Regular Meeting
Monday, December 4, 2006, 6:00 PM
Frank E. Mackle Jr. Community Park, 1361 Andalusia Terrace
Marco Island, Florida
Chairwoman: Terri DiSciullo
City Council: Ted Forcht, Chuck Kiester, Michael F. Minozzi Jr.,
Robert J. Popoff, William D. Trotter, E. Glenn Tucker
City Manager: A. William Moss
City Clerk: Laura Litzan City Attorney: Rich Yovanovich
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Kyle Bennett, St. Marks Episcopal Church
3. APPROVAL OF AGENDA
4. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
5. CONSENT AGENDA
All matters listed under this item are considered routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of Council, that item(s) will be removed from the Consent Agenda and considered separately.
(A) Council Minutes for November 6, 2006 (Regular Meeting)
6. PRESENTATIONS
7. BUSINESS
(E) RESOLUTION – Public Hearing – Petition V-06-03, James E. Boughton of Boughton Architects, Inc., representing Anthony J. Iannotta, James McGregor, and Leonard J. Bubri, petitioners, requesting a 10-foot variance from the 20-foot minimum landscape buffer and screening requirements along a public right-of-way, in order to provide a 10-foot landscape buffer along Bald Eagle Drive and Hartley Avenue, in conjunction with plans to construct a new three story commercial building on property described Lot 1, Lock 35, Marco Beach Unit 1, also known as 515 Bald
Eagle Drive.
8. COUNCIL COMMUNICATIONS AND DISCUSSION
9. FUTURE AGENDA
10. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
11. 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. The timekeeper located on the City Clerk’s desk is there to assist citizens with keeping track of the four-minute public comment period. The green light will change to a flashing green light when the speaker has two minutes remaining; the light will turn yellow when one minute remains; the light will turn red and a tone will sound when time has expired.
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 5(B) Prepared By: A. William Moss, City Manager
Date: November 27, 2006
Agenda Section:
Consent
Subject: City Council 2007 Schedule Department: City Council
BACKGROUND:
The City Charter requires that City Council schedule a minimum of twelve regular meetings each year. Attached for discussion is a proposed schedule of City Council meetings for 2007. When the first or third Monday falls on a federal holiday the meeting is scheduled for the following Tuesday.
The first meeting in July has been deleted, anticipating that Council will elect to schedule a two-week summer recess. The second meetings in November and December have been deleted, anticipating that Council will elect to schedule a recess during the Thanksgiving and Christmas holidays. During the year, City Council may schedule special-called and workshop meetings whenever necessary.
RECOMMENDED ACTION:
Adopt the City Council 2007 meeting schedule.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 5(C) Prepared By: William P. Harrison
Date: November 10, 2006
Agenda Section:
Business: CONSENT AGENDA
Subject: Department: Finance
PUBLIC HEARING ON UTILITY RATES
BACKGROUND: City Council is requested to consider scheduling a public hearing on utility rates for the second City Council meeting in January 2007.
In prior action, the City Council approved a reduction in the assessment costs of the Septic Tank Replacement Program by removing the costs of street re-surfacing at the end of the construction work. Transferring those costs to the portion of the Water / Sewer Enterprise Fund financed by the rate base will require an increase in water and sewer rates of two percent (2%) annually, over and above annual cost indexing, for each of the next four years.
Florida state law requires that utility customers be informed of any rate increases and have the opportunity to provide input to the City Council at a public hearing. Recommendation is made to provide notification of rate increase to utility customers in their Marco Island Utility bills of December 15th and January 1st. The public hearing would then follow at the second City Council meeting in January, with the 2% rate increase to be effective with utility bills mailed on February 1st.
City staff is in the process of developing an analysis of rates charged for re-use water. That study will be completed and available for review and action by the City Council at this public hearing.
RECOMMENDED ACTION: Direction to staff to provide proper notice and schedule a public hearing on utility rates for the City Council meeting of January 22, 2007.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 5(D) Prepared By: William P. Harrison
Date: November 8, 2006
Agenda Section:
Business: CONSENT AGENDA
Subject: Department: Finance
CAPITAL PROJECTS CARRY FORWARD TO FISCAL YEAR 2007
BACKGROUND: City Council is asked to consider approval of the carry forward of funds for capital projects budgeted in 2006 to be completed in 2007.
The fiscal year of the City of Marco Island runs from October 1st through September 30th. Each year, a number of capital projects budgeted in one fiscal year are not able to be completed. Funds remaining for those approved capital projects need to be carried forward to the new fiscal year with budgets established based on funds available to complete the projects.
For purposes of compliance with the Spending Cap, the actual expenditures on capital projects covered by the Spending Cap are added to the balances carried forward at the end of the fiscal year. The balances carried forward are not counted a second time against the cap in the new fiscal year. This practice is in compliance with the Council's expression of legislative intent in Resolution 03-03.
Budget amendments during the course of the fiscal year are approved by the Council on consent agenda. At the end of each fiscal year, Council is requested to approve a budget re-appropriation ordinance that contains all of the budget amendments approved during the year.
RECOMMENDED ACTION: Approval of funds for uncompleted capital projects to be carried forward to the new fiscal year.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 5(E) Prepared By: Dana Souza
Date: November 22, 2006
Agenda Section:
Business:
Subject: Award of Contract for Landscape Architecture Department: Parks & Recreation
and Civil Engineering Services
BACKGROUND:
City Council is asked to authorize the City Manager to enter into contracts with engineering and landscape architecture firms to provide miscellaneous design services as required by the Parks and Recreation Department.
The Parks and Recreation Department has on-going needs for Civil Engineering and Landscape Architectural services to support its CIP goals in such areas as landscaping, parks comprehensive master planning, playground and Athletic facilities and equipment design, and recreational facility designs.
Florida Statute 287.055, the Consultant's Competitive Negotiation Act, directs that all selection of consultants must be based on qualifications and not on cost. This is accomplished through the process of issuing an RFQ to obtain submittals from interested firms, the creation of a scoring committee which meets first to understand the objective of the RFQ, the independent scoring of each submittal by each individual on the scoring committee, the consolidation of those scores, and a final meeting to review the results of that scoring and to recommend which firm or firms are to be presented to City Council for the award of a contract.
RFQ 07-001 was advertised and the RFQ document sent to 53 Landscape Architects and Engineering firms. The scoring committee was selected and was comprised of individuals from Parks and Recreation, Public Works and Community Development.
For the classification, Landscape Architecture, ten firms submitted their qualifications. The selection committee recommends the following firms to be awarded contracts.
McGee and Associates
Goetz + Stropes Landscape Architects, Inc.
Wilson-Miller
Kimley-Horn and Associates
The committee further recommended that Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart Community Planners be awarded a contract for a separate specialty category, Open Space Comprehensive Planning.
For the Classification, Civil Engineering, six firms submitted their qualifications and the selection committee recommend the following firms to be awarded contracts.
American Engineering Consultants of Marco Island
Kimley-Horn and Associates
Hole Montes
Authorizing the City Manager to execute contracts with the above listed firms does not commit City funds for any specific project. The contract places these firms on retainer for future projects. Fees for each project will then be negotiated with one of the contracted firms as required by the Florida Statute 287.055, the Consultant's Competitive Negotiation Act.
RECOMMENDED ACTION:
Authorize the City Manager to enter into contracts with the above named firms to provide miscellaneous engineering and landscape architectural services as required.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 5(F) Prepared By: Dana A. Souza
Date: November 22, 2006
Agenda Section:
Business:
Subject: Award of Contract - Mackle Park Design - Phase 2 Department: Parks and Recreation
BACKGROUND:
City Council is asked to award the Mackle Park Phase 2 design contract to American Engineering Consultants.
Phase 2 Construction includes: piping and filling of the Mackle Lake finger ditch, construction of filter marsh and butterfly garden, pedestrian bridge, relocation of soccer field, shuffleboard courts, sand volleyball court, border trees.
American Engineering has a term contract with the City for Parks and Recreation design services (provided City Council approves the item "Award of Contract for Landscape Architecture and Civil Engineering Services" on the December 4, 2006 agenda). Goetz and Stropes Landscape Architects, the firm that developed the Mackle Park Master Plan will serve as a sub-consultant to American Engineering.
City Council is asked to award the base contract in the amount of $96,500. and authorize the City Manager to increase the contract amount for the following optional services if needed: Supplemental Permitting $10,000, Subsurface Investigation $6,000, Additional Public Meetings $2,000 (more than 1), Reimbursable Plan submittals $2,000.
Funding is available in the Mackle Park Improvement account. The City has received a $200,000 grant from the State of Florida to assist with Phase 2 construction. The State issued their "Notice to Commence" on September 11, 2006 (attached).
If approved by City Council, the design work will begin immediately.
RECOMMENDED ACTION: Award base contract to American Engineering in the amount of $96,500 and authorize the City Manager to amend the contract to include optional services if needed, with the total contract not to exceed $117,500.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 5(G) Prepared By: Rony Joel, Public Works Director
Date: November 28, 2006
Agenda Section:
Business: Discussion
Subject: Contract Award for Repair of Utility Facilities Department: Marco Island Utilities
BACKGROUND:
City Council is asked to award a contract for repair of utility facilities impacted by Hurricane Wilma.
Following Hurricane Wilma a number of various damages (roofing/doors/windows/ceiling/hatches/etc.) were identified throughout the Marco Island Utilities facilities (North and South Water Treatment Plants, and Raw Water Facility, Marco Island Wastewater Treatment Plant). At that time, a significant effort was made to receive three quotes from various contractors to perform individual miscellaneous repairs and meet the pricing documentation required by FEMA. This method was not successful for obtaining contractors to complete the work.
A Request for Bid (RFB) was issued for a General Contractor to oversee and complete all of the repairs.
Included in the bid package were additional required repairs to the RO Plant facility building (two roof repairs resulting from equipment failure) and the Lime Softening Water Treatment Plant sludge building (replacement of three severely deteriorated side beams). Three bids were received:
Hurricane Repairs
Repairs Other Total__
Quality Enterprises USA, Inc. $ 250,522 $ 43,065 $ 293,587
Norstar Construction, Inc. $ 214,272 $ 57,600 $ 271,872
Mitchell & Stark $ 282,000 $ 74,000 $ 356,000
The apparent low bidder is Norstar Construction, Inc. at $ 271,872.
FEMA will reimburse the City 75% ($183,984) of the hurricane repair cost of $214,272. The balance of the Hurricane Repair and the total of the Other Repairs will come from the FY07 utility contingency fund.
RECOMMENDED ACTION:
Authorize the City Manager to enter into a contract with Norstar Construction Inc. to perform Hurricane Wilma Repairs with options for the Marco Island Utilities facilities with a not to exceed limit of $271,872.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 5(H) Prepared By: Rony Joel, Public Works Director
Date: November 22, 2006
Agenda Section:
Business: Discussion
Subject: Residential Sewer Connection Department: Public Works
BACKGROUND:
City Council is asked to consider the award of contract to the most qualified contractor for the connection of residential homes to the new gravity sewers.
The construction work for the 2006 sewer districts is almost complete and the system will soon be "available" for residential connections. It is the responsibility of each property owner to connect within 90 days from the notice of availability (Code of Ordinance Section 18-80). Connection to the system will require permits to be obtained, the lateral line installed in accordance with City plumbing codes and the existing tank abandoned in a Collier County Department of Health (DOH) approved manner.
Due to the significant number of connections to be made, and the City's desire to ensure that the work is completed as required with a minimal amount of disruption to citizens, City staff recommends hiring and managing a contractor to perform the connection process. City staff prepared detailed construction specifications and publicly requested Letters of Interest from licensed and experienced plumbing contractors. The Letters of Interest included pricing schedules, project approach, details of experience and references consistent with Florida Procurement Regulations.
Property owners will be offered the choice of (1) City to manage the pre-qualified contractor for their connections and tank abandonment or (2) declaring that they will obtain their own contractors. It is staff's opinion that most property owners will benefit by using the City's pre-qualified contractor, in that the City (1) has set the construction standards, which include hand excavation and landscape restoration, (2) will oversee the project to ensure the performance to those specifications and, (3) has eliminated the need for the property owner to independently locate and negotiate with contractors and obtain the necessary City and DOH permits. It is also expected that the City's negotiated rates will be lower than those available to property owners from outside contractors.
In addition, in an agreement with the Collier County Health Department, the standard tank abandonment permit fee will be waived for those properties for which the City manages the abandonment program. This results in additional savings of time and money to the property owners who select the City to manage their connection.
Letters of Interest were received from three contractors: Quality Enterprises USA, Inc., Rohaley & Sons Plumbing Contractors, and DBE Plumbing Contractors.
A Committee of five representatives from Public Works and Utilities reviewed the submittals using a combination of experience, approach, and price based evaluation system. The committee compared the resulting scores and reviewed the reference checks that were performed.
It was the unanimous decision of the Committee that the contract be awarded to Rohaley & Sons Plumbing Contractors. This firm has successfully performed sanitary connection type work for many local municipalities.
Based on the low bid pricing submitted by Rohaley & Sons, the cost for a typical home site that requires a 35 foot lateral from the home to the main, plus the decommissioning of the septic tank will be $1,650.
Each property owner who chooses to have the City manage the sewer connection and septic tank abandonment will be required to execute an agreement with the City outlining the obligations of the City and the property owner. The City will only accept the responsibility for this option if the property owner accepts the terms and conditions developed by the City Attorney.
RECOMMENDED ACTION:
Authorize the City Manager to enter into a contract with Rohaley & Sons Plumbing Contractors for sewer connection services as requested by individual property owners.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 5(I) Prepared By: Roger Reinke, Chief of Police
Date: December 4, 2006
Agenda Section:
Business:
Subject: Award of Contract-Furniture Department: Police
BACKGROUND:
Staff recommends an award of contract with KI (Krueger International) to purchase furniture for the new police station and community meeting room. The total award is not to exceed $140,000.
The following chart outlines the projected expenditures for all furniture in the new civic facility:
Projected Expenditures
Community Meeting
Room Areas Police
Furniture 44,091.15 78,882.57
Freight 436.55 881.83
Installation 3,000 7,137
Sub-Total 47,527.70 86,901.4
Total 134,429.10
There are two funding sources for these monies. Funds for the furniture in the community meeting room areas will be allocated from the building construction account. Funds for the furniture in the police department will be allocated from federal asset forfeiture funds. The use of federal asset forfeiture funds is restricted to specific law enforcement functions and the purchase of police department furniture is an approved use.
KI, also known as Krueger International, is an authorized vendor under the State of Florida Department of Management Services furniture contract (425-001-06-1). All prices are at or below state contract prices and therefore, competitive bidding is not required.
RECOMMENDED ACTION:
Approve award of contract not to exceed $140,000 from the aforementioned funding sources.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 5(J) Prepared By: A. William Moss, City Manager
Date: November 29, 2006
Agenda Section:
Consent
Subject: Approval of Staging Area Agreement Department: Public Works
975 Chalmer Drive
BACKGROUND
City Council is asked to authorize the City Manager to execute a Staging Area Agreement for the use of Lot 4, Block 778, Replat of a portion of Marco Beach Unit Four, located at 975 Chalmer Drive. The property is zoned C-5.
Cedar Bay Real Estate, LLC recently acquired the Cedar Bay Marina. The acquisition included a parcel located at 975 Chalmer Drive. The property owner intends to seek appropriate permits to expand the marina's dry storage area. The owner is also negotiating with the City to exchange this parcel for property owned by the City where the old fire station is located on Elkcam Circle.
The owner has agreed to allow the City and its contractors to temporarily use the Chalmer lot as a staging area for materials and equipment associated with roadway improvements. The Agreement and Temporary Construction and Access Easement are attached.
RECOMMENDED ACTION:
Authorize the City Manager to execute the Staging Area Agreement - 975 Chalmer Drive.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 4, 2006
Agenda Item: 6(A) Prepared By: A. William Moss, City Manager
Date: November 27, 2007
Agenda Section:
Presentations
Subject: Employee Longevity Awards Department: City Manager
and Bonuses
BACKGROUND:
At the meeting of November 1, 2005, City Council authorized that all employees with five or more years of service would receive a $2,000 longevity bonus and special recognition at a City Council meeting. Thereafter, as each employee attains a five-year increment (5, 10, 15, 20 etc.) the employee would receive a $2,000 bonus from City Council.
The following employees are to be recognized for their years of service to the City of Marco Island:
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