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BCC Minutes 01/29/1990 W Naples. Florida, Janu&r~ 29, lggo LET XT BE REMEMBERED, that the Board of County Co~uaisslonara An and for the County of Collier. and also acting aa the Board o~ Zoning Appeals and aa the governing board(s) o~ such special districts Is have bean created according to law and having conducted business Building "F" of the Government Complex. East Naples. Florida, with the following ~embers present: CHAIRMAN: Max A. Hesse, Jr. VICE-C~AIRMANt Michael J. Volpe, Jr. Richard 8. Shanahan Burr L. Saundera Anne aoodnight Lea County Commiaalonaret B~! Fuseel! Ray Judah ALSO PRESENT: Elinor M. Skinner, Recording Secretar¥~ NeAI Dorrl~l. County Hanager~ Ran McLemore. Assistant County Manager: Ton Olliff0 Assistant to the County Manager: Xen Cu¥1er, County Attorney~ Oeorge Archibald° Public #arks Administrator: Xevin O'Donnell. Pub21c Services Administrator: James Yeager. Lee County Attorney~ JAm Lavena~r, Lee County ConnunAty Services Division Director: and BAXI N~maond. Lee County Community Services Director. Page January 29. 1990 Legal notice having been published in the Naples Daily New~ on January 25. and January 28, 1990, am evidenced by Affidavit o~ Fubllcatlon filed with the Clerk, a Joint public workshop meeting waa held to discuss various Lee and Collier County issues. By consensus, Item 3, Use o~ vegetation and clearing o~ existing vegetation around newly constructed schools, was continued. DI~IOI OP I4&STI3t PLA~ fOR BAREIPOOT BI,ACH P~ ~ ~A~ ~NITA Mr. Kevln O'Donnell, Public Se~v~ceu AdminlstFlto~, explained thl~ men, re of ~he Parka and Recreation Departmen~ met on January 23. 1990. with Lee County e~a~f ~o look at ~he naa~er plan of ~he Barefoot ~ach Park and adjacent Bonita Beach Park. He enid l~ wao the consen- sus of those pr~aen~ tha~ l~ ~uld be possible to ~e~er plan 600 feet of ~achfront th~ Collier County o~e. A~edAa~ely ~o its northern ~rder. along wl=h vhe 475 fee~ of beachfron~ ~ha~ Lee County He enid wl~h th~ action tha~ Collier County ~ook a~ the ~etlag on January 23. 1990. relative to Collier County's contrac~ with the fArn who hac been doing the road ~rk a~ Lely Barefoot. ~ee Co~y could do an expanded service requee~ l~en ~o do the plying of thin area An a Joint fashion between Collier and Lee Co~y ~d pro~r~iona~ely share ~he cos~e incurred. He oa~d Collier County has approximately $120.000 set aside for developnent of ~he ~refooC ~ach area which was initially an~lcipaCed ~o be used for reatrooa facAlitlea~ however. ~he funds could be realloca~ed. Mr. O'~mnell said e~aff anticipates having Coastal Engineero gave a pro~aal for the coe~ of the easter plan and~ Af ~he coa~ was feasible froa ~th Counties' atandpoin~e, an agreenen~ ~uld ~ brought ~ck to ~th Co~eaAone for action. He enid a change In the egress to Collier County parking lot would be Involved which has r~n for 100 care. He explained entrance currently ~ through the ~ly de~lopeent and staff la ~rk~n9 wl~h Lee County to ~ able Page cone off Bonita BEECh Eoad for better public Hr. B111Hauond, Lee County Community Services Director, said he and ~IB Lavender, Division Director, have worked with Hr. and hie EtEff on this project. HE said Lee County has I/2 Billion dollars to do work at this beach site. Nr. Lavender referred to a park conceptual plan and indicated the Interior circulation between the t~o parking lots noting possible relocation of the restrooss behind the coastal construction control line. Responding to Commie,loner Volpe, Mr. Hammond said the benefit laltlr planning the two parcels would be to highlight the acctsl to the park and the relocation of restrooss and interior circulation benefit both countries. Nr. Hmond stated Lee County has approxJsate~y 85 to 90 parkSng s~c~s Sn their p~rking lot. Hr. 0~Donnell ~ald that 0ol~S~r County has 100 ~rkSng mp~c~s. Hr. Hmond d~scrSb~d the conceptual plan ~hich includes r~stor~d d~e &re~, ~rdw~lk, lo~ planning ~r~&s so people can view thl Oul~ ~d stabilized surface shell getting away froa paved surface. N~h regard to privately o~ed property adjacent to the park areas, Mr. Ha~ond said staff ~uld like to Investigate tho precis on tha~ pro~r~y aa It ~uld be to the benefit of ~th countAeo to obtain ~rlng the enou~ng d~ocuoJlon, Mr. HanDed 8~atod tha~ Leo d~o no~ charge for parking and Hr. O*Donnell o8Ad Collier Co~ty not charge e~ther, presently. In rle~nee to Co~lesloner Volpe, Hr. b~vend~r slid It 11 necelea~ to obtain legal opinion fro~ the Lee County ~tto~ey ~o put t~ther · draft ~nterlocal agreement ~h~ch set~ the ~d ~ill ~ sent to Collier County staff for their opinion. deflnltl~ has ~en decided regarding co-~lntenance but January ~9. 1990 with Lee County staff have been held on th- subject. Mr. Lavender stated that Lee County has septic tanks in the area and Mr, O'Domnell said Collier County has mewer aye~en In their por- tion of the area. Oo~iseloner ~udah eald parameters need to be ~e~ before ~An~ ~or RFP'e. He eald Collier County access, tie Am to central ee~r co-naintenance have ~o be investigated before novAn~ fo~ard. Commissioner Saunder~ said Collier County staff needs to have some assurance from the Board of County Coaalaaloner~ that the Board ~ant~ to pursue the Joln~ venture ~lth the parking lo~, add~ng that hi Al An favor of pursuing that. In reepo.ee to Commissioner Volpe, Mr. Lavender maid I benefit to Collier County residents ~uld be saving ~he coat of restrooas and Co~AaaAone~' maunders suggested conceptual approval of the Collier County Board of Co~n~? Commissioners and to direc~ staff to continue to explore master planning ~he Collier Count~ park ~lth the Lee Co~ ~rk and a~aff should return ~lth the coa~, appearance of ~he en~ran- cedars, and benefit to both counties. Co~laeAoner Shanahan agreed. Beach expressed the opinion that It ~uld be an advantage ~o Collier Co~t~ ~o have a co,on entrance, co~on reatrooae, and ~le Collier Count~ central se~er ~e~. He indicated the ~5 foo~ area ~he developer deeded to Collier Count~ and he reco~ended ~he coun~ investigate purchasing ~ore propert~ In ~hat area ~hAch ~ul~ adv~a~eoue to Collier Count~. In ree~nee ~o Coa~laaAoner ~udah, ~r. ~aaee Vea~er, ~ee Count~ Attorney, explained ~hat hie general reaction l~ that ~ ~uld ~aoible for Lee County to ume Collier County'l consultant. suggested. 1~ thAm wam ~he case. for Lee County to do a ~ck RFP proceeo. ~d ~f thAe company submitted a proposal, the fact that they are ~rklng In ~he area could be considered. Page · 1990 Trust la a program that began under the Save Our Rivers Program aa watershed management concept In northern Collier County. ~e amid the Trust consists of 20 members to serve aa the umbrella organization for the project a~ a partnermhip program among Lea and Collier Countlee and the South Florida Water Management Save Our Rivers Program. He said that tee County. in 1989 budget cycle, dedicated 2/10the of a mill to generate funds for acquisition. Be eaAd there la an agenda item on Collier County Commission meeting of January 30, 1990 to have a staff presentation with a recommendation to ask the Board of County Co-,,ieeloners to provide staff direction on how beet to proceed to Identify Collier County's co~itment towards this program. Mr. Slayton said the program Aa a 45,000 acre land acquisition effort with approximately 12,500 acres in Lee County and about acres In CollAer County. ~e said there ara approxi~tely 650 owners involved, with aMproximately two-thirds of the owners residing in southern Lee ¢~unt¥. He amid the goal la to accomplish overall mana- gement plan concept compiled under the auspices of CREW Trust eo that all agencies could work toward that ~anagement plan concurrently. He explained that acquisition of the land would be primarily through fee title and other ways would be through purchase or dcnation. He said there are ten members of the CRE~ Trust from Collier County, five mem- bers from Lee and an additional five members ~rom various state and regional ~overnmental In response to Commissioner Volpe, Mr. $]ayton said a total la projected to be ~0 million dollars toward acquleit~on with Save Our Rivers Program dedicating 10 million dollars and Lee County's contri- bution from the 2/lOths o~ s mill to be between ~.5 and ~ million dollars over a period of a year. Co~isaloner Volpe asked if Mr. Slayton could obtain the An~or- ~ation of how many of the ~2,500 acres located in Collier County are o~ned by the Collier family? Reepondin~ to Co~ualeeloner Shanahan, Mr, Slayton amid the ~aJor O00U ; January 29, 1990 goals are water supply with ecological benefits to the area. He explained that the water use that immediately rings the area has been permitted to withdraw 350 million gallons a day fro~ the sub-surface aqua ayatea0 and added that watershed needs to be aaint&Jned and its recharge and contribution to that watershed. He said that Big Cypress Baals has to commit capital improvement funds to place salinity control structures on some of the canals in Collier County to prohibit the water from being wasted. ~LE]~m ~ ~CDO~2~ALL A~ DOM Sheriff ~luntt,r, of Collier County. reported that there have been three operatlonm of tbs Sheriff's of Florida State-Wide Crack Cocaine Task Force. He ~id ~he operatAono are funded 9500,000 for ~989 ~rom the Governor's office and ~o~ced lam~ ~ek. He 8aAd Sheriff Navarro of Bro,ard m~ar heading ~he Task Force and Collier Count~ la providing technical eup~rt An the form of statAstAcal and data collection and publishing the reports. He reported as a result of the first 'two operationm there ~re 4,~25 arrests and 13,0OO rocks that ~ere collected ~lorida. He said the co~t of a piece ~ar, ~hich Aa Indicative of the success of the Task Force. the prograa is an on-going Ta~k Force in ~hich various agenctea~ Sheriff's offices and police depart~entm wAl~ coabine to loan person- nel in under cover capacitie~ to other JurAmdictiona. Rem~nding to CoaalaaAoner Volpe, Hr. ~nter maid Collier County has 24 ~ople ~ho can be allocated froa the Narcotic~ Unit and there are other operat$omal units that are available for anthers An the State. In res~nae to Co~$ealoner Shanahan, Hr. Hunter maid that the Task Force has been acre successful on the de~md aide~ adding that there has been a Task Force In Collier County for appr~i~tely ten years that has concemtrated om the supply aide, ~hlch has been auc- ceasful. January 29, 1990 *''~CU$: 11~15 &.H. - R~COI%r~Dt 11:25 UFEt~T~ OM ~'~ORXDA'$ SR~I~'S A~S~XATXOR A~lOW mOlT ~X~ With the use of an overhead projector, Sheriff Hunte, r g~ve m pre- eentation regarding the Sheriff's Association Action Suit regarding the Florid~ Department of Correction. The presentation Included graphics displaying records of early prison releases In Collier County depicting the low percentage of mentencem served by lndlvldumlm~ ch~rt depicting the correletlon bergen crime r~tee ~nd lncer- ccretions; · chart sho~lng pr~ry offense types of et~tu* popule- t~on*: · ch.r~ sho~lng ~ver~ge per cent of sentence served for J~te. re2eesed by ~o~th of re2eese~ · sheet Indicating the pe~ cent of felon~ l=pris~ed: and State felony flyings ~onthly~ Stets ~dJudic~tionu: State prison ~d~lsston. by flec~ yeer end the nu=ber of ~d. ~ppropriated by the Dep~rt~ent of Corrections. Hr. Hunter said the the suit che~lengee the con~t~tutione]ity of the Secretary of ~he Department of Corrections to be ~ble to ~e decisions ~o release, on his o~, prisoners b~ck into the syete=. He s~id the Florida Sheriff's Association Is asking th~ prisoners be he~d for their full t~rms an~ ~ha~ de-co==isstoned ~ed fo~cee beee~ ~ used to house prisoners. He said, currently, 1.000 prisoner~ ere released b~ck into th. ~y~t~ w~kly, ~ddlng thet thee ye~ homicides ~d sex offenders are not included In those Co~leeloner S~unders said he hsd asked the County H~nage~ p~ce on the Board of County Co~leeionere' ~gend~ on J~nu~ry 30, 1990, · request that the Board st County Co=~l~eloner~ consider inter- vening on behalf of the Florida Sheriff's Association In thio litiga- t~r9 and the County Co~immionm have to appropriate fundl for law enforcement. He urged ~he Lee County Co~imelonmrm to consider doing thim, mlmo. He said he plan~ on mmking the Floridm AmmocAmtAon Co~tlem to conmider intervening ~n thlm litigation, mlmo. He em~d O00i R .lanuar~ 29, 1990 one reason for the Counties to Intervene ia that more prelSUre il needed on the Oovernor to build more prisons. Commissioner Fussel! requested that this item be scheduled for the Lee County commission meeting on January 31, 19DO, adding he agreed with Bher~ff Hunter on the matter. Xte~ N DI~XO~OffA~ X~T~JtLOCAL AO~t~r XW ~W~IO~ NX~ ~C~ Nr. EltmAnger, Oro~th ~anager Director o~ Collier Countv, explained this is a dl~cummlon on an initiative to ensure tha~ ~here eximtm ~ Interlocal Agreement to deal ~lth each count~'m concurrenc~ ~nagement ay~temm and e~fectm of each on the otherm ar.am of JurAm- diction. He said ~hat Chapter 1~3, Florida Statutem. re, Ired that there be inter-g3,/ernmental coordination o~ t~ planm. ~e maid the intent of the ;nt~rlocal Agreement Aa to h~vm a pre-determined method for dealing ~lth developmentm that ~AI] Impact b<~th countiem. He maid astral mpeclflc areas that need Xnt~,Aocal A~reementm ~lth Lee Count~ are: 1. Immediate finalization of lnterlocal Agreement for the funding oF construction of Improvements to Bonita Beach Road. 2. Coordination of design, construction and maintenance of all roads which cross county lines. 3. Conditioning language in the development orders for each county for the development of areas that might be affected by moratoria imposed by either county. Xmpact areas need to be closely defined and the lnterlocal Agreements need to specify what they are. Hr. Liteinger said that closely related areas to Xnterlocml Agreements related to concurrency are coordination of and use deci- sions which negatively impact groundwater pollution and the need to coordinate planning of drainage and water management activities and the identification of watershed boundaries. Mr. Lltsinger said staff recouends that the Lea and Collier County Commissions appoint and direct appropriate staff to ~eet and begin developing an Interlocal Agreement for land uae planning end other concurrency Issues. Mr. Llteinger said that Collier County mtaff harm reviewed the Lee OOOU,q Januar7 29~ County Concurrency Management Ordinance recently adopted. There being no Further bueineee for the Oood of tho County, the aeeting wae adjourned by Order o~ the Chair - Timer l~tlO P.H. BOARD OF COUSTY O01OIISSXONL BOARD OF ZONXNO APPEALS/EX OFFICIO OOV~RNZNO BOARD{S) SP~C~AL DISTR~CT~ ~'?:~? ITS CONTROL Page 9