The Board of County Commissioners of Brevard County, Florida, met in special session on October 4, 1999, at 6:40 p.m. in Charlie & Jake's Restaurant, 6300 N. Wickham Road, Melbourne, Florida, to discuss judicial needs with the judges. Present were: Vice Chairman, Nancy Higgs, Commissioners Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: *Chairman Truman Scarborough.

Also present were: Chief Judge Preston Silvernail, Judges George Maxwell, Bruce Jacobus, Ken Friedland, Tonya Rainwater, Warren Burk, Kerry Evander, Cathy Clark, Lisa Kahn, and A. B. Majeed, Courts Administrator Mark Van Bever, and Karen Schiavone and Joyce Grant.

Chief Judge Preston Silvernail welcomed everybody to the meeting; stated there will be more people coming; and advised it will be a free-flowing discussion on things coming up that will affect everyone. He stated they appreciate the opportunity to interact with the Board on article V funding, a grant writer position, courthouse space, and assistance of Mr. Spearman.

*Chairman Scarborough's presence was noted at this time.

REPORT, RE: PAYMENT OF DINNERS

Commissioner O'Brien stated since this is a dinner meeting with the judges, the Board should pay for the dinners but not for alcoholic beverages.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to declare that the dinner meeting with the judges is a public purpose, and authorize payment of dinners, but no alcoholic beverages. Motion carried and ordered unanimously.

DISCUSSION, RE: ADDITIONAL COURTHOUSE SPACE

Chief Judge Preston Silvernail advised Brevard County will get a new circuit court judge in November, 1999; there will be 20 judges, one general master, one master to hear child support enforcement cases, and one senior judge; and with 17 courtrooms and 23 people looking for courtrooms, it is difficult to figure out where they are going to try cases. He stated when the space was modified, they did not provide enough space for administrative people who are in cubbyholes; and the Clerk's Office has too many people working in too small a space. He stated when Judge Chance issued the order for more court space, he placed constraints on it; the primary concern was security; and there are proposals to have court facilities in Palm Bay, add to the Moore Justice Center at Viera, or both. Judge Silvernail advised they can better use their time if they are all together in one facility; two County court judges could be located in Palm Bay for high volume cases and be more convenient for people and jurors; however, the Sheriff has said if more courthouses are provided, he would have to provide additional bailiffs, etc.

Chairman Scarborough advised the Board has not made a decision on a Palm Bay facility and constitutional officers as opposed to judicial facilities; it is a budgetary decision; he also pushed for centralization of County government; and the Board needs to consider multiple decades not just five years, even though everything would not be built at once.

Judge George Maxwell advised the Chief Judge suggested having people from the National System look at multiple decades, doubling of population, etc. 20 to 30 years down the line.

Judge Kerry Evander advised he wants to make the Board aware that judges cover for each other; the circuit court has bigger cases that may run five days; and County court judges deal with lot of people.

Judge Silvernail inquired if the Board understands the problem with courthouse space; with Chairman Scarborough responding County court should stay in the communities; a consultant is a budget item; the air conditioning system in the Justice Center was oversized for growth; and he does not want to do anything in a short glance. Commissioner O'Brien stated the population growth in three years is 14.3%. Judge Silvernail advised the case loads have substantially grown because of the Legislature; and dependency court seems to have a lot more hands-on type cases with the judges spending more time processing those cases.

Judge Tonya Rainwater advised when consolidation was considered, the thought was to go from three to one location plus a satellite courthouse; 20 years ago it was minimal, and judges had time to play golf on Fridays; but now they work from 5:30 a.m. to 10:00 p.m. She stated she has worked through lunches and came in on weekends, but still cannot keep up with the caseload; and noted when they get the extra judge, he or she will be working full time.

County Manager Tom Jenkins advised when the Justice Center was discussed, the option was 12 judges and 8 courtrooms; that did not work because of scheduling problems; and that is an issue the Board has to deal with today.

Commissioner Voltz advised there is a need for a new jail, but that will not pass with the Sheriff's referendum failing; and suggested the Board proceed with a complete review of the entire criminal justice system, see what the needs are, and plan for the future.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize a consultant to look at the judicial system and report back to the Board. Motion carried and ordered unanimously.

Commissioner Higgs inquired if that includes after they go to court; with Commissioner Voltz responding the whole system. Commissioner Higgs inquired if it includes facilities. Judge Silvernail advised the National Center for State Courts is a subsidized group that is taxed heavily with work; and inquired if the Board wants him to get in touch with the group; with Chairman Scarborough responding that would be good, and to bring the information back to the Board before it goes further. Judge Silvernail inquired if they should look at a systems approach to court services; with Commissioner Voltz responding yes, as well as facilities. Judge Silvernail advised he will do some preliminary work and keep in touch with Mr. Jenkins.

Judge Evander advised studies projected increase in workload of 14.5% because those convicted will have to serve 85% of their sentence; it is more because the Legislature enacted new laws; and more defendants are going to trial. He stated there are a lot more divorces; Dependency Court increased 100% in one year; they need someone who will be able to project the case loads ten, fifteen, and twenty years, and take into consideration how many males are between the ages of 16 and 30, and project the population increases over those time periods.

Commissioner Voltz inquired about jails; with Chairman Scarborough responding that is not included in what the judges do. Commissioner Voltz stated their work has an effect on the jail; with Judge Silvernail responding some of their cases go to the State system. Commissioner Higgs stated there needs to be a systematic approach to the problem.

Commissioner O'Brien advised if the Shuttle launches are reduced by the federal government, there may not be a need for more judges and facilities, so the Board needs to be cautious. Judge Maxwell agreed that it is not always expansive and some times it is recessive; and inquired what can be done to plan for that. Commissioner O'Brien stated Fishkind can do that study for 20 years to determine if expansion is stagnant or reversing to give a clearer picture of what the County will be. He stated Brevard County spent a lot of money for EDC and it is still about 800 jobs behind; however, without EDC the County would be 1,500 jobs behind. Judge Silvernail inquired if the loss is being made up with seniors moving to Brevard County. Judge Evander noted consultants need to talk to local economists.

Judge Bruce Jacobus advised Dade County used available grants; and he has some literature on the group from Denver to do the study.

DISCUSSION, RE: GUARDIAN AD LITEM PROGRAM

Judge Evander advised Dependency Court cases increased 100% because of more abuse, aggressive enforcement by the Department of Children and Families in Tallahassee, Legislative changes, and more public awareness. He stated the Guardian Ad Litem program is free and consists of volunteers; at the beginning of the year there were 110 guardians; 60 more are going through training this week; and the guidelines from Tallahassee say they have to have so many paid supervisors for a certain number of volunteers. He stated they are doing a great job and the program is much better, but they need space for supervisors. He stated the volunteers do not come to the courthouse, but they do a great job being friends to the children and getting information. He stated the Guardians look out for the children's interests; and the program is 95% free.

Courts Administrator Mark Van Bever advised they asked the Legislature for additional supervisors; they are at one for every 80 volunteers because the Legislature has not given them one position for every 35 volunteers; and they cannot adequately supervise volunteers.

Judge Cathy Clark advised the bulk of the cases are abuse, abandonment, and neglect; to maintain credibility, they need supervision to weed out the problems; Guardian Ad Litem works with children; and every organization involved with children needs to avoid problems with pedophiles, etc. She stated Brevard County has a good program, and added supervision will ensure the safety of those children. Judge Evander stated in the past most guardians were retired, but now a large number have jobs and take time off. Judge Silvernail noted someone he knows at the Cape takes vacations to serve as guardian ad litem.

Commissioner Higgs inquired how much money comes from the County; with Mr. Van Bever responding all employees are State funded , but they do not separate it from their regular budget. Commissioner Higgs inquired about the funding for administration; with Mr. Van Bever responding it costs between $30,000 and $50,000 a year. Commissioner Higgs inquired how much does it raise in terms of contributions; with Mr. Van Bever responding it saves a lot of money; and nonprofit groups raise money for the children's clothes, food, grooming products, dental care, bicycles, etc.

Commissioner Voltz inquired if they need to be at Viera; with Mr. Van Bever responding it is nice having them all in the same place. Judge Jacobus advised the volunteers are not at the courthouse that much. Mr. Van Bever advised they would need 120 square feet each for two more case coordinators. Judge Silvernail advised if the Legislature does not come forward with the funds to hire the coordinators, they will come to the Board next year. Mr. Jenkins suggested turning the issue over to Mr. Spearman. Judge Jacobus noted the Department's policy is to take every child to court; they used to get one a day; and now Judge Evander gets 12 a day; and the guardians work hard for what they do.

Commissioner O'Brien stated it is the children's court and the School Board should come to the table rather than just the County. He stated they are trained in children issues; and suggested reaching out to find out what is available. Commissioner Voltz stated the School Board has to spend its funds on education-related items. Judge Evander stated he would like to see the School Board include child support guidelines in its curriculum. Commissioner Higgs stated if they cannot get funds from the Legislature, she will work to get them some money for the Guardian Ad Litem supervision. Commissioner O'Brien recommended exploring grants and asking the School Board. Judge Silvernail advised they have borrowed positions from another circuit. Mr. Van Bever advised the situation is critical enough to borrow positions; they are on their third position; it is not ideal; but because of the critical nature of the situation, they had to do something. Commissioner O'Brien stated he is hearing it is critical now, but did not hear it at the budget time and he does not appreciate being blindsided. Judge Silvernail advised they are just bringing the issues to the Board's attention of problems they may see in the future.

Chairman Scarborough stated there are votes to do something; they understand the critical nature of the situation; and it should be put on the Agenda.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize Guy Spearman to aggressively seek State funds for Guardian Ad Litem in the next few months. Motion carried and ordered unanimously.

Commissioner Voltz inquired what would be done in the meantime; with Commissioner Higgs responding if they cannot find funds by December 1, 1999, then the Board can look at it again to determine if it has any funding.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to not put the item on the agenda until the judiciary meets with the School Board. Motion did not carry; Commissioners O'Brien and Voltz voted aye; Commissioners Scarborough, Higgs and Carlson voted nay.

Chairman Scarborough stated he will call the Superintendent to determine if it is a legitimate expense. Commissioner O'Brien stated if the question is not asked, the Board will never know. Commissioner Voltz suggested the judge call and find out if it is legal to use those funds for Guardian Ad Litem; with Judge Silvernail responding he has no problem expressing that, since the caseload has doubled. Judge Evander advised of volunteer training sessions for 120 volunteers.

DISCUSSION, RE: ARTICLE V FUNDING

Judge Silvernail advised Article V changes involved cost of court system shifting from the County to the State; and suggested using Guy Spearman to watch out for them, keeping in mind the funding changes they anticipate in the future. He stated there are some areas that have huge legislative delegations and the smaller areas get less funding because sometimes the funds flow according to the number of people in the Legislature rather than needs; and that may happen in the future. He stated they cannot hire someone like Mr. Spearman, but if he could watch out for them, it may be beneficial to the Board and the judges. Mr. Jenkins inquired if the concern is to get adequate funding through Article V; with Judge Silvernail responding that and other issues such as changes in the law defining different crimes; and they would like to have Mr. Spearman's assistance to advise them of what is going on with bills.

Chairman Scarborough advised individual Commissioners cannot call Mr. Spearman; the Board has to do it; and the item should be part of the legislative package. Judge Jacobus advised Mr. Van Bever is on the Statewide Committee.

Judge Jacobus advised each County has different needs; Brevard County has programs other counties do not have that will not be funded; they may fund something the County does not want; and inquired how will programs the Board may want to keep get money. He noted it will be hard to protect programs.

Commissioner Voltz advised she is on the Board of Directors of the Florida Association of Counties and wants to know the issues and not have a generic court system; so she would like to have the information on paper so she can pass it out. Judge Silvernail advised they are still defining some of those issues. Commissioner Voltz stated the Association is going to be the main lobbyist for this issue and needs to know Brevard County's needs. Judge Silvernail advised he will meet with Commissioner Voltz and define as much as he can. Commissioner O'Brien suggested bringing it to Mr. Jenkins as an agenda item. Judge Jacobus stated there are programs they like in Brevard County that may not make Article V funding and are getting side lined, so they need to know now.

DISCUSSION, RE: PROSPECTIVE PROGRAMS

Judge Silvernail advised they are looking at having a collections court, and Judge William McCluan and Joyce Grant are developing a collections court in the County Court system first. He stated people ordered to pay fines and court costs will come back to court on a certain day; if paid, they do not have to come back; but if not, they have to come back to Judge McCluan and say they have not paid. He stated it has been tried in Orange and Palm Beach Counties; and they feel good about the possibility it will increase collections in the court system that will return to the County.

Joyce Grant advised in Child Support they have a pay or appear program with an ordered sequence of court dates; and if they meet their obligations, they do not have to come back. She stated they made an association with the Job Link Center; and if a person comes back and has not paid, that person is ordered to go to Job Link; and if they come back again, they are sent to the labor provider program because they have an association with Day Labor. She stated they find by employing the tools, people are beginning to pay.

Commissioner Voltz inquired if it will put an added burden on the courts; with Judge Silvernail responding there will be from time to time because they are not going to hire another judge. He stated if it is beneficial, they will expand to the other court system and may need a coordinator; but that position should pay for itself.

Judge Silvernail advised another thing they are doing is working with the U. S. District Court Bankruptcy Division to make available to them room at Viera to conduct hearings by video conference. He stated it will make it convenient for people in Brevard County to go to Viera instead of Orlando, and would be a first step as a future potential federal court site.

Judge Warren Burk advised of the Drug Court Program; and noted the satisfaction when someone kicks the drug habit and the judge discharges the case.

Commissioner Voltz stated they need funding to continue drug court. Mr. Jenkins stated between the County's match and Circles of Care's contribution, they have funding for this year, and will go back to the State for next year. Dot Estes advised Pat Bean is approaching it from another perspective and going to the agency instead of the Legislature.

Judge Silvernail thank the Board for its assistance.

Karen Schiavone provided information on the ride along program, and invited Commissioners to participate, and sit with one of the judges to see how people are affected and how the money is being used.

Upon motion and vote, the meeting adjourned at 8:32 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)