Jerry Pugh, T. V. 2 Tom Mosgers, T.V. 2 Debbie Mermell, WEVU

26
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MINUTES OF THE REGULAR fl} STING OF COUNCIL HELD IN JOINT SESSION
WITH THE NAPLES PLANNING ADVISORY BOARD IN THE CITY HALL OF
NAPLES, FLORIDA ON WEDNESDAY, DEC EMBE R 18, 1974 AT 9:00 A.M.
Roll Call:
Present:
Also Present:
Jerry Pugh, T. V. 2
Tom Mosgers, T.V. 2
Debbie Mermell, WEVU
Paula Crouch,
Ft. Myers News Press
Dwight Otweil, Naples News
Jim Wilkerson, WINK
John Arnold, Miami Herald
Steve Smith, WBBH
Rachel Kern, Naples Star
Gary Hook,
Ft. Myers News Press
Edward Anderson
Lawson Adams
Roger Billings
Jim McGrath
Clayton Bigg
Harry E. 0. •Heineman, Mayor
Gilbert V. Blanquart
Virginia B. Corkran
W. H. Herbert
Arnold E. Lamm
John M. McGregor
Philip C.Morse, Jr.
Councilmen
Harold E. Williams, City Manager
Charles K. Allan, City Attorney
Janet L. Davis, City Clerk
William Savidge, Public Works Dir.
A. B. Sandquist, Bldg. & Zoning Adm.
Jerry Annas, City Planner
Cliff Schneider, City Engineer
Diana Mullen, Planning Board Clerk
John Woodruff, Police Chief
Dave Dampier
Gary Young, Asst. Chief of Police
Bob Moss, Customer Service Supv.
Bradley Estes, Administrative Aid
George Reardon, Dir. Parks and Recreation
Mrs. Marie Mueller
Lloyd Sarty
Bruce Shannon
Alex Gover
Clyde Taylor
Wes Downing
Bob McDaniel
William Shearston
William Walker
Other interested citizens and visitors:
Mayor Heineman called the meeting t_o order; whereupon,
Paul Jassimides of the First Presbyterian Church offered the
Invocation followed by the Pledge of Allegiance to the Flag.
call indicated all members of Council present.
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Reverend
Roll
266
AGENDA ITEM 3. APPROVAL OF MIL'UiTS :
Mayor Heineman introduced the minutes of the regular meeting
of council held on December 4, 1974 for Council's approval. There
being no changes suggested, Mr. Herbert moved for approval of the
minutes as submitted, seconded by Mr. Morse and carried unanimously.
AGENDA ITEM 4. JOINT PUBLIC HEARING: City Council and Planning
Advisory Board,
Mr. Clayton Bigg, Chairman of the Planning Advisory Board
called said Board to order and roll call indicated all members
present. The following Item 4 -a was presented for joint consideration by the City Council and Planning Advisory Board.
Special Exception Petition No. 74 -S12 - Permission to install
two, unlighted tennis courts at Venetian Bayview Condominium for
Heftler Realty Co., Clyde M. Taylor, Vice President. This property
is located at 555 Park Shore Drive.
4 -a.
Mayor Heineman announced the public hearing open at this
time; whereupon, Mr. Allan read the legal notice of public hearing
relative to the above referenced Petition No. 74 -S12 as it
appeared in the December 2, 1974 issue of the Naples Daily News.
Mr. Clyde Taylor, Vice President of Heftier Realty Co..
the company developing Venetian Bayview, was present to review the
background of this petition. He noted that the same petition had
been requested at a previous hearing and denied because of the
location of the tennis courts. He then offered a plan revised to
reflect a change in the landscaping to protect the abutting homes
from the tennis courts as proposed in the development. He further
submitted an Agreement as drafted for council's approval wherein
Heftier Realty Co. assured them that the Condominium Association
shall always maintain the trees and shrubs which are to be located
on the east side of the tennis courts so long as the tennis courts
are maintained and utilized. This agreement, on approval of council,
was to become a part of the declaration of condominiums.
Congratulations were extended by Mrs. Corkran and Mayor
Heineman for the effort put forth by the developer in revising
his plans to reflect protection from the courts for the neighboring
residents and still maintaining a very high quality type design.
For the purpose of the record Mr. Allan pointed out that under
the Special Exceptions Standards one of the provisions is that any
nuisance or hazardous feature involves a suitable separater or
He explained that was the reason for
buffer from adjacent uses.
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26
,;,..
the buffer as proposed by the developer which would comply with
the standards as set forth. He continued that the exceptions
and the standards also provide that appropriate standards shall
be determined and made a part of the permit. Therefore, he
advised, this agreement if entered into, will become a part of
the records in issuing the permit to which Mr. Taylor expressed
full agreement to this understanding.
Mr. Lamm then summarized by stating that he wanted to be
certain that such agreement was entered as part of the record and
that any approval of the petition was contingent on the City's
final execution of the agreement.
Mr. Alex Gover, representing the Park Shore Association
reported that while the members of the Association were appreciative of council's previous action for denial of the referenced
petition as submitted by the Heftier Company relative to this
subject matter, i_re consensus was not unanimously in favor of
approval of the petition as presently stated and proposed.As an
alternative -*fc what may otherwise be a less desireable vista
against five story buildings, the Association actively expressed.
a desire to have the proposed tennis courts together with the
amenity package which the petitioner has presented. Mr. Gover
commented that accordingly with the express purpose and intent
that every statement and every detail which the petitioner has
entered into the record in this matter be deemed a specific condition to the granting of the exception, the Association withdraws
their objections and on behalf of the adjoining property owners
they ask the Planning Board and City Council to give favorable
consideration to this petition.
Mayor Heineman then asked if anyone else
the subject. There being no comments offered,
the public hearing at 9:27 A.M. and asked for
the Planning Advisory Board which reflected a
tion for approval with the understanding that
of the agreement with the City as part of the
exception.
wished to speak to
the Mayor closed
recommendation of
unanimous recommendathere be an execution
granting of the special
Mr. L amm then move d that counc il accept the recommendation of
the Planning Adv isory Board with the proviso that the drawing
(Exhibit "A") be part of the record and be noted as part of the
agreement that is to be executed by the City before this special
exception becomes effective, seconded by Mr. Herbert.
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Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
Mr. Bigg retired the Planning Advisory Board from the
meeting at this time.
AGENDA ITEM S. Discussion of the need to advise the general public
of the history of the Water/Sewer Agreement. Requested by
Councilman Blanquart.
Mr. Blanquart commented that inasmuch as yesterday's conferenc
reflected a consensus of council that there was a need to inform Mj
the public of the substance of the controversay relative to the
water/sewer agreement and that the material should be prepared in
anticipation of that information being given to the public, he
would therefore move that this item be removed from-the agenda
seconded by Mr. La mm and carried unanimously.
AGENDA ITEM 6. A Resolution retaining the law firm of Alley, Rock
and Dinkel of Tampa, Florida to represent the City of Naples in
connection with all labor matters relative to its collective
bargaining obligations, including acting as its negotiators.
Mr. Blanquart m ov ed that the above refere nc ed Agen da
Item 6 be considered as a last item on the a g enda, seconded by
Mr. La mm and carried unanimously.
AGENDA ITEM 7. An Ordinance amending the Code of Ordinances of
the City of Naples, Florida, as amended, by repealing therefrom
section S, entitled "Zoning Board of Appeals; establishment
and composition; terms of office, removal from office, vacancies;
officers; rules of procedure; technical assistance; expenses;
quorum"; section 9, entitled "Zoning Board of Appeals; powers and
duties; exercise of powers"; section 10, entitled "Zoning Board
of Appeals; who can appeal; how to appeal"; and further repealing
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all ordinances or parts thereof in conflict herewith. (First
Reading) - Requested by . Councilmen Blanquart and McGregor.
City Attorney Allan presented the first reading of the
above referenced ordinance for Council's approval. Discussion
revealed that Mr. I-Herbert had been of the opinion the Zoning Board
of Appeals was going to be retained in the capacity of an advisory
board relinquishing only its autonomy and not being entirely
eliminated as the afore mentioned ordinance suggests. He
commented that in his judgment such an arrangement would appear
to have been a more favorable situation rather than delegate
additional responsibilities to an already work loaded board such
as the Planning Advisory Board.
Mr. Blanquart pointed out that the Planning Advisory Board
had volunteered to accept the additional responsibilities inasmuch
as the work load of the Zoning Board of Appeals had been
substantially small and issues were of a nature familiar to the
Planning Board members. Further, Mr. Blanquart recalled that the
Zoning Board of Appeals presently has 4 out of 5 vacancies and
in view of that fact was virtually non-exis Cant .
Following further discussion, Mr. Blanquart move d t hat the
first reading of the ordinance repealing the Zoning Board o f
Appeals be approved, seconded by Mr. McGr_c or.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
No
Yes
Yes
Yes
Yes
Motion carried 6-1.
AGENDA ITEM 8. An Ordinance amending the Code of Ordinances of
the City of Naples, Florida, as amended, by adding to appendix "A"
- Zoning" a new section providing that requests for variances from
the terms of the zoning ordinance shall be submitted to the
Planning Advisory Board for consideration and recommendation to
the City Council as to the granting or denying of said variances;
providing that a , ubtic hearing shall be held by the Planning
Advisory Board after due public notice and notice to property
owners within 500 fzei: of the property described in the petition
for a variance; setting forth conditions for the granting of
variances, providing a savings clasue and repealing all ordinances
or parts thereof in conflict herewith to the extent of such conflict.
(First Reading) Requested by Councilmen Blanquart and McGregor.
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21
City Attorney Allan presented the first reading of the afore
referenced ordinance for Council's approval.
To clarify any question that might arise with reference to
Agenda Item 7 and the issue presently before Council, Agenda Item —'
8, Mayor Heineman noted that approval of the first reading of
the ordinance referenced in Item 7 of the Agenda was a step in the
direction of eliminating the Zoning Board of Appeals. The item
now presented for Council's approval would transfer that authority
"in part" to the Planning Advisory Board; "in part" referring
particularly to that section of the former power given to the
Zoning Board of Appeals for administrative review which, he
continued, allowed that board to appropriate certain legislative
powers which are strictly the function of the City Council. The
ordinance referenced in Item 8, just read by City Attorney Allan,
would now transfer to the Planning Advisory Board the prerogative
to consider and grant (if advisable) variances from the Zoning Code.
He pointed out that it does not grant to the Planning Advisory
Board the power of administrative review. Mayor Heineman concluded
by noting that the Planning Advisory Board had been contacted
about the additional assignment and they were receptive to
assuming the duties as stipulated.
Mr. McGregor noted that approval of said transfer would take
care of the question of taking evidence under oath which had not
been done previously. Thereupon, Mr. Blanquart moved that the
first reading of the ordinance as presented be approved, seconded
by Mr. McGregor.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
No
Yes
Yes
Yes
Yes
Motion carried 6-1.
x
M
Mr. Lamm moved that Ag enda Item 15 be co nsidered a t this time ,
seconded by Mrs. Corkran and carried unanimously.
k
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AGENDA- ITEM 15.
Bid tabulation and recommendation for the
purchase of seven patrol cars and one animal control vehicle.
Mr. Allan read the following entitled ordinance for council's
approval.
A RESOLUTION ACCEPTING AND AWARDING BID TO BOB TAYLOR CHEVROLET
NAPLES, FLORIDA, FOR THE FURNISHING OF SEVEN (7) PATROL CARS
FOR THE POLICE DEPARTMENT AND REJECTING BID RECEIVED FOR THE
FURNISHING OF AN ANIMAL PATROL VEHICLE; AND AUTHORIZING THE
CITY MANAGER TO ISSUE A PURCHASE ORDER THEREFOR.
Mr. Blanquart pointed out that he was perplexed to find that
out of 10 bids asked for the above proposed purchase of seven
automobiles only two had been received in .spite of the fact that
the auto industry should be competing more openly for such bids
as offered in this case, namely seven (7) patrol cars. Further,
with reference to the specifications outlined in the cars as a
requirement of the City, Mr. Blanquart advised that he had called
the State Purchasing Agent who informed him that steel belted
radial tires were not -recommended inasmuch as at high speed these
tires became hazardous.
Mr. Herbert suggested that perhaps the specifications were
such that, a minimal amount of bidders could apply and it might
be advantageous to review the specifications.
Further discussion with Mr, Gary Young, Assistant Chief of
Police, indicated that trade-in material was at-a low value
inasmuch as the trade-in cars were well used and would require
more to repair than was worth considering. Mr. Williams also
pointed out that relative to the steel belted tires, they were
able to realize longer wear and safety measures without fear of
high speed hazards since they were not used in high speed situations
such as suggested in a chase etc.
,
0
It was further suggested that in light of the few bids received
that the City Manager investigate other sources of competition,
review what other cities are paying for their patrol cars and
in general broaden the entire scope of purchasing to include such
areas as selling the old cars rather than use them as trade-ins or
cannibalizing said cars for used parts, and check on the type of
service that cap be guaranteed if purchases are made outside the
city. Foilo^vin: further brief discussion Mr. Blanquart m oved that
these b l d . b e rejected and call fo r ad ditional bids wi th the City
Manager instru cte d to bro aden the sc ope of de alers, s eco nded by
Mrs. Corkran.
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272
Mr. Williams pointed out that by rejecting the bids council
should realize that they are taking the chance of paying a higher
price for the same cars, plus a good deal of money may have to be
expended for maintenance of the existing cars and a 60 to 90 to
120 day delivery may be realized as a result of the delay.
However, he added that h e had no reservations about rebidding
and surveying out of sta to areas for inclusion in the competition
as long as council was a ware of what is involved in doing so.
Mr. Morse reminded council that a call for bids in this
matter was duly advertised and therefore available to anyone
However, Mr. Blanquart reiterated his
wishing to compete.
request that these bids be rejected and the City Manager re-advertise
for additional bids, Mrs. Corkran commenting to this end that only
two bids had been received out of a possible ten and concern should
be given to more competition for better_.prices.
Thereupon, Mayor Heineman called for the question.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
No
No
No
Motion carried 4-3.
PUBLIC HEARING - An Ordinance adopting regulations
AGENDA ITEM 9 .
governing the use of water from any source for lawn sprinkling
within the City of Naples; providing regulations for water main
extensions to the system; authorizing the City Manager at his
discretion to allow exceptions to certain provisions of this
ordinance in cases of hardship; and further providing a penalty
for violation hereof. (Second Reading)
Mayor Heineman opened the above referenced public hearing at
10:32 A.M.; whereupon, City Attorney Allan read the legal notice
of public hearing relative to this subject matter as it appeared
in the November 25th issue of the Naples Daily News. He then
introduced the proposed ordinance by title for council's approval.
Mayor Heineman asked if anyone wished to speak to the subject;
whereupon, Mr. Bruce Shannon of 1672 Galleon Dr:Lve, Naples, Florid(
came forward to record his opposition to the proposed ordinance,in
its present form. He noted that he deplored the implication that
the adoption of the proposed ordinance was a requirement of the
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273
condition that exists today. Further, that the ordinance indicates
the present state of the water is a permanent condition. He
continued that the ordinance in its present form does not represent
an emergency ordinance providing that it become operative only on
the declaration of an emergency condition but rather proposes a
permanent control of the use of water. He further contended that
the ordinance is not designed to restrict the quantity of water used
but rather to control when it is to be used which in some cases,
he continued, would provide that more water be used than is presently
realized. He continued that the proposed ordinance does not take
into consideration those persons out of town who have hired
maintenance crews to care for their lawns on schedules as best
suits their workload, nor does it consider those present users
of the system whose lawn maintenance people can't work on rainy
days or days of inclement weather nor can they work on wet shrubs
with electric tools if their work schedule falls on the day that
sprinkling is permitted.
—
Following further comment by Mr. Shannon, he concluded by
suggesting that the ordinance as proposed be returned to the
drawing board for re-draft on the basis that when an emergency
exists as declared by the City Council or the City Manager then
the provisions of the ordinance will become applicable and that
such provisions would terminate when the emergency ceases to
exist. Further, that more attention be given to the quantity of
water to be used rather than to the time, day and week it can be
used.
Mr. Lamm agreed that the ordinance as proposed tends to
discriminate against the present water users and in his judgment
if an ordinance was to be considered at all it would be one that
would prohibit additional meters on the lines.
Mr. Morse commended Mr. Shannon for his presentation agreeing
a beginning and shut off time for emergency water use. He
to
made note that the City records do not show that the aquifer is
now severely depressed but rather is in better shape than it was
last year although the inter-land aquifer is depressed. He further
reminded council that the city was in the business of selling
water and they should be pumping as much water as they can for
just good business reasons. He pointed out that they were down to
8,000,000 gallons a day at this time and they should continue to
pump so long as they don't over extend the aquifer and at such time
as an emergency exists then - as suggested by Mr. Shannon declare same and announce the beginning of such a condition
implementing applicable emergency conditions until the emergency
terminates.
9 -
('J
announced his regrets that this discussion
came as late as the second reading of the ordinance. However,
he continued, he was also of the opinion that the original
ordinance was designed with the purpose of authorizing the City
Manager to declare a water emergency at his discretion at which
time he would place into effect the emergency provisions of
the applicable ordinance. He further agreed that this ordinance
as presented needed to be reconsidered for if it became a law
of the City in its present form regardless of all conditions,
then, in his opinion, it would be wrong.
Mavnr HPinem^in
Mrs. Corkran recalled that, in her opinion, the purpose of
the ordinance was to protect the present water supply. She
pointed out that if the present water supply could be managed now
in anticipation of a dry season the supply cou l d be extended
longer. She advised that while there are additional users
over that of last year and additional municipal pumping, there has
not been , enough rain to bring the coastal aquifer up to the point
it was last year in accordance with the latest November issue
of the USGS. She pointed out that her concern dealt with conserving
the water supply, although she was for including restrictions on
new water users until such time as a source of water supply becomes
available, namely, the Geitz Pit.
Following further brief discussion, Mr. Mc G regor moved that
council v ot e on the ordinance,seconded by Mr. Morse .
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Ma y or Heineman
No
Yes
No
No
No
No
No
Ordinance rejected 6- 1 .
Mr. Morse then moved that the City Manager be instructed to
rewrite this ordinance and to recruit the assistance of the City
Attorney in doing so, seconded by Mr. McGregor and carri ed
unanimously.
AGENDA ITEM 10. An Ordinance assessing a charge of one dollar
($1.00) as an additional court cost against every person convicted
for violation of a state penal or criminal statute or convicted
for violation of an ordinance of the City of Naples for law
swim
J
2 '7 J
enforcement education expenditures; excluding therefrom violations of any state statute or .City ordinance relating to the
parking of vehicles and violations of City ordinances regulating
zoning offenses. (First Reading) Requested by the City Manager
City Attorney Allan presented the ordinance at its first
reading for council's approval. Mr. Williams explained to council
that the proposed ordinance sets up a program whereby the City
will derive funds to be utilized in the furtherance of the law
enforcement education.
He advised that the Police Standards
Council sets up a requirement that the police officers receive a class
in police training before they can be certified by the State
as sworn police officers. This course, has steadily increased in cost
and the program is a continuing one that the City participates
in as a matter of law that these people are required to comply
with. The funds derived 'from the said court cost as referenced
in the above noted ordinance will go toward offsetting costs
incurred therein.
Mr. Lamm moved for approval of the ordinance at its first
reading, seconded by Mr. McGregor.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
AGENDA ITEM 11 . A Resolution directing every officer, board,
department, commission or agency of the City of Naples charged
with the duty of preparing specifications or awarding or entering
into contracts for the design, erection or construction of
buildings or other structures, including additions to
existing structures for the City, to incorporate or cause
to be incorporated therein protection from radioactive
fallout; providing exemptions thereto; and further providing
that a certified copy of this resolution shall be filed with
the Collier County Director of Civil Defense. Requested by
W. C. Walker, Jr., Director, Collier County Civil Defense.
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2.7 6
Mr. Allan, City Attorney, presented the foregoing Resolution
for Council's approval. At this point Mr. Walker came forward
to answer any questions of council relative to this matter and
r
explained the type structure that is considered for fallout
shelter requirement. He noted that the majority of the condominiumE_
are so built that they can serve as fallout shelters as are
various other buildings in the immediate area.
Mr. Lamm pointed out that the Civil Defense is doing a
commendable job in matters of an emergency nature and in his
opinion Civil Defense should be encouraged to continue their
efforts. To this end, Mayor Heineman also noted that he felt
council would be negligent in their duty if they did not go
along with the guide lines as set forth by the State and Federal
Government in supporting the Civil Defense program in every way
they can, and would therefore entertain a motion to that effect.
Mr. Lamm then moved for approval of the Resolution as presented,
seconded by Mr. McGregor .
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0, approving Resolution 2128.
AGENDA ITEM 12. An Ordinance re-scheduling the regular meeting
of the City Council from January 1, 1975 to January 2, 1975;
further declaring this ordinance to be an emergency ordinance,
dispensing with the second reading hereof.
City Attorney Allan presented the above referenced
ordinance for council's approval; whereupon, Mr. Lamm moved
that the ordinance be approved as offered, seconded by Mr.
Blanquart.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
- 12 -
Yes
Yes
Yes
Yes
Yes
Yes
Yes
277
Motion carried 7-0 approving Ordinance 2129.
AGENDA ITEM 13. A Resolution accepting dedications of water lines
to the City of Naples from Joseph A. Long et ux, Y.M.C.A. of
Collier, Inc., Florida Naples Development, Inc., Manchester
Investments, Inc., Lely Estates, Inc., Collier Development
Corporation and Oleum Corporation, copies of which are attached
hereto and made a part of this resolution.
City Attorney Allan read the above referenced Resolution
for Council's approval; whereupon, Mr. Blanquart moved that
the Resolution (No. 2130) be approved as presented, seconded
by Mr. Morse.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
AGENDA ITEM 14 . A Resolution accepting easements to the City of
Naples from Leisure Properties of Naples, Inc.,G7alter G. Sorokoty,
.
trustee, Y.M.C.A. of Collier, Inc .. First Naples Presbyterian
Apartments, Inc. and Buccaneer's Roost, Ltd. for installation
and maintenance of water and/or sewer lines, copies of which are
attached hereto and made a part of this resolution.
Mr. Allan read the above referenced Resolution for council's
approval; whereupon, M r. Herbert moved for approval of the
esented sec n nded by Mr. McGregor.
reso lut ion a s
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Motion carried 7-0, approving Resolution 2131.
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Yes
Yes
Yes
Yes
Yes
Yes
Yes
2' 9 8
AGENDA ITEM 16. Recommendation for purchase of a cash register
for the Customer Service Department.
City Attorney Allan introduced the above referenced subject
for Council's approval in the form of a Resolution entitled as
follows:
A RESOLUTION AUTHORIZING THE PURCHASE OF A CASH REGISTER TO
BE USED BY THE CUSTOMER SERVICE DEPARTMENT FROM McCLURE'S
OFFICE EQUIPMENT COMPANY, NAPLES, FLORIDA, DISPENSING WITH
THE REQUIREMENT TO SUBMIT SAME FOR PUBLIC BIDDING, PURSUANT
TO SECTION 15.12 OF THE CHARTER OF THE CITY OF NAPLES, AND
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER THEREFOR.
Following brief discussion, Mr. Lamm moved that the Resolution
be approved as presented, seconded by Mr. Herbert .
Roll Call Vote:
Mi. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. McGregor
Mr. Lamm
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0, approving Resolution 2132.
AGENDA ITEM 17. Bid tabulation and recommendation for the purchase
of equipment for the Public Works Department.
Mr. Allan introduced the following entitled Resolution for
council's approval.
A RESOLUTION ACCEPTING AND AWARDING BIDS FOR THE FURNISHING
OF VEHICLES AND EQUIPMENT TO BE USED BY THE PUBLIC WORKS
DEPARTMENT AND REJECTING ALL BIDS RECEIVED FOR THE FURNISHING
OF ONE DIESEL TRACTOR AND ONE WHEEL LOADER TRACTOR; AND
AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS THEREFOR.
On review of the above referenced subject matter, Mr.
McGregor asked if additional people were being considered for
operation of the recommended equipment inasmuch as there was
no mention of trade-in. However, Mr. Savidge advised that no
additional personnel were being considered and the older vehicle
was being retained as back-up.
Mr. Herbert commended the results of the bids noting that
same were very close in costs. However, Mr. Blanquart again
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279
reiterated that there is a need to get more competition and he
would like to see the City Manager consider merchandising
their own trade-ins or cannibalize them for parts for use in
maintenance. Mrs. Corkran commented additionally that
competitive bidding results in a savings to the City.
Following further brief discussion, Mr. Lamm moved that the
Resolution (No. 2133) be approved as presented, seconded by Mr.
U:: r
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Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
AGENDA ITEM 18. Bid tabulation and recommendation for the purchase
of equipment for the Sanitation Department (Public Works).
--
City Attorney Allan read the following entitled Resolution
for Council's approval.
A RESOLUTION ACCEPTING AND AWARDING BIDS FOR SANITATION
EQUIPMENT TO BE USED BY THE PUBLIC WORKS DEPARTMENT
AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS THEREFOR.
Following a brief review of the above referenced bid
tabulation, Mr. M o rse moved that the Resolution (No. 2134) be
approve d a s_pr esented, seconded by Mr. Lamm.
Roll Call Vote:
Mr. Blanquart
Mrs.. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
. Motion carried 7-0.
AGENDA ITEM 19 . An Ordinance authorizing the borrowing of $87,000.00
from the Barnett Bank of Naples, Naples, Florida ; providing for.
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280
the payment of the principal and interest thereon; pledging
revenues of the City of Naples other than revenues derived from
real or personal property taxes in payment thereof; and authorizing
the Mayor and City Clerk to execute the necessary documents to
consummate said loan.
Mr. Allan introduced the above referenced ordinance for
council's approval; whereupon, brief discussion followed
indicating a concern over the interest rate of 7%. There was,
however,a comment from Mr. McGregor indicating that the subject
loan can be paid off without a penalty clause. Mr. Blanquart
commented that in his opinion the City Manager should be expected
to go far afield to see if he can get a better rate.
The question arose relative to this subject being a part
of the budget to which Mr. Williams answered that Page 40 of
the budget does reflect such provision.
Following further brief discussion, Mr. Herbert moved that the
the ordinance be approved as presented at its first readin g_
seconded by Mr. McGregor.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
No
No
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Motion carried 5-2.
AGENDA ITEM 20. A Resolution accepting the proposal of Leon B.
Murray, Consulting Electrical Engineer, to prov ice plans, specif-
ications and supervision of construet on. for lighting system
at Fleischmann Park football field in accordance with the. propcsal
attached hereto and made a part of this resolution; further
authorizing the Mayor and the City Clerk to execute said proposal.
City Attorney Allan presented the above referenced resolution
for Council's approval. Following brief discussion, Mr. He rbert
moved that the Resolution (No. 2135) be approved as presented,
seconded by Mr. McGre ^-or.
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°
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lainm
Mr. McGregor
Mr. Morse
Mayor Heineman
281
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
Mayor Heineman recessed the meeting at 12:00 Noon to
reconvene at 3:00 P.M.
Mayor Heineman called the meeting to order at 3:07 P.M.
whereupon, Mrs. Corkran noted for record that the air-conditioner
was on as well as the heater and she would appreciate it if
some attention was given to adjusting the controls so as to
maintain a proper temperature and yet save on the utility
costs.
AGENDA ITEM 21. An Ordinance authorizing expansion of a nonconformity
by adding a carport-garage to single family residence in "k-a"
industrial zone, located at 201 Goodlette Road South, Naples,
Florida, more particularly described as the southwest quarter
of the southwest quarter of the northeast quarter of section 3,
township 50 south, range 25 east, as recorded in public records
of Collier County, Florida. (First Reading)
Mr. Allan, City Attorney, presented the above referenced
ordinance at its first reading for council's approval; whereupon,
Mr. McGregor moved that the ordinance be approved as read,
seconded by Mr. Morse.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Motion carried 7-0.
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Yes
Yes
Yes
Yes
Yes
Yes
Yes
FS
2R 2
AGENDA ITEM 22. An Ordinance granting a special exception to
erect a six foot six inch (6' 6") redwood screen in side yard
at 2396 13th Street North, Naples, Florida, more particularly
described as lot 42 Naples Terrace, according to plat in plat
book 3, page 13, public records of Collier. County, Florida.
(First Reading).
City Attorney Allan presented the above referenced ordinance
at its first reading for Council's approval; whereupon, Mr. _
Herbert moved that the first reading of same b e ap pr oved as
presented, seconded by Mr. Lamm.
r,
Roll Call Vote:
Mr.
Blanquart
Mrs. Corkran
Mr.
Herbert.
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
AGENDA ITEM 23 .
PUBLIC HEARING: An Ordinance vacating and
abandoning any rights, title or interest the City of Naples may
have in that certain right-of-way situated in blocks V and VI
of River Park East, as recorded in plat book 4, pages 84 and 85,
public records of Collier County, Florida, as described in the
dedication, dated February 21, 1968, from Naples Development
Corporation which erroneously omitted the City of Naples as
Grantee; providing that a copy of said dedication shall be
attached hereto and made a part of this ordinance and accepting
a corrective dedication therefor. (Second Reading)
Mayor Heineman opened the public hearing at 3:13 P.M. to
hear
data pertinent to the above referenced ordinance. There
being no comment offered to the subject which was introduced by
Mr. Allan, Mayor Heineman closed the public hearing at 3:18 P.M.
Mr. Lam moved that the Ordinance (No. 2137)be approved as
presented, seconded by Mr. McGregor.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Motion carried 7-0.
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Yes
Yes
Yes
Yes
Yes
Yes
Yes
EA
C
283
As a follow up to council's approval of the foregoing
Ordinance, Mr. Bob McDaniel, Attorney at Law, came forward
to present to the City a deed for the subject acreage to be
used as a park.
AGENDA ITEM 24. PUBLIC HEARING: An Ordinance authorizing expansion
of a nonconformity by adding a laundry room to a non-conforming
structure located at 272-292 Second Street South, Naples, Florida,
more particularly described as lots 22-24, block 18, tier 2,
as recorded in public records of Collier County, Florida. (Second
Reading)
Mayor Heineman announced that this is a public hearing,
duly advertised and on completion of the reading of the referenced
ordinance anyone wishing to speak to the subject was invited to
do so. Thereupon, Mr. Williams, City Manager, offered the first
reading of this ordinance for council's approval.
There being 'no comment offered from the audience or the
council, Mayor Heineman closed the' public hearing; whereupon,
Mr. La mm moved that t he Ordinance (No. 21 37) be approved as
T
presented, seconded by Mr. Herbert .,
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
AGENDA ITEM 6. A Resolution retaining the law firm of Alley,
Rock and Dinkel of Tampa, Florida to represent the City of Naples
in connection with all labor matters relative to its collective
bargaining obligations, including acting as its negotiators.
With regard to the above subject matter, Mayor Heineman read
into the record the following letter r eceived from Mr. L. S.
Denning of 1807 Snook Drive.
ii
"
12/18/74
Dear Mayor Heineman:
I will be unable to attend the meeting on subject contract
(proposed). I would like to go on record as being opposed to
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2134
this practice. If our City Manager is not competent to
deal on such negotiations he should be trained. There
is a wealth of talent locally who would be willing to
assist the City Manager at a considerable savings to the
tax payers. City Council should be able to finalize any agreements in final legal form. Please give serious thought to
training employees prior to contracting to an outside firm particularly as far away as Tampa.
The letter having been introduced into the record, Mr. Allan
introduced the subject Resolution for Council's approval.
Mrs. Corkran raised the question of the retainer fee to which
Mr. Williams noted that•said fee was $1,000 a year for a 1.2
months period with the rates ranging from $40 to $95 an hour
depending on which attorney is used. Mr. Allan noted that he had
no recommendation for he was of the opinion that he and the City
Manager could have handled the situation but it was council's
wish to hire an expert. At this point Mr. Lamm commented that
he felt that such an attorney was needed in the important
labor issues - :• and the big problem was to make sure of
distinguishing which were the important matters.
Mr. Allan indicated that the attorney so retained
is an expert in the field, he is a professor with Stetson
University and his primary practice is labor relations - both
with the private and public sectors having handled quite a few
public sectors. He was also active in national labor relations.
Following further discussion, Mr. Blanquart moved that the
Resolution (No. 2138) be approved, seconded b y Mr. Lamm.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
Mr. Williams asked that council place on the agenda the
subject of the John Pulling franchise for council's consideration;
whereupon, Mr. McGregor moved that this subject be placed on the
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n
285
agenda at this time, secon de d by Mr. McGregor.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
City Attorney Allan read the following entitled Resolution
for Council's approval:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A LEASE BETWEEN THE CITY OF NAPLES, LESSEE, AND JOHN A. PULLING,
LESSOR, COVERING THE SOUTH 2 OF THE WEST 20 ACRES OF
GOVERNMENT LOT 2, LESS THE NORTH 180 FEET THEREOF AND ALL OF
GOVERNMENT LOT 5 WEST OF GORDON RIVER, EXCEPT THE SOUTH 500
FEET THEREOF, FOR THE PURPOSE OF THE CITY OPERATING A TRASH
DISPOSAL SITE ON SAID PROPERTY, A COPY OF SAID LEASE BEING
ATTACHED HERETO AND MADE A PART OF THIS RESOLUTION,
r--
Mr. Blanquart moved that the above referenced resolution be
approved, seconded by Mr. Lamm.
Roll Call Vote:
Mr. Blanquart
Mrs. Corkran
Mr. Herbert
Mr. Lamm
Mr. McGregor
Mr. Morse
Mayor Heineman
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried 7-0.
X
9
X
Mr. Williams reported that correspondence '--ith the Insurance
Services Office of Florida relative to the Fire Defenses - Naples,
Florida, indicate that Naples is scheduled fore review inspection
of their fire defenses to justify a better fire insurance
classification. Results of this inspection to be presented to
Council when available.
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O
CORRESPONDENCE: None reported
There being no further business, Mayor. Heineman adjourned
the meeting at 3:35 P.M.
0
U
^Har
Mayor
Betty Anderson
Deputy City Clerk
Janet L. Davis
City Clerk
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0. Heineman
s