spending Cap on our 5-year Capital Improvements Program, providing financing for basic infrastructure capital needs:


            OPTION ONE:       NO EFFECT
            OPTION TWO:       $(7,485,041)
            OPTION THREE:   $(4,720,435)
            OPTION FOUR:     $(2,333,090)
            OPTION FIVE:       $(3,565,920)                    


Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  


REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  March 3, 2003

Agenda Item:   6(G)                                                                      Prepared By:  A. William Moss, City Manager
                                                                                                    Date:  February 24, 2003   
Agenda Section:                                                                          
Business:  Discussion   
Subject:    City Manager Performance Review                            Department:  City Council        
        

BACKGROUND:

On January 21, 2003 City Council asked the City Manager to provide a self-appraisal prior to the annual performance review.

The City Manager has submitted to City Council a summary of organizational accomplishments and a self-assessment of performance in eight broad areas deemed significant for an effective city manager.  

City Council has decided to utilize a performance review process that best suits each individual Councilor.  In the past, Councilors have selected various performance review methods, including individual meetings, written performance reviews, or forms based on a graphic rating scale as a performance-based assessment.

The City Managers employment anniversary date is March 16th.

RECOMMENDED ACTION:

Conduct Performance Review.


Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  March 3, 2003

Agenda Item:  5(A)                                                                       Prepared By:     William P. Harrison
                                                                                                    Date:                  February 25, 2003   
Agenda Section:                                                                          
Business:                    PRESENTATION       
Subject:     Annual Financial Report                                             Department:       Finance      
        

BACKGROUND:  Florida State law requires that the financial records of cities be audited on an annual basis by auditors retained by the City Council.  Council has retained the auditing firm of Purvis Gray & Company to conduct the audit.  These auditors are hired by and report to the City Council, not the City staff.  

The annual financial report for the City of Marco Island for the fiscal year ended September 30, 2002 is submitted herewith.  This report was prepared by the Citys Finance Department and the responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the City.  We believe that the data as presented is accurate in all material aspects and fairly sets forth the financial position and results of operation of the City.  We believe that all disclosures necessary to enable the reader to gain the maximum understanding of the Citys financial affairs have been included.

We are pleased to report that the auditors, in their review of the financial records of the City, did not find any weaknesses in our accounting system which would require management letter comments.  

RECOMMENDED ACTION:  After the presentation by Purvis, Gray & Co., it would be appropriate to move, second, and have a positive vote of the City Council to accept the Comprehensive Annual Financial Report of the City of Marco Island for the Fiscal Year Ended September 30, 2002.   

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  

REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  March 3, 2003

Agenda Item:                                                                                Prepared By:  K. Greg Niles
                     6(B)                                                                        Date:   February 25, 2003     
Agenda Section:       Discussion                                                                   
Business:       
Subject:           Pedestrian Beach Access at Northern                 Department: Community Development
                       Boundary of Marco Beach Resort PUD
                        (Marriott/Mass Mutual property)        
        

BACKGROUND:

Per a request from Councilwoman DiSciullo, Council has agreed to have this item placed on the agenda for consideration.

One of the Additional Commitments contained in the approved Marco Beach Resort PUD reads as follows:

"A 15-foot wide strip of land adjacent to the northern project boundary will be reserved along the projects northern boundary for a period of ten years (the "Reservation Period") from the date of approval of this PUD.  The Reservation Period may be extended for up to two additional 5-year periods by approval of the City Council.  This strip of land may be used to accommodate pedestrian beach access should the majority of the City Council vote to approve such access during the Reservation Period.  Should an affirmative vote not occur during the Reservation Period, the reservation shall expire and become null and void.  In the event City Council votes to approve the use of this strip of land for pedestrian beach access, the City staff will work with the Resort Hotel Parcel Owner to develop appropriate security measures and safety mechanisms to address aesthetic, public nuisance, trespass and illegal vehicular parking issues.  Any costs involved with improving the beach access or providing security or safety mecchanisms shall be the responsibility of the City of Marco Island."

Should City Council desire to use the strip of land for pedestrian beach access, a motion to do so would be appropriate.  Staff is ready to work with the Resort Hotel owner to develop a strategy for improving the accessway such that it becomes a community asset.  It may also be prudent to incorporate some design elements in conjunction with the pending design efforts for South Collier Boulevard.  


RECOMMENDED ACTION:

Discussion; motion to approve use of the strip of land for pedestrian beach access, if desired.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  


REQUEST FOR CITY COUNCIL CONSIDERATION

Meeting Date:  March 3, 2003

Agenda Item:                                                                                Prepared By: Roger Reinke, Police Chief
                         5(F)                                                                     Date: February 26, 2003      
Agenda Section:  
Business:  Discussion   
Subject:  Local Law Enforcement Block Grant                             Department:  Police
       
        

BACKGROUND:

The Florida Department of Law Enforcement has awarded a Local Law Enforcement Block Grant in the amount of $10,000 in federal funds to the Marco Island Police Department.  A local match of $1,112 is required.   This grant money will be utilized to fund overtime for the purpose of increasing the number of hours worked toward reducing illegal drugs in our City.  This is the second year we have received this grant.  In 2002 grant funds were used for drug investigations, interdiction efforts and education and awareness campaigns.

RECOMMENDED ACTION:

Acceptance of the grant award.

Reviewed by Department Director                                                                               Reviewed by City Manager                                                           
Council Action:           Motion by:                                                                                Second by:  





City of Marco Island 50 Bald Eagle Drive, Marco Island, FL 34145
Phone: 239-389-5000 Fax: 239-389-4359