Meeting convened at 8:00 P. M. upon • Roll Call: Present

623
REGULAR MEETING of the Town Council of Naples, Florida, in the
Town Hall of Naples, April 6, 1945.
Present - E. L. Bowling
Wade S. Rigby, Councilmen
Also Present - Fred H. Mellor Tom Attorney
Cale H. Jones, Chief of Police
Joe B. Johnson
Ralph Hill.
As there was not a quorum present, the meeting was called for 1o4ay
-April 9, at 8:00 P . M.
REGULAR MEETING of the Town Council of Naples, Florida, in the
Town Hall of Naples, April 9, 1946.
Meeting convened at 8:00 P. M. upon call of the Mayor.
• Roll Call:
Present - W. L. Clarke, Jr., Mayor
E. L. Bowling
Wade S. Rigby, Councilman
Also Present- Cale A. Jones, Chief of Po lice
W. B. Uihlein, Chairman W aterwnrks
Ralph Hill.
Absent
- H. B. Kelly
C. M. Starter, Councilmen
Minutes of the Regular Meeting of March 2; Special Meeting of March
26, 1945, were approved as read.
Mr. Uihlein, upon being extended invitation to the floor, reported
on status of.waterworks project, stating majority of contracts had
been made with various companies for pipin; valves, meters, fittings,
storage tank, treatment plant and electrical rustproofing. Tnstructions
to be given for Town Engineer to draw up easements in perpetuity
granting right to construct and maintain water mains in certain
locations in the Town. Motion made by Mr. Rigby, seconded by Mn.
B awling, authorizing Mr. William Cambier to do this work.
Cale Jones, Superintendent of Streets, instructed by Council to have
trash and rubbish cleared up at Naples Improvement Corporation Hotel
quarters charging expense of same to Naples Improvement Corporation.
Matter of new street (Gordon Drive) brought before the Council.
Mayor responded according to the Tovn charter, provided 80% of (60%)
property owners adjoining any street so desire, new streets can be
built.
Colored quarters question discussed in general. At the present time,
drainage from Hotel swimming pool running through the canal at these
quarters creating odors and filth. This problem reserved for the future
when a more suitable location may be set aside for such a purpose of
building new quarters,
624
Mr. Ralph Hill, a resident of Tier 1, stated request to tutor children
in that section of the Town. Later to erect n building for the purpose
Present Ordinances restrict such ventures, but it
of a school.
was maintained it is the power of the Council to so amend the
ordinance so as to permit an asset to the Town to be excluded from
the restricted businesses. Attorney mellor to be consulted, and
further judgment withheld pending future developments.
Committee Reports:
fr9,1
or
Correction - Mr. Rigby for Dock Committee - Stated when present
5-year least on -e ish Dock expires Jul7 5, 1945, that
it not he renewed. This the unanimous consent of
Council.
C orresponlence read from Doxsed ''ompany relative to
their 1944 tax assessment. Clerk instructed to notify Attorney Mellor
to amwer Doxsee protest to present assessment informing them the
1945 assessment will remain the same as the 1944 assessment.
Cost to date on p ier 012,463.88 plus retainage due
to contractor, in the amount of 0718.78, equal to total of $13,182.66.
Mr. Rigby for Police Committee - Second police officer Harry h . Lundquist
involved in accident on Saturday night, ( Sunday morning 2:30 )
7th. while on duty. His car a total wreck, due to Orange State Oil
Company truck colliding with his car on the Tamiami Trail south of
Club House road. Occupants injured in various degrees. Insurance
companies notified.
Cale Jones reported pay raise to street crew
upon consent and approval of Council and mayor, effective as of
two weeks period, payroll ending A pril 6th.
Clerk reported 1944 taxes collected RS of April 1, all excepting
057.25. Deposited to Waterworks Account April 2, First National
Bank in Fort Myers, $152,375. Amount secured by 1 U. S . Treasury
Notes of lie amount, Safe Keeping Receipts for same on file Town
office. Clerk instructed to draw check for $2500.00 from Waterwprks
Account to reimburse General Fund with amount appropriated penal/rig
consummation of financial funding arrangements. Also $2375.00 '$875.00
interest from 2/1/45 to 3 /31/45 ) and #1500.00 ( 1% of $150,000-)
check deposited to Water Revenue Certificates Sinking Fund. Motion
made by Mr. Bowling, seconded by Mr. Rigby.
Resolution made by Mr. Bowling, seconded by Mr. Rigby to destroy the
Water Revenue Certificates in the amount of $125,000, which were
printed and executed but never sold and delivered, dated November
1, 1941 and validated by decree of the Circuit Court of Collier
County, Florida, dated October 31, 1941, certifcate certifying
that said Water Revenue Certificates have been burned and destroyed
b@ and the same is hereby adopted:
625
Upon motion of Councilman E .L.Bowlingand seconded by
Councilman Wade S. Rigby
, the following resolution was adopted:
WHEREAS, the Town of Naples, Florida, on the
22nd. day of
, September , 1941, by ordinance provided for issuance of
improving and making extensions to the Naples Water Works System,
and said Water Revenue Certificates were validated by a decree of
the Circuit Court of Collier County, Florida, dated the
of
October 31st. day
1941 and sai4 Water Revenue Certificates were
printed and executed by the officials of the Town of Naples, Florida,
but were never sold or delivered, and
WHEREAS, the said Town of Naples, Florida, by ordinance dated
December 20, 1944, did provide for the issuance of a new issue of
Water Revenue Certificates in the amount of 4150,000, which said
issue was validated by decree of the Circuit Court of Collier County,
Florida, on February 20, 1945, and said issue of certificates in
the amount of 4150,000 was subsequently sold and delivered to B.J.
VAN INGEN AND COMPANY, and it is desired that the previous issue
of Water Revenue Certificates be destroyed and a proper record
made thereof.
y aa, THEREFORE BE IT RESOLVED, that the Mayor and Town Clerk arle
hereby authori*ed and directed to burn and destroy the Water Revenue
Certificates in the amount of 4125,000, which were printed and executed, but never sold or delivered, which said certificates are
dated November 1, 1941
, and validated by decree of the Circuit
Court of Collier County, Florida, dated October 31, 1941 and t
Mayor and the Town Clerk ipaims directed to file of record in the
records of the Town of Naples, Florida, a certificate certifying
that said Water Revenue Certificates have been burned and destroye
and such certificate shall be recorded in the minutes of the Town
of Naples and such burning and destruction of said certificates
1
shall be witnessed and done in the presence of two or more witnesses who shall also certify to the same.
62 6
RESOLUTION as to deposit of proceeds from the sale of Water Revenue
Certificates read and motion made by Mr, Rigby, seconded by Mr.
Bowling that the same be hereby adopted:
RESOLUTION OF TOWN COZCIL OF NAPLES
Upon motion of councilman
seconded by councilman Wade. Rigby , and
E, L. 3owling , the following
resolution was adopted:
WHEREAS, the water certificates in the amount of 4150,000
have been issued by the Town of Naples and sold to B. J. Van Ingen
and Company, and said purchaser has paid to the Town of Naples
the purchase price for said water certificates and it is desired
that the proceeds of the sale of such certificates be safeguarded
and protected for the use and benefit of the holders of said water
revenue certificates and of the Town of Naples, Florida,
TBEREFOiE, BE IT RESOLVED that the entire proceeds from
the sale of such water revenue certificates shall be deposited in
the First National Bank of Fort Myers, Florida, and that said bank
shall be required to secure the deposit of said funds by placing
United States Government bonds or securities as collateral security
for the protection of the full amount of such deposit, and that
such deposit be placed in a separate account with said bank, to
be known as Town of Naples, Water Works Construction Account,
BE IT FURTHER RESOLVED that all checks on said account
shall be drawn and signed by the Town Clerk and Treasurer, and
also signed by the Mayor, and such checks shall be drawn only upon
approval of the amounts thereof, based upon approval of the Town
Engineer and on engineers estimates for the work done or materials,
supplies and equipment purchased for tie construction of the said
ext6nsions and improvements to the Naples Water Works system.
627
C lerk instructed to notify Attorney Mellor to reply to Mr. E . W.
Brown's request of previous Regular Meeting with reference to
closing of street adjoining his property in Ocean View Addition,
the attorneys opinion being this proposal is unlawful as ruled
by the Supreme Court of Florida: quote -
" The corporate authorities of a town have no right to appropriate
the public streets to any other uses other than than that of travel,
or right of way, to which they were dedicated, and the convenience
of the whole public, and they cannot lawfully obstruct the streets
with public or private buildings; and any person Whose property
Is especially injured thereby, may have the aid of the courts of
equity to restrain such improper appropriation."
Correspondence from Dr. Earl L. B aum of March 10, 1945, read and
placed on file j with reference to the relocation and adjustments of
and to Gordon Drive.
Correspondence from Mr, Frank K. Espenhain, President of the Naples
Civic Association, presented to Council. Referring to an expenditun
of money by the Town for the benefit of the Doxsee Company, in excess
of amount specified in Section 69A- of the Charter of the Town of
Naples. Reply made to same by the Mayor, copy on file in Town office.
The second letter from Naples Civic Association regarding Town's
cooperation in planning for post-war work is hereby acknowledged
and members present expressed desire to aid in any way possible
the plans for the future in this respect.
Report made on recent trouble with colored quarers restaurant
conducted by Eugene Dudley, with instructions to Chief of Police
that the first time in the future it is necessary to stop gambling
or disturbance of the peace is reported, the place shall be closed
permanently.
Clerk reported vouchers and checks issued since last regular meeting
upon consent and approval af the Mayor, as follows:
61.10
James Moody, 2 wks period ending 3/9/45 street crew 56.40
Ben Jorden,
4.80
Ed Harrison, "
62.40
3/23/45
James Moody, "
55.20
Ben Jorden
9
9
19.20
"
Ed Harrison
Naples Improvement Corp. 3/27/45 payment existing Water
Works 5,000.00
1.00
Fla. Assoc. for Crippled Children, donation
R. C. Huffman Coast. Co. Duplicate checks Nos. 184 and
186 dated October 13, 1944, lost, bank notified to
stop payment on same.
(Clerk reported Budget Report of Expenditures and Receipts
as of April 1, 1945 0 presented to Council and Mayor this
date )
628
Waterworks:
Edelblut Company, 3/22/45, pipe, values etc.
Columbian Bank Note Company, printing certificates 3/19
Joe P. Maharrey, drilling wells 3/19
Chapman & Cutler, validation bonds - expense 4/3
363.55
103.50
583.87
217.94
and presented the following current bills for approval:
535.00
Official Pay Roll for March 1945
10.65
Cale 11 • Jones, tel. bill for Feb. and for March 1945
5.78
Elsie Lehman, petty cash expend. per bills attached
5.00
Floyd Pate, member fire Dept. March
5.00
Carver,
"
S. m .
130.89
Fla. lower and Light Co. March a/c per approved bills
4.70
Inter County T el. and Tel. Co. March a
8,75
Naples Improvement Corporation, March a/c water
1,061.44
Naples Supply Company, March a/c t ier , materials
R oyal Palm Service Station, March a/c
37.95
7.45
S. J . Griffin, ice - administration and street crew
94.25
Terminal Service Station, March a/6
2.40
Parker's Book Store, March a/c
Mrs. P. I. Lundquist, insurance policies
229.60
16.51
W. B. Drew Company, March a/c printing
The H.
59.00
Weld-Rite W elding Works, Pier a/c drift bolts
Campbell's General Store, March a/c
4,48
Albert Hoard, police dept. car repairs,
4,80
Office of Collector of Internal Rev. "ith. Tax per 3/31/45-209.10
James Moody, 2 wks street crew per ending 4/6(45
67.20
62.40
Ben Jorden,
11
tt
62.40
Ed Harrison
E. H. Frank Ildw. Co. March a/c
3.25
Frank h . rewer, P ier contract payments and piling
2,178.39
7.15
Rudy Frank, repairs on street truck, March a/c
Waterworks A/C checks:
21' - 3" pipe
.Franklin lidw. Co.
10.08
32.25
Ed Snott i validation expense bonds waterworks Campbell s Gen. Store - Material test wells
3.00
Cale H. Jones, Gas Miami deliver bonds 1.45
T erminal Service Station, gasoline pumps and wells 11.02
William Canbier, engineering service water system March 131.00
4.75
h . H. Frank adw. Co. Materials test wells
Inter G. o. Tel. and T el. Co. Telephone service 3.30
Fred H. Mellor, attorney services validation waterworks 350.00
Thereupon moved by Mr. Rigby, seconded by Mr. Bowling, aid carried
unanimously that vouchers and bills be approved as read and current
bills . be ordered paid. No further business appearing, meeting
adjourned in due order.
g21.141.:_,C22 A.vv 41Ki
isle I. Lehman, Town Clerk
r
FINANCIAL STATEMENT
May 1, 1945
General Fund on Hand April 1, 1945
Lee County 3ank
(Balance unchanged from April 1, 1945) General Fund on Hand April 1, 1945
Fist National Bank
April 1945 Disbursements:
Gen. Expense, Administration Gen. Expense, Other St. Repairs and Improvements 2olice Department... Fire Department Sanitation andhealth Bay Dock operation and maintenance Street Lighting Pier Account Elterworks - Purchase Adv. and Donations A/C Receivable, Lot Cleaning ithholding Tax - Dr
4,556.06
12,809.32
, 225.91
188.10
345.96
444.74
40.31
53.60
8.00
126.49
3299.86
5,000.0D
1.00
11.47
209.10
9,954.54
2,854.78
66.10
2,920.88
Withholding Tax - Credit April 1945 Receipts:
1944 Gen. Taxes Collected Misc. Rev. and Exc. and Bldg. 2 ermits Police Fines and Forfeitures Dog Licenses.... A/C l s Receivable, Lot Cleaning Tax 2enalty and Interest Refund from Waterworks acct. loan Occupational L icenses.. Punch Board Licenses 716.48
3.30
100.00
0.75
102.68
1.18
2500.00
8.10
1.00
3,433.49
Balance First National Bank May 1, 1945
6,354.37
Less
(now in) Bad Checks 31.75
Book Balance 6,322.62
General Fund on Hand April 1945
Bank of Eve-oglades
(Balance unchanged from April 1, 1945)
r
3 817.52
0
Total Funds General Fund on Hand May 1, 1945 Canal Bond Sinking Fund on Hmnd Anril 1, 1945
The First National Bank April 1945 Disbursements:
Caaal Bond payment Canal Bond Interest Canal Bond Cancellation Expense....
14,696.20
5,632.86
3,500.00
280.00
5.00
3,785.00
1,847.86
April 1945 Receipts:
1944 Bond Taxes Collected 184.53 184.53
Balance First National Bank Canal Bond Sk.701 May 1 - - - -2,032.39
TOTAL FUNDS ON HAND MAY 1, 1945
0
16,728.59
Submitted to each the Mayor and Councilmenthe 4th. day of May, 1945
Certified:
Tie
M. Lehman, Town Treasurer.