MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 17, 2008

 

 

 

The Board of County Commissioners of Brevard, Florida, met in special session on January 17, 2008, at 9:07 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

 

Commissioner Voltz stated yesterday the graduation ceremony was held for the first kids from the Amer-I-Can Program; it was absolutely phenomenal to see the faces on the kids; they were happy to be there; and it seemed like their lives had been turned around.  She advised several of the kids’ grade point averages had jumped from 1.4 to 3.7; it was phenomenal to hear some of the kids talk about how the program had changed their lives; one of the moms was there; and she talked about how the program had changed her son’s life.  She stated she was able to get four full-paid scholarships from FIT, four from Brevard Community College, and she has not heard the final word from University of Central Florida; but it looks like they are going to come through also.  She stated these kids now have an opportunity to advance and move forward; and it is tremendous how the community came together for that whole program.

 

 

Commissioner Bolin inquired if the Board wanted to discuss the National Space Symposium at this point or wait until later in the meeting; with Chairman Scarborough responding he has had a number of people with the Space industry, some from NASA, who said if Commissioners were to go anywhere that is the one place to go.  Chairman Scarborough advised the reason is because not only are there people from the United States but there are Europeans, Russians, and Chinese, and a person is really able to get the ability to understand the geopolitical ramifications; it is not just one Center arguing with someone in Alabama; and it is huge.  He stated he would like to get permission for Commissioners to travel to the National Space Symposium, and each Commissioner individually can determine if he or she would like to attend; and if the Board wants people to touch base with to talk about who had attended previously, he can give a list of names.  Commissioner Voltz inquired where and when is this Symposium; with Commissioner Bolin responding it is in Colorado Springs, Colorado on April 7 through 10, 2008.  Commissioner Bolin stated she has looked at the Agenda and it is an excellent Agenda.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant approval for any County Commissioner to attend the National Space Symposium held April 9 through 12, 2008 in Colorado Springs, Colorado.  Motion carried and ordered unanimously. 

 

 

 

 

Chairman Scarborough stated he has never attended but people are talking and asking what to do next.  He stated he visited with Bill Parsons earlier this week; and the Commissioners who do not schedule meetings with Mr. Parsons should go out there and visit him.  He stated there were discussions yesterday about the concept of the Department of Energy’s presence at the Space Center; it will be some of the Board Members conversations; Bob Walker is trying to get Commissioner Nelson into the Department of Energy as well; and energy will be the top topic.  He stated the reason for that is fuel is becoming more expensive; on the other side the production of energy creates pollution they are driving the world’s concerns to the extent that the Board can expand its vast complex into a presence with the Department of Energy; and it would behoove it.  He stated the Board needs to be involved because it does know there will be a gap; it will be a $1.5 billion impact to the local economy; and it is scary.

 

Commissioner Nelson stated this Friday Rudy Giuliani is coming back into Brevard County; the Economic Development Council (EDC) has worked with members of Space Florida, and everyone to get a roundtable discussion with him to try to get this Presidential candidate coming to Brevard County to at least talk about Space and to see if Brevard County can get Presidential candidates interested in Space; and Florida is a swing-state in the upcoming election.  He stated it is going to be a small group with the ability to talk frankly about what is happening and what the possibilities are.  Chairman Scarborough stated he has been personally disappointed in the lack of discussion on Space in the whole presidential issue; he hopes it becomes more significant; but some of the answers to the things on this Earth can only be solved in Space.

 

 

Commissioner Colon stated speaking of Space, she had given an invitation to Senator Mel Martinez to do a tour of Northrop Grumman, and he took her up on that; he stopped by Tiger Bay and one of the questions asked clearly was regarding Space and how important it is to Brevard County; Senator Martinez made it clear it was up to Brevard County to market Space; Senator Martinez, Senator Nelson, Congressman Weldon, and Congressman Feeney are all on board; and Brevard County needs the support of its entire Florida Delegation.  She stated Senator Martinez was impressed with the technology and he learned a lot; it was an eye opener to see how far technology has come; and she was pleased and proud of the fact that it was an eye opener.  She stated this is a United States Senator who is invited to many companies, but for it to happen right here in Brevard County was a very proud moment; and the Senator came out of it learning a lot.  She stated one of the things with the EDC that has been key was to get all of the presidential candidates to come into Brevard County, Democrats or Republicans; this is a bipartisan issue; all of the Presidential candidates need to get on board; and the invitation has gone out to all of the candidates, even to the people who are not in the top three.  She stated after January 29, 2008 no one is going to be interested in the State of Florida; the County has a small window of opportunity; the EDC

 

 

 

 

 

 

has been very aggressive trying to get in touch with all of the presidential candidates; letters have gone out inviting them; and it would behoove the Board to realize the reason the candidates are not talking about Space is because the Board needs to talk about it.  Commissioner Colon stated the Board is sending the paperwork on behalf of the EDC to all of the Presidential candidates so even if they are not in Brevard County they are knowledgeable about the things the Board is doing; one of the things she discussed with Senator Martinez was that it is not just the numbers, there are indirect numbers that are affected; this is not only a Brevard County issue, it is a national issue; and the more a United States Senator representing the State of Florida is echoed, the more crucial it is to Brevard County.  She suggested the Chairman write a letter from the Board thanking Senator Martinez for taking time out and understanding what the issues are.  Chairman Scarborough advised he would write the letter.  He stated Commissioner Colon has really identified how the community can raise the issue of Space; time is running out; and everyone in the community needs to do something rapidly. 

 

Commissioner Colon stated this is not a Democrat or Republican issue; it is about Space; and the community needs to make sure that Brevard County is put on the map.  She stated Dale Ketcham has been good at getting in touch with the folks in Washington, D.C.; letters of support from the community to the elected officials would be nice; there is nothing wrong with the community sending emails to presidential candidates; and it is up to Brevard County to market itself and to let the world know.  She stated everyone needs to send emails to all of the candidates to let them know if they want Florida to support them they need to pay attention; and it is not a Florida issue as it affects the nation.  She encouraged the community to send out those emails; and if the candidates get enough of those emails, it will be crucial.  She advised it is the future not only of Brevard County but of the State of Florida; the EDC has been non-stop over the past two weeks; they have been contacting every one of the Presidential camps; and Brevard County has a lot to lose.  She stated when she spoke personally with one of the presidential candidates who came last week, she made it perfectly clear to him that the Board is tired of hearing this is a Florida issue; it affects Texas, Louisiana, and Alabama; the candidates need to be knowledgeable; the economy of all of the states will be affected by it; and he was listening but was surprised.  She stated the presidential candidates staffs are so protective of them that they will not share information about those candidates; people need to get assertive and let the candidates know; and he said he was aware of the situation to a certain degree but needs to know more, and requested Brevard County residents to educate him on the issue.  She noted there are only two weeks to contact every single Presidential candidate; it is do or die; she is not exaggerating; and Brevard County by 2010 will lose thousands and thousands of jobs if something is not done about it.  She stated the community has to Court both candidates that end up winning the nominations on both sides; it is the community’s job to get those candidates to come to Brevard County and to hear what the issues are and how critical it is; and it is not just the next two weeks.  She advised it is important for people to vote because if people do not vote the candidates will not pay attention to them; the candidates want to see how many voters come out; and it is crucial for everyone to come out and vote. 

 

 

 

 

Commissioner Colon stated The Military Order of the World Wars is an organization that is going to speak before the Board under her report; these are military officers who focus on the youth and youth leadership and teach the youth about patriotism, leadership, free enterprise, and what America is all about; and it is an incredible group of folks.  She stated her office will do resolutions for wonderful folks who live in Brevard County, such as the Tuskegee Airmen, and some Prisoner of Wars (POW) that were in Vietnam who live in Titusville and are supported by the Navy League; it is important for the Commissioners to let the community know the wonderful people and history in the community; the Board will be seeing a lot of those resolutions from her office; and she would encourage the Commissioners that when he or she runs into someone who is of that caliber that the community does not know about to please recognize them at a Board meeting.  She stated it makes a person proud to be an American once hearing those stories.  She stated the Tuskegee Airmen are so humble; they will be inviting folks who are able to fly into Brevard County to be recognized; and they wanted as many of them to be present could be. 

 

 

Chairman Scarborough stated the Space Coast Birding and Wildlife Festival, which is the best in the nation and world today, will be occurring in Brevard County beginning January 23, 2008.

 

 

Chairman Scarborough distributed information on the United States sub-prime mortgage crisis.  He stated with the housing market, foreclosures, and depressed construction industry, the listing relates to all of the stuff happening with big banks and what occurred with the whole process of mortgage lending that allowed speculation that avoided over building; it shows on one side that maybe Merrill Lynch has got to go off and have people in the Middle East and the East buy in and own; financial institutions are going to shift from being owned by America to other entities because of this thing; and a person can look at a neighbor or a person in the church who wanted to make a little money, borrowed against their home, and now he or she is looking at bankruptcy.  He advised the other level is the geopolitical; the financial institutions may shift from being controlled by the people in this country to being controlled by persons outside of the sphere of the normal influence; and the complexity of all of this shows there are linkages between the two.

 

 

Commissioner Colon stated there have been other communities that are in the process of protecting themselves from anyone who is coming before their Board trying to develop

 

 

 

 

 

 

large parcels; the communities need to make sure that Homeland Security is tied up with the kind of background checks that folks would need to have done; people cannot put their heads in the sand and act like it is only more of a federal problem; and locally potentially there are investors who may come into a community and those dollars may be going to radical Islamic terrorists.  Commissioner Colon stated she is trying to find out what other communities are doing in California; if someone comes before the Zoning Board before a local government that local government can send that information directly to Homeland Security, working with the FBI, to do a background check to make sure; Brevard County does not have the manpower to do it; and it is done at a higher level.  She stated a lot of folks will question what that has to do with Brevard County; if the Brevard County Board of County Commissioners is going to allow that kind of rezoning, it is also responsible; and if other communities are beginning to look at that, Brevard County should also.  Chairman Scarborough stated Commissioner Colon should get with County Attorney Scott Knox and give him the information; and he requested Mr. Knox to give the Board a report. 

 

 

Assistant County Manager Stockton Whitten stated staff issued the Board a report; it was staff’s intent, if the Board desires, to walk through the sites contained in that report; and there are about 15 sites grouped into three different categories, County-owned sites that are on the market for sale, and what staff has qualified as other opportunities, which may be an opportunity for the Board to swap some properties.  He stated Assistant Facilities Director Teresa Camarata will walk the Board through the sites; and the information the Board sees on the screen will also be displayed for the audience on Space Coast Government Television (SCGTV).  Commissioner Voltz inquired if the meetings are still on Channel 99; with Mr. Whitten responding yes.

 

Assistant Facilities Director Teresa Camarata stated Site A is Rodes Park, owned by the County; it is 18 acres; it is a site the County had considered selling in 2005; and the appraisals on the parcel were $2.6 million and $3.7 million.  She stated Site B is the County Service Complex at Palm Bay; and there are 12 acres south of the facility owned by the County that could be developed.  She stated Site C is an 80-acre Road and Bridge property three miles south of Malabar and three miles east of U.S. 1 on Valkaria Road; and the property owned by the County is on the south side of Valkaria Road.

 

Commissioner Nelson stated basically everything in the slide is being developed as part of the referendum; it is the old Broken Glass site that is now Valkaria Park; it is an impact; and it is not all available as part is being developed as a park.  Commissioner Bolin advised it brings in the factor of children.  Commissioner Colon stated with Rodes

 

 

 

 

 

 

 

Park, the dollars for the sale of the Park are going back to Rodes Park; she wanted to make that perfectly clear; and the County has to sell it to the highest bidder because those dollars have to go back to finish Rodes Park.  Chairman Scarborough stated the earlier County properties could come available without a County purchase, but with Rodes Park it would go into helping with improvements. 

 

Commissioner Voltz inquired if the Board is going to discuss each item as it goes along; with Chairman Scarborough responding the Board can go through the whole group and come back after getting the big picture. 

 

Ms. Camarata stated Site D is a 33-acre parcel that is Valkaria Airport property on the north side; and it is located two miles west of US 1.  She advised Site E was on the market in October 2007; it is 25 acres; and it is one-half mile west of I-95 on U.S. 192.  She stated Site F is 27 acres located on Minton Road, two miles west of I-95, and two and one-half miles south of Palm Bay Road.  She stated Site G is 28 acres, one mile west of I-95 at the intersection of Minton and Palm Bay Roads.  Commissioner Voltz inquired how Site F can be west of I-95 if it is Minton Road; with County Manager Peggy Busacca responding I-95 goes over Minton Road.  Ms. Busacca stated at Eber Boulevard it goes over Minton Road. 

 

Commissioner Colon inquired if the properties are just large parcels belonging to the County, or from the private sector too; with Ms. Camarata responding beginning with Site E, those are unimproved parcels that are on the market.  Ms. Camarata stated Sites A-D were County-owned properties, and beginning with Site E those are properties on the market.  She stated staff was looking for large parcels near main roads.  Commissioner Voltz inquired how many acres are really needed; with Ms. Camarata responding it depends on the service to be provided at the new Courthouse.  Commissioner Bolin inquired to do a full-service Courthouse, how many acres is needed; with Facilities Director Steve Quickel responding staff can give the Board a comparison.  Mr. Quickel stated there are approximately two and one-half acres at the Melbourne Courthouse with two judges and a hearing officer; at the Moore Justice Center are approximately 25 acres of property; a lot will depend on the decisions that are made; staff was just trying to identify likely sites or sites that could be available that would fit with it in its area; and then once staff begins having some of the parameters established, other things can be looked in terms of what is more appropriate.  He advised one of the things that will control the size of the site will also be the water drainage that needs to be accommodated and the environmental issue; until staff gets further into the process, it will be difficult to say what is needed; the intent is to accommodate at least two judges, but that is a moving target as well; and it is a preliminary presentation to the Board to find out what it wants.  Chairman Scarborough stated the Board is fixed on the current problem and does not understand that the County will be around for hundreds of years, and all of a sudden it is dysfunctional; and 20 years from now the Board will say the County did not buy a large enough site.      

 

 

 

 

 

 

Mr. Quickel stated he would be inclined to lean towards the larger acreage tracts if for no other reason than if the County expands with a Courthouse, there will be eventually the potential for ancillary facilities, such as State Attorney, Public Defender, and others that are associated with the Court.  He stated there are no two and one-half acre sites because staff did not feel they were worth considering; so most of the sites are 12, 15 acres, and up for that very reason.

 

Ms. Camarata stated Parcel H is a 20-acre parcel located one-half mile west of US 1 at Commerce Park Drive and J. Conlan Boulevard; Parcel I is 20 acres and located on Malabar Road; it is two and one-half miles west of I-95; and it is near the intersection of Minton and Malabar Roads.  She stated Site J is 21 acres; and it is located one mile south of the intersection of I-95 and Malabar Road on Babcock Street.  She advised down in very south end of the County there are over 2,000 acres available for sale in the vicinity of I-95 and Babcock Street.  She stated Site L is an 81-acre parcel that is near the proposed north end of the St. Johns Heritage Parkway.  She stated Site M is the Intersil property that was looked at before; it is 15 acres of unimproved property at Intersil; and it is one mile west of U.S. 1, and four miles east of I-95 on Palm Bay Road and Lipscomb Street.  She stated Site N is approximately 30 acres of property at the south end of the proposed St. Johns Heritage Parkway at the proposed Bayside Lakes Development.  She stated the last property is at the intersection of Port Malabar Road and U.S. 1; it is not on the market; it was one that was recommended that staff look at by the Stakeholders Group; and it is an 11-acre parcel that was previously a shopping center and a bank site.    

 

Chairman Scarborough stated he would take the public speakers at this time.

 

Douglas R. Beam expressed his thanks to the Board for setting aside a special meeting on this topic; and stated it is a Countywide issue, not just a South Brevard issue.  He stated the last time this item was talked about the Board had a lot on its plate with the budget and things in Viera.  He stated he has been busy in the last few months working on this issue in South Brevard; he wants to share information he was able to get last week from the Judiciary; and distributed information regarding Court cases.  He stated the handout he distributed is something new; it is a summary he received from one of the judges; the first page is from January to November of last year; and the other pages support those statistics.  He stated when looking at the Melbourne and Titusville totals compared to Viera, there are two judges in Melbourne handling 7,195 cases during that period; and Titusville handled 6,581.  He stated a lot of people would ask does Titusville have a lot more traffic tickets issued or is there alleged more lawlessness in the north end; and that is not it.  Chairman Scarborough stated he is glad Mr. Beam said that because his time to speak was about over.  Mr. Beam stated it is just the way the cases are assigned.  He stated Titusville gets a lot of South Brevard County work; when looking in Viera there are seven County Court judges who handle 14,738 cases; seven judges handle a little over 2,000 cases each; and the Melbourne judges handle over 3,500 each.  Mr. Beam stated there is a need in Melbourne for Circuit Court presence.   He advised Mr. Charles Favors is present from the NAACP, and he can talk about the issue.    

 

 

 

 

Chairman Scarborough stated when the Board first got into the dialogue about coming to Viera there was a great distinction made between what he calls the people’s County Court which is where the summary claims actions, traffic tickets, and the volume Court are; and then there is the Circuit Court where there are things like divorces.  He stated there was a thought to look at them as two separate entities.  Mr. Beam stated County Court handles misdemeanors and cases up to $15,000; that is their typical jurisdiction; there are two levels of trial Courts in Florida, Circuit and County; Circuit handles disputes involving more than $15,000 and felonies; and those are the two levels.  He stated the County Court is the front line; it is where the rubber meets the road; it is the Judge Judy cases; people say County Court handles minor things; but it is not minor if a person gets a DUI as it is a big deal to the citizen.  Chairman Scarborough stated a County Court judge normally has something that moves more rapidly through the system than a Circuit Court judge; because of that the County Court judge handles a great deal more cases; there was a discussion of whether or not to close the Rockledge facility because of the convenience of being closer to the community and bringing it out to Viera; and with the smaller items it would be nice to be able to get in and out more frequently.  Mr. Beam stated not all Circuit Court cases are criminal or personal injury; it is far more than that; and it is the family Court.  He stated when a person has a job, is working in South Brevard somewhere, and there is a child custody issue that cannot be handled by a family Court magistrate, he or she would have to come to Viera or Titusville; if there is a commercial dispute in South Brevard, the people have to go to Viera or Titusville along with all of the witnesses; and if a person gets in a motor vehicle accident and is seriously injured, the doctors and all of the witnesses have to go to Viera or Titusville even if they live on the Indian River County line.  He advised there is an argument and he is glad to have two County Court judges in Melbourne; but an argument could be made that more are needed based on the statistics.  He stated in his work people want closure on the cases; he is a trial lawyer; when a person comes to see him they are going to Court usually; people like to get it resolved; and he has to explain to them that it takes some time.  He stated it takes time to get a Courthouse right and that is why the Board is having the workshop; but in the interim, something that has developed since the last discussion, and he is asking the Board to consider making a recommendation to Chief Judge Simmons, who is the Chief Judge of the Eighteenth Judicial Circuit.  He stated there are two counties Seminole and Brevard in the Circuit; he would like the Board to consider making a recommendation that when judges are rotated on July 1, 2008 that one Circuit Court judge is assigned to the Melbourne Courthouse; and that is doable as all of the facilities are there.  He suggested the Board consider writing a letter or something to ask for the Chief Judge to assign one Circuit Court judge, which can easily be done; stated it has been done in the past, and this is how to accomplish it.  Mr. Beam advised there is a little mini Courtroom where the Traffic Magistrate sits in every place in Brevard County except the Melbourne Courthouse; and the Melbourne City Police, when they have a traffic ticket that is issued, it is done in the Melbourne Courthouse.  He stated every other agency, with the exception of the Sheriff’s Office at the Melbourne

 

 

 

 

 

 

Courthouse, does it at city halls; that is not popular with people who defend traffic tickets because all of the officers show up; it is at City Hall; and sometimes a people get a freebie.  He noted the Board could easily tell the City of Melbourne to do traffic issues at its City Hall in the Council Room; and a magistrate can go anywhere.  He stated that would free up the Courtroom for that Circuit Court judge; and all it takes is for one of the judges to say he or she will sit there.  He requested when planning the courthouse, the Board consider a full-service courthouse; stated when the Board is long-gone, he is hoping the County will continue to be a great County; and the Board needs to think to the future.  He requested the Board find a location for the courthouse south of Aurora Road and east of Wickham Road.  He stated he is asking for what Titusville has; Titusville has two Circuit Court judges and two County Court judges, and it works; he was distressed at the Stakeholders meeting to hear that the judiciary is planning to possibly close down the Circuit Court in Titusville and move it to Viera; and the safety valve is the Melbourne Courthouse for at least one Circuit Court judge while the Board is deciding on what to do.  He stated the only other person that would have to be coordinated with to have the mini-courtroom would be the family Court magistrate; that is only one or two days a week; and that requires no modifications.  He advised the Clerk of Court has to have a Clerk there; and there is courtroom security already.  He stated there have to be holding cells in any Courthouse because just because a person is in jail does not mean he or she would give up on their children; and people are still transported even for civil things.

 

Mr. Beam thanked the Board for addressing the issue; stated South Brevard residents are restless but know things are being done; and he knows the Board is going to make a good decision regarding this.  He stated one of the other areas being looked at is how to stimulate the economy in South Brevard County maybe in some distressed areas; inquired is there grant money from federal government or the State; advised there may be a lot of land in the areas that are blighted; and it would jump start the economy in that area too.  He stated now if he goes in the evening to visit a friend in certain parts of South Brevard or South Melbourne, he may be subject to being stopped by law enforcement because he is Caucasian and he is in an African American community; it would be nice to perhaps have a Courthouse there; and if he was leaving at 10:30 p.m. and walking to the local Applebee’s, law enforcement would not stop him because he was there to do business.  He stated maybe it would stimulate the economy with the location of the courthouse; and many South Brevard County people do not want to see it as far south as some of the suggestions. 

 

Chairman Scarborough stated the judiciary makes the decisions; and the question is would there be space available if the judiciary decided to move a Circuit Court judge.  He stated it is a Facilities issue; and the Board could ask the Facilities Department if the County is capable of doing it.  He stated it would be presumptuous on the Board’s part to decide where to put judges; and judges would like to have the Board respect that.  He stated it is a community issue; and it is right to take the first step to say where to go next.  He stated he is thrilled to be on the Stakeholders’ Committee; he is one of only two who are from the private sector on the Committee; and one of the judges at the Stakeholders

 

 

 

 

meeting said it is nice to be in Viera because if someone is sick, that judge can be covered.  He inquired who covers Circuit Court in Melbourne on a daily basis regardless of illness.  He advised the answer is no one.  He stated if the Committee can get a recommendation from the Board to Chief Judge Simmons while the location is being done, it would help them because the locations of the judges will be picked July 1, 2008.

 

Commissioner Voltz inquired who are the Circuit judges that are listed in the handout; with Mr. Beam responding those are all County judges.  Mr. Beam stated it was given to show the need for South Brevard presence; those are County Court statistics; and Court Administrator Mark Van Bever could probably give the Board an accurate count.  He stated there are two Circuit Court judges in Titusville, Judge Moxley and Judge Holcomb.  Chairman Scarborough stated Mr. Beam basically told the Board there are two judges in Titusville and the rest are at Viera.

 

Commissioner Nelson inquired where is the furthest south that the Committee thinks is the best for the Courthouse to be placed.  Mr. Beam responded there is a lot of interest in the South Melbourne and North Palm Bay area because of the width of U.S. 1; but he does not feel comfortable representing what the stakeholders said on that.

 

Mark Fontaine stated as a citizen of South Brevard County he wants to re-emphasize what Mr. Beam said about the need for a Courthouse facility down in the south part of Brevard County; by looking at the report of potential properties for the Courthouse he wants the Board to know if it came down to a scenario where the County did purchase land for the new Courthouse, the opportunities will be great for the next year as the purchase prices may have softened by then; and people are struggling in the real estate market.  He stated opportunities to secure land over the course of the near future will probably be even better than what is listed.  He stated he supports having facilities down south like those in Titusville.  He advised he appreciated Commissioner Colon’s rally cry about the upcoming election; and as an American he feels like this election is as critical as any he has seen in his lifetime.

 

Charles Favors, President of the South Brevard County Branch of the NAACP, stated he is present to speak as the NAACP has an interest in the issue.  He stated they are getting a lot of calls about bench warrants; people are getting bench warrants because they do not have the means to get to the Courthouse because the price of gas is a budget item for them now; and they just do not have the means to get there.  He stated there have been people who were locked up because he or she did not have the money to get to the Courthouse in time for the hearing.  He noted that is one of the things they are interested in; two nights before Christmas Eve he got a call where the police were arresting a 76 year old lady on a bench warrant because she could not get to the Courthouse; it is not easy to get people to bring a person to the Courthouse because it is a full day; so it would be primarily one of the best things to happen to the citizens in the community to get the Courthouse closer.  He stated he would like to see the new courthouse on University Avenue because improvements are needed in that

 

 

 

 

Neighborhood; it would be a big boost as far as the economy is concerned and would bring businesses into that area; there are a couple of lots there but he does not know how large those are; and he would like for the Board to look at and consider them.

 

Chairman Scarborough inquired if those bench warrants are issued out of the Circuit or County Court; with Mr. Favors responding probably Circuit.  Mr. Van Bever inquired what type of offense were they; with Mr. Favors responding he thinks it was something with a police officer.  Mr. Beam stated because of the way Viera cases are assigned, there can be a South Brevard County resident have a County Court case.  Chairman Scarborough advised it is because the County Courts are overcrowded.  He stated when the Board met previously the concept of having multiple County Court locations was discussed in detail; the idea of the County Court being in close proximity is for the very reasons Mr. Favors is addressing and that is people need to be able to get to the Court; he cannot believe a senior citizen is in Circuit Court; and it is probably a traffic infraction or something.  He stated as the Board gets into the South Brevard County issue it may be looking at a complex that over the decades would grow into an imitation of what is at Viera; at the same time it is a huge area that there may be a County Court operation independent of that in close proximity of those persons who need to get to it; and this is the time to discuss it and not after the Board finds that it has created the same problem at the south end of the County. 

 

Mr. Beam stated there are other models in the State of Florida; he does not know many other counties that are 72 miles long and have Brevard County’s distinct features; but other counties have similar Courthouse situations where they will put a satellite Courthouse that is full-service for the people.  He advised Indian River County has Circuit Court judges sprinkled all over the place.  He stated he does criminal defense work; and since the Viera Courthouse has gone up there has been a rise in bench warrants because people cannot get out to Court.

 

Mr. Favors stated he wants the Board to consider University Avenue if the ground is there to accommodate the Courthouse; the development of the Courthouse there would enhance the community; and it is something the community really needs.

 

Commissioner Colon stated this weekend there are a lot of events for Dr. Martin Luther King; she wants to invite Mr. Favors and his wife and all of the community; the Cricket Club Pavilion has been built at the Palm Bay Regional Park; it is huge for the Caribbean community; and she is glad Mr. Favors is present so he can spread the word.  She advised the event is at Palm Bay Regional Park at 2:00 p.m.

 

Commissioner Colon stated in most cities the Courthouse is downtown; the accessibility to the Courthouse is so much easier in regards to transportation; and this is something the Board will be considering.

 

 

 

 

 

 

 

 

 

Commissioner Voltz stated she and Mr. Favors had an opportunity to drive around the South Melbourne area to look for potential sites so she needs to know the amount of acreage needed; there is one site specifically on University Avenue and U.S. 1, the south side of the road, the southwest side; there are a couple of other parcels west of that with run-down businesses that maybe could be torn down; and even west of that there are a number of places where there is a lot of drug activity going on.  She advised many of those properties are not for sale right now, but redevelopment of the area would be essential.  She stated down the road a Courthouse is going to be needed way down south County near I-95 and St. Johns Heritage Parkway because of the amount of people moving down there; she thinks there will need to be two Courthouses; this particular Courthouse would be a smaller one; and the other one should be a larger one.  She suggested the County look at some of the parcels up and down University Boulevard because it is right off U.S. 1 access.  Chairman Scarborough stated the County closed the Rockledge Courthouse and there are people within the Cocoa community who felt they had the same problem with the bench warrants that the Melbourne community feels it has; even though the Viera Courthouse is theoretically in Central Brevard, if a person does not have transportation, he or she is not any closer if living in downtown Cocoa, to the Viera facility; and there is also the Merritt Island area.  He stated it could drive other conversations from similar groups as Mr. Favors throughout the County.  He advised the North Brevard Courthouse is centrally located where it can serve that community and the entire community very well; he may have the least of all problems as a Commissioner because of the Historical Courthouse there; but there are other issues that could be spawned by the discussion as the Board begins to examine. 

 

Commissioner Colon stated at the Melbourne Courthouse the train goes by and they have to stop the Court while the train is passing; and the Board will have to be careful that the area is not too close to the train tracks to not cause the same type of problems experienced at the Melbourne Courthouse.  Chairman Scarborough stated the railroad goes right by the Historical Courthouse in Titusville; his County Commission office is less than 100 feet from the tracks; and the building shakes.  Mr. Favors advised most of the property he looked at was west of the railroad tracks. 

 

 

Chairman Scarborough stated County Manager Peggy Busacca has gotten in touch with Dale Ketcham; he will be available in one-half hour so the Board can talk with him; but it would be his desire that the Board prepare some type of statement for all of
the Commissioners to sign to send to each of the presidential candidates on behalf of the County delineating those issues the Board thinks he or she needs to address concerning Space.  Chairman Scarborough stated it needs to begin with viability of this country to remain predominant in science and technology; the Board needs to move expeditiously as a group; so at the end of the meeting the Board will come back to the issue. 

 

 

 

 

 

Commissioner Colon stated that letter has already been sent out, but it has not been
sent out by a government body.  Commissioner Nelson advised Economic Development Commission (EDC) has already prepared a letter for action on Tuesday when EDC Director Lynda Weatherman comes before the Board.  Chairman Scarborough stated the Board can have the conversation today.     

 

 

 

Chairman Scarborough inquired if the presentation had been made to the judges and have they gotten a chance to see what the Board is considering; with Court Administrator Mark Van Bever responding the judges reviewed it at the Stakeholders’ meeting last week.  Chairman Scarborough inquired if the judges have taken positions yet; with Mr. Van Bever responding on the report, in the far right hand column, there are Stakeholder Group comments on each of the proposals A-N.  Assistant County Manager Stockton Whitten advised Site O was recently added so there are no comments.  Mr. Van Bever stated Site O is an option that received very favorable comments for further consideration; and it is the one that is at the corner of Port Malabar Boulevard and U.S. 1, which used to be a shopping center.

 

Commissioner Nelson stated he did a kind of tough love speech at the Stakeholders’ meeting, which is what the Board is facing in terms of budget considerations; the County is looking at sites that are in some cases in the millions of dollars range; and inquired at this point in time does the County have that money to allocate to a site if the Board loved it.  He stated his concern is to spend a lot of time and fall in love with a site for which the County has no money or any way to encumber; and inquired what the Board will do.  He stated if the real estate market does pick up or someone comes in and sees that site and wants it for some other purpose, then it falls off the list.  He inquired if the Board is having this level of discussion about picking sites, particularly ones that cost the County money, is it prepared as a Board to fund them.  He stated if the Board is prepared to fund a site, it can move forward and actually begin talking about moving forward; but otherwise it is stuck with what it owns or with what it may be able to exchange or make a deal for.  Commissioner Voltz stated as of January 29, 2008 the Board has no clue what will happen; and for the Board to make a decision on any of it is irrelevant.  Commissioner Nelson stated it will be difficult if the amendment fails on January 29, 2008 because there is still the issue of what will happen to Brevard County’s tax base.  Chairman Scarborough stated the market is weak and the County could enter into
extended option agreements over a number of years to tie up property and just having enough money to cover the taxes.  Commissioner Nelson stated he agrees with Chairman Scarborough that the Board needs to find a site; and there are major portions of Cocoa, Merritt Island, and Cocoa Beach that have similar distances to travel for the same purposes.  Commissioner Voltz stated it would not be similar distances; by looking at University and US 1 and put the Courthouse way down south, there is no comparison.  Commissioner Nelson advised he would discount a very southern site.  Commissioner Voltz stated it will be needed sooner or later.  Commissioner Nelson stated the County

 

 

 

 

 

 

will end up with the same distances for people who already live here; the people who live in Cocoa Beach and Merritt Island will have to drive the same level of distances and have been for years, but the County is going to put a Courthouse there so people there do not have to; and that is a question of fairness.  Commissioner Voltz advised the need in the community is something the Board needs to look at too; and inquired if the people in Merritt Island need a Courthouse more than the people in South Melbourne.  Chairman Scarborough stated South Brevard County is a huge vast area; wherever the Courthouse is placed in South Brevard County there is someone who will have to drive a long distance; and there is no place to put a Courthouse conveniently for everyone.  He inquired where the Board goes next after Viera is built in a long-range planning mode; basic questions need to be asked; and inquired if there is a different methodology of putting County Courts and Circuit Courts. 

 

Commissioner Bolin stated she was looking at what the County currently owns because that way no money will have to be put out; and inquired if the County purchased something how long can it be stretched out as there is no money to build it now.  She advised she considered U.S. 192 south or Malabar Road south; she is trying to look at where the Board would put the Courthouse ten years from now; and it needs to be full-service.

 

Chairman Scarborough stated stakeholders are diverse, but what drove Viera was a conversation from the judges of the capacity to have a certain number together so the system could keep running efficiently; if someone is having all of their cases settled, he or she could pick up cases from someone else; and people should not be shipped people up and down the County.  He stated he is looking for the efficiency of the system.  He inquired what is the Board missing in its discussion; with Mr. Van Bever responding the Board has outlined most or all of the key variables.  Mr. Van Bever stated it now comes down to a matter of preference; and inquired is it less expensive to use County owned property and which one is the best.  He inquired does the Board think it will have the money and pick the best overall; does it want maximum efficiency for the judiciary or does it want maximum convenience for the public; and does it want to minimize Sheriff’s transportation of inmates or does it want to have Criminal Court in as many areas of the County for convenience as possible.  He stated it comes down to the matter of taking the variables, realizing there is no perfect solution to the problem, and coming up with a choice and a decision.  He stated although the judiciary has expressed an opinion, the Board will find that the judges want to work with it as a team; the judges are interested in the community; the judges do not want to just dictate the process and do not think it is their prerogative to do so; and he thinks the Board will find the judges very cooperative.  Mr. Van Bever noted the judges main desire is that when new judges come on board that there is an adequate place to hold Court. 

 

Chairman Scarborough stated Mr. Van Bever delineated the situation; it would be good if he could give the Board that list of questions; with each one the Board may want to take each of the sites of rank them within each of the categories; and he would like to do that.  Commissioner Voltz inquired if the Board can go through each of those sites;

 

 

 

with Chairman Scarborough responding sure.  Commissioner Voltz stated it would be nice to eliminate something to give staff a better idea of what it is that the Board is looking for; not necessarily that the Board would eliminate the site because of the site but because of the location and proximity of the site; and staff will know if another site is looked at it is not the site but the proximity for access.  Chairman Scarborough inquired what the Board thinks about having the different variables from transportation, convenience to the public, convenience to the Court, and being able to somehow have the Stakeholder Committee rank each of the sites after the Board eliminates and come back to the Board.  Commissioner Voltz responded her main concerns are the citizens; that is who the Board represents; those are the people who need to get to the Courts; and it should be looked at from that perspective.  Chairman Scarborough stated the Board may look at that as a number one within the context of its discussion.  Commissioner Voltz advised she is looking at Rodes Park; there are three schools and a church there; the park is going to be behind that site; and that site should be totally out. 

 

Commissioner Nelson stated there is a park close to the Viera Courthouse.  Commissioner Voltz inquired if Commissioner Nelson has been there at school time; stated there is a 5,000-seat church auditorium; and it is a T-intersection.  Commissioner Nelson stated there would have to be some improvements; the difference is the schools and churches are all different times; the park uses are afternoon and evenings; and that is off the typical times that the Court is running.  He stated those issues can be managed; and he would not want to see that site discounted just because of proximity.  He noted he thought Commissioner Voltz was worried more about safety issues.  Commissioner Voltz stated eventually the traffic is going to be a nightmare; she lives a few seconds away from the intersection; and she sees it on a daily basis.  She stated now it is not too bad unless driving through during school or church times; but eventually it will be pretty bad down there.  Commissioner Nelson stated he does not think the Board should discount it because the County owns it.  Chairman Scarborough inquired if the Board would prefer not to do any elimination at this time; with Commissioner Nelson responding he prefers not to eliminate this one, but there may be others that he may feel like it is fine to eliminate.

 

Commissioner Bolin stated with Site B there may not be enough acreage.  Commissioner Voltz advised at this point the Board does not know what it actually needs; and that needs to be determined.  Commissioner Voltz stated the growth is going to be in the south area; she is looking for the growth in the future; it will be happening way down there; and 12 acres will not be big enough.  Commissioner Bolin advised her concern about Site C is the problem with the water and septic.  County Manager Peggy Busacca stated it would take a Charter amendment for the Town to change this and it would also impact Site D as well.  Ms. Busacca stated the Town Manager has asked, if the Board is interested in this, that the Town have the opportunity to have input because there was some concern that this would fundamentally change the rural character of that area. 

 

 

 

 

 

 

 

 

Commissioner Bolin stated her personal feeling on Site E is that it is too far north.  Commissioner Voltz advised it is only two exits south of the Melbourne Courthouse.  Commissioner Bolin inquired if the Board can eliminate one. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to eliminate Item E from consideration as an option for site locations for the South County Courthouse.  Motion carried and ordered unanimously.

 

 

Commissioner Bolin stated it says that there is traffic congestion there.  Mr. Van Bever advised that is one of the most accident-laden intersections in Brevard County because of the traffic condition.  Ms. Busacca stated there is a large wetland on the south side of the site, which may make it not nearly as much usable land.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to remove Item G from consideration as an option for site locations for the South County Courthouse.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated Site H should be kept.  Commissioner Bolin inquired if the site is too far north; with Commissioner Voltz responding it is just a little south of University Boulevard.  Commissioner Voltz inquired if this site has a building already on the property; with Ms. Camarata responding it is vacant.  Commissioner Bolin stated it is only 20 acres of property; and inquired if all 20 acres would be buildable.  Commissioner Voltz responded it looks like there are wetlands on the property.  Ms. Busacca advised according to the aerial map there appear to be wetlands.  Commissioner Bolin stated size could be a question if the Board considers a full-service Courthouse.  Commissioner Nelson stated there are not 20 usable acres.  Ms. Camarata stated she has a map from the real estate website that indicates that wetland is about two acres.  Commissioner Nelson stated Site H should be kept in the running, but he thinks it may have problems.

 

Commissioner Bolin stated the Stakeholders’ Committee suggested that Site I is too far west; and there only 20 acres.  Commissioner Voltz stated the Board does not have what it really needs; and inquired where City Hall is in relation to the site.  Ms. Busacca advised there is a dot on the map that says City Hall.  Commissioner Bolin inquired why is it considered too far west; with Mr. Van Bever responding because it requires two and one-half miles of travel on Malabar Road, west of I-95.  Chairman Scarborough stated the Board had certain meetings at Palm Bay City Hall; he does not know if former Commissioner Nancy Higgs was traveling from her office or from her home to the meetings; but he could get to Palm Bay City Hall faster from Titusville than Ms. Higgs could from South Brevard County.  He stated the idea that something that is in an area is really a mistake as it is the capacity to travel that is important; people do not talk about commuter miles; but people talk about commuting 20 minutes or an hour.  He noted the Board needs to look at the capacity to serve a lot of people in a large area; traffic does not necessarily move as rapidly as a person would like it to; and the capacity for people

 

 

 

 

to move in South Brevard County has got to be a key consideration.  He stated he is concerned about talking about distances and maps as opposed to travel time; and travel time will change over a period of time.  Commissioner Colon stated the traffic at the corner of Malabar Road and Minton Road is horrible; in Palm Bay there are only four intersections, Palm Bay Road and Emerson Drive, Palm Bay Road and Babcock Street, Malabar Road and Babcock Street, and Malabar Road and Minton Road; and the traffic in the mornings at those intersections is horrible.  She stated when this Courthouse was discussed eight years ago the Board wanted to stay as close as possible to I-95; the Board needs to focus on where the dollars will come from; and it needs to take into consideration that the market is so slow and it should take advantage of that.

    

Chairman Scarborough stated in the past, because of judge assignments, one group of participants was traveling from North Brevard to South Brevard and the other way around; and inquired if that is still occurring and to what to extent; with Mr. Van Bever responding it is minimal but possible.  Mr. Van Bever advised if a person lives in Titusville and is arrested in Melbourne he or she will have Court in Melbourne.  Chairman Scarborough stated he is saying when both of the litigants and the witnesses are all from Titusville.  Mr. Van Bever stated it is the kind of thing that may cause a few vocal people to raise concern because it does not seem proper.  Chairman Scarborough stated it was the manner in which judges were drawn, and judges were drawn independent of where a person lives.  Mr. Van Bever stated as much as possible that geography is included in the case assignments, but sometimes it cannot be; for example, there is no Circuit judge in Melbourne.   

 

Facilities Director Steve Quickel requested the Board direct its attention back to Site H; stated the target should be on the east side of the pond; the pond is actually the westernmost border of the property; so if the target is moved over to the right side of the pond, that is the parcel the Board should be looking at.  Commissioner Nelson stated that is 20 acres and it should give the Board a better idea of the scale.  Mr. Quickel advised two acres, plus or minus, that are the wetlands are right there.  Mr. Van Bever stated the site is also fairly close to University Boulevard.  Commissioner Voltz noted she and Mr. Favors were actually looking at a parcel where the road curves way up in the corner, but did not know how big it was; and there are some old homes and things like that that could be potentially taken out.  Ms. Busacca stated there were some comments at the Stakeholders’ meeting that generally in the south end of the County U.S. 1 is the less traveled corridor, and that would be a good opportunity. 

 

Chairman Scarborough stated certain people have the capacity to travel better than others; some of the people are more economically disadvantaged with more transportation problems; the Board cannot take that out of the formula; and what it is looking at could get into issues with bus routes.  He stated he has heard horror stories from people moving from South Brevard, transferring buses to get to Viera, and missing them; and those people did everything he or she could except come the day before and sleep on the lawn. 

 

 

 

 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to remove unimproved property, Item I, from consideration as an option for site locations for the South County Courthouse.  Motion carried and ordered unanimously.

 

 

Commissioner Bolin stated the next item is J; the Stakeholders felt it was worthy of consideration because the location is acceptable; but there is a high price tag on the property.  Commissioner Colon advised the acreage is not available; and inquired how many acres are in the property.  Ms. Camarata responded 21 acres.  Commissioner Bolin inquired if 21 acres is enough to build on.  Mr. Van Bever stated looking at the acreage in Viera and the number of judges, it ends up being 1.6 acres per judge; it just depends on how many judges the Board wants to put in a facility; and an 11-acre site could potentially hold 7 judges.  Commissioner Bolin stated she thought there were 25 acres at Viera being used.  Assistant County Manager Stockton Whitten advised Mr. Van Bever just divided the acres by the number of judges and gave the Board a per-judge acreage.  Mr. Quickel stated staff referenced earlier that the Melbourne Courthouse was about two and one-half acres, and has two judges and a hearing officer; Moore Justice Center is about 25 acres with 10 or 12 judges; so that was just to put in perspective 5, 10, or 20 acres.  He stated 20 acres is worthy of consideration and the preliminary assessment the Board is going through, unless the Board wants to build something bigger, or as big as the Moore Justice Center.  Chairman Scarborough stated the problem is that yes, the Board can think of ten judges, but should the Board have to go out and reinvent every 20 years; if it proceeds with what it proposed, the site would
basically be consumed; it is beginning to play with the government service area as opposed to the judicial area; and inquired if it is prudent for the Board to say this is where it goes or is it better having a larger site.  Chairman Scarborough noted 20 years is a very short time in the life of a County.  Mr. Quickel stated he agrees with Chairman Scarborough; it is part of what Mr. Van Bever was identifying; the Board needs to look at a much bigger picture than just the immediate frontier of two or three additional judges; and maybe the Board could look at two sites, a small Courtroom and then another one down the line.  He stated these are all things that need to be weighted out to see how the Board is going to proceed with handling the growth of the County; there is no crystal ball out there now that the Board can look at to answer those questions; and it will require some forecasting and commitments.  Mr. Van Bever stated if the County builds a very large facility this time it is good for the efficiency of the judiciary because there are a lot of colleagues there to share the work, but it leaves South Brevard County a long way away from that facility; and inquired if the Board wants the efficiency or to plan for a smaller facility knowing that next time it will not expand but will go further south because that is where the growth is.  Chairman Scarborough stated there will be a moment in time that if the Board begins to stack multiple Courthouses in the south, something will happen in District 2.  He inquired at what moment is there a large enough number of judges that hits efficiency; and further inquired at what level efficiency drops off with the number of judges; with Mr. Van Bever responding he does not think there are the statistics to come up with a definitive answer but if there are four Circuit judges, there is a good chance that one can help another; and the more judges added from there, the

 

 

 

greater the chance there will be someone who can free up some calendar time to help another judge.  Chairman Scarborough advised efficiency begins at four judges; and inquired when it begins to diminish; with Mr. Van Bever responding there is very good efficiency at ten judges.  Chairman Scarborough stated the Board can look at less than 20 acres.  He stated it is easier for the Circuit Court judges to be reassigned within the same complex, but a County Court judge has things to do. 

 

Chairman Scarborough stated there was some discussion at the Stakeholders meeting about Seminole County, which is a nice square County; if the Board considers the south part of the County the same way, from U. S. 192 south, there is a nice square box; and inquired if the County should put the larger facility with room for expansion versus the multiples.  He stated he does not know if the County can honestly afford multiple Courthouses.  He advised if the Board looks at the south as a box and finds a larger site that can be expanded over time, it would avoid the question of multiple mini Courthouses throughout the County.  Mr. Van Bever advised his preference is for sizable facilities in a few key locations, but some people prefer putting as many Courts as possible as close to as many people as possible.

 

Chairman Scarborough inquired if the Board is going to be able to take and of the key questions at hand, and discuss the proximity, transportation problems, prisoner transportation, and cost efficiency of operations, and get comments separately from the
State Attorney’s Office, Sherriff’s Office, etc.  Chairman Scarborough stated he appreciates the comments but he does not think there is enough analysis for him to sink his teeth into at the moment; but the Board does need to have the conversation.  Mr. Van Bever stated the Stakeholders’ Group could take the sites that are going to remain after today and some key variables, and give the Board ratings from one to five or one to ten.  Chairman Scarborough stated he believes that would be great.  He inquired if there are any other comments and is it a good place to leave it; with the Board responding yes.  Chairman Scarborough stated he appreciates the Stakeholders’ Group and others who spent the time at the meeting today.  Mr. Van Bever inquired if the Board wants to discuss other sites; with Chairman Scarborough responding the Board did not say no to other sites.  Commissioner Nelson inquired if staff looked at many 40-acre sites based on availability or was it more targeting around 20 or 25 acres; with Mr. Whitten responding staff was not targeting a specific acreage.  Mr. Whitten stated staff looked at what it was available in big enough chunks.  Commissioner Nelson inquired if staff saw a 40-acre site that was available, did it just say that is more than is needed; with Mr. Whitten responded it was only discounted if it was five acres or single digits. 

 

Commissioner Voltz distributed to the Board some aerials of possible sites. 

 

Commissioner Colon stated she wants to make it clear that it is not just the African American communities that come to Court; she does not want to give that impression; and the only reason it is being discussed is because of accessibility and having bus routes.            

 

  

DISCUSSION, RE:  SPACE PROGRAM (CONTINUED)

 

Chairman Scarborough requested Economic Development Commission (EDC) Director Lynda Weatherman come up to the table; and advised that County Manager Peggy Busacca was going to get Dale Ketcham on the telephone.  He stated what concerns the Board is that January 29, 2008 may come and go and the Board may not do what it could have done to activate a dialogue.  He stated Commissioner Colon brought up in her reports a challenge to the Board to come up with a communication to presidential candidates regarding the Space Industry.  Chairman Scarborough advised Mr. Ketcham that Commissioner Colon brought up under her report about after January 29, 2008 the Board would lose a moment of opportunity to challenge the presidential candidates to discuss Space; and the Board wants to get any thoughts he may have.   

 

EDC Director Lynda Weatherman stated Mr. Ketcham is very familiar with what the EDC is doing because he is part of the team that is doing it.  She stated one of the issues brought up at the workshop last Spring was while Brevard County is intimately aware of Space because of the gap, it also understands the spirit and the role that the Space Industry plays on the national scene, and that over the years it gets lost, especially in the world of competing interest wars and gas prices.  She stated the EDC, as part of its
overall strategic plan, wants to promote Space at a national level; since the beginning of December it has put a plan in action; starting the first week of January it outreached to all of the presidential candidates; and it wants to offer a workshop where it can bring together the key industry leaders to discuss with the presidential candidates the importance of Space; and not just the gap, but also showing that it is a national asset.  Ms. Weatherman advised the Chinese are rapidly advancing the role of Space; they may be at the Moon by 2015; and the Chinese are aggressively pursuing manned Space flight.  She stated national Space is an asset and has a key role in the national security.  She stated the opportunity begins with this election; this is the time when people want to listen; candidates want to make policy statements; and it is a unique opportunity for the County.  She stated the EDC has outreached to all of the presidential candidates; the first one is coming tomorrow; every Commissioner has been invited; there was a conference call this morning with all of the key stakeholders, including the United Launch Alliance, Boeing, Lockheed-Martin, Dale Ketcham who is participating through SERDI, Wylie Labs, SpaceX, and ZeroG; and there are commercial operations, launch operators, and people who have tied into a future of both manned and unmanned activities.  She noted the EDC developed the White Paper for the presidential candidates to give them a background; and it includes the importance of the United States Space Program, something about the gap and the importance to Brevard County as a local region, the importance of the local region in regards to the population and the progress it has regarding the voting block, and the challenge it has in the Space Industry.  She stated Brevard County was the first one to go into Space and in the next few years it will not have manned access to Space; and as presidential candidates what he or she feels is the ramification to the national Space policy but more importantly as a national asset in national security.  She distributed a copy of the White Paper to the Board.  She advised the EDC is doing the work on the Board’s behalf; and if it would like to send a follow up letter by signing the Board’s name on there, she has a copy of the letter and the Board can certainly use it. 

 

 

 

 

 

 

Chairman Scarborough stated Commissioner Colon challenged the Commissioners to become personally involved; it was his concern that the Board wants to say it correctly and rapidly; and perhaps each Commission can sign a letter.  He inquired how to break the candidates’ shell to see that a county commission has unanimously sent them a letter.  He stated the letter could be signed at next Tuesday’s meeting, but that would only give the candidates a week to respond; and the Board can always do it today.

 

Ms. Weatherman stated some of the presidential candidates have immediate concerns; while January 29, 2008 is important it is a long-term situation; and now is the honeymoon.  Chairman Scarborough advised a letter from a commission in Florida may have a little more significance before January 29^th.  He stated the Board needs to get this letter out; it does not need to be concerned so much about the detail; it is concerned not just with the viability of a Space program for a County but it understands the significance it has for the leadership role the United States plays in technology; and Brevard County will lose not only its ability to be a force in just Space, but with the whole concept of technology and science.      

 

Ms. Weatherman advised now is the time to do this when the presidential candidates are willing to listen and are developing policies; some candidates have a more developed policy than others; if he or she does not it is a chance for the Board to help to do that; and the EDC mission is to make sure that the candidates understand that the launch pad is being developed in Dubai, that the Chinese have these ambitions, and that it has a tremendous impact on national security.  Chairman Scarborough stated he does not want to say too much; the longer the letter is the less likely the candidates will pay attention; he would like to see something from the heart; but what the EDC is doing with the White Paper is essential.  He advised the letter should ask where the candidate is taking the country if he or she becomes President; and five sentences should be enough.  Ms. Weatherman stated she would be glad to work with Ms. Busacca on the letter.

 

Dale Ketcham stated he agrees with everything; Ms. Weatherman is doing a great job putting it all together and providing the roundtable opportunity; the fact is the first one is tomorrow and the press availability that will no doubt engender a story following that will most likely get the attention of the other candidates; and that is how this game is played.  He suggested when the Board has the meeting next week and signs the letter the actual text of the letter is probably not as important as the ability to engender hopefully a press story about its efforts to again draw attention; getting it into the media will further draw the attention of the campaigns; in large measure the next two weeks are pretty much going to be a frenzy; and anything that can be done to raise the profile is what needs to be done.  He advised it is going to be hectic for all of the campaigns and all of the candidates that it is not really going to lend itself to a well thought out disciplined strategic approach, and is going to be more ad hoc; and the efforts on the part of the Board to draw additional attention to this, following on with the roundtable that the EDC is having this week and then more to come, will help to build a crescendo to raise the profile as the candidates come before the 29^th.  He stated his point would be he is going to be up in Washington, D. C. next week and he is going to meet with some of the

 

 

 

campaigns to try to personally drive home to the people in Washington, D. C. this issue; there are two bites of this apple; and the first bite, albeit important, is not the essential one.  He stated Senator Martinez commented in Melbourne earlier this week that when he took over HUD and he sat down at his desk on that first day, he did not really have an agenda from the White House because HUD was not something about which President Bush had made any campaign promises; and that drove home to him to lay the groundwork for a strong and proper narrative on Space in October when the general election is upon everyone.  He stated that would provide the more meaningful opportunity; he does not mean to denigrate the primary process because it will be a critical step in helping to establish the narrative in the Fall; but the Board needs to be focused on trying to make sure that the two candidates who are actually on the ballot and competing in November are aware of the Space issue.  He stated it will take a lot of messaging on the County’s part to be flexible; but it is doing what needs to be done right now.  He stated the County has not been as aggressive in exploding the assets it has being in Florida and being in the I-4 corridor; everyone is learning and getting better at it; the EDC is doing a very good job; Space Florida is beginning to come up to speed in being able to integrate what Tallahassee has to offer as an opportunity with what Washington, D. C. can bring to the table; and Senator Tom Feeney is correct in saying it does not need to be addressed nationally as a jobs program because the members from Oregon or Wisconsin do not care about jobs in Florida any more than Senator Feeney cares about jobs in Oregon or Wisconsin; but it does need to be talked about as a national program that is meritorious for the whole nation for the education for youth, national security being the particularly strong hot button.  He stated the fact is the County is still in the I-4 corridor in the largest swing state in the union; and that is absolutely essential and they will respond to that.

 

Chairman Scarborough stated in a practical sense one of the things is to be able to get any communication from the Board to the key players; if Major Giuliani is going to be in the County tomorrow it can be presented to him directly; and it can be ready, the Board can sign it, and it can be handed to him directly.  He stated if Mr. Ketcham is in Washington D. C. next week perhaps the Board can call on him to make sure it gets to those persons; it can be faxed out; but whether it moves beyond a stack of mail the candidates are receiving is going to take some personal attention by some key people.  He inquired who is in charge of the various campaigns in Florida and how does the Board get that person directly involved; and further inquired where the Board would make those contacts.  He stated he would volunteer to make telephone calls to those persons to request to receive the fax and communicate it to the candidate.  He advised the Board has a window of opportunity; inviting people to a political forum is an opportunity; having a political forum is an opportunity; and the more communication the better. 

 

Ms. Weatherman stated the EDC is working with a lot of different avenues; each campaign has a different complexion; EDC is working with a lot of people locally; and some are State representatives who have access to those contacts.  Chairman Scarborough advised if the Board knows the right contacts some will be easier and some will be blind calls perhaps.  Ms. Weatherman stated Wexler and Walker will be critical in this. 

 

 

 

 

Commissioner Colon stated the State of Florida has two wonderful Senators that she particularly loves; both Senator Nelson and Senator Martinez are huge champions of Brevard County; both Senators have access to the top leadership of both parties; it is not that difficult; and a person just needs to know the right folks to speak to.  She advised Senator Nelson and Senator Martinez will not do it for the Board, it will have to do it; that is something Ms. Weatherman and she have discussed; there is a window of opportunity until January 29^th; and after that time it will be crucial from then until November.  She stated the Board needs to be flexible. 

 

Ms. Weatherman advised the EDC is having discussions with each campaign; some are far more developed than others; some have actually given dates; there have been some candidates who declined and then called back within 24 hours and changed his or her mind; and a lot of it will have to do with how much press it gets out of the one tomorrow.  Ms. Weatherman advised success breeds success.  She stated EDC is having dialogue with each one of the campaigns.   

 

Chairman Scarborough stated the first letter will go to Mayor Giuliani; and since Commissioner Colon is closer to him he would like her to be the Board’s representative.  Commissioner Colon stated it is not just the Board; it is not endorsing anyone; and the Brevard County Legislative Delegation needs to sign a similar letter and send it to the candidates. 

 

Commissioner Bolin stated she feels like she needs to wear a sticker on her chest that says “Save Space” so people know she is not there with a Rudy sign; she will be there with a Brevard Space sign; and when the Commissioners attend the rallies it is not endorsing the candidate but it is endorsing Brevard County’s situation.  Ms. Weatherman advised the EDC is very sensitive to that; it has a large Board of Directors; it is very keen on that; it is a non-partisan situation; it is a roundtable discussion; and that is why it is a roundtable for educational purposes to inform the candidates of the importance of Space and to help educate them in building national policies. 

 

County Manager Peggy Busacca stated the Board has talked about Wexler and Walker, but John Thrasher has been assisting in this as well.  Chairman Scarborough inquired which campaign Mr. Thrasher is close to; with Ms. Weatherman responding he has helped the EDC with one particular campaign but she is not sure if he is close to that one.  Ms. Busacca stated he has contacted more than one campaign.  Chairman Scarborough inquired if there is a list of Chairmen of each of the State campaigns for each of the candidates; and stated it would be good to copy each of the Chairmen with the letter on both parties so he or she would have an opportunity to get it at that level; and by writing the Chairman he or she is probably opening the mail where the candidate is not.

 

Mr. Ketcham stated when that resolution is official, if the Board can get it to him, he can forward it on to the Space Policy Campaign people that he works with in Washington, D.C. for those campaigns that have Space Policy campaign people because he thinks there needs to be a shotgun approach to getting this to as many people as possible

 

 

 

 

within the organizations, both within the State and at the national offices in Washington, D. C.; what he is hearing from a lot people in Washington, D. C. who have followed it for a long time is that Space Policy development is occurring in this campaign at a much earlier level than it has since Apollo; Brevard County has a real opportunity to exploit; but the more people the County can get this to and raise the profile of the issue, both on its merits as a national level, and just the crude politics of the I-4 corridor in Florida, the better.  He stated he would be happy to spread the gospel as best he can where he goes.

 

Chairman Scarborough suggested taking a 15-minute break; stated Ms. Busacca and Ms. Weatherman can take a crack at the letter; and maybe the Board will have something it can agree on.  He stated what he is hearing is that for each of the candidates the Board will individually sign multiple letters.  Commissioner Voltz advised she has another appointment to go to.  Chairman Scarborough stated perhaps the rest of the Board can take care of it and someone can run those letters to Commissioner Voltz’s office to sign; that way it will be done today; it gives the Board a whole day for Mr. Ketcham and Ms. Weatherman to work on the other people; and otherwise it will be dropped into the weekend when the Board signs it.  Ms. Busacca stated since Mr. Giuliani is already in the County and that the letter to him could be just a little bit different than the invitation that would be extended to the other candidates.  Chairman Scarborough stated the Board can perhaps thank Mayor Giuliani for coming in addition to the other information; and suggested calling Mr. Ketcham back after the break if necessary.

 

The meeting recessed at 11:34 a.m. and reconvened at 12:10 p.m.

 

 

Chairman Scarborough stated both of the letters refer to the EDC’s forums of discussion; the Board’s letter should sort of be plea on behalf of a half-million people who are from a County with the second highest percentage of engineers in the country; if letters begin to read the same, he tends to ignore them; the more different directions the Board takes the better; but the Board does support EDC’s letter 100%.  He stated the letter should state that the Board is aware of the complexities of the evolving world where engineers will now become more predominant in Asia than in the United States and with this the capacity to develop new intellectual properties and advanced civilization; it should ask what is the candidates belief in the need for the United States to maintain its predominance in science and technology; and within that regards what role does the candidate see Space as a critical issue.  He stated if he receives 200 form letters he considers it one letter; if he gets one person who reiterates the same thing, it is one thing; but if he has two people coming from two different perspectives, it can represent several hundred letters because it is so completely different it makes him think about the issue separately.  He advised he is challenging the candidates with whether or not he or she cares about the country of having a viable role in the future in science and technology.  He noted there are more engineers in Bangalore, India than there are in Silicon Valley; Legislative Coordinator Leigh Holt brought some information to the Board that in the future 80% of the engineers will live in Asia; and it is not like there are quality

 

 

 

 

institutions.  He stated there is an engineering school in India that is considered predominant in the capacity to produce engineers; and inquired if at the end of the day does the United States control its own destiny or is it shifted to Asia.

 

Commissioner Colon stated the letter does have to have a different tone; she does not know who worked on Letter B but is has “Dear Presidential Candidate, We believe that the United States is losing ground as a scientific and technological leader.”  She stated the first sentence is powerful; from there the Board needs to hit regarding the future; and it needs to make a connection regarding the global war on terrorism.  She stated the Board could hit very quickly on one, two, and three, and maybe try to combine it in one sentence; one is the global war on terrorism; and that can be last.  She stated going back to what Chairman Scarborough said regarding the future education of the next
generation with science; the global war on terrorism is key based on her walk with Senator Martinez at Northrup Grumman; he made it perfectly clear that if it was not for the satellites that are out in Space the United States would not able to see who the bad guys are and go after them; and inquired how does the Board do it.  She advised the White Paper will still be sent to the candidates; the letter from the Board should say it believes the United States is losing ground as a scientific and technological leader; and then also the global war on terrorism is key; then mention something about Russia, China, and the rest of the world; and get the candidates to begin to talk about those things.  She stated the Board will need to get into a campaign after the 29^th of getting the entire community to zoom in on that.           

 

Chairman Scarborough stated where he would go with Letter B, rather than strongly encouraging the participation he would just say the Board would like to know the candidates concerns about America’s loss as a leader in science and technology; the Board needs to ask a question; it would be wonderful to get a written response back from the candidate; Ms. Weatherman has done that by inviting the candidates to the forums; and if the candidates write the Board back it can say it would appreciate the candidate attending the EDC’s forum to articulate those issues further. 

 

Commissioner Bolin stated she likes the first paragraph in Letter B as a starting point.  Chairman Scarborough requested to tweak that paragraph; stated he would strike “there are many who believe that” and say “the United States is losing ground as a scientific and technological leader.”  Commissioner Nelson stated his point was going to be he concurs with Commissioner Colon that he thinks the Board needs to be point-blank about its reliance on Russia and the advancement in China; and that is what is at stake here.  Chairman Scarborough inquired if 80% of the engineers of the world will be in Asia; with Ms. Weatherman responding she does not have the exact number but she can find out.  Chairman Scarborough stated the Board can say it has been advised that 80% of the engineers globally will be located in Asia within a decade. 

 

Ms. Busacca stated the letter would clearly have to be rewritten.  Commissioner Colon stated the Board is almost done because it does not want to make it too wordy; what it is doing is picking sentences it agrees with; Letter A talks about China; and the letter can state China and Russia.  Commissioner Nelson stated the Board can say reliance on

 

 

 

 

Russia.  Commissioner Colon stated she strongly feels the letters should state how critical technology in Space has been in regards to the global war on terrorism; that is key because people cannot separate that; and the reason those companies have the equipment they have is technology and because of Space.  Ms. Weatherman inquired if fourth is where the candidate stands on this; with Commissioner Colon responding yes.  Ms. Busacca stated the sentence was “we would like to know your concerns about America’s loss as a leader in technology and science.”  Chairman Scarborough advised he wants the letters to say “we will no longer have a manned Space program and will become dependent on the resources of foreign powers.”  He stated it is a very scary world and this is important if civilization is to advance; that is what the Congressmen have been telling the citizens; and it is not being heard.  Commissioner Colon stated the Commissioners tell constituents that if he or she does not hear from them, the Commissioners do not know what the issues are. 

 

Chairman Scarborough requested Ms. Busacca and Ms. Weatherman to work on the letter; and stated there is another issue that needs to be discussed with County Attorney Scott Knox.

 

Chairman Scarborough stated there are possibly two options for the Board, one is that it has no participation at all or to have a designated person who appears on behalf of the Board.  He stated it would be advantageous to designate a single spokesman so the rest of the Board does not get involved in the Sunshine; and the rest of the Board will see it in the news.  He stated the danger is that it is a closed environment.  Commissioner Colon advised the media would be there and it is in the Sunshine.  County Attorney Scott Knox advised an open meeting means everybody gets to go; if the five Commissioners show up tomorrow at the meeting and in any way interact on something that may come before the Board in the future then there is a possibility he or she could be violating the Sunshine Law; the likelihood of that happening is not much; the fact that the five Commissioners are in the same room is going to raise a flag; and the media will be present.  He inquired if the Board really wants to do that when it is trying to get the message out about Space as opposed of creating an issue about a Sunshine Law.

 

Commissioner Colon inquired if one Commissioner would speak but all the others would be there; stated the Board can all attend and stay quiet; and the only thing she will do is read publicly the letter from the Board.  Mr. Knox advised that will not be a legal violation of the Sunshine Law in that scenario.  Commissioner Colon stated it is crucial for the Board to be there tomorrow; the only way to do that is for her to read the letter only and present it on behalf of the Board; and that is it.  Chairman Scarborough inquired if that would work; with Mr. Knox responding that is fine.  Chairman Scarborough advised the Board needs to agree to what Commissioner Colon says in the public meeting. 

 

Commissioner Nelson stated there may be a follow-up question and he would not want to see Commissioner Colon constrained and not be able to answer on behalf of the Board.  Commissioner Colon stated she is comfortable that any questions asked will be answered by the experts who are present at the roundtable.  Ms. Weatherman stated the EDC wanted the Commissioners to all have access to the roundtable discussion; but she
 

 

 

 

 

does not want to put the Board in a bad situation.  Commissioner Colon stated the Board is not doing anything wrong; and the only thing she is going to do is read the letter.  She noted it is important for the candidates to know that elected officials are present and making him or her accountable; every single one of the roundtables will be the same; and the Board will be reading the same letter to every candidate.

 

Commissioner Bolin stated she agrees with the benefit of showing strength by having the entire Board present; and if it is acceptable for Commissioner Colon to only read the letter, she is comfortable with that.  Mr. Knox advised that will work.

 

Commissioner Nelson advised he is on the uncomfortable side with this issue; he will have to give it some thought as to whether he will or will not attend; he would like for Commissioner Colon to be able to have a real back and forth discussion; and that was the original purpose.  Commissioner Colon stated the roundtable is about having a back and forth discussion with the candidates and that is why the experts are going to be present; and that is the reason she feels comfortable.  Commissioner Nelson stated Commissioner Colon is the expert on the citizens of Brevard County; she will not be able to represent what those thoughts and beliefs are if she can only read the letter; he would hate to see the Board lose an opportunity to make a point this important; and maybe Commissioner Colon could do a follow-up on the question about national security.  Chairman Scarborough stated there are advantages both ways; and if the Board listens to the full discussion, it will be better informed and better able to move forward later on.  He stated if there is something that needs to be followed up, the Board can discuss it at Tuesday’s meeting. 

 

Commissioner Colon stated the Commissioners are really supposed to be flies on the wall; the people the candidates want to hear from are the industries; and all the Commissioners will be are little flies.  Commissioner Bolin stated as long as she is not caught up in the fly paper she is okay with that.  Commissioner Colon advised she had the discussion regarding Space with Mayor Giuliani last week.  Commissioner Bolin stated once the candidates get down to two then the Board can take a different strategy. 

 

Chairman Scarborough stated he does not know a whole lot about campaigns.  Commissioner Bolin inquired if Chairman Scarborough is bragging.  Commissioner Nelson stated that is how he always got 70% of the vote all of the time.  Commissioner Colon advised that is without putting out signs.  Chairman Scarborough stated the Board should Court the people who are planning the campaigns and find out who the campaign chairmen are; maybe the Board does not want to bring the candidate to Brevard County first; someone could travel to Orlando to have lunch with the campaign manager; and there is so much bombarding the candidate.  He inquired who can the Board visit with and can the individual Commissioners reach out to the candidates; stated that being a Commissioner gets telephone calls answered; and his telephone calls get answered where others do not.  Commissioner Colon stated if a person wants to get in touch with a particular presidential candidate, it would be whoever is chairing the committee; for instance for Mayor Giuliani it is Florida Attorney General Bill McCollum; that is who has access to him; and Senator Martinez was telling her that regarding the Space issue, the

 

 

 

 

Board needs to make sure that the Governor is on board.  She advised it needs to be Governor Christ, Senator Nelson, and Senator Martinez leading the charge with the Board right there with them; and if the candidate who is elected President of the United States is on board during the campaign, it will increase Brevard County’s chances tremendously.  She advised a lot of the presidential candidates have never stepped foot on the Kennedy Space Center (KSC); now it is awkward for the Kennedy Space Center because they are not allowed to lobby for themselves; and the Board, EDC, and the industries are who lobby for KSC.  She advised it is not just Florida; once the Governor and both Senators are able to strategically go after that it has to go one step further; the Governors of Louisiana, Texas, and Alabama all will end up being on board; and all of a sudden all of the Governors and United States Senators will unite to be able to bring that as one force.  Commissioner Colon advised in Washington, D. C. they do not listen to a single state but as the southern part of the country.  She stated the candidates can get on the plane and get to Florida like that; there was one candidate who was willing to be in Brevard County before Friday when they heard another candidate was coming; and they ended up being upset with their people because he or she did not get done here sooner than tomorrow.  She stated they are Brevard County elected officials; that is really what this is all about; it is not about Democrats or Republicans; it is about who is going to protect Brevard County jobs; and Brevard County is in a really good position.

 

Ms. Busacca distributed the draft letter to the Board for consideration.  Chairman Scarborough stated he loves the letter.  He requested Ms. Busacca prepare the letter for all five Commissioners signatures; and stated the Board would like to have five copies individually addressed for each candidate.  Ms. Busacca stated it will take several minutes to type that up; and she inquired if the Board would like staff to bring the letters to each Commissioner’s office.  Chairman Scarborough encouraged the other Commissioners to stay in the building and be available because it will save staff a lot of traveling to the individual offices. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to accept the letter drafted by County Manager Peggy Busacca and EDC Director Lynda Weatherman to all presidential candidates concerning the Space Program and national security.  Motion carried and ordered unanimously.  (See page                                           for Letter.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 12:40 p.m.

 

 

 

 

ATTEST:                                                        

                                                                         _________________________________

             TRUMAN SCARBOROUGH, CHAIRMAN

                                                                         BOARD OF COUNTY COMMISSIONERS

                                                                         BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

 

     (S E A L)