19690416jt

43
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD IN JOINT SESSION
WITH THE PLANNING ADVISORY BOARD, IN THE CITY HALL OF NAPLES, FLORIDA,
WEDNESDAY, APRIL 16, 1969, AT 9:00 A.M.
Roll Call:
C9
Present: Wesley G. Downing, Mayor
June E. Bremerman, Councilwoman
Lloyd M. Easterling
Goodioe McDowell
Phi 1 i p C. Morse, Jr.
George H. Reardon, Jr.
S. Meredith Strong, Jr., Councilmen
Also Present: E. W. Brockenbrough, Jr., City Manager
Thomas T. Trettis, Jr., City Attorney
Gilbert Oliver, Building & Zoning Official
Ruth Mabry, Planning Advisory Board Clerk
D. L. Bass, Chief of Police
Engineer Robert Ghiotto
Tom Morgan, Miami Herald
Sam England, Collier County News
Fred Winter, Fort Myers News-Press
Darwin Baker, Gulf Coast Television
Bob Moss, WNOG
H. S. Tenney, Jr. , WNOG
Nancy Buckhannan, Naples Star
Clayton E. Bigg
David Pfaff
Robert Braido
J. Sandy Scatena
John A. Luse
William T. Kepp
Jack Conroy
William Spink
Dr. Warren L. Hafely
Al Smart Johnston
Charles Waghorne
Ed Prata
L. L. Hampton
Mrs. Sam Bell
J. L. Edgar
W. Roy Smith
George Huntoon
William Arbaugh
Cliff Winger
Ronald Weaver
Van Court Andrews
Alfred C. West
Thomas S. Campen
W. Stewart Pinkerton
Mr. Donald
Paul O'Hargan
Mrs. Lamb
Henry B. Watkins, Jr.
Clarence Bauchspies
Dr. Charles A. Ford
Joel Kuperberg
Government Class from Naples High School
Interested citizens and visitors
Following invocation by Councilman Goodloe McDowell, motion made by Mr. Strong,
seconded by Mr. Morse. that the minutes of the Regular Mee ti n g o f Ap ril 2,
9, be approved Es submitted, and the reading thereof dispensed wi th. Motion
1
Motion made by Mr. Easterling, seconded by Mr. Morse, that the
carried.
minutes of the Special Meetinj of April 9, 1969, be approved as presented,
Motion carried.
and the reading thereof dispensed with.
Mayor Downing declared the Public
Joint Public Hearings.
Ag enda Item 4.
Hearings open and requested. the Chairman of the Planning Advisory Board to
4'4
-2Upon Roll Call by the Clerk, those answering
call the Board into session.
present were: Chairman Henry B. Watkins, Jr.; Clarence Bauchspies; George
Absent:
Huntoon; Clayton E. Bigg; Robert H. Braido and Joel Kuperbery.
Continued
Public
Hearing
on
request
of Naples
(a)
Nicholas Wallingford.
(NOTE:
The
official
Senior High School to construct a Quonset hut.
minutes of the Planning Advisory Board will be prepared by the Secretary
Upon receipt of revised plot plan, including landscaping,
of that Board).
with explanation by Mr. Ronald Weaver, who assured the Planning Board and
City Council there would be no storage of explosives or firearms in the Quonset
hut, the continued Public Hearing closed by the Mayor and referred to the
Planning Advisory Board for recommendation to Council. With motion and second,
duly carried, application approved, with the recommendation the check in the
amount of $50.00 for fee be returned to the Board of Public Instruction.
Motion made b y Mr . Easterling, seconded by Mr. Reardon , and
carried,.to_pp rove the recommendation of the Planning Advisory Board.
Continued Public Hearing on request of Standard Oil
Ag enda Item 4 (b)
Company to expand non-conforming structure located at 225 Ninth Street North.
The applicant, Mr. J. L. Edgar, appeared and presented revised plan with
Mayor Downing closed the Public Hearing
landscaping and buffer as instructed.
and referred the item to the Planning Advisory Board for recommendation to
By motion and second, duly carried, the application was approved.
Council.
Motion made by Mrs. Bremerman, seconded by Mr. Morse, to approve
recommendation
of the Pl annin g Advisory Board. Motion carried.
the
Agenda item 4 (c) Request from Moorings Country Club for Special Exception
City Attorney Trettis read the Legal Notice and
to enlarge their building.
Mayor Downing requested the applicant to appear and present the petition,
whereupon Mr. Van Court Andrews, President Moorings Country Club of Naples,
With the statement of Zoning Official Gilbert
Inc. explained the petition.
Oliver that the petition was in order and met all zoning regulations as to
parking, etc., Mayor Downing closed the Public Hearing and referred the item
to the Planning Advisory Board for recommendation to Council. By motion and
second, duly carried, the Planning Advisory Board approved the application
for Special Exception.
Mo tion made by Mr. Easterling, seconded by Mrs. Brem erma n, to
ap prove the recommendat i on of the Planning Advisory Board. Motion carried.
With motion made by Mr. Reardon, sec o nded by Mr. S trong, and unanimous vote,
Council moved to Agenda Ite m 13 .
Employment of a Zoning Enforcement officer.
This had previously been a recommendation of the Planning Advisory Board,
City Manager Broceknbrough, in accordance with Council instructions, submitted
report with regard to the employment of the Zoning Enforcement officer, defining the duties and estimate oF cost for Council consideration.
Motion made by Mr. E asterling, seconded by Mr. Reardon, t hat the
City Manager be em p owered t o empl o y the officer immediately, the officer to
be placed in uniform, and arrangements made, if possible, to provide transporcation for the present time, with funds for the operation to he made
available from the Contingency Fund.
Motion carried.
4.5
-3The Planning Advisory Board retired and Council resumed with the regular
order of business.
ri
r-^
L)
Agend a It em 5.
Public Hearing on proposed changes to the City Charter.
Mayor Downing declared the Public Hearing open and City Attorney Trettis
read the Legal Notice with the Charter Study Committee recommended changes
to the present City Charter in full report which had been published in the
Collier County News and the Naples Star in total.
Members of the Charter
Study Committee present were: Chairman Thomas S. Campen, Alfred C. West
and Charles A. Ford.
Following their being seated, and prior to discussion
on the proposed Charter changes, City Manager Brockenbrough asked for the
privilege of being heard.
He said on Tuesday afternoon a Resolution was
delivered to the office of the Mayor, signed by the members of the Police
Department, and from there it was brought to his attention. The Resolution
reads as follows:
RESOLUTION
BE IT RESOLVED by the FRATERNAL ORDER OF POLICE, an Association
of professional law enforcement officers organized to improve the professional
standards of those engaged in police work, that:
1. This organization is opposed to the proposed revision of Section 6,
It appears
DEPARTMENT OF POLICE, of the Charter of the City of Naples.
under the proposed change. That the Police Department will be entirely
under the direction and supervision of the City Manager, whereas presently
the Charter provides that the Chief of Police shall be appointed by and shall
serve at the will of the Council (Section 6,2) and that the Council shall
have the general supervision and direction of the police department (Sec.6.3).
It is felt that the elected representatives of the citizens, composed
2.
of the Mayor and six councilmen, have and will in the future effectively
ensure to the citizens of Naples a qualified and CAPABLE police force, whereas,
under the present proposal, one non . -elected person will assume council's
present responsibilities.
It is also felt that due to the inherent responsibilities of the police
3.
1nrce there are times when their actions may be criticized, either by parties
It is felt that the council can
directly involved or citizens in general.
adequately sift any complaints, in a manner that is equitable to the parties
involved and the citizens at large, with full power to take whatever actions
Conversely, when the decision is entrusted to one man
is deemed appropriate.
it is axiomatic that he will not possess the wisdom of seven, which it is
felt will not adequately protect the citizens, when there are -just complaints,
nor will it adequately protect the department when the complaints are not
justified.
—
It is felt that the proposal which would permit the City Manager, under
4,
the stated condition, to serve as the Police Chief, is not in harmony with
the fact that said position should only be held by a trained, experienced and
qualified career police officer.
4t
-4It is felt that since the proposed amendment does not include the common
5.
l aw and statutory powers of law enforcement officers, it could seriously
disable the police from accomplishing their assigned tasks.
The undersigned, all being members of the Fraternal Order of
Police, hereby endorse the foregoing resolution.
/S/
James D. Spohn
James R. Davidson
F. D. Wood
Chester B. Kenne, Jr.
Byron C. Tomlinson
Earl P. Richmond
D. L. Bass
George D. Dampier
Walter M. Olson, Jr.
Charles J. Barton
Gary Young
Barrie L. Kee
Richard L. Maudlin
Ronald Hohenstein
R. H. Barnett
Richard K. Eva
D. F. Trifiletti
June H. Holzhausen
E. Perkins
Jack Bliss
Richard J. Aldacosta
The City Clerk was requested to reflect in the minutes the foregoing Resolution
verbatim, together with the City Manager's statement which follows:
"1.
It is axiomatic that this expression of opposition to the present
if not, it is
charter has been fostered by the Chief of Police, axiomatic that he holds no control of the department.
2.
Further, my contact with the Police Department has been directly with
the Chief of Police - not individuals of the department.
3.
Further, Mr. Bass apparently accepted the Council-Manager form of
City Government when he accepted his appointment from the previous
City Manager.
4,
I find no evidence to suggest that Mr. Bass has qualified himself to
be a student of Public Administration.
5. Recommendation of I.A.C.P. - Resolution of the Police Department is
in direct contradiction to the recommendations of the International
Association of Chiefs of Police as stated in their report to the City.
The present Charter and the proposed Charter provide that the City Manager is
responsible for the administration of the Police Department, The most
Al
-5effective way to achieve this is through the appointment of a Chief. of
Police who devotes his loyalty and support to the City Manager.
This resolution clearly demonstrates that I do not have his
l oyalty and support and further demonstrates that he wishes to undermine
the legally instituted administrative authority of this City.
Therefore, it is recommended that the Chief of Police be dismissed
i mmediately."
,.^
Due to the nature of the subject, Mayor Downing asked that it be
Motion made by Mr. Easterling, seconded by Mr. Morse,
made an agenda item.
to place this item on the agenda by 5/7's vote of Council.
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Roll
call
vote:
Mrs. Bremerman
Mr. Easterling
Mr. McDowell
Mr. Morse
Mr. Reardon
Mr. Strong
Mayor Downing
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Chief Bass was accorded the opportunity of expressing his views,
Mayor
a copy of which is attached and made a portion of these minutes.
Downing and members of Council expressed regret for the situation having
that
arisen, and feeling there was no alternative, Mr. Easterling
the recommendation of th e City M anager be approved and that Mr. Bass be
r elieved of his res p onsibilities as Chief of Police i mmediately .
Roll call vote: Mrs. Bremerman
Mr. Easterling
Mr. McDowell
Mr. Morse
Mr. Reardon
Mr. StrongMayor Downing
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Ma y or Downing noted the City Manager had been greatly responsible
for the Naples Police Department being one of the highest paid in the State
of Florida,plus the fact he had been instrumental in consideration of
trying to obtain a 50 year retirement age for the members of both the Police
and Fire Departments. The Charter Study Committee, upon request for comment,
continued to recommend a strong City Manager form of government, applying
to this section as well as any other.
Mayor Downing, speaking for members of Council, said consideration
must be given to the whole structure of the City government, the welfare
of everyone, not just the Police Department, and concern will continue to
be given to their problems and welfare.
Continuing with Agenda Item 5, following a short recess, Chairman Campen
explained certain proposed revisions, including Supplement Report No. 1
-6relating to increase in salaries of Mayor and Council, with the Committee
defining their reasoning for some of the suggested changes. Mr. Fred
Winter of the Fort Myers News-Press asked that an early printing of the
revised Charter be recommended, to which Council and the Charter Study
Committee agreed. City Attorney Trettis recommended the City Clerk be
held responsible for keeping the Charter up to date with subsequent changes
that may be made through legislation and Chairman Campen stated it would
be a public service to have the City Clerk maintain at all times an up-to--date
copy of the Charter for the benefit of all interested citizens.
There was no one in the audience answering to the Mayor's call for
discussion of the proposed Charter changes, for or against, and discussion
Mr. Clayton Bigg of the
resumed with the "conflict of interest" provision.
Planning Advisory Board stated he had prepared a proposed ordinance on this
subject which is now before the Planning Advisory Board for consideration,
and the City Council instructed the City Clerk to make available to each
member a copy of the proposed ordinance as prepared by Mr. Bigg, for their
study.
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Discussion on establishing a five year Capital program followed,
with Mr. Kuperberg recommending such a program not be instituted without
consultation with the advisory boards of the City, although in his opinion
Not to take this into consideration
it would be a very worthwhile program.
might circumvent, for example, the Charter intent for the Planning Advisory
Board which is primarily interested in developing long range plans for
traffic and related City-wide programs. Mr. Campen explained the Charter
Study Committee had recommended that the City Manager be made an ex officio
member of the Planning Advisory Board, and in that manner the City Manager
would be quite aware of the plans and ideas of the Planning Advisory Board
and be able to incorporate in his Capital Program those ideas which he thinks
are worthy of incorporation, subject to the approval of the City Council.
Mayor Downing a g reed it should be a matter of policy, whether or not affecting
the budget, to consult all Boards when consideration is being given to a five
year Capital Program.
Mayor Doren i nu, closed the Public Hearing at 10:55 A.M. with further
discussion to be an agenda item for Wednesday, May 21, 1069. The Charter
Ordinance
Study Committee retired and Council proceeded to Agen da I tem 6.
City Attorney
amending Section 6 of the Zoning Code Ordinance No, 1319.
Trettis read the ordinance in its entirety, and with motion made by Mr.
McDowell, seconded by Mrs. Bremerman, Ordinance No. 1L 69 a^Proved at first
reading, with second reading scheduled for next regular meeting on May 7.
Motion carried.
Presentation by Tri-County Engineering concerning bulkhead
A g enda Item 7.
City Manager Brockenbrough stated Mr. Pau?
lines in the City of Naples.
g
O'Hargan of the Tr-County Engineerin was present to submit a plan which
will enable the City to complete the establishment of its bulkhead lines
within the City, as well as confirm previously established bulkhead lines,
some of which were not approved by Lhe Internal Improvement Fund in Tallahassee.
The City Manager further explained the Trustees of the internal Improvement
Fund had announced the establishment of the inner Agency Advisor; , Committee
on subme r ged land management. The purpose of this Committee was to establish
M
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49
-7criteria for the establishment of bulkhead lines and the management of
submerged lands, and to reaffirm or change existing bulkhead lines. The City
had requested the assistance of the Tri-County Engineering due to the considerable work they have done in this area along this line, with the hope that this
work will result in a more positive position by the City with regard to bulkhead lines, documented by maps, etc.
Engineer Paul T. O'Hargan, Vice President of the Tri-County Engineering,
Inc. at this time submitted the Bulkhead Line Report with detailed information
Council was of the opinion that a Public Hearing should be
supplied by chart.
advertised and held prior to any action taken,
Mr. Joel Kuperberg, Executive Director of the Collier County Conservancy,
appeared before Council and commended Mr. O'Hargan for his presentation, but
recommended that great caution be followed in this procedure, because there
is more involved than land surveying.
He commented on the pollution of Naples
Bay and one conceivable reason, the septic tank companies which empty their
trucks into the sanitary landfill and the possibility of this contaminating
Gordon River. Mr. Kuperberg agreed that the omission of bulkhead lines in
certain areas was not practical and should be throughout the bay areas in the
City of Naples.
He did not agree with the approval of all existing ratified
and unratified bulkhead lines and suggested further consideration be given the
biological data before action taken on approving bulkhead lines, and recommended experts be hired to physically establish the lines, suggesting the
Institute of Marine Sciences be contacted to make a proposal as to whether study
would be required.
►—
J
The City Manager was requested to place on the agenda for next regular
meeting on May 7, the subject of Bulkhead lines for discussion, at which time
a date will be set for a Public Hearing.
Council requested that Mr. Joel
Kuperberg be notified of the next Council conference, at which time he would
be asked to attend, he and the City Manag ^r to work cooperatively on the Bulkhead line problem,
A genda Item 9 .
Request for approval of Third Street Lighting Project.
Mr. William B. Spink, representing the Association, read a prepared statement
regarding the proposed lighting of the Third Street area and asked City cooperation on the project.
He stated there is presently $7500,00 in the treasury,
which would presumably amount to one half of the estimated cost by the engineers
of S15,000, not including maintenance.
Plans and specifications have been
prepared by Black, Crow & Eidsness, Inc., the engineering work completed, and
if the project approved by Council, the work should be scheduled in November
or December to enable the storm sewer work to be completed on Third Street.
The question of maintenance arose, and motion made by Mrs . Bremerman, seconded_
by Mr. Strong, that the City approve this project and take over up to S7500.00
of the cost of installation, and one half of the maintenance, if the Association is willing to assume the other one-half, with the understanding the work
will proceed as soon as possible.
Motion carried.
I.
Agenda Item 1 0, Tabulation of bids for improvements to the City's Water
and Sewer plants.
Engineer Ghiotto reported bids had been taken on ,April 10,
1 9 6 9, tabulated and recommendation made to award the bid to Mechanical Chemical
Company, Inc., Brandon, Florida, at their total base bid of $?3,000 - completion
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5l)
•- 8-
Mr.
Motion made by Mr. Easterling, seconde d b
time 100 calendar days.
Reardon, to ap pr ove the recommendati o n of the eng ineers and award t he bidq
Motion carried.
to the low bidder.
Council meeting recessed by the Mayor at 12:00 noon to resume at 1:30 P.M.
Following recess with all members in attendance, motion made by Mr.
Easterling, seconded by Mr. Strong, to interrup t the agenda to move up to
Motion
Approval of proposal for repair of Fishing Pier.
Agenda Item 12 .
Motion made by Mr. Strong, seconded by Mr. Mor se , that Mr. S t anle y
carried.
Hole and Ci ty Manager Brockenb rouah be authorized to discuss with the low
bidder the possibility of reducing his bid, if possible, and after this is
accomplished, to call a special meeting to take the proper action, if
Motion carried.
necessary.
Recommendation from the engineers concerning
Returning to Agen da Item 11.
i nstallation of water facilities serving the Central Mall Shopping Center.
Engineer Ghiotto submitted a memorandum addressed to the City Manager,
following a review of Council decision on the subject regarding water lines
within private property, and suggested the following alternative which he
said could accomplish the intent of Council and give the best metering
situation for both the City and the owner:
1.
The owner be responsible for the installation of the lines
within his property.
2.
The owner dedicate an easement containing the water lines and
the water lines to the City.
3.
The City install the meters within this easement and at their
regular fee.
4.
The City maintain these lines after dedication and acceptance.
Moti o n made by Mr. St r ong, sec onded by Mr. Reardon that thi s recomme ndation
rega r ding wa ter lines to Central Ma ll Shopping C en ter be deni ed.
Roll Call vote:
Motion failed to carry 4 - 3
Mrs. Bremerman
Mr. Easterling
Mr. McDowell
Mr. Morse
Mr. Reardon
Mr. Strong
Mayor Downing
Nay
Nay
Nay
Aye
Aye
Aye
Nay
Due to the motion, the standing now, has reverted to previous .action of Council
Following further
to terminate the installation at the property line.
d
to
delay further action,
e
Mrs.
Bremerman
mov
discussion as to sewage plans,
tion of the
ard
through
the
City
Manager,
the
subsequent
recommenda
un til he
Strong, and
nded
by
Mr.
ewage
and
what
is
proposed,
Seco
engineers _regarding s
carried.
J
- 9 -
Motion made by Mr. Morse, seconded by Mrs . Bremerm an, and carried, to move
The
Acquisition of site for Water Plant No. 3.
up to Agenda Item 17 .
Mayor and City Manager, having negotiated the purchase of the site according
to previous Council instructions, Mr. Brockenbrough now recommended that
authorization be granted to include acquisition of this site, also recommended
by the engineers. The owner of the property, Collier Development Corporation,
has agreed to sell the property at a price of $25,000, which would be charged
to the Water and Sewer Renewal and Replacement Fund.
Motion made by Mrs. Bremerman, seconded by Mr. McDowell, that the
Motio
City acquire the proposed water plant site for the sum of 525,000.
Mr.
Strong
requested
the
minutes
reflect
the
statement
made
by Mr.
c
arried.
v
Robert Ghiotto, representing the engineers, Black, Crow & Eidsness, Inc.,
that regardless of who runs the Water-Sewer operation, whether it be an
r-J
Authority, the City or the County, this site would be the ideal location
A further statement, upon question by Mr. Strong to Mr.
for this purpose.
Ghiotto, as to the City serving only within the corporate limits with the
County serving everything outside the corporate limits, was if all connections
which were outside the City limits were withdrawn and were never planned to
be used, then it might be possible this large an expansion might not be
needed, and that Water Plant No. 2 could be expanded to meet the requirements
within the City limits alone.
Ordinance read by City Attorney Trettis, and with motion made by Mr.
McDowell, seconded by Mrs. Bremerman, Ordinance No. 1470 approved for
Motion carried.
adoption .
Motio n made by Mrs. Bremerman, seconded by Mr. McDowell to move on to
Resolution from Naples Civic Association concerning
Agenda Item 18.
Resolution adopted
Motion carried.
establishment of Water-Sewer Authority.
April 4, 1969 presented by Mr. Thomas S. Campen, recommending to both the
Naples City Council and the Collier County Commission that they accept the
recommendations of the Collier-Naples Water and Sewer Advisory Committee and
pursue with the Florida State Legislature the necessary legislation authorizing the creation of an appointed autonomous Water and Sewer Authority, with
powers to provide adequate and safe water and sewer facilities to permit the
(Complete text
continued orderly growth and development of the Naples area.
of resolution herewith attached and mace a portion of these minutes)
It was found advisable by Council to set a conference date to discuss
this matter with the Finance Advisor, City Manager, City Attorney and
engineers to determine certain factors pertaining to this Authority.
Mr. Rogers to be so
Conference date set for Friday, April 25, at 3:30 P.M.
notified.
Ordinance granting a Special Exception to
Retur n ing to Agenda Item 14.
construct an addition to existing Trinity-by-the-Cove church school.
Ordinance read by City Attorney Trettis, and with motion made by Mr. Easterling,
Motion carried.
seconded by Mr, McDowell , Ordinance No. 1 471 approved a s read.
d.
1A
Agenda Item 15. Approval of miscellaneous minor extensions to the water
Mr. Brockenbrough submitted water main extension request
distribution system.
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52'
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10 -
of Weeks Subdivision for approval, and with m otion made b y Mrs. Bremerman,
seconded by Mr. Easterling, extension approved as recommende d.
Roll Call vote:
Motioai carried 6 - 1
Mrs. Bremerman
Mr. Easterling
Mr, McDowell
Mr. Morse
Mr. Reardon
Mr. Strong
Mayor Downing
Aye
Aye
Aye
Aye
Nay
Aye
Aye
Appointment of members to study loc.::l government - City
Ag en da Item 16 .
Mayor Downing appointed Mrs. M. J. Casey Miller, Mr. Marvin
and County.
Cecil and Mr. Alfred C. West to serve on this committee, and appointments
confirmed unanimously by Council with mot i on made by M r . McD ow ell, seconded
by Mr. Easterling, and carried.
Consideration of the creation of a Landscape Board.
Agenda Item 1 9.
Motion made by Mr. Str ong, seco nded by Mr. McDowell , and carried, that thi s
not be done and the idea abandoned.
Consideration of the establishment of additional seawall
Agenda Item 20.
Mr. Brockenbrough reported this item had been placed on the
regulations.
agenda at the request of Councilman Morse, and with motion made by Mr.
Mor se, seconded by Mr. S trong, the establishment of additional seawall
regulations referred to the Planning Advi so ry B oard for recommendation to
Motion carried,
Cou ncil .
Resolution requesting State Road Department to install a
Auenda I tem 21 .
traffic control signal at the intersection of Sandpiper Street, Tamiami Trail
Resolution read, and with motion ma de by Mr. Reardon,
and Davis Boulevard.
seco nded by Mrs. Bremerman,_ Resolutio n No. 1172_app moved fo r adoption.
Motion carried, and copies ordered sent to Board of County Commission, Couuncy
Engineer and State Road Department..
Second reading of Ordinance No. 11+61 authorizing the
Agenda !tem 2 2.
borrowing of $180,600,00 for the purchase of garbage collection equipment.
Ordinance read by City Attorney Trettis, and with motion made by Mr.
M Dowe ll,, seconde d b y Mr. Morse. Ordinance No. 1461 approved upon second and
Motion carried, with the ''Yes'' vote of Councilman Easterling,
final reading .
under protest, and the "No'' vote of Vice Mayor Strong being recorded for
1
the same reasons as explained upon first reading of Ordinance No, 1 401 on
April 2, 1969.
Agenda Item 23. Second reading of Ordinance No. 1+62 authorizing the
borrowing of X31,000.00 for construction of T-Shelters and Tie-Down sites at
City Attorney Trettis read the ordinance, and with
the Naples Airport,
y
motio n made by Mr. Strong. seconded b Mrs. Bremerman, Ordinance No. 1462
Motion unanimously
ap proved for adoption upon second and final readin g.
carried.
Request for alley closing located between Central, First
Agenda Item 24 .
Avenue South and Eighth Street South,. Request from Mr. Cliff Winger for
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IN
abandonment of illustrated alleys, he agreeing to pay the entire cost of
the utility relocations presented, and with motion made by Mr. Strong,
seconded by Mrs. Bremerman, this item referred to the Planning A dvisory
Board f or recommendation to Council.
Motion carried.
Agend a Item 25,
Relocation of easement in the vicinity of Alamanda Drive
and Mooring Line Drive.
This request was explained as having been approved
by a previous Council, subject to application for a building permit.
Mr. Strong move d for the appr oval of the prop o sed easement relocation
as prepared by Wilson, Green, Miller & Soil, Inc., and requested the City
Attorney to prepare and present a resolution pertaining thereto at the
next regular meeting of Council on May 7, 1969,
Seconded by Mr. McDowell,
and carried,
Motio n made by Mr. McDowell, seconded by Mrs. Bremerman, to interrupt the
ag enda to proceed to Ag enda Item 27.
Application from E. H. Marhoefer for
temporary sign permit, re the Diplomat l ocated at 1900 block Gulf Shore
Boulevard.
Motion carried.
Mr. Jack Conroy appeared before Council on behalf of E. H. Marhoefer,
Jr., requesting the temporary use permit for sign 8' x 16'.
Mr. Strong
moved to p l ace the item on the agenda for next regular m e eting on May 7.
Seconded b y Mr. Morse, and carried.
During the interim, the City Manager
was instructed to make a study of the existing signs in the area and report
back to Council.
Protest of Mr. Al Actisdano, operator of
Retu r nin g t o Ag en da Item 8.
Country Fried Chicken'' concerning garbage collection charge. There was
no representative present, and no action taken by Council.
Request from Moorings Property Owners Association for
Agenda Item 26 .
revision in the manner in which Mooring Line Drive is to be reconstructed.
Mr. A. C. Waghorne, President of Moorings Property Owners Association,
requested that changes be made in the method of reconstructing Mooring
The opposition of the Association was to the median divider
Line Drive.
with curbs, a two lane pavement on each side with right-of-way. It was
requested that Council revise its request to the County so as to embody
the design approved by the Moorings Board of Governors on April 8, 1969,
and by a meeting of the abutting property owners on April 3, 1969. Sketches
were submitted on the revised design and the reasons for asking this change
itemized. The resume of the reasons for the change, the proposed design,
and petition of property owners on Mooring Line Drive voting in favor of the
design, are all attached hereto and made a portion of these minutes.
A letter from Mr. Savidge, Director of Public Works, commenting
on the subject was read into the minutes by Mayor Downing:
April
15, 1969
Dear Mr. Brockenbrough:
I submit the following comments for your consideration:
y
change the
1. The State Road Department would probabl
design of mooringline Drive, however, the City would
.1
54
-
1 2 -
probably have to accept the maintenance of the road,
unless the design were the standard design of the
State Road Department.
2. A four-lane divided road with median and sidewalk,
is a safer road than an undivided four-lane road with
Left turns and distress lanes are
concrete gutters.
provided in the State Road Department's design.
3.
It is my opinion, that a properly landscaped and
maintained median on Mooringline Drive would be
more attractive than a 42 ft. paved road.
4. Any re-construction of the street should be of final
There will be extensive relocation of utilities
design.
involved.
5,
City Council should resolve this question and so inform
the State Road Department, so that they will proceed
with plans.
Sincerely,
/S/ W. F. Savidge
Director of Public Works
WFS:vp
Mr. , Waghorne =ugges +_e-1 that the City, if agreeable to Council,
convey the revised request to t he County Commission and ask for a meeting
in Fort Lauderdale with the en; l ineers of the State Road Department, at which
a representative of the Co-inty , City and Moorings Property Owners Association
would be present, in order o ascertain if it would be practical to make
Other owners, ineludinc; Dr. Warren hafely, supported the request
a change.
and objected to the State Road Department plans. There was further discussion
and reasoning in favor of the plans for the sidewalks and State Road plans,
including Federal assistance factor, with unbiased opinions expressed.
Mr. Reardon, prefacing his decision on the fact that he w as elected
to Council to serve the entire City and other property owners in the Moorings
also that would benefit by this type of road with the sidewalk: construction,
and moved that the Ci ty C ouncil u ahol d the recommend at i on of the State Road
Department ad the Direc tor o f Publi c Works.
Motion seconded by Mr. Morse,
and carried unanimously. ^'T
Agenda Item 28 .
Request from the Chamber of Commerce for approval of
summer advertising schedule.
Mir. Dc:v i d Pfaff submitted the proposed summer
advertising schedule, detailing City funds budgeted, expenditi:res for winter
ad campaign, ad campaign for recruiting physicians, resulting in an uncommitted balance of $1500.00 which he asked be allocated for summer advertising
as proposed. Vice Mayor Strong opposed the advertising program to entice
more tourists to the area without more doctors, and recommended the funds be
used for further campaigning for physicians.
Motion m a d e by Mr. St r ong,
seconded by Mr . RReardo n. that the uncommitted
0;J. 00 for sLcamer. advert i s i n_g
be adde d to t he allocati on of $2500.00 for ad campaign for recruiting physicians for the community,
.^.
13 -
Roll Call vote:
Motion carried 5 - 2
Mrs, Bremerman
Mr. Easterling
Mr. McDowell
Mr. Morse
Mr. Reardon
Mr, Strong
Mayor Downing
Yes
No
Yes
No
Yes
Yes
Yes
Motion made by Mr. Easterling, seconded by Mr. Morse, that an item be
added to the agenda by 5/7's vote of C ounc i l to discuss and actupon a
proposed ordinance vacating a drainage easement in Port Royal.
N
Roll
Call
vote:
U
Mrs. Bremerman
Mr. Easterling
Mr. McDowell
Mr, Morse
Mr, Reardon
'Mr. Strong
Mayor Downing
Yes
Yes
Yes
Yes
Yes
Yes
Yes
City Attorney Trettis stated an ordinance relocating the drainage easement,
pursuant to request in memorandum of April 11, 1969 from Port Royal, Inc.,
had been prepared. The proposed relocation had been approved by the Public
Works Director, Ordinance read by Attorney Trettis, and with motion made by
Mr. S trong , se con ded by Mrs . Bremerman, the relocation approved, Ord i nan ce
adopted , and executed easement for relocation a c cepted.
No,
Roll
Call
vote:
Mrs. Bremerman
Mr. Easterling
Mr, McDowell
Mir, Morse
Mr. Reardon
Strong
. Mr,
Mayor Downing
Yes
Yes
Yes
Yes
Yes
Yes
Yes
M otion made by Mr. McDowell, s econded by M r . Stron g, that an item b bl a ced
on the agenda by 5/ 7's vote of Council regarding proposed Resoluti o n expressThis after review of
i nq positive interest in obtaining flood insuran c e .
teria1 from the Department of Housing and Urban Development by the City
Manager, in accordance with Council instructions.
Roll Call vote:
Motion carried 6 - i
Mrs. Bremerman
Yes
Mr. Easterling
Yes
Mr. McDowell
Yes
Mr, Morse
Mr. Reardon
M r, Strong
No
Yes
Yes
Mayor Downing
Yes
Proposed ordinance read by City Attorney Trettis, and with motion m ade
by Mr. Rear do n. seconded by Mr. E as ter 1 in j , Ordinance No,. 1 +^7
as
esented
-cved
f)
-
Roll Call vote.
Mrs. Bremerman
Yes
Mr. Easterling
Mr. McDowell
Yes
Yes
Mr, Morse
Mr. Reardon
Mr. Strong
Yes
Yes
Yes
Mayor Downing
Yes
Mr, Strong requested the Mayor to direct the City Clerk to reflect in the
minutes that this action in no way obligates the City of Naples.
CORRESPONDENCE:
(1) Mr. Easterling reported that he and Mr. Stronq had
met with Mr. Robert R. Wheeler, R.S. Dir. Environri.eAital Health Section of
the Collier County Health Department with regard to h:?s request for the
p
roblem in Collier
cooperation of the City in an effort to curb the rabie
,
It was r ,uo m :mm en:led that the City ' r,d i cate,
County an adjacent communities.
through the City Manager, the willingness f he Cit.- to ccopF ate in the
inoculation program, all in accordance with the ori-'r.nal agreement.
Meeting adjourned at 4:15 ^. M, with motion made by Mr. Strong, seco-..led
by Mr. Morse. Motion ca r r; ed,
Elsie Lehman, City Clerk:
Wesley G .
o^^n i n ^ , Mayo,
MEMORANDUM
CFTY
OF
NAPLES
NAPLES, FLORIDA
To --
FILES
S r-r bjE^t:
_
__ .__
Dispute Concerning the
-rrive.
Status of South !_.a
From
C ITY MANAGER
Date
,& i` r
i
%,
19 69
As a result of nu m erous inquiries concerning the legal Use
of South Lake Drive, and concerning w hat persons are entitled
to its use, I requested the City Attorney to perform the
necessary research into this matter and report his findings
i n the form of a l gal opinion.
Th(( C i cy Attorneys opinion, i n summar , i s that any dispute
beteen p-operty Owners along South Lake Drive as to their
use c f the Drive, or the use of the Drive for their visitors,
is pur l y a civil matter and is not proper for resolution by
the City.
y
•
Attached is a copy of the full opinion of the City Attorney.
Resp,ctfu1 I y
7LY)
F
City
EWi: l ch
Attic h,
CC:
Bu i I Ci r !"!g Inspector.
Messrs: George Borger
Dave Liebschutz
S. Meredith Str,._: i g, Jr.
City Attorney
r c^ ^-K r°l^ r7'o ,. c
Mar ge)
i
s `"^ ^; .
^t .
CITY
OFL'
NAPLES
OFFICE OF THE CITY ATTORNEY
735 Eighth Street, South
ON THE
GULF ^,
State of Florida 33940
April 7, 1969
MEMO
TO:
E. W. Brockenbrough, Jr.
FROM:
Thomas T. Trettis, Jr.
This will advise that I have conducted an investigation
and made on-site inspections-of the area known as South Lake Drive,
between 4th Avenue North and 6th Avenue North, East of Gulf Shore
Boulevard,
It appears that South Lake Drive between 1st Street
and 3rd Street was abandoned and vacated by the City by Ordinance
No. 252 passed on July 7, 1950. This means that this roadway is now
private property and any rights Mr. David Liebschutz may have in this
roadway are of a civil nature and do not affect the municipality.
However, certain other problems arise once South Lake Drive is determined
to be a private drive that may affect the City and the property owners
abutting this drive.
It would appear that all the homes along this
drive are non-conforming under our present zoning code because the
l ots do not abut a city right-of-way for at least twenty feet (see Naples
Code of Ordinances.) S ^ce the structures are non-conforming, it would
follow that no additions to the homes can be made without approval of
Further, since the City does not have right-of-way ; problems
Council.
may arise as to the propriety of the City's garbage and trash trucks
and other vehicles using this drive.
Our inspection of the site showed that one of the owners
had erected a ''No Trespassing - Dead End'' sign, which indicates they
do not want any City vehicles using the drive. This, of course, would
necessitate those owners disposing of their own garbage and trash or
In view of past history,
placing it somewhere along Gulf Shore Boulevard.
it appears that the owners have permitted the City to use the drive
for utility purposes.
In summary, it would appear that any dispute between property
owners along South Lake Drive to use the drive or for their visitors to
use the drive is purely a civil matter and the City should not take part
in settling this dispute.
Thomas T. Trettis, Jr.
TTT;bh
rrnoorings
property
Owners
Jssoc
post office box 993
lotion
naples, fIorido, 33940
April 10, 1969
Honorable Mayor & City Council
_..^ te_ r7
(Maples, Florida
Gentlemen and Mrs. Bremmerman,
We are advised that the City some years ago requested the County, when
funds became available to re•-construct w i th proper surface drainage Mooring
Line Drive using a "Municiple Section with 2 sidewalks". High priority has
now been given to this project and it seems that it may well be done by the
State during the fiscal year July 1, 1969 to July 1, ;970. The survey work
is already well advanced. The construction now requested by the City would
involve a median divider with curbs, a two lane pavement on each side with
curbs and five foot concrete sidewalks at the outer limits of the 80 foot
right of way. We oppose vigorously this design, and ask that the City Council
revise its request to the County so as to embody the design approved by our
Board of Governors on April 8, 1969 and by a meeting of the abutting property
owners on April 3, 1969. (See sketches "A" and "B" and Exhibit 1)
Our reasons for asking this change are as follows:
(1) We do not want a median divider, vertical curbs or concrete sidewalks. This is ,: fine residential community and we want the design of the
traveled way•to reflect this.
(2) The cost of construction will be ver y greatl y reduced if our design
is accepted. We see no reason for spending public funds for unwanted and unnecessary features.
(3) ii a median divider and grass areas between the concrete sidewalks
and curbs were required they would be expensive for the State or City to maintain
or perhaps, more likely, they would not be maintained.
(4) Vertical curbs aL paving edges are not wanted. Our valley/curb design
provides more water carrying capacity (one foot wider than most city gutters)
and, while restraining wandering wheel trackage, will permit emergency offpavement parking.
(5) Our design will mean moving only approximately one third of the palm
trees and make it possible to adjust grades pleasantly with present lawns and
drives.
(6) Our design will by all reasonable standards provide a safe and high
capacity highway with due regard to future traffic, pedestrian needs and emergency
parking.
To implement these suggestions, if agreeable to Council, it is suggested
that the City convey its revised request to the County Commission and ask for a
conference at Fort Lauderdale with the Engineers of the State Road Department at
which a representative of the County, City and this Association would he present.
Respectfu!ly `(ours
rty Owners Association
Mocr
by
, 1^.;^C1 T^^-^'^1 President
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TO: PROPET TY OWNERS ON 11 OORi G LIN
T
S DRIVE
The State, County and City
g^ now
3 are E^ of , ed right
in planning for the e-?),z;Idin^
of Mooring Line Drive
e with
proper slow: drains, It is
cheduled for the period
July 1969 to July 1970. The Board of Governors of
iV
Moorings
t1bS Property G
'^
sociation4,
t repreAs . , to
wishes
sent it s members,
, including
lud ng all owners on the Drive in
egotiating the type,
^r'
^ewidth,
thenew eonstru e io.,
etc. of of
she
If you are interested in this matter you are
ordially invited to a meeting at my House, Thursday,
Apil 3, I: 30 P.M., 540 ,Mooring Line Drive.
involved
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3Y
OwnersAs
a
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A. CHARLES VIAGllOM7',,TL
President,
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CITY OF
735 Ei
N A P
1.4 E
S
flij
ghth Street, South
ON THE
GULF ^^
State of Florida 33940
April 15, 1969
Mr. E. W. brockenbrough, Jr.
city Manager
Eighth Street South
/35
Naples; Florida
Re:
Mooringline Drive
Dear Mr. BrockenbroL gh:
I
submit the following comments for your consideration:
1.
The State Road Department would probably change
the design ofL Moor i ng l 'r y e Drive; however, the
City would probably have to accept the maintenance of the road, unless the design were the
standard design of the State Road Department.
2.
A four-lane divided road with median and sidewalk, is a safer road than an undivided fourLeft turns
lane road with concrete gutters.
and distress lanes are provided in the State
Road Departments design.
5.
it is my opin=on, that a properl y landscaped
and maintained median on Mooringline Drive
would be more attractive than a -t2 ft. paved
road.
+.
Any re-construction of the street should be of
There will he extensive relocation
final design.
of u t I i p i es involved.
5.
City Council should resolve this question and
so inform the State Road Department, so that
they will proceed with plans.
Sincerely,
•
s.^-.. c am
.
4. F. Savici
Lu ,
Director of
Public Works
WFS: VP
RESOLUTION
BE IT RESOLVED by the FRATERNAL ORDER OF
POLICE, an Association of professional law enforcement
officers organized to improve the professional standards
of those engaged in police work, that:
1.
This organization is opposed to the proposed
revision of Section 6, DEPARTMENT OF POLICE, of the
Charter of the City of Naples.
proposed change.
It appears under the
That the Police Department will be
entirely under the direction and supervision of the
City Manager, whereas presently the Charter provides
that the Chief of Police shall be appointed by and
shall serve at the will of the Council (Section 6.2)
and that the Council shall have the general supervision
and direction of the police department (Sec. 6.3).
2.
It is felt that the elected representives of the
citizens, composed of the Mayor and six councilmen,
have and will in the future effectively ensure to
the citizens of Naples a qualified and CAPABLE police
force, whereas, under the present proposal, one nonelected person will assume councils' present responsibilities.
3.
It is also felt that due to the inherent responsibilities
of the police force there are times when their actions
may be critized, either by parties directly involved
or citizens in general.
It is felt that the council can
adequately sift any complaints, in a manner that is
equitable to the parties involved and the citizens at
l arge, with full power to take whatever actions is
deemed appropriate.
Conversely, when the decision is
entrusted to one man it is axiomatic that he will not
possess the wisdom of seven,, which it is felt will
not adequately protect the citizens, when there are
just complaints, nor will it adequately protect the
department when the complaints are not justified.
4.
It is felt that the proposal which would permit
the City Manager, under the stated condition, to serve
as the Police Chief, is not in harmony with the fact
that said position should only he held by a trained,
experienced and qualified career police officer.
5.
It is felt that since the proposed amendment does
not include the common law and statutory powers of
law enforcement officers, it could seriously disable
the police from accomplishing their assigned tasks.
The undersigned, all being members of the
Freternal Order of Police, hereby endorse the foregoing
resolution.
^.
Gam''"
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e Police
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s
ij
April 16, 1969
City Manager referred to the Resolution signed by members of the Police
Department and delivered to the Mayor. From there it was brought to his
attention. The Resolution reads as follows:
Quote
City Manager's statement: Quote
Mayor Downing: Chief Bass, would you like to come forward please? Is
there something you would like to add at this time?
Chief Bass: Yes, sir. I am a member of the Fraternal Order of Police in
the City of Naples, Naples Lodge No. 38, but I am not an officer. I was
not present when this - at the last meeting - where they hired a lawyer
and had this resolution proposed. However, I read the resolution yesterday
afternoon, the first time I had seen the resolution. Also, the Fraternal
Order of Police attorney was supposed to be here to represent the Fraternal
Order of Police this morning. We have 21 members on the Police Department
of the Fraternal Order of Police, and this resolution was signed by 21
members of the Fraternal Order of Police. This is a representative of the
Fraternal Order of Police. I did not draw it up, did not instigate it and
wasn't even at the meeting where they hired the lawer and proposed this
resolution.
Mayor Downing:...
Chief Bass: I read the resolution and I could see nothing in there that
implied that the City Manager wasn't doing his job. All I could see was
that they opposed the Charter amendment that the Public Hearing was in the
process of. I couldn't see anything that they disapproved of in the way
the Police Department and City Manager had been operating and cooperating,
since he has been City Manager. Had I seen anything of that nature, I
wouldn't have put my name on it. It wa.s my opinion that they opposed this
Charter amendment..period..by this resolution and that was all.
Mayor Downing:...
Chief Bass: I would like to bring another paragraph of the present Charter
to your attention which concerned me more than anything, and which was
omitted from the proposed amendment. Quoted second paragraph of Section 6-3.
Following further discussion; motion made, seconded and Roll Call vote
unanimous for immediate dismissal of the Chief of Police.
tw
S
Cpl
MINUTE'S OF
JOINT
PUBLIC HEARING NAP!..ES PI.\NN I NG ADVISORY BOARD AND CITY
HELD
I N
COUNCIL CHP
M
E R APRIL 16,
Members Present
H. B. Watkins, Jr... Chairman
Clayton Bigg
Clarence Bauchspies
Joel Kuperberg
George Huntoon
Robert H. Bra i coo
Membrs Absent
Nicholas Wa.l1ingford
COUNCIL
1969 at 9:00 A.M.
The Joint Public Hearing was called to order by Mayor Downing.
The Planning Advisory Board was called to order by Chairman Watkins and the Roll
called. by Mr. Oliver's Secretary, one member being absent.
Ao;^rd a Item 4(a )
Continuation of request for quonset hut on Naples Senior High School
grr ids.
Mr. Rory Weaver, representing Supt. of Schools, explained this was a .temporary
i 1 d i ng for a maximum of two years since • the future expansion plans for the high school
include permanent quarLers'for the R.O.T.C. Mayor Downing pointed out the Fire Chief
and Police Chief had questioned the storing of ammunition. Mr. Weaver assured him the
stc. ale of fire ar m s will continue to be in the Armory and that the ammunition used
does not ricochet, disintegrates upon firing and is not dangerous. A landscape plan
was presented as requested. The building will set back from the property line roughly
Li'.
in the rear and .ill have other planting on the sides
will have a
30
high he
.;;J
front
.
-
Mot' o n b y !M l- . Bra i d o, sec on ded by Mr . Bic q, thatthe Specia l Except ion be ' r eco mrnended to
Counci l for a pprov al
and t hat the check for S50 .00 be returned .
Mo y '::. ^ carried 5-i, with the
ga _ v e vote of Mr. Kuperberg being herewith recorded.
Ite m_ 4 (b)
Cont `neat io,n of : ec:.°e- . or Standard Oil Company to expand a nr-.::
J
confo;.:ina structure
t 22 9th St. No.
Mr. J. 1. Edgar, representing Standard Oil Co.,
': aid
i lce the Council requested a or rf e
t; Bey would put a. 6' :: i cgh fence on the one
A
side. ,z. landscape plan was presented.
tie 6'
Upon cul ti-oning, Mr. :;liver said that
,
o
Mayor Do' tning al c o a i d Mr. Oliver if it was
high nce was acceptable in this zone.
Mr. Ol iver replied
permissible t allow the storage of commercial ve.;ic es over night.
only i; they are under repair, but if they are for rdnt they should not be parked.
M= , or
-.."'n i ng asked Mr. Edgar if his company encourages or d i scoursges this, to which
t r . E _ ar replied that thera is r,:: :set policy, b.j t •_hat he '.-,.vows that dealers sometimes
get i :t _ such a situation as this because they have these .vehicles on hand for m ; i n tenancu, He pointed out that the station in question :n this petition does not have the
space ;..: do this. Mayor Downing also asked him if the Council contacted his company on
any of these_ items if they would cooperate without having to go to court and Mr. Edgar
.aid t gay ti:oul e., but that he ..as in the Engineering ?nd Construction Dept. and this
actually would core under the Sales De p t. They have s local salesman, but he cc:.'.d
not be :.ere this mornin .
Mo r o'. b y Mr. Ru n to o n, se co nd ed byMr. Br a i do, that the re quest be r edo!:-.,,:: en ded t
Co y -! n c
i
.
fo
r
a
rova J
Mo`io nn rarri J unanimously.
-2MINUTES JOINT PUBLIC HEARING
APRIL 16, 1969
Council also voted to grant this request.
Agen da Item 4 (C) Rec'uest from Moo g i ngs Country Club for Special Exception to
enlarge their building.
Mr. Bat!chspies disqualified himself due to a conflict of
i nterest. Mr. Van Andrews, President of the club, was present.
Upon questioning,
Mr. Oliver verified that this new expansion meets the parking requirements.
Motion by Mr. Biag, s econded by M r. Braido, that the Board recommend to Co uncil t his
Special Exception be allowed. Moti on c a rri ed unanimou sl y
Council also moved to accept the Planning Board's recommendation.
Upon a Roll Call vote by Council, Ag e nda Item 13 was considered ne xt - employment of a
Zoning Enforcement Officer, so that the Planning Advisory Board could be present.
Mr. Brockenbrough outlined the duties of this Officer and the estimated cost for the
rest of this fiscal year and also the annual cost.
In behalf of the Planning Advisory
Board, Mr. Kuperberg explained the need for this employee and that zoning laws were no
good unless there was someone to enforce them. He said the Building and Zoning Official
does not have the time to handle th:s.
Mr.. Oliver was asked his opinion and said that
this Officer was badly needed.
.
After consideration, Co^incil voted to employ this Officer.
The Planning Advis,)ry Board adjourned at 9:40 A.M.
Respectfully subm'tLed,
rm
Gilbert E. Oliver, Secy.
Planning Advisory Board