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BCC Minutes 04/28/1981 W I .,.;. .,. ;}t> ..'~~.~. ~,',¡h; :'t .' ". 1""~'"~""""",-,,,,,,,,,,,,_-_,,,,,,,,,,,,,,,,· ,,.Int. ' ,."__\,,,._:-"':~_~~-'~~"~f'~'"''''''~~'')I''''''~''''' ~ ç:;:} ----. , . :'. '. '/' . Naples, Florida, April 28; 1981 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 2:30 P.M. in Workshop Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: John A. pistor VICE-CHAIRMAN: Clifford Wenzel Mary-Frances Kruse C. R. "Russ" Wimer (Absent) David C. Brown (Absent) . ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief D~puty Clerk/Fiscal Officer; Elinor M. Skinner, Deputy Clerk; Sheriff Aubrey Rogers; C. William Norman, County Manager; Donald A. pickworth, County Attorney.; Irving Berzon, Utilities Manager; Clifford Barksdale, Public Works Administrator/County Engineer; Mr. Bill McNeel, Polizzi/Heery; and Deputy Chief Raymond Barnett. DISCUSSION REGARDING SPACE NEEDS PROJECTION FOR THE JAIL AND SHERIFF'S DEPARTMENT County Manager Norman explained that the Board had moved to create an ad hoc committee to advise the Board on the government complex expansion project consisting of representatives from Civic Associations and that people who wish to serve on that committee were in attendance today. He referred the Commissioners to his memo of April 22, 1981 which listed the schedule for the presentations today. Mr. Bill McNeel explained that his firm is in a refinement stage for the expansion project and he asked Deputy Chief Ray Barnett to &OOK 061 PAG£S1A:- Page 1 ~ ---------- " ....-....,.......--"...~ '." "' -. ~......_-.'"'-,~. ~ &OOK 061 PACE 315 April 28, 1981 present the needs of the Sheri ff' s Department. Deputy Barnett placed a chðrt on ðn overhead board which listed the average jail count for Apr 11 as follows I YEAR COUNT INCREASE - 1979 118 l5.7t 1980 154 35\ 1981 214 38.9\ Deputy Barnett said that in four years there has been 109.8\ i~crease in prisoners and that as long as the population increases the number of prisoners will increase. He explained that the Sheriff's department has prisoners in the County jail and in the stockade in Immokalee which increases the operating costs because of the staffing needs for both places. In response to Commissioner Kruse, Deputy Barnett said of the 214 prisoners most are waiting for sentencing and that they are removed as soon as sentence is passed. Deputy Barnett explained that 90\ of the budget of the Sheriff's Department is personnel cost and that currently there are 245 per- sonnel. He explain~ that the pri~on population in Collier County is higher than surrounding counties, and that the prisoners are generally not residents of Collier County. He noted that by 1986 the personnel projection is 422 employees to keep at the enforcement point now; that each employee costs S24,684 and that in fIve years the department's budget will be over 10 million dollars. Commissioner Kruse asked"how much of the Sherriff's activity is attributed to drug problem and Deputy Barnett said that his department uses a lot of volunteer help of off-duty deptuties who work nights because of increased interest. Page 2 .' I I .', . .,...- ._".'rr"'.,~;:;.·""w.......".~~·._.¡"I'Y'~~·-4...,t <¥. , ,.,......."~,, ~,f......" ..' m - r...."">I,·~ - .. ',' " ~ l.prll 28, 1981 Deputy Barnett said that there is currently a shortage of storage apace in the depðrtment and that microfilming is being investigated to help with this situation. Deputy Barnett noted that the department is investigating a beach patrol for the Naples and Marco Island areas ånd that cost now would be $97,000. He said that a sub-station has been opened in North Naples and that two more sub-stations in Golden Gate and East Naples are being investigated and that he felt the department would ask t~e Board for the Golden Gate sub-station this year. He said that the sub-stations give the citizens access to his dønr"tment. He explained that the department is currently discussing a satellite receiving system for the department radios because of the shortage of channels. Deputy Barnett said th~re would be approximately $70,000 worth of confiscated equipment this year. Mr. McNeel said that Mr. Olin C. Minton, Polizzi/Heery's jail I I I 4 ¡ I consultant 1S present today and that he has worked with the Sheriff's Department in developing a program for the new jail. Mr. Minton said that formerly a typical jail ran about 100 square feet per inmate but that the National Clearing House established a guideline for the nation two years Pgo of 400 square feet per inmate and that part of this space .' comes from the individual cell and part comes from increased programs such as medical, exercise and educational programs and, therefore, the basic space requirementR have more than doubled because of these programs. H~ explained that there are 382 standards which the American Correctional Association has published for adult detention centers and that of those he feels that the most impot~ant is the standard which requires individual cells throughout an institution. He said he worked .j. " .~ t· " . .~. MOK 061 PACE376 Page 3 - ..-....... . ! I, I ¡ . - ".....'."'..~... --.---....--. .. ..- .....,..~,....,. ~ ~ ._--~~.. &OOK OBi PAGE377 April 28, 1981 for 23 years inside prisons and that from that experience he balieves individual cells are really best. ****Commissioner Wenzel left the room at 2:50 P.M; and returned at 2c55 P.M.**** Chairman pistor asked if there was a difference in space require- ments between a jail and a prison and Mr. Minton said that the requirement for the size of individual cells becomes greater with long term prisons. He said that the standards require a day room space adjacent to the cell spaces with a minimum of 35 square feet per inmate. He explained that the span of control of locking and unlocking doors is for cell blocks of 125 and that it is possible during periods of shut-down for one officer to loch. and unlock every door in a cell block of 125, and dircctly see every cell door and to have direct supervison of every individual in the day room. He said during the daytime there would be additional officers. **..Commissioner Kruse left the room at 2:57 P.M. and returned 2:59 P.M.···· Mr. Norman said that there would be twenty-five individual cells in a cluster plus a day room ðnd there would be five clusters per cell block. Mr. Minton described the division of the cell block into punitive and administrative areas which are adjacent but separate from each other. Mr. Norman noted there would be 250 inmates in the 10 clusters and he asked Mr. Minton to addre~s whether this would be enough cells for the future. Mr. Minton said that from his experience the jail population runs pretty much along the general population line. He described all the variables which were investigated during the study made for the jail projections and he said that there was a time when the Myers Act carne into effect when the jail population stayed even. ¡ , i j j 1 1 , ! , ~ I ~ t page 4 .." . . '. --- .~~..ft',!,"I.-.-cI1UM!_M~*~I!'IØ~->'!''-'''''~'' r .. ,.-.-.:.>1-1 ¡:t,,~.~r~.' ~ , : , : I I i ¡ '. ",0 I' ~pril 28 , 1981 Commissioner Kruse noted the difference in price between th, contact and non-contact visiting area spaces, and Mr. Minton said that both of these spaces are required. Mr. Minton responded to Chairman pistor's question and said that the projections are for ~oo square feet per inmate and he feels that from 400 square feet required that is the most reduction which should be made. Mr. Minton explained that there is a state requirement to submit the architectural program and the schematics and also design develop- ment to Mr. percy Folsom in the Department of Rehabilitation who makes the final judgment. Mr. Norman referred to the ~olizzi/Heery Report which indicates that 291 spaces will be provided in the new jail and he asked how the County will get through the next five years and Mr. Minton said that possibly some of the minimum security people could be sent to some other facility. A discussion followed regarding the large size of the food service area in the proposed jail with Commissioner Kruse questioning the need for the 5,~00 square feet which is listed. Mr. Minton said that planned food service area does not include a central eating area. A discussion followed regarding a work release type program which Deputy Barnett said some judges favor. An unidentified person in the audience asked if there was a possibility of having a restaurant cater the food service needs for the new jail and Deputy Barnett said that when this was explored a few years ago no area restaurant wo~ld do it because the jail account was not large enough to warrant a restaurant being interested. Mr. McNeel .aid that there would be "further investigation into the food service a1'ea size. '&OOK 061 PACE378 Page 5 " . I, M1_ ~v ... -..-----.... ~ '''''-'·'-''';-'..~I_.'' .~- ... ..... ., '..- -. ~ ~ .----- . &OoK 061 PACE379 Apr 11 28, 1981 Sheriff Rogers said that the purpose of the figures that Deputy Barnett presented was to give the Board an idea of what his department expects to be doing in the next five years and he said that when officers are added more arrests are made and he said that he feel~ if the growth continues there will be an increase in inmate population. He said he felt that there will need to be provision for work release prisoners in the projections. A discussion followed which covered the possible need for more than 291 cells since, at the end of five years, there may be 400 prisoners in the jail. Deputy Barnett explained the Myers Act as a program where alcoholics are put ir d hc.'pital instead of in jail. Chairman pistor said he feels the County should design for the 10 year jail need since the cost of building it now would be cheaper than waiting five yea.s and adding an additi~n. Mr. Arnold Lawrence asked who ultimately approves a jail facility and Deputy Barnett said that the Department of Corrections has to approve the plans before the County would be allowed to construct a jail and then it has to inspect the ,facility before the County would be allowed to put prisoners in that jail. ~. Mr. McNeel said that jail dimensions are determined partially by the amount of time an inmate spends in a cell and that the square footage could be less if provisions are made fot the inmate to be outside the cell but still within a controlled, secure area. A discussion ensued during which Mr. Minton said that the state statutes are presently being changed and he added that Mr. Folson had told him on the phone that a gymnasium would be mandatory. ******Commissioner Kruse left the room at 3:47 P.M. Returned: 4:00P.M.*****· Pac;¡ e 6 . \ . ", ..~v ,o.. '''', . ~r~t,~,;""",,",,,·,·· .. .' .. r1 r'1 ----, ~pr1l 28, 1981 Sheriff Rogers said that presently there is a civil ,suit ag~inst the Department of Corrections by the inmates saying that tho Department 18 not enforcing the present laws and this suit is in the courts now. ....**RECESS: 3:55 P.M. to 4:00 P.M.****** DISCUSSION REGARDING SPACE REQUIREMENTS FOR COURT SYSTEM Ms. Mary Prasch explained that she works for the Court Admini- strator's Office of Fort Myers and for the four Collier County judges and she presented the projected space requirements for the court sYBtem. She said that her department has projected the space need of more than twice the amount rrrent~y used by the courts but that does not mean that the personnel will be doubled. She described the current court system as consisting of two circuit court judges and two county judges ðnd said that Building A has two secure court rooms and one smaller, unsecure courtroom. She said there are three smaller hearing rooms and that currently only three of the four judges are able to conduct jury trials and one of those cannot have prisoners from the jail due to the lack of a secure place for said prisoners. She said that the two judges using Courtrooms A and B must be cautious since these courtrooms share one jury room and two juries cannot deliberate in the same room at the same time. She explained that there will be another judge appointed in JU]y and this will create a need for an appropriate space for his office. Ms. Prasch explained that there is currently no central jury room, and no place for witnesses to wait for trials, although there will be a trailer for this purpose under the Witness Assistance Program. She said there is no place for court reporters to do depositions at present and no place for attorneys to confer with clients. Ms. prasch explained that attachment A of the material she dis- '&'OoK 081 PAGE ggo Page 7 --...- ~ ~ &OOK 08! PACE'Sll Ap r 11 28, 1981 tributed is a listing of court procedures, how often they take place, the number of people involved and the space needs for each, adding that the criminal proceedings require a holding cell'for prisoners and that these types of cases present t.he largest problems to the county. She said that the traffic and misdemeanor cases involve great numbers of people and there are more cases of non-English speaking people which requires court interpreters. She said that the County court judges also go to Immokalee to hold court on Wednesdays of every week and that the court system there is in equally bad state. Ms. prasch said that ~ecurity is stressed because there is such a lack of it in Building "A". She said that the judges use the same stairwells and elevators as the general public. She said there are no back entrances to all of the courtrooms. Ms. prasch said she had included copies of a population graph which includes the current and predicted population of the County and she had added what estimations her department has made for additional growth. She explained that attachment C is a graph of past case records from 1972 through 1980 and she said that attachment D shows the number of cases by which the caseload was increased from 1976 when the system of counting cases changed from counting booking sheets to counting only the cases in which indictments were filed. She said that it is estimated that during 19~1 the circuit judges will handle 3900 circuit cases and that the circuit judges can adequately handle a maximum of 1350 cases working' to capacity and that in 1980 they handled 1772 cases apiece which has create~ a formidable backlog. She explained attachment E was made by doing a simple average of the increase in cases from 1976 to 1980, assuming an increase of 288 ca.e. p6r year, "and using the ideal case nurr.ber of ð maximu:.ft of 1300 case per paCJ e 8 . , .,- ~._.,-- ~.c.or..ì'4 U),!>.I'~I"';'" ' ' <¡¡,ßt''("HJ.''"·'·;,·''·¡ .-' ,~n~~~~"'oít!:IIiI!t,.I'f..t"~.....,..........., "'" ~ ~.W'" i --..... . . . , , April 28, 1981 circuit judge. She said that during 1980 Judge Trettis and Judge Hayes handled 18,309 cases which consists of traffic, misdemeanor, small claims and civil actions below $5,000. Ms. prasch said that each new judge will have his own secretary, office and, hopefully, courtroom space. She said that attachment F indicates the 1980 statistics and is an indication that there has been no exaggeration of the figures. Mr. Norman noted that apparently during 1974 and 1975 there waS a peak in the number of cases and that during 197~ the caseload was lower and Ms. prasch said that no one seems to be able to say what happened to lower the cases. Mr. Reagan said that during 1975 ánd 197ñ the cases were counted differently. C~mmissioner Kruse asked why there was a need for a r9bing room for the judges with a shower. Ms. prasch said the judges have reques- ted a central type of conference room in which they could meet. Commissioner Kruse said she questioned the need for a shower room and Ms. prasch said that sometimes the judges work through their lunch hours and late at night and they requested the shower room. Commissioner Kruse pointed out that there is almost twice the space listed for the judicial secretary and she asked if there was that much larger workloðd, to which Ms. Prasch said that a judges' secretary handles a huge workload consisting of all his court scheduling, calling attorneys, and working out his civil case docket. Mr. McNeel said that that Type 4 space is secretarial area with minor ~aiting area and small file cabinets because the judges did not want people waiting in their offices. Mr. McNeel explaihed that the judges had indiCðted that if the robing room facilities with a toilet facility, break room and conference room could be centralized they would be willing to give up eOOK OB1 PACEBB%. Page 9 ,~..'.' ........._..~- '-" ~ ~ " ,&QoK 061 PAG£!B3 April 28, 1981 the private facilities and Ms. praach said that was if the majority rule.. Mr. McNeel drew on the blackboard the diagram of a typical courtroom and he explained the areðs involved in front of the rail and behind the rail and the space needs for this area. He described the three types of courtrooms. .....Commissioner Kruse left the room at 4:35 P.M. and returned at 4:45 P.M.····· Chairman pistor asked if the courtrooms are set up so that the defendants would not be mingling with the public and Mr. McNeel answered in the affirmative, and he said that the judge would not have to intermingle with the public either but that he would have a private entrance to the courtrooms. Mr. Norman said he understands that the planning entails four circuit judges and three county judges with six courtrooms, and Mr. McNeel agreed. ....Deputy Clerk Skinner was replaced by Deputy Clerk Brenneman at 4:50 P.M.····· Ch~irman pistor observed that perhaps some consideration should be given to using the Courthouse on a more efficient basis with Ms. prasch explaining reasons why there are empty courtrooms on occasion, among them a guilty plea by the defendant, a request for a continuance of the case in question, after a trial date has been set, witnesses subpoened, and the like. She said that the judicial system permits these requests to bé honored but when a case is scheduled she has to provide a place to hold it. DISCUSSION OF SPACE NEEOS FOR STATE ATTORNEYS' OPERATIONS Assistant State Attorney Pellecchia prefaced his comments by noting th~t "We are all inter-locked" adding the comment that the jail system depends on what the State Attorney does and how many Courtroom. Page 10 ,', -.-.._'- ~_~("I~_~.."...III\...~~~.......,."",..,:·..".,... , 'r o , t' ~ ~ ',H I '~., ~j Jd r;: \~"'!I:;;;:¡ t.", C' ¡ -'- , . ',' - >. --,---- April 28, 1981 the judges require, aalso. Additionally, said Mr. Pellecchia, what the judges do has an effect on their office. He referred to the provided statistics and indices on crime data, pointing out that t.he figures do notin~lude any drug cases, and called attention to the 42\ increase of filings of felony cases put into the court system in Collier County from 1979 to 19BO. Therefore, said Mr. Pellecchia, the State I ..' .' ~ttorneY'5 staff has to be increased based on the statistical datð and population figures which have been compiled. As an e~ample, Mr. Pellecchia reported to the Board that the sum of $6,000 has recently been expended merely to move some walls in order to utilize a hallway so another attorney could be provided with an office. If the Governor's proposal of hiring 700 additional prosecutors is implemented, said Mr. Pellecchia, space will have to be rented, add'ng that if additional attorneys are allotted there would not be enough judges to keep the caSes "moving". Therefore, he continued, prisoners would have to sit in jail necessitating a bigger facility. He addressed the work-release program which some judges favor, noting that he does too, but said that'in a conservative county such as Collier, the residents do not want arrested persons "roaming the streets". Returning to the information furnished, Mr. Pellecchia said that the projected figures are, on the whole, ""pretty good" but pointed out a few instances where there were small omissions - i.e. space for a supply room, facilities for word-processing equipment, and the like. The -bottom line", said Mr. Pellecchia, is that in the next five years the staff will increase from the present 26 employees to 47, and that in 1990 there will be an incr8ðse from 47 to 67, adð'ng the additional comment that the crime base figure increased in the last 8 years by "29.fi' &OoK 061 PACE384- Page 11 ..- . ~ '/ ~ _..__.__H___. r~_ ~ &OOK 061 PAcE385" April 2A, 1981 There was a discussion concerning state-mandated requirements with Commissioner Wenzel posing the question as to why State and Federal rules and regulations have to be met if the County builds the facili- ties on its own. County Manager Norman explained that the Sta~~ law requires the counties to provide space for the State Attorney and dictates the size of the space requirements. Mr. McNeel was a~ked to comment on the differences in calculations between Mr. Pellecchia's projected square-footage requirements and those of Polizzi/Heery. He said that, unfortunately, the State' Attorney's office was the one division that they were unable to arrange meeting with for follow-up, explaing that the results of the questionnaires were used. Regar~ing space standards, Mr. McNeel acknowledged that he was unaware of the State requirement concerning the vested square-footage rights for Co J1 5 tit uti 0 n a 1 Officers. He questioned whether or not the regulations are guides or standards rather than requirements, explaining that standard guidelines for each function to be performed were used to make their calculations. He also sug~ested that if space requirements are mandated that there could be wide differences between the needs for the State Attorney's office in Collier County and the needs in Miami, Tallahassee, and other like localities. Mr. McNeel said that the information provided by Mr. Pellecchia is valuable and will be followed up and that he will need the Board's direction as to whether or not to follow the State sandards for Constitutional Officers, or State Officers', space or to proceed with the function standards developed for Collier County. The merits of having meetings such as the ongoing one was mentioned by Commissioner Wimer who said that if they were not held rage 12 --...... '. -.' ;; " ,~ ".~ .~~:f".r.........~..,. ~ ç:;::1 ---., I . , . .... .....-. April 28, 1981 perhaps there would have been problems encountered. Mr. ,Pelleccbia expressed his gratitude to the Commissioner for suggesting such meetings. Chairman pistor voiced his desire that additional Workshop Meetings be held with the various department heaðs. A further suggestion made by the Chairman was that it might be wise to "shoot" for ten-year figufes which would, in effect, necessitate only one set of figures. Commissionef Wenzel said that he would like to have a referendum included on the ballot for the Charter scheduled for June to determine if the people want to spend S24,OOO,OOO or not. Commissioner Wimef opposed the ballot question with the comment "If you w&nt to defeat it, put it on the Ballot June l~th". Mr. Norman asked that he be given time to arrange scheduling for the Workshops. Commissioner Kruse said that she has no objection to the meetings at the convenience of the Board and suggested that the expansion program be addressed as two separate projects - the criminal justice phase, and the balance con- sidered as the government growth phase. Chairman pistor said that he would schedule some all-day Work Sessions and let everyone know about 1 them as quickly as possible. Commissioner Wimer moved, seconded by Commissioner Kruse and carried 4/0 with Commissioner Brown not present, that a target of ten years be the direction of the Boafd fOf the expansion program. Mr. McNeel observed that, under the contract, the architect will be ,required to provide for the designing of a Master Plan for a total of fifteen years expansion - in fi~e-year increments. Chairman pistor observed that the Board was' asked to provide guidance to the con- 8ultants which has been provided with the action taken by the Board. Commissioner ~rU8e inquired if consideration has been given to &OOK OS1 PACE386 paCJe 13 ~ , I . ." .......~.._ ....f.........·... ~ ~ &OOK 061 PACf.~ April 28, 1981 adding additional stories to existing buildings with Mr. McNeel responding in the affirmative. He also acknowledged that a feasibility study is to be provided, as well as'a .comparison of alternatives, which will bø provided in their recommendation, as well as that ~f the architect, to the Board. * * * * * * * There being no further business for the good of the County, the meeting waS adjourned by order of the Chair - Time: 5:45 P.M. . ,.. .: . "' - "7 ,I.