The Board of County Commissioners of Brevard County, Florida, met in special session on May 11, 1995, at 5:01 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook and Scott Ellis, Assistant County Manager for Community Development Dean Sprague, and County Attorney Scott Knox.

Chairman Higgs led the assembly in the Pledge of Allegiance.

FINAL PUBLIC HEARING, RE: FY 1994-95 MID-YEAR SUPPLEMENTAL BUDGET

Assistant County Manager for Community Development Dean Sprague requested approval from the Board to reschedule the final hearing on the FY 1994-95 Mid-year Supplemental Budget; advised it was initially scheduled for May 18, 1995 at 5:01 p.m.; and staff would like to reschedule it to May 22, 1995 at 5:01 p.m. to give sufficient time to restructure the document to make it easier for the public to understand.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to reschedule final public hearing on the FY 1994-95 Mid-year Supplemental Budget from May 18 at 5:01 p.m. to May 22, 1995 at 5:01 p.m.; and authorize staff to advertise the change. Motion carried and ordered unanimously.

DISCUSSION, RE: COM-AIR COMPANY

Commissioner O'Brien advised last Tuesday he gave the Board a report about Com-Air moving to TiCo Airport; the City of Sanford has Congressman Mica involved; he is attempting to get the Federal Aviation Administration (FAA) to build a tower in Sanford; and the City has offered to lower its rent extremely to try to keep Com-Air. He noted Brevard County still stands a very good chance of getting the Company to TiCo.

Chairman Higgs inquired is there anything the Board can do to assist. Commissioner O'Brien responded no; his office staff is working very hard on the issue; it is talking with Com-Air almost daily; and the County has made the Company a good offer.

PUBLIC HEARING, RE: ORDINANCE REGULATING BINGO

Chairman Higgs advised the audience of the proper procedure for addressing the Board.

Dave Whitfield, 1647 N. Singleton Avenue, Titusville, representing Disabled American Veterans Chapter 109 in Titusville, stated the DAV is in complete agreement with the County's proposed ordinance; this is strictly a matter of leveling the playing field; had the Florida Statute been enforced, it would have never come to this point; and all over Brevard County, the dollars that are being put into the charitable organizations are being stretched to the maximum. He noted the DAV's income since the other bingo parlors have increased their bingo jackpots from six to nine and on up, has dropped about 60%; its service work has increased about the same amount; and requested the Board level the playing field. He stated the DAV can compete with anyone if it is all level; the DAV has been living strictly within the law and is going broke; the DAV will give the services to the veterans that need it; and the ladies in the DAV who run bingo are second to none in their charitable work.

Adrin Weedel, 1325 Heritage Acres Boulevard, Rockledge, advised she has been a resident, registered voter, and taxpayer in Brevard County since 1978; she is present because she strongly opposes the issue of a proposed bingo ordinance regulating commercial bingo halls to operate two nights per week; these halls are staffed with volunteers; they rent space, pay utilities and supplies, provide a safe and pleasurable environment for their customers, and provide financial assistance to numerous charities; and the proposed bingo ordinance states it is promoting the safety and welfare of the inhabitants of Brevard County. She noted it is her understanding that the words safety and welfare are included in all ordinances passed by the County; however, she has never heard of one single little old lady or gentleman being mugged in a bingo hall; and she has played bingo at numerous halls, churches, and privately operated bingos, some of which she refuses to re-patronize by personal choice. Ms. Weedel stated many seniors as well as other age groups go to bingo six to eight times per week as a recreational and social outlet; this is their personal choice; and a Countywide blanket ordinance regulating commercial bingo halls within the confines of a city serves few and hurts many. She advised bingo is currently regulated by the State of Florida; if this ordinance is passed as currently suggested and the commercial halls are regulated to two nights per week, the charities will be without the extra monies that are made available to them; there would be less funds or possibly no funds available to donate to the charities with a two-day program; and the purpose of their programs would be null and void. She noted she cannot understand why the Board's valuable time is being used to even consider such a County ordinance. Ms. Weedel stated each city has a different ordinance for businesses in its area; the commercial bingo halls cannot absorb the burden of necessary expenses and make donations to charity; do not bite the hand that feeds the needy; there are so many homeless and hungry people; some families with children depend on charities for temporary assistance; and requested the Board consider the needs of these people and of those that are attempting to assist them. She stated this problem is not going to go away; many public assistance programs are being cut by all facets of government from federal to city; and inquired who is going to have to pick up the slack, the taxpayer. She stated the County has far more serious problems to consider; it is her opinion that such an ordinance infringes upon the rights and personal choice of the players; personal choice is an important issue; and requested the Board reconsider the necessity of a Countywide bingo ordinance limiting the commercial halls for the above stated reasons.

Lois Snowden, P. O. Box 2404, Merritt Island, stated she is one of the non-profit organizations that has not been treated fairly by commercial bingo halls; she loves to play bingo and enjoys it; she goes to bingo all the time; but unfortunately, people do not realize that they do not get what others claim they get; what they have been given is a contract that charges them $470 a session; and that is to take care of everything. She noted she was told they would get a lot of money from this; they were working with the Palm Bay bingo hall which gave her organization anywhere from $300 to $400 a month; her organization houses AIDS people; and it is not a real popular charity. She stated her organization felt it was treated very fairly by the Palm Bay bingo hall, but unfortunately it closed; they were picked up by Garden Chapel bingo which charged her organization with this; they received $350 last year from them; the permits and other things they had to pay for worked out to about $50; and it left them $6.00 a session from Garden Chapel bingo a week. Ms. Snowden stated unfortunately as much as these people would like to think commercial bingo halls are all run very well, they are not; and her organization was not treated fairly.

Shirley Edwards, 461 1st Avenue, Satellite Beach, stated she wants to know what ever happened to the Bill of Rights and the Constitution that says everyone is created and treated equal; the Board is not wanting to do that to the people; the Board was elected by choice; and the taxpayers had that choice. She noted she goes to bingo, including the churches and commercial halls; the commercial halls are cheaper than the churches; if the Board can tell the people where they can go, what they can do and when they can do it, why is it not in Russia; the United States is a free country; and the Board is telling the people they are not free to do what they like to do. She stated the County should regulate bingo, but regulate all of it; if the Board closes commercial bingo halls, there are churches that have ample opportunity space for fund raisers; they make money; the veterans organizations pay dues and have money and fund raisers; the commercial halls take care of seven small charities; the County can regulate them and have them checked; and if they are not doing what they are supposed to do, the County should have the power to close them down, but not have the power to close them because it does not think they should be open. Ms. Edwards stated it is not fair for the Board to tell the people what they can and cannot do.

Chairman Higgs requested the County Attorney clarify whether the ordinance that is under consideration allows a license for a commercial bingo; with County Attorney Scott Knox responding yes, it does. Chairman Higgs noted so there is a provision that would allow commercial bingo to continue under a licensing operation; with Attorney Knox responding that is correct.

Rita Craft, 1642 Pinehill Drive, Melbourne, stated the whole premise behind the proposed bingo ordinance was because certain bingo halls believed Florida Statutes governing bingo were being broken; there is an underlying issue; and that issue is competition. She advised the United States of America was founded on the idea of competition and free enterprise; she has been playing bingo in Brevard County for 14 years and has volunteered at bingo previously for four years; when she first started playing bingo, the only games were run by church organizations; and as the popularity of bingo grew, commercial halls opened. She noted commercial halls sponsor charities other than those affiliated with churches; they also offer a better value for the player; as bingo players started to migrate to the commercial halls, the church-sponsored bingos began to complain to authorities that violations against Florida Statutes were being committed; and she would like to know how many Statutes have been read by bingo chairpersons making these complaints other than those relating to monetary giveaways. Ms. Craft stated these Statutes dictate precise wording on how to close a game, how many sessions are allowed, where bingo volunteers must reside, who must be affiliated with charities, etc.; if they go by exactly what each Statute says, there is probably not a bingo hall that is not in some sort of violation; and the County needs to be fair and not discriminate against commercial halls. She noted the church-operated bingos are claiming the operators of commercial halls, not charities, are getting the bingo proceeds; having volunteered in commercial halls in Brevard County, she has seen first hand the good that has come to charities that have bingo games run for them; and she personally has helped these charities with other activities besides those related to bingo. Ms. Craft stated if the Board limits commercial halls to two nights a week, the charities will be the ones to lose; and she wants to know if the churches plan on donating bingo proceeds to the 24 charities sponsored by commercial halls if this ordinance passes. She noted churches can play as many nights a week as they want to as long as they have the charities to support it; church bingos are not being run as honestly as they claim to be; if this ordinance passes, she intends on attending each church run bingo and making sure they follow every Florida Statute to the letter of the law; and she will file complaints each and every time she finds a violation as they have done to commercial halls. She stated she knows law enforcement has more important things to do than follow up on her complaints; there are other solutions to this ordinance; the County can get a committee together to review this; it can elect or hire a bingo commissioner to head the whole issue; and requested the County let law enforcement do their jobs of taking criminals off the streets rather than responding to complaints about bingos. Ms. Craft noted the Board needs to check the bingo halls before it decides where the people can and cannot play; and charities are being helped.

Alma Tate, 7750 Patti Drive, Merritt Island, stated she has been a resident of Brevard County for over 30 years; she is a faithful voter; the bingo ordinance mentions it is for health and safety that such ordinance is going to be adopted; and that is not correct. She requested the County leave the commercial bingo halls alone; stated such halls do not charge higher prices as was stated in the newspaper; she pays more money at the church bingo halls than the commercial halls; and she gets more for her money at commercial bingo halls. She stated she enjoys playing bingo; not everybody can play bingo on Tuesday and Thursday nights; she enjoys Sunday evening; there are special things for Mothers Day, Easter, and New Years Eve; the churches do not have that; and the people should have the right to choose where they want to spend their money. She noted the County is going to have to raise taxes to pay for charities; funds are needed for the Hacienda Girls Ranch and food for the needy; and the County needs to leave bingo players alone and give them their choice.

Willis Kirk, 2445 Honeybrook Drive, Melbourne, stated there are 10 bingo halls in the County; there are four halls that are for rent; these four halls provide service for 26 small organizations; they do not have facilities of their own; and there are 864 other organizations that are on a waiting list to get into a hall. He noted he is involved with American Veterans Post 893 in Rockledge and is the Commander; he would hate to advise the members that their rights to rent a bingo hall have been taken away; the power lies in the hands of the silent majority; the County is now hearing from them; and encouraged the Board to not overlook them or sell them short. He noted the proposed ordinance has a dominating affect upon the bingo player; if passed, it is saying to the bingo player they no longer have a choice; they have to go back to the older established halls; and the bingo players consist of a large group of people. He requested the Board not cause them to take their money out of Brevard County; stated the people are overburdened with rules and regulations; Governor Chiles has vowed to eliminate 14,000 business regulations; and it seems Brevard County has not received that message when he sees 45 pages of regulations for bingo. He stated he has talked to several small organizations that rent halls to raise money for their cause; none of them are against regulations; they just do not want to be regulated out of business; and they have the same equal rights as the largest organization. Mr. Kirk noted there is a good set of rules and regulations enacted by the State; in the past, the problem was getting the Sheriff's Department to enforce the rules; if there is a problem of someone in violation of present rules, the County should go to the Sheriff's Department and request it investigate; it is the Department's responsibility to enforce the State's rules; and the County does not need 45 pages of regulations. He requested the Board adopt the State's rules and ask the Sheriff's Department to enforce the rules or have a committee with the County Attorney attending the meetings; such committee can draft rules and regulations that everyone can live with; and the Board can review them.

Marge Knopf, 1343 Cherry Hills Road, N.E., Palm Bay, President of the Greater Palm Bay Senior Center, stated such Senior Center is the largest in Brevard County with a membership of over 3,700 people; in the past four years from the bingo profits, the Center has given in excess of $60,000 to charity; the names of a few of these charities are the Alzheimers Association, Mercy Watch, Harbor City Volunteer Ambulance Squad, Leisure of the Blind, Early Intervention Center, Sharing Center, Salvation Army, Domestic Violence Center, the Yellow Umbrella, Broken Glass, Spotlight Theater, and there are many others; and these are all not-for-profit organizations located in Brevard County. She stated a portion of the bingo income was used for capital improvements to the Center, such as an improved PA system, paving the parking lot, landscaping, building a wood working shop for the seniors, and putting a bridge over a large retention pond next to the building for easy access for handicapped members; these projects, which improve the lives of senior citizens, did not cost the taxpayers of Brevard County a single penny; and these improvements became property of the County. Ms. Knopf stated an example of the Center's involvement in community affairs is the expenditure of $3,500 for the purchase of a police dog for the Palm Bay Police Department; the Center has a large outreach program that works through Holmes Regional Hospice to feed families who have fallen into the bureaucratic crack waiting for Medicaid and food stamps; without the bingo operation, none of these improvements or the active community involvement would have been possible; and the cost of providing these improvements and services would have fallen back on the County and government. She noted if commercial for-profit bingo operations should ever become widespread in Brevard County, the Center's bingo operation would suffer to the point where it would have to discontinue its bingo as it cannot compete with a seven-day-a-week operation; the law only allows them to operate two days a week; and requested the Board adopt the proposed ordinance so that all bingo operations can be on a level playing field. She stated the Center believes it is imperative that money derived from bingo continue to go to charities as it was intended by the State Legislature.

Skip Panty, 560 Carol Drive, N.E., Palm Bay, President of Brevard County Charity Bingo Association, stated the Association has previously brought to the Board's attention the problem it is here to address this evening; because of numerous loopholes in the State bingo laws, it is impossible for law enforcement agencies to control activities that are illegal according to State laws; the major reason the commercial bingo halls are able to continue in operation while true charity bingo operators are slowly starting to lose money and starting to close is that in the past, they could not compete because they would run their jackpots up to $500; and at one time there was one commercial establishment that had a jackpot exceeding $1,000. He noted now that they cannot do this any longer they have decided they would get more charities; now they will have six $250 jackpots; a lot of the organizations that belong to Brevard County charities also got charities and started doing six $250 jackpots; they could not compete; they got other charities; and they have nine $250 jackpots. Mr. Panty stated the Association's intent is to insure that all bingo operations of Brevard County are conducted by bonafide members of the charity, non-profit or veterans organizations; it believes the proposed ordinance will achieve these goals; and requested the Board adopt the ordinance.

Nancy Collins, 245 Richland Avenue, Merritt Island, stated if the County shuts down the bingo halls to where people can only play two nights a week, the charities and bingo players are going to lose; she likes to play bingo at the Catholic churches; but during the summer if they do not have a certain number of people, they cut the games; and at Jenny's, it does not matter how many people are there, it pays every game that is played. She noted the children, the blind, and the Hacienda Girls Ranch will be hurt if the proposed ordinance is adopted.

Allen Huggins, 1113 Hill Avenue, Palm Bay, stated it is amazing that with all the problems in Brevard County, the Board can find time to attack what is probably the least expensive form of gambling offered to the public; there is Jai Alai wagering, dog track wagering, horse betting, Lotto, Fantasy 5, Pick Three, Pick Four, and dozens of other forms of gambling; and a trip to any bingo parlor will disclose that bingo is a favorite among the senior group. He noted it is not real expensive; the players know exactly what the cost will be; unlike so many other forms of gambling, the potential loss is known up front; and very few children will be neglected or unfed because it is a game dominated by seniors. He stated presently, many charities benefit; to deny the bingo player the right to play in an atmosphere of his or her choosing is to deny him or her the freedom to choose where they must play; and limiting the operator to two nights per week makes it impossible to pay the expenses. He requested the Board consider some of the other community wrongs before abolishing so many people's favorite form of entertainment; and let the professionals have their bingo and let them support some worthy charities while they operate, not two nights a week, but an amount of time that can pay their expenses and contribute to the charity.

Gayle Flewwellen, 2291 Christine Drive, Titusville, DAV Auxiliary Bingo Chairman, stated the DAV established its bingo in 1987; it had approximately 39 people attending bingo at that time; it was always in the red; recently, she has taken over the bingo again for six months; and the DAV has approximately 116 people attending bingo. She noted with the funds, it serves the veterans, their family and the community; it is accountable for its money to the State department; it has quarterly reports it sends in; its books are always open; it has a qualified treasurer; and it provides scholarships to Titusville and Astronaut High Schools. She stated it also has shoes for the needy and community childrens' Christmas and Halloween parties; it has struggled since 1987 to get where it is; it had competition; and it demands equal rights and is entitled to it.

Barbara Billias, 1139 Groves Drive, Rockledge, stated this is a joke; she cannot believe some of the things coming out of people's mouths; and if these people think what they are saying is true and what they are telling the public is true, it is a bunch of wash. She noted she enjoys playing bingo; she has played for over 30 years; she is treated fairly anywhere she goes; and she pays for what she gets. She stated she is not trying to shut anyone down; inquired why should the County have to form a committee to oversee the bingo organizers; stated they know what the rules and regulations are; and if they are not abiding by them, they should be shut down completely. She stated these are not children, but responsible adults; and they have a choice of which bingo hall to play in.

William McDonald, 4575 Comfort Street, Port St. John, stated he is a member of the Titusville Chapter 109 DAV; there should be some way of checking what these charities are receiving from bingo; his Chapter and the DAV have a requirement that 51% of every dollar they take in has to go to veteran services or charities; and that does not leave them much in paying for buildings, lights, and all the other things. He noted the DAV is not in this to make a dollar, but to be able to serve the veteran and his children, and anyone else in the city that needs help; his Chapter has an audit done on a monthly basis; and its average yearly income from bingo is about $40,000 net. Mr. McDonald advised it has dropped drastically this year; but it can show previous years where it has had about $23,000 of that $40,000 going to charities. Mr. McDonald stated the Board is on the right track; and he hopes it will continue what it is doing and carry this through to the benefit of all the charities for which bingo was allowed to start by the State when it voted this in.

William MacPherson, 1039 Ivanhoe Street, N.W., Palm Bay, Vice President of Brevard County Charity Bingo Association, stated bingo in the State of Florida is a multi-million dollar operation, not a mom and pop game as has been suggested this evening. He advised when the Legislature enacted the original Statute authorizing the conduct of bingo in the State of Florida, it spelled out that bingo was only to be conducted by charitable, non-profit or veterans organizations that were engaged in charitable, civic, community, benevolent, religious or scholastic works, or other similar activities. He noted through loopholes in the State law, commercial operators have become involved in bingo operations; and in many instances, the charities they represent receive little or none of the revenue that is generated by the bingo games. He stated he has only heard from one individual representing a charity this evening; what that charity received from a commercial bingo hall did not amount to enough to even be worthwhile; and the commercial operator made $900 for the two sessions it ran for that charity. Mr. MacPherson noted this is what is happening with bingo in commercial halls; his Association would like to see the Board enact this ordinance as it will control bingo operations in Brevard County and give law enforcement agencies the necessary tools to do the job; and that job would be to make certain that the monies derived from bingo are used for charitable purposes as was intended by the State Legislature. He stated sufficient data has been gathered to show the so-called commercial or for-profit bingo organizations do not provide the charities they represent with a fair share of the proceeds from their operation, but do retain a disproportionate amount of the monies derived from their operation. He noted the commercial bingo provides a means for organized crime to launder money obtained from sources other than bingo, and therefore, needs stronger control; his Association does not infer that any present operation is involved with organized crime; but this ordinance will keep that type of operation out of Brevard County. He inquired why are organizations from Miami and the West Coast coming to Brevard County to operate bingo; is it out of the goodness of their hearts to help the local charities, or because it is a very profitable endeavor. Mr. MacPherson stated the question tonight is not of rights or desires, but a question of what the Legislature intended when it passed legislation authorizing bingo; the law requires that bingo be conducted by the members of the charity involved; and this does not happen. He noted his Association would like to see the ordinance controlling bingo operations adopted; and the ordinance will give law enforcement agencies the tools they need to do the job and will make certain that the monies derived from bingo are used for the purposes originally intended by the State Legislature. He urged the Board to adopt the ordinance regulating bingo.

Michael Finn, 785 Atlantic Drive, Satellite Beach, Bingo Chairman for Holy Name of Jesus Catholic Church, requested the Board vote in favor of the ordinance to protect all charitable organizations so they can receive their fair share of the money that bingo was intended for. He noted his organization's bingo workers are all volunteers and members of the parish community; none of them are being paid; they do not ask during the course of the bingo game that tips be provided for any of the workers; and there is no remuneration for working bingo in the church. He stated the commercial bingos are hurting the organization because before commercial bingo came to Satellite Beach, it used to do fairly well or make a lot more money than what it is making now; the players have a choice as to where they want to go; that is their right; but it is also the right of the Legislature to see that bingo money goes to the charity to which it was intended. He noted he does not believe commercial bingos are providing that right to the charities; requested the Board adopt the proposed ordinance; and advised Holy Name of Jesus Catholic Church is in favor of the Board passing it.

Harry Revels, 6330 Sleepyhollow Drive, Titusville, representing Titusville Elks Lodge 2113, stated the Lodge runs bingo one day a week on Wednesdays; it has considered running two sessions two different days; a lot of the big bingo parlors have professionals that run the sessions and get paid for it; the Lodge does not pay the workers; and they are strictly members or Does of the Lodge. He noted the Board is getting a bunch of smoke blown over it; and the ordinance should be passed to limit bingo to a certain amount of days.

Jane Lee, 448 N. Waterway Drive, Satellite Beach, stated she is a senior citizen; she has lived here for 35 years; she plays bingo at various places; on Easter, the churches do not have bingo; and all the church people go to the commercial bingos. She stated that is fine; they are happy to have anyone come; many people that have moved to Florida want to feel at home; some of them have no families; and they enjoy playing bingo, including on Easter, Christmas Eve, and Mothers Day. She noted she is speaking for the senior citizens; she does not care about the regulations; there should not be regulations; the State should be paid so much for each bingo place; all of them should compete; and if they cannot compete, then they should close down. Ms. Lee noted the senior citizens need some place to go; they are lonely; and they should be able to spend their money where they want to.

Darlene Davis, 208 Pierce Avenue, Cape Canaveral, inquired why the bingo issue was not put on a ballot to be voted on by the community; stated there is always going to be a fight going on because there are people for and against this; she likes playing bingo and does not want to have her seven nights a week of bingo cut down to two nights a week; and if she wants to play bingo nine nights a week, she should be able to go. She stated she goes to various bingo halls; and requested the people be allowed to vote on the bingo issue.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to continue public hearing to consider ordinance regulating bingo to May 25, 1995.

Commissioner Ellis stated he still does not support the ordinance for the same reasons he stated earlier; Brevard County has had a problem, especially with jackpots; illegal jackpots exist; he has a flyer in his hand where one organization was offering a $500 jackpot or $1,000; and it needs to be corrected. He noted the County can correct it through the Florida Statutes for jackpots; it could also get into one session per day; when there are 44 pages of ordinance, many of the non-profits that run bingo are going to have just as many problems as the commercial bingo halls when trying to comply with the rules; and the ordinance needs to be simple. He stated the County needs to concentrate on illegal jackpots; that is what triggered this for the most part; there was one organization in Melbourne with jackpots that were grossly illegal; it was unfair to those operating under the rules trying to compete against that; and if the County went with Florida Statutes, enacted those as an ordinance, and made sure it had legal jackpots, it would be easy to enforce and find out if someone was offering illegal jackpots. He noted he is concerned about the 44-page ordinance; and it can be difficult for everyone to comply with when they get into reading all the pages.

Commissioner Cook stated the ordinance does not apply to any group that has 50 players or less; with Attorney Knox responding that is correct. Commissioner Cook noted where did such number come from; with Attorney Knox responding it was borrowed from another ordinance which was upheld in Pasco County. Commissioner Ellis inquired does that mean the County has to count players at every game to see if it applies or not, or do they have to cut off the number of players. Attorney Knox advised it is based on an average over an annual period of time. Commissioner Cook inquired where the three years came from where it says an organization has to be in existence for a period of three consecutive years; with Chairman Higgs responding the County was modeling after the Pasco County Ordinance which was upheld as legal in court. Commissioner Cook inquired on Page 26 (d), it mentions a distributor of bingo equipment shall only sell or lease the equipment at reasonable and fair market value; and inquired is that enforceable. Attorney Knox responded yes; the reason it is in there is because one of the artifices that some of these organizations have used to get around the law and make money is to say they will run corporations that conduct bingo games in conjunction with the organizations that sell the supplies; such organizations make a contract with the corporation that conducts the games; it inflates the price of the bingo equipment; all the proceeds that are realized in the operation of the game are paid over to the company that leases the equipment; and there is nothing left over to pay the charities. Commissioner Cook inquired would that still be possible under this ordinance; with Attorney Knox responding it would not be possible if it exceeded the fair market value of the rent.

Commissioner O'Brien stated he can support the ordinance; bingo traditionally has been recognized as a method of creating money for charity; 93% goes to the charity; and this is what bingo is all about. He noted bingo halls keep 93% in their own pockets creating personal wealth for individuals, and give the charities 7%; this is not what bingo is all about; and he supports the ordinance in its entirety.

Chairman Higgs stated in looking at the Statute, there are provisions that say it is the expressed intent of the Legislature that no charitable, non-profit or veterans group serve as a sponsor of a bingo game conducted by another; but such organization may only be directly involved in the conduct of such a game provided in this act. She inquired if the County were to say the two days a week was not valid and in some way were to allow existing charities to see a way around that, would not this section of the State law preclude their operating of a facility for others. Attorney Knox responded under the current State law, that may be the intent of the Legislature, but it is interpreted by the Supreme Court that is not what the legislation says; and their intent and what they actually say in the legislation are two different things. He stated the Supreme Court has said there is nothing in the Statute that stops a commercial bingo hall from subleasing the premises to multiple not-for-profit organizations. Chairman Higgs stated she understands that, but in this particular provision of the State law, it specifically seems to preclude a charitable, veterans or non-profit organization from being the sponsor for another; with Attorney Knox responding that is correct. Chairman Higgs noted so whereas they have interpreted the law to allow a commercial operator to operate multiple days beyond the two days specified, the charitable organization in asking for a level playing field, is specifically by law precluded from operating more than two days a week; with Attorney Knox responding that is correct. Chairman Higgs noted by adopting the State law, the County is continuing a process that means an unfair playing field for some group.

Commissioner Ellis inquired why the County cannot enforce the jackpot limits when the State is very clear about such limits; and stated that is one of the clearest parts of the Statute. Chairman Higgs inquired is the County capable of enforcing that. Attorney Knox responded he can speculate on the answer to that, but cannot tell the Board for certain what the answer is; it is a practical consideration more than a legal consideration; the bingo halls that run jackpots in excess of the statutory limit do it knowing they are doing it in most cases; eventually it gets enforced by someone; the sheriff or police department will arrest someone; and they will confiscate the equipment. He stated people are back on the streets the next day; they have a backup set of equipment in the same building doing the same thing the next night; and it is so profitable, it does not bother them. Commissioner Ellis inquired if that is the case, how will the ordinance change that. Attorney Knox responded the County law limits the number of times a week that can happen to two times a week as opposed to seven times a week. Commissioner Ellis stated he understands that; he is concerned about the illegal jackpots; that is what draws the players away from the legal games; and inquired how is the County going to do the illegal jackpots. Attorney Knox responded his point is it may not pay to violate the jackpot if you can only do it two nights a week as opposed to seven nights a week. Commissioner Ellis noted he would think losing equipment seven nights in a row would be a disincentive; with Attorney Knox responding it probably would, but he is not sure it has ever happened. Commissioner Ellis stated when Melbourne was the only Sarno bingo, part of the problem at one point was the illegal jackpots and prizes; it seems to be a simple thing to enforce; he does not know why the County has had a problem not being able to do that; that is why he thought of enacting the Statute as a County ordinance; and maybe that is what it takes for the Sheriff to have enforcement powers. He noted the jackpot limit seems to be a simple part of the Statutes to enforce.

Chairman Higgs inquired if she has the ability to have multiple sessions benefiting multiple charities, can she have unlimited sessions if she has unlimited charities. Attorney Knox responded he is not certain how they are interpreting the current State law as it comes to sessions, but he knows it is more than one because there are many establishments that conduct more than one session per day; and he is not sure exactly where they draw the line or what the interpretation is in the law enforcement circles because that is where they would have to interpret it.

Chairman Higgs stated she is going to support the ordinance as currently written; she cannot find that adopting the State rules would do anything more than is currently being done; she finds it inadequate; and she is going to support moving the ordinance forward. She stated she has children who attend a school that is provided some revenue from bingo, and inquired if she in any way has a conflict of interest by voting on this particular item; with Attorney Knox responding no. Chairman Higgs stated she has asked that each time the Board has dealt with this to insure she is acting legally and within the ethics of her position.

Commissioner Cook inquired on Page 12, the permit, licensees, etc., instead of asking the persons age, why does the County not ask if they are 18 years of age or older; with Attorney Knox responding it can do that. Commissioner Cook noted it would be much more appropriate. Chairman Higgs stated on the first page of the ordinance, it mentions non-charter County; and non-charter needs to be struck.

Commissioner Scarborough amended the motion to include 18 years of age or older and remove non-charter; and Commissioner O'Brien accepted the amendment.

Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered; Commissioner Ellis voted nay.

DISCUSSION, RE: SECURITY AT GOVERNMENT CENTER

Commissioner O'Brien stated there is a lack of security at the Government Center; he is hoping the County Manager or the Board will insist that a deputy sheriff is visible at the meetings; and more deputies may be required because of the size of the building and its grounds.

Assistant County Manager for Community Development Dean Sprague advised a deputy sheriff is present at every meeting.

County Manager Tom Jenkins stated the problem is one of economics, how many deputies the Sheriff has on duty at any given time, and what impact it has on service.

Commissioner Cook inquired has someone been escorting the Board Secretaries out; with Mr. Jenkins responding yes. Commissioner Cook noted there is at least one deputy at each meeting; with Mr. Jenkins responding that is correct. Commissioner O'Brien inquired is the same deputy outside; with Mr. Jenkins responding there is a security guard here as well.

Commissioner O'Brien stated he senses a lack of security at the Government Center; he does not know what kind of security measures the County is taking besides having a security and deputy sheriff present; and inquired is there a plan. Chairman Higgs noted Commissioner O'Brien is not just talking about meetings, but in general; with Commissioner O'Brien responding that is correct. Commissioner Cook stated there is also a Sheriff substation at this Complex. Mr. Jenkins advised during the course of the day, there is no security specifically assigned to this facility; the security service starts at approximately 5:00 p.m. and stays until about midnight; and Hugh Muller recently, at Chairman Higgs' request, did an assessment of security needs. He stated this facility is a very open one and, therefore, accessible to people; there is very tight security at the County Courthouses; but it is difficult to have much security at this facility. Commissioner Cook noted the County needs to be careful not to have a chilling affect. Commissioner O'Brien stated the public should feel secure when they come here; perhaps he is being over concerned; but prudence would say the County should have some kind of security plan that goes into action and looks out for things.

Chairman Higgs stated the Board can request the County Manager review the report with the Sheriff to insure the County is taking steps to provide for the safety of the public and the people who work at the Government Center.

Commissioner Scarborough stated to attend the meeting in Washington, he had to get security clearance days in advance; anyone can wander into the Government Center building; there is a desire of the public to feel secure when they enter a public building; and the County owes the public a sense of security that they can attend a Commission meeting and enter a building such as this that is wide open. He noted perhaps the County needs to go beyond the expertise that is within the County and the Sheriff's Department to some of the things that may be coming out of the Oklahoma City events.

Commissioner Cook noted there is an officer with a firearm at every meeting; that is about as good of security as you are going to get at County Commission meetings; his office is in this building; he has not had one single complaint about the security; he does not have any problem reviewing this; but he does not want to have a chilling affect on people coming into the Government Center. He stated he does not believe there is a problem; and you cannot ever have enough security to prevent some nut from doing something crazy.

Commissioner Scarborough stated what the County is trying to address is a facility that people are coming to all the time; probably the building is more secure and people are more attentive to the issues while the Board is meeting; and perhaps the Board can request Mr. Jenkins look into this.

Commissioner O'Brien noted at 3:30 p.m. this afternoon, the Meeting Room doors were unlocked; the room was dark; and perhaps the doors should have been secured so somebody cannot just wander in. He stated some professional people may need to look into the issue.

Commissioner Cook stated he agrees that the public needs to feel secure; and he has no problem with Mr. Jenkins looking into the security issue.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct the County Manager to look into security at the Government Center. Motion carried and ordered unanimously.

Adrin Weedel stated she is a member of the public and wants to feel safe wherever she goes; and she does not mind going through things she has to go through at the airport.

Upon motion and vote, the meeting adjourned at 6:39 p.m.

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)