City of Marco Island - Regular Meeting - April 7, 2003

THE CITY OF MARCO ISLAND

City Council Meeting April 7, 2003 4:30 p.m.

Chairman Tucker called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Richard Yovanovich, City Attorney

Greg Niles, Community Development Director

Bill Harrison, Finance Director

Ladd Ryziw, Public Works Director

Dana Souza, Recreation Coordinator

Laura Litzan, City Clerk

Other interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Greg Niles, Community Development Director

APPROVAL OF AGENDA

MOTION by Councilwoman Patterson to APPROVE THE AGENDA. Second by Councilwoman Kelber. Motion carried 7-0.

APPROVAL OF MINUTES

MOTION by Councilwoman Patterson to APPROVE THE MINUTES FOR MARCH 17, 2003. Second by Councilwoman Kelber. Motion carried 7-0.

(A) RESOLUTION A Resolution Identifying the Parcels and Interest to be Acquired in Connection with the Acquisition of the Water and Wastewater Utility Assets of Florida Water Services Corporation.

(Editorial History: On February 19, 2002 City Council adopted a resolution to initiate eminent domain proceedings to acquire the Marco Island water and sewer systems from Florida Water Services Corporation. Council further authorized the City Manager to offer the sum of $90 million to Florida Water Services Corporation. The offer was submitted, but the City has received no response.

City of Marco Island

City Council Minutes for April 7, 2003 (4:30 p.m. meeting)

The Citys condemnation counsel, Oliver, Hicks & Schreiber, P.A., recommends that City Council adopt another resolution to ratify and re-adopt the original resolution and to list the real property to be acquired through the acquisition by the use of eminent domain.)

Mr. Moss read, by title only, a resolution Identifying the Parcels and Interest to be Acquired in Connection with the Acquisition of the Water and Wastewater Utility Assets of Florida Water Services Corporation. There was no public comment.

MOTION by Councilman Boyce to APPROVE THE RESOLUTION IDENTIFYING THE PARCELS AND INTEREST TO BE ACQUIRED IN CONNECTION WITH THE ACQUISITION OF THE WATER AND WASTEWATER UTILITY ASSETS OF FLORIDA WATER SERVICES CORPORATION. Second by Councilwoman Kelber. Motion carried 7-0.

(B) RESOLUTION Initial Assessment Resolution District IV Sidewalk Assessment Project.

(Editorial History: On November 4, 2002 City Council approved a list of collector and local streets to receive sidewalk and minor drainage improvements as part of the District IV sidewalk assessment project. The design of the project is substantially complete. The cost of drainage improvements and localized sidewalk connections at intersecting streets shall be the cost responsibility of the City. The Initial Assessment Resolution provides that the (pre-bid) estimated Capital cost of sidewalk improvements funded by assessment to property owners is $262,636. The estimated City cost of drainage work and minor sidewalk connections at intersections is $119, 088. The estimated total project cost is $381,724. Following notice to affected property owners, a public hearing will be held prior to adoption of a Final Assessment Resolution. The proposed five-year Capital Improvement Program will be presented to City Council on May 9, 2003.)

Mr. Moss read, by title only, the Initial Assessment Resolution District IV Sidewalk Assessment Project.

Lee Zwerin, 468 Capri Court, voiced her support for proceeding with the sidewalks.

MOTION by Councilwoman Kelber to APPROVE THE RESOLUTION FOR DISTRICT IV SIDEWALK IMPROVEMENT ASSESSMENT, SUBJECT TO REVIEW DURING THE 5-YEAR CIP WORKSHOP. Second by Councilwoman DiSciullo. Motion carried 7-0.

City of Marco Island

City Council Minutes for April 7, 2003 (4:30 p.m. meeting)

(C) DISCUSSION Award of Contract Engineering Services for North Collier Boulevard.

(Editorial History: On December 3, 2001, following selection of engineering services in accordance with Section 287.055, F.S. (Consultants Competitive Negotiations Act) City Council awarded an engineering services contract to Tindale Oliver and Associates, Inc. The contract was for preliminary design services. Negotiations were initiated for final design fee services on the basis of compensation guidelines established by the FDOT. The recommended maximum contract fee for final engineering design and permitting services is $1,071,607. The estimated construction cost is $10.1 million.)

Sal Sciarino suggested the installation of 9-foot sidewalks instead of the proposed 8-foot.

Fay Biles, Heights Court, expressed concern regarding the installation of larger sidewalks.

MOTION by Councilman Boyce to AWARD THE CONTRACT FOR FINAL ENGINEERING SERVICES FOR THE NORTH COLLIER BOULEVARD IMPROVEMENT TO TINDALE OLIVER AND ASOCIATES, INC. Second by Councilman Arceri. Motion carried 6-1. (Vice-Chair Tucker opposed.)

(D) DISCUSSION Award of Contract Engineering Services for South Collier Boulevard.

(Editorial History: The Five-Year Capital Improvement Program provides for the reconstruction of South Collier Boulevard between San Marco Road and Spruce Avenue. City Council is asked to award a contract for engineering design services for the South Collier Boulevard improvement project.

A staff consultant selection committee, comprised of the City Manager and Department Directors, requested statements of qualifications for engineering services as required by Section 287.055, F.S., the Consultants Competitive Negotiations Act. The statement of qualifications submitted by five engineering firms were evaluated and ranked. Kimley-Horn and Associates, Inc. was selected as the most qualified firm. Design fee negotiations were undertaken with the selected firm in accordance with compensation guidelines established by the FDOT. The proposed design contract fee for the San Marco Road to Spruce Avenue segment is $549,580.)

There was no public comment.

City of Marco Island

City Council Minutes for April 7, 2003 (4:30 p.m. meeting)

MOTION by Councilman Boyce to AWARD THE CONTRACT FOR ENGINEERING DESIGN SERVICES FOR SOUTH COLLIER BOULEVARD TO KIMLEY-HORN ASSICIATES, INC. Second by Councilwoman Kelber. Motion carried 7-0.

(E) DISCUSSION Award of Contract Bridge Repair for Caxambas Court and Blackmore Court Bridge.

(Editorial History: As part of the Capital Improvement Program for fiscal year 2003, City Council authorized a total budget of $530,000 for repairs to the Caxambas Court and Blackmore Court bridges.

The low bid amount of $340,478 for both bridges is extremely competitive, being $126,402 (27.07%) below the second low bidder and $164,517 (32.58%) less than the Citys available budget of $504,995. An evaluation of proposal documents confirms that Thomas Marine is the most qualified and responsive bidder. The firm has successfully constructed numerous bridge and water control structures for Collier County government, the Florida Department of Transportation and the South Florida Water Management district.)

There were no public comments.

MOTION by Councilman Arceri to AWARD THE CONTRACT FOR THE CAXAMBAS COURT AND BLACKMORE COURT BRIDGE REPAIRS TO THOMAS MARINE CONSTRUCTION. Second by Councilwoman Patterson. Motion carried 7-0.

(F) DISCUSSION - Appointment to Code Enforcement Board.

(Editorial History: On March 3, 2003 City Council directed staff to advertise for the vacant position on the Code Enforcement Board due to the resignation of Mr. Monte Lazarus, which resulted from Mr. Lazaruss appointment to the Planning Board. Mr. Lazarus was appointed by Vice-Chair Tucker; his unexpired four-year term ends March 2004.)

There was no public comment.

MOTION by Vice-Chair Tucker to APPOINT TARIK AYASUN TO THE CODE ENFORCEMENT BOARD. Second by Councilman Arceri. Motion carried 7-0.

City of Marco Island

City Council Minutes for April 7, 2003 (4:30 p.m. meeting)

(G) DISCUSSION Selection Process for City Attorney.

(Editorial History: On March 17, 2003 City Council discussed options for legal services provided by the City Attorney. Options discussed included: renegotiation of the contract for legal services with Goodlette, Coleman, and

Johnson requesting Statements of Qualifications from qualified attorneys to provide legal services, and hiring “in-house” legal counsel.

Should Council be unsure as to whether legal services should be provide contractually or in-house the Request for Qualifications could be designed to allow candidates and firms to express an interest in either contractual services or full-time in-house services. City Council would then have the option of comparing services and making the decision at a later date.)

Fay Biles questioned whether or not a report done previously regarding the use of an in-house attorney is still available.

MOTION by Vice-Chair Tucker to NEGOTIATE A RENEWAL CONTRACT WITH GOODLETTE, COLEMAN AND JOHNSON. Second by Councilman Boyce. Motion carried 7-0.

(H) DISCUSSION Managing Agency for Otter Mound Property.

(Editorial History: Recently the State of Florida announced that the “Otter Mound” property, a 1.78 acre tract adjacent to Addison Court, had been selected for acquisition under a preservation grant program. City Council may recall that in October 2002 council approved a three-lot subdivision for the subject property at the request of the owner. The property owner is anxious to complete the land transaction with the State. Further, staff has received inquiries from groups interested in assuming custodial responsibilities should the City become the managing agency as requested.)

Betsy Perdichizzi, 1200 Butterfly Court and representing the Historical Society, urged Council to support the management the Otter Mound property by the City and stated that the Historical Society will work with the City in that effort.

Bob Carr, President of the Archeological and Historical Conservancy spoke in support of the proposal.

Due to time constraints items 5 I and J were deferred to the 6:00 pm meeting along with Council Communications and Discussion, Future Agenda and Public Comment (Items not on the Agenda).

City of Marco Island

City Council Minutes for April 7, 2003 (4:30 p.m. meeting)

There being no further business to come before City Council, the meeting adjourned at 5:50 p.m.

____________________________________

Michael F. Minozzi, Council Chairman

Date: ------______________

Laura Litzan, City Clerk

Susan Patton, Council Secretary