153
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD IN THE CITY HALL OF
NAPLES, FLORIDA, WEDNESDAY, NOVEMBER 3, 1965 AT 9:00 A.M.
Roll Call:
Present:
Archie Turner, Mayor
Robert L. Combs
Francis Ford
Carl O. Hoffmann
Goodloe McDowell, Councilmen
M. J. Casey Miller, Councilwoman
Absent:
Joel Kuperberg, Councilman
Also Present:
Tom Morgan, Miami Herald
Fred Winter, Fort Myers News-Press
Sam England, Collier County News
Judy DeTurk, Naples Star
Richard Cox, Gulf Coast Television
Harry Nell, Gulf Coast Television
Vincent P. Wood, Jr., City Manager
David C. Spingler, City Attorney
William F. Savidge, Public Works Director
W. R o Wilson, City Engineer
Bert L. Pinkston, Building-Tax Official
Walter R. Rogers, Finance Advisor
Robert J. Bend ,3r, Administrative Aide
0. L. Bass, Chief of Police
G. P o Riner, Fire Chief
Julius Lesser, Recreational Director
Engineer Raymond Miller
Rev. John W. Stump
Rev. W. K. Richwine
Robert A. Eckles
David Pfaff
Lloyd Easterling
Thomas S. Campen
L. N. Ingram, Jr.
Kenneth Greer
R. W. Wood
Carl Holbrook
Dan Shearer, Gen. Mgr. Inter-Co. T & T
Douglas Cummins
Walter G. Sorokoty
Robert R. Hagaman
W. G. Dowling, Jr,
Tom A. Aldridge
Gary D. Young
Ronald May
Richard Yannaco
H. S. Tenney, Jr.
L. L. Hampton, Tr-County Eng.
Penny Morgan
Dodge Representative
Other interested citizens and bidders..,
2
Following invocation by Reverend Stump, motion made by Mrs. Miller, seconded,
b MT. McDowell that the minutes of Re ular Meetin of October 20 l'6 . be
approved as presented, and the readingthereof dispensed with. Motion carried.
Agenda Item 3. Reports: (a) Zoning and Planning Board (1) Request from B. Clarke
Nichols for closing of alley contained within the boundaries of Lots 19 thru 22,
inclusive, and Lots 31 and 32, Unit 1, Coquina Sands, City Attorney Spingler
explained the request and introduction of the item at the regular monthly meeting
of the Zoning and Planning Board held on October 27, 1965, and reiterated his
legal opinion that the City has power by Charter and Statute authority to qacate
streets and alleys. Attorney Soi-okoty, representing Mr. and Mrs. H. Y. Levinson,
owners of Lots 25, 26 and 27, Unit No, 1, Coquina Sands, did not concur in the
legality of 'closing streets or alleys for the benefit of private interests, and
stated such action would require special legislation, Provisions contained in
the recommendation of the Zoning and Planning Board, by motion, to grant the request of the potititintr having not yet been met, no action was taken by Council.
Upon request of Attorney Sorokoty that his prepared brief be docketed, Mayor
Turner instructed the City Clerk to cause the brief to be made a record and a
portion of these minutes. Motion made b Mr. Hoffmann seconded b MT. McDowell,
tablin the item until further information is received by Council, with the subject
to be laced on a future a enda. Motion carried.
Agenda Item 3 (a) (Z) Request from Mr. Tom A. Aldridge for commercial use
"Laundromat" to be located at 2220 Ninth Street North, Lot 1, Lakewood Park;
Zone "H" Motel District. Councilman Combs moved to confirm the recommendation
of the Zoning and Planning Board under date of October 27, 1965. Seconded by
Councilman Ford, and Roll Call vote;
Mr. Combs
Dr. Ford
Mr. Hoffmann
Mr. McDowell
Mayor Turner
Yes
No
No
No.
Yes
Motion failed to carry.
Vice Mayor Miller abstained from both discussion and vote due to a possible
conflict of interest in being a partial owner of property at another location
where there is presently a laundromat. Further consideration was given regarding
appropriate screening of the opening of the laundromat which might prove distasteful to those across the street; possible creation of a hazard to traffic by adding
to a congested area and urgency for action so that R. W. Wood Construction Co.
may complete the building for tenants wishing occupancy. Mr. AldWge stated the
plans provide for a grassed area with planters and the building would conform
to other " 7 - 11" stores in appearance. The "Nay" votes being qualified as not
being adverse to the laundromat but desiring a more attractive appearance, City
Manager Wood suggested a possible solution. He said this particular location
has the regular 100 ft. right of way for the State Road (Tamiami Trail) and in
addition on the East side there is a 25 ft. strip that was created as a result of
the Naples Little Farms plat, that it could be used for a landscaped planter
which would aid to the attractiveness of the property. A suggestion that Zoning
and Planning Board might review, following Council discussion, an' schedule for
next regular meeting of Council on November 17 considered by Councilman Hoffmann
to unnecessarily delay construction.
It was decided that if the Zoning and Planning
Board reviewed the situation during their bus tour of the City on Thursday, November
an agreement might be reached and the problem resolved in discussion with the
City Manager, and the matter might be expedited in some manner.
-33 (b) Sign Committee„ Building Official Bert Pinkston presented
proposed directional sign for the Assembly of God church which request had been
deferred from last regular meeting of Council for review by the Sign Committee
and their recommendation. Locations were specified by Rev, Richwine and motion
Agenda Item
made by Dr..12111, seconded by Mr. Com12.2, that request be granted for the directional
oadDeartment. Motion carried, with
sinssuatef
_t_p
Manager Wood reminding Council the church is not within the corporate limits of
the City of Naples, that there are many churches outside the City and a precedent
might be established. Councilman Hoffmann asked Council to consider protection
by a Resolution to the effect that Council will review these matters from time to
time so that no one may claim a vested interest; that policy will be continued so
long as feasible, but subject to review.
Agenda iteal_LL City Attorney - Police regulations. Attorney Spingler outlined
CC
)--
for Council the need for ordinances regulating and requiring all service personnel
gainfully employed in an occupation that would require contact on a service level
with the public, to be registered with the Police Department. Each would be
photographed and fingerprinted and furnished with an identification card. This
recommendation made by Chief Bass and Attorney Spingler in an effort to reduce an
influx of those who might be criminally inclined as preventive legislation.
Secondly, in dealing with taxicabs, to require photograph and name of taxi driver
to be displayed in each cab, and rates be furnished by the taxicab companies to
the City. Thin, the &firearms registration act whereby anyone selling hand guns
in the City furnish the Police Department on a week to week basis the name, address,
serial number etc of any weapons sold. Chief Bass added to Mr. Spinjler's sugges-,
tions regarding taxicab companies that they register with the City their liability
Cnsurance coverage for protection of passengers. Motion made by Dr. Ford, seconded
by Mr. Combs instructing the City Attorney in coo peration with the Chief of
or Council consideration as outPolice to •re are a draft
lined. Motion carried.
Chief Bass assured Council copies of recommendations
will be in the hands of members prior to the next regular meeting, at which time
A fourth item presented by
the proposed ordinance will be an acieryip item.
Attorney Spingler related to the Building Code and concerned the use of helper
electricians on a job without proper supervision. He said the Building Code does
not provide that a Journeyman electrician supervise and recommended incorporating
into the Building Code a provision requiring any helper electtician working on any
construction job within the City to do so only under the direction of a Journeyman
or Master electrician. Motion made by Mrs. Miller, seconded by Mr. Combs, and
carried, directing the City Attorney to prepare such an ordinance for approval at
next regular Council meeting. Councilman Hoffmann took this opportunity to
congratulate the Mayor, City Manager and Police Chief upon the new appearance
and efficiency of the Naples Police Department stating the citizens have relayed
to him in numberous instances their appreciation for the new look, new service,
new attention and personal touch. Mr. Hoffmann's statement was very well received
and agreed by those present.
Item 4 • Old Business (c) Open bids 10:00 A v M. on four Police car's. Mayor Turner
called for any and all bids and announced bidding closed. Opened and read by
City Manager Wood, bids were as follows:
1.
Ingram Chevrolet, Inc. $4519.44
$1506.48
Del. 30 days
Del. 30 days
3 patrol cars
1 compact car
$5079.78
Del. 30 days
Del. 30 days
3 patroicars
$4380.00
No Bid
3 patrol cars
1 compact car
2.
3.
Collier Ford & Mercury
Wood Chrysler Plymouth, Inc.
1 compact car
$1814.38
Del. 60 days
11.
Motion made by Dr. Ford, that award be made to Wood Chrysler Plymouth, Inc. on
the three patrol cars at $ 4380.00 and to Ingram Chevrolet, Inc. on the compact
car at $ 1506.48. There was no second and motion made by Mr. Hoffmann seconded
by Mr. Combs referrin bids to City Man222: and Chief of Police for consideration
and recommendation later in the meetingcarried,
Recreation Board. Report of meeting of the Recreation Board
dated Oct, 20, 1965 acknow/edged with motion . 12y MT. Hoffmann second_iaiirs,
Miller and carried, Some of the items required further consideration by Council
and the item was requested to be placed on the a2enda for next re2RiaLmeting
on November P. Councilman ,McDowell moved tq_acknowlecige the_gift of wind curtains
for the tennis courts b Chairman John Cowles, Seconded by Councilwoman Miller
carried. City Clerk requested to convey by letter Council appreciation to
MT. Cowles for his generous contribution,
Agenda Item 3
3 (c) Chae,ei of Commerce - Publicity, Budget for fiscal year
October 1965 through September 30, 1966 presented by Mr, Lloyd Easterling, and
following discussion, Mr..Hoffmanp movej the item be_placed on the..2a9.11,112E
meeting of November 17 for formal approval, Seconded_by2r, Combs, and carried.
Agenda Item 4, Old Business: (a) Enforcement of Zoning Ordinances. This item
having
deferred from last meeting of October 20, motion made by Mx. Combs, seconded
Mr. Hoffmann and carried, that this situation be discussed in Council conference
to be held at 10:00 A,M. on Monday, ijovember 0th,
been
11
Item 14
Award of bids on item 1, 2, 3, 6, 7, 8, 9 and 10 (October 20 agenda)
7IT-lievating Platform Fire Truck. Bids having been referred for tabulation and
recommendation, Fire Chief Rifler at this time recommended purchase of the Pittman
75 ft, elevating platform ladder fire truck at $ 67,443.70 with 300-330 calendar
day delivery date, Chief Riner elaborated upon his reasons for recommending
this selection over the low bid of Ward LaFrance of $ 62,887,00 and high bid
of American LaFrance at $ 69,431,00, he stating they do not meet City specifications.
Motion made by_LT. Ford seconded bi_LEs_Comps that the recommendation of Fire
Chief Riner be acce ted and award made W. G. Dowling, Jr. f1-. the Pittman equipment at $ 67, 3.70. Some reluctance was expressed by members of Council in
approving this major expenditure without further study and consideration, and
Roll Call vote:
Mr, Combs
Dr, Ford
Mr. Heffmann
Mr, McDowell
Mrs :, Miller
Mayor Turner
Aye
Aye
Nay
Aye
Nay
Nay
Mr. W. G, Dowling, Jr,, representing the Pittman equipment and Mr. Ken Greer
representing Ward LaFrance, explained in detail their products and advantages
one over the other, Award of bid will be made at a later date when a decision
is reached. Motion made bx_Dr„ Ford seconded by Mr. McDowell and carried,
to interrups_frzeaa.uciato_iproce9d to Item 5, New Business d) Discussion of
services provided by Inter-County Telephone and Telegraph Company, Councilman
Hoffmann lead the discussion with Mr, Dan Shearer, General Manager of InterCounty Tel. & Tel, Co. of Fort Myers, regarding improvements in long distance
service and local service and said this problem is beginning to affect the image
of the City; that much time has been spent in zoning, advertising and other items
in discussion in relation to benefits to the City. Mr. Hoffmann recommended a
1
-5-
C:
Ca
CC
course of either the closest possible cooperation between the top level management of the telephone company, the City Manager and others in authority, or
petition for public hearing before the Florida Railroad and Public Utilities
Commission. MT,, Hoffmann did not feel a personality problem existed as no man
has tried harder to please the individual subscriber than the local manager,
Mr. Carl Holbrook, but did think that due to the voluminous complaints received
on both long distance and local service liason should be set up and meetings held
to discuss the problems, Mr, Shearer expressed deep concern also and explained
steps already taken on expanding and extending the local exchange service and
what is imminent for the improvement and expansion of loncf, distance service this
month; that an $ 300,000 project is now being concluded in the construction of a
new micro wave system which will double tong distance facilities in and out of
Naples, which should be 100% complete by mid-November. This (licro wave system to
be constructed between Fort Myers and Naples will also provide long distance
facilities for the new Marco Island exchange to be activated November 21. In
conjunction with the American Telephone and Telegraph Company and Southern Bell
Telephone Company, vast improvements have been made in the inter-state link
between Fort Myers and West Palm Beach which will provide better service; also
the "bottleneck" at Jacksonville has been eliminated. The micro wave system
which is the best that can be purchased has double protection'i q that if one fails
another automatically comes in which the present 100% loaded system does not have.
MT. Shearer explained that following the installation of the North Naples Lyric
exchange local expansion will be completed to up-grade service between the city
limits of Naples and the area of the North Naples Lyric exchange. By December 31
approximately 1300 upgrades of services will be provided 5y subscribers converting
party lines to one-party service and by the middle of 1966 the $ 2,500,000 two
and one-half year program for the improvement and expansion of Naples and Collier
County should be completed, Mr. Hoffmann made sevcral suggestions for handling
of complaints, dialling and other local problems wh ; sh were noted and appreciated
by Mr. Shearer,
In reply to a question of rate reduction Mr. Shearer said he did
not foresee any and that within the last year two have been made, but that difficulty
is being experienced in keeping them at the present level due to rising prices.
Also explained in reply to question as to the reason for delay of six days for
communication following the hurricane, was damages to the interstate system between
Fort Myers and West Palm Beach, one at Fort Myers and one area at LaBelle, Replacement parts were on hand but due to the high winds the company could not
afford to take the crews up on the towers. Calls were routed through Tampa as
an alternate on out-going calls but in-coming calls could not be completed. MT.
Shearer confirmed good liason with the City Manager's crews in the street program
with the exception of some delays beyond control and assured Council of cooperation in meeting with the City Manager to keep Council informed of progress being
made, Mayor Turner thanked Mr, Shearer for his presence and report.
4 (0_ Open bids (10:00 A, M,) on four Police cars. Bids opened
at 10:00 A. M. and referred to Chief of Police Bass for recommendation earlier in
the meetin:1„ Low bid of Ingram Chevrolet, Inc, on the one compact car@ $1506.43
Del, 30 days; second low bid of Ingram Chevrolet. Inc, on the three regular patrol
cars @ $4519.44 - )el, 30 days, recommended by Chief Bass for the following reasons:
(1) Difference between low bid of Wood Chrys:,-..x Plymouth, Inc. of $ 139 0 44 not
sufficient reason to warrant difference in delivery dates and extra maintenance
during the interim (2) Vehicles with mileage of 50,000 less safe to operate and
prefer new patrol cars as early as possible for the benefit of the officers.
Councilman Hoffmann moved to acce t the recommendation for award. Seconded by Mr.
McDowell, and unanimous
carried, A representative of Robins Dodge Company expressed interest in the bidding but explained they could not bid according to
specifications requiring additional 2" wheel base. Mayor Turner thanked all bidders
for their interest in bidding.
Agenda Item
ic
- 6Agenda Item 4 (b) A4ard of bids on Items 2, 3, 6, 7, 8, 9 and 10. Tabulation
and recommendation on Public Works items for Street materials, Petroleum and
Tires, Work Uniforms, Water Department chemicals, were all low bids with exception
of four due to plant and pit locations of the suppliers. Janitorial Supplies,
Office Supplies and Electric Light Bulbs were tabulated with recommendations,
and motion made by Dr. Ford, seconded by Mrs. Miller, approving recommendations
for award in their entirety. Motion carried.
Agenda Item 4 (d) Report on Gordon River dredging North of sewage treatment plant.
City Manager Wood said attention was called to this matter at the last regular
meeting of Council by Mr. Kuperberg and concerned the dredging of Gordon River in
the vrcinity immediately North of the-seWaje : treatment , plant. Due to the feet that
Councilman Kuperberg was concerned that this dredging project would have an
adverse effect upon the fresh water supply. Mr. Wood had asked Mr. L. L. Hampton
of Tr-County Engineering Company, representing Mr. J. G. Sample, to appear before
the Council. Engineer Hampton concurred in all efforts to conserve water supply
and proceeded to explain why Mr. Sample's request for permit would not endanger
the supply in that area. He said from where the City is presently dredging at
the sewage plant to the North a subdivision is permitting the dredging in coordination with the City Manager's operation and proceeding North in the next section
is the area where Mr. Sample wants to clean out the channel, pick up the material
that is presently deposited on the rock and fill in the lower area adjacent to that.
He does not propose to cut through rock, or blast, or encroach upon any other area.
The section Mr. Kuperberg represents is farther to the North and he is rightly
concerned for facilities there which is a great asset to this community and the
entire state, which interests are well worth protecting. By plat Mr. Hampton
explained the location of the cut requested to go to the rock, remove the sands
and loose material deposited over the years. Mayor Turner stated since the
opening of the Golden Gates canal the flow of water had been diverted that formerly
had gone down Gordon River and where there was fairly deep water now because of the
silting, Mr. Sample is asking for permit to sweep the overburden off the rock and
that any objections should be lodged with the U. S. Corps of Engineers. The
City can take a position as an objector if they feel there is any chance of their
fresh water supply being damaged. Mr. Hampton went further in assuring Council
this particular operation would not damage the fresh water supply by drawing attention on the map that there is a canal caning down directly West, then bending to
the South about where it enters into the old river. According to the information
from the County engineer, the depth is minus 12. As it enters the river it has a
ridge or underwater weir effect that comes up to a minus 6. That was cut to start
with for drainage and in Mr.. Hampton's opinion the greater depth was to catch some
of the silt which depending upon the velocity of the water would wash over the
bar in any case. He said what prevents the salt water from encroaching in that
area where the cut is so dedp is the head of fresh water. It is most important
and vital to keep the head of water up sufficiently to keep the salt water from
increasing as that alone holds the salinity line. Mr. Hampton referred to documents, statements and studies including information on page 600 of 1955 Year Book
of Agriculture, U. S. Department of Agriculture, in proof of the theory. He
assured Council of his cooperation in water conservation at any time. There was
no action taken by Council.
Agenda Item 5. New Business: (a) Authorization for the borrowing of $ 1,000,000
on a Bond Anticipation Note. Finance Advisorlialter R. Rogers recommended this
action to borrow funds according to a commitment from the Chemical Bank New York
Trust Company at 3% for six months to be drawn in amounts of $ 100,000 as needed
in lieu of selling the $ 1,000,000 Public Improvement Revenue Bonds at this time
due to the bond market situation. Councilman Hoffmann agreed with this and Mr.
159
-.7Rogers stated Chapman and Cutler, bonding attorneys of Chicago have agreed to
furnish an unqualified opinion in connection with the note. This move will
insure receipt of the $ 330,000 Federal Funds. Resolution authorizing the
borrowing of $ 1,000,000 read by Attorney Spingler and with motion by Dr. Ford,
second b Mr. McDowell Resolution No. 1134 a
. yproved as read. Roll Cali vote:
Mr. Combs
Dr. Ford
Mr. Hoffmann
Mr. McDowell
Mrs. Miller
Mayor Turner
C:
CC
Agenda
to the
Ly Mr.
Motion
Aye
Aye
Aye
Aye
Aye
Aye
Item 5 (b) Resolution requesting the extension of Central Avenue East
Airport etc. Resolution read by City Manager Wood, and with motion made
Hoffmalp,_E' econded by Mr. Combs, Resolution No. 1135 approved as presented.
carried.
Agenda Item 5 (c__) First reading of ordinance authorizing the borrowing of
$ 16,640. for the purchase of a maintenance grader and front end loader. Ordinance
read by City Manager Wood and with motinn made by Councilman Hoffmann, second by
Councilman Ford,_ Ordinance No. 1136 approved at first reading. Motion carried.
Agenda Item 5 (e) Correspondence (1) Manager Wood reviewed plans for re-arranging
of parking facilities on 5th. Avenue South already discussed and cleared with
the Off-Street Parking Committee. Instead of the 20 ft. stalls end to end there
would be two 20 ft. stalls and then an 8 ft. space followed by two more 20 ft.
stalls end on end. Purpose of this change to facilitate the traffic flow on 5th.
Avenue South and to make parking less difficult for those for whom parking is
difficult. The net loss proved to be only six parking spaces and Mr. Wood authorized to proceed with the change as recommended by the Off-Street Parking Committee.
(2) Councilwoman Miller commended City Manager Wood upon his splendid leadership
at the 9th. Annual Conference District 696 Rotary International held on October
29 - 30, 1965 and attributed much of its success to his efforts in improving the
Naples image in the eyes of the many Rotarians and wives attenting the convention.
Meeting adjourned at 12:15 P. M. with motion by Dr. Ford, second by Mrs. Miller.
Motion carried.
Elsie Lehman, City Clerk
Archie Turner, Mayor
CITY OF NAPLES APPROPRIATION
ADVERTISING TRUST ACCOUNT
Greater Naples Chamber of Commerce
BUDGET FOR FISCAL YEAR OCTOBER 1965 THROUGH SEPTEMBER 30, 1966
INCOME:
$ 20,000.00
City of Naples Advertising and Promotion Appropriation
DISBURSEMENTS:
Publicity - 12 full months. Includes individual pictures, regular
statewide and nationwide releases, servicing inquiries
regarding publicity writing and illustrating special
features, maintaining negative and picture files,
servicing special events, preparing press kits and
generally fulfilling all other publicity services
$ 6,400.00
similar to 1964 program.
Paid Advertising (held in reserve - includes media costs, all
preparation and incidental production)
7,100.00
Clipping Service
450.00
Photography, Press Kits, "Naples Rediscovered" Prints,
etc.
725.00
Printing, Brochures
850.00
Postage
29500,00
Mimeo Expense
235.00
Weather Reports
300.00
Billboards
1.,440.00
$ 20,000.00
CABLEGRAMS - "WALBLAN, NAPLES"
SOROKOTY, TAYLOR & HAGAMAN
ATTORNEYS AND COUNSELORS AT LAW
TELEPHONE
MIDWAY 2-5131 - 2-5132
WALTER G. SOROKOTY
J. ELAN TAYLOR ROBERT R. HAGAMAN
945 CENTRAL AVENUE
NAPLES, FLORIDA, 33940
October 29, 1965
THE HONORABLE MAYOR
and
CITY COUNCIL
CITY OF NAPLES
NAPLES, FLORIDA
Gentlemen:
Please be advised that the undersigned firm represents
Mr. and Mrs. H. Y. Levinson, the owners of Lots 25, 26, and 27,
Unit No. I, Coquina Sands, as recorded in Plat Book 3, Page 21,
Public Records of Collier County, Florida.
There is a request pending from B. Clarke Nichols for
closing of alley contained within the boundaries of Lots 19
through 22 inclusive and Lots 31 and 32, Unit 1, Coquina Sands.
I should like to object to the closing or relocation of
said alley on behalf of my clients upon the following principles
of law, to-wit:
1.
The City has no power to sell or barter the
streets and alleys which it holds in trust for the
benefit of the public.
2.
The City cannot vacate a street or alley for the
benefit of a purely private interest such as the request
before this Honorable Council.
3.
That public places such as streets and alleys
of a municipality are held in trust by the authorities
for the benefit of people and the City cannot vacate
streets and alleys when it is not done for general welfare.
CABLEGRAMS - -VVALBLAN, NAPLES.'
SOROKOTY, TAYLOR & HAGAMAN
ATTORNEYS AND COUNSELORS AT LAW
TELEPHONE
MIDWAY 2-5131 - 2-5132
WALTER G. SOROKOTY
J. BLAN TAYLOR
ROBERT R. HAGAMAN
945 CENTRAL AVENUE
NAPLES, FLORIDA, 33940
THE HONORABLE MAYOR
and
CITY COUNCIL
4.
-
2 -
October 29, 1965
That the City of Naples has no authority to vacate
said alley for private purposes; that the Legislature of the
State of Florida may by statute empower a municipality to
divert the use of property to be held for private purposes.
Citing FLORIDA STATUTE ANNOTATED 167.09
We submit to you the following principles of law which
are
in full force and effect today and which appl*
to the City of
Naples as well as other municipalities and the request before this
Body:
Unit I, Coquina Sands was filed and platted on April
8, 1954 by Margaret Scott, Clerk of the Circuit Court
and recorded in Plat Book 3, Pages 21 and 22, Public
Records of Collier County, Florida.
This Plat was approved by the City of Naples on April
5, 1954 and by the Board of County Commissioners on
April 6, 1954.
The Dedication recites that: The owner of
- - - - "the lands hereon described has caused all
easements and reserved areas to be set aside
for the purposes intended".
THUS THE ALLEYS IN QUESTION ARE NAMED AND DESCRIBED AS
SUCH ON THE PLAT.
The Dedication of the streets and alleys, as well as the
acceptance, in addition to use for street and alley purposes,
for proper
was for the perpetual use of public purposes.
We should like to cite to you
the case of WOODLAWN
CABLEGRAMS - '1.NALBLAN, NAPLES.'
SOROKOTY, TAYLOR & HAGAMAN
ATTORNEYS AND COUNSELORS AT LAW
TELEPHONE
MIDWAY
WALTER G. SOROKOTY
J. BLAN TAYLOR
ROBERT R. HAGAMAN
945 CENTRAL AVENUE
NAPLES, FLORIDA, 33940
THE HONORABLE MAYOR
and
CITY COUNCIL
PARK CEMETERY CO.
2-5131 - 2-5132
-
3 -
October 29, 1965
v CITY OF MIAMI - 104 2d 851, as follows:
"Public places of a municipality are held in
trust by the authorities for the benefit Of
people, but this principle does not prevent
the vacation of the streets or portions thereof
when done in the interest of the general welfare.
The fact that, when abandoned, the title to the
street or public place or portion thereof reverts to the adjacent owner is of no consequence
if the power to vacate is present and if such
LOEFFLER v ROE,
power is lawfully exercised". HENRY L. DOHERTY
Fla. 1953, 69 So 2d 331,339;
CO., INC. v JOACHIM, 146 Fla. 50, 200 So. 238;
Sec. 167.09 Fla. Stat., F.S.A., and McLEOD v
CARR, Fla. 1956, 90 So. 2d 112.
The case of PORTER AND THE TOWN OF BARTOW v
CARPENTER
39, Fla. 14 states that:
"Where there is a complete dedication of streets
and avenues on a town plat (or alleys, as the case
may be) as where the owner of land makes a plat of
it with spaces between the block indicating streets
and avenues, and sells the blocks and lots with
reference to the plat, the purchasers have the right
to insist on keeping the streets and avenues open
for public use as such, and they cannot be closed
up or obstructed unless in pursuance of legal authority."
The City of Naples has no legal authority, at the present
time, to close or relocate the alleys in Coquina Sands, Unit 1,
unless said authority is conferred upon it by the Legislature
by Statute, due to the fact that the closing or relocation of
said alleys is for the benefit of private interest and not for
CABLEGRAMS - "WALBLAN, NAPLES"
SOROKOTY, TAYLOR & HAGAMAN
ATTORNEYS AND COUNSELORS AT LAW
TELEPHONE
MIDWAY 2-5131 - 2-5132
WALTER G. SOROKOTY
J. BLAN TAYLOR
ROBERT R. HAGAMAN
THE HONORABLE MAYOR
and
CITY COUNCIL
945 CENTRAL AVENUE
NAPLES, FLORIDA, 33940
- 4 -
October 29, 1965
the general welfare of the people in Coquina Sands, Unit I, City
of Naples.
The Statute F.S.A. 167.09, covering the Chapter-Cities and
Towns of Florida, recites:
"Principle that public places of a municipality
are held in trust by municipal authorities for
the benefit of the people does not prevent vacation of streets or portions thereof when done in
interest of general welfare, and fact that, when
abandoned, title to street or public place or
portion thereof reverts to adjacent owner is of
no consequence, if power to vacate is present and
if such power is lawfully exercised.
WOODLAWN
CEMETERY CO. v CITY OF MIAMI, App. 1958, 104 So.
2d 851.
In the case of Loeffler v
Roe, 69 So. 2nd, 331, the Courts
of Florida have held that public places of a municipality, such as
streets and alleys are held in trust for the benefit of people but
does not prevent the vacation or relocation of a street or alley when
done in the interest of general welfare.
THERE HAS BEEN TWO OBJECTIONS FILED BEFORE THE CITY
AND CERTAINLY THERE HAS BEEN SHOWN NO INTEREST IN
GENERAL WELFARE IN THE CLOSING OF THESE ALLEYS BUT
ENRICHMENT OF PRIVATE INTEREST.
CABLEGRAMS - • 'WALBLAN, NAPLES"
SOROKOTY, TAYLOR & HAGAMAN
ATTORNEYS AND COUNSELORS AT LAW
TELEPHONE
MIDWAY 2-5131 - 2-5132
WALTER G. SOROKOTY
BLAN TAYLOR
ROBERT R. HAGAMAN
THE HONORABLE MAYOR
and
CITY COUNCIL
945 CENTRAL AVENUE
NAPLES, FLORIDA, 33940
-
5 -
October 29, 1965
The Naples Charter and Statute 167.07 of Florida does not
authorize the City of Naples to divert the use of alleys in
Coquina Sands for a purpose inconsistent with the purpose of the
use.
KUMICK v CITY OF ST. PETERSBURG, 136 So. 2d 5.
I should also like to cite to this Honorable Council the
following cases which are consistent with our position:
RONEY INVESTMENT CO. v MIAMI BEACH, 127, Fla. 773 and
LOEFFLER v ROE, 69 2d 331
IN CONCLUSION, I BEG TO ADVISE THAT THE EXERCISE OF AUTHORITY
VESTED IN THE CITY OF NAPLES TO VACATE THE ALLEYS IN COQUINA SANDS,
UNIT I, WOULD BE UNLAWFUL, ABITRARY AND WITHOUT REGARD TO THE RIGHTS
AND NECESSITIES OF THE PEOPLE OF NAPLES, AND AGAIN 1 STATE THAT THE
CITY OF NAPLES HAS NO POWER OR RIGHT UNLESS THE POWER OR RIGHT IS
GIVEN TO IT BY THE LEGISLATURE BY STATUTE TO SELL, BARTER OR RELOCATE
THE ALLEYS WHICH IT HOLDS IN TRUST FOR THE PUBLIC AND CANNOT VACATE
SAID ALLEYS PURELY FOR PRIVATE INTEREST TO BE UTILIZED FOR PARKING.
Respectfully Submitted,
SOROKO Y, TAYLOR & HAGAMAN
eter : Sorokot
cc.to: Mr. H. Y. Levinson
Meredith Strong, Chairman of Zoning Board
B. Clarke Nichols, Esq.
„,••••••n
MINUTES OF THE CALLED MEETING OF THE RECREATION BOARD HELD IN THE COMMUNITY
CENTER, WEDNESDAY, OCTOBER 20, 1965, AT 4:10 P.M.
Present: John Cowles, Chairman
Tom Brown
Garrett Spitzer
Russ Stahlman
Bill Bryan
Also
Present: Julius Lesser, Recreation Director
I. New member, Garrett Spitzer was introduced to the board.
2.
It has
Discussion was held concerning the concession at Lowdermilk Park.
been out of operation for many weeks.
A motion was made by Russ Stahlman that the City should continue to lease
the concession area and that it be run by an outside private interest on
a monthly rental basis paid to the City. The motion also requested that
the board be consulted on the details,
Motion was seconded by Garrett Spitzer and approved by board.
3.
The board approved allowing the following types of organizations the use
of the Community Center facilities.
a. Civic organizations.
b. Non-profit groups.
c. Commercial enterprises if no admission is charged.
No private parties will be allowed.
L. Mr. Lesser explained the new accounts set up by the City Accounting Department to handle the Recreation Department's income.
They are
a. Tennis court lights.
Instructions
b.
c. AH other income,
5.
The board discussed the latest developments in the Candy Cane playground.
6.
The board was told about the gift of wind curtains for the tennis courts,
and they expressed their thanks to the donor, John Cowles.
7.
The condition of the tennis courts was discussed by the director who
explained that the courts are in need of resurfacing and the cost will be
approximately $650 per court.
8.
Mr. Lesser informed the board that Naples would have its first tennis
tournament sanctioned 'by the United States Lawn Tennis Association on the
weekend of October 29-31, 1965.
Meeting adjourned at 6:00 P.M.
Respectfully submitted,Tom Brown,
Secretary Recreation Board