The Board of County Commissioners of Brevard County, Florida, met in special session on February 8, 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, County Manager Tom Jenkins, and County Attorney Scott Knox.

AUTHORIZATION TO TAKE NECESSARY ACTIONS, RE: LAND CLEARING VIOLATIONS IN CANAVERAL GROVES

Commissioner Scarborough advised of land clearing violations taking place in Canaveral Groves by Powell Timber Company. He noted a great deal of trees have been cut down along the right-of-way; and requested the Board authorize the County Attorney to take actions necessary to make sure the laws are complied with.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the County Attorney to take actions necessary to insure the County's laws are complied with regarding land clearing violations in Canaveral Groves by Powell Timber Company. Motion carried and ordered unanimously.

COMMENDATION LETTER, RE: JOEL THOMAS

Chairman Higgs advised Joel Thomas of Cub Scout Pack 322 rescued his little brother; tomorrow night at the Cub Scout banquet they are going to recognize him; and she would like to be able to present a letter of commendation from the Board to this individual.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize the Chairman to present a commendation letter, County cap and patch to Joel Thomas at Cub Scout Pack 322's banquet on February 9, 1995, for rescuing his younger brother. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE REGULATING BINGO

Chairman Higgs called for the public hearing to consider ordinance regulating bingo.

County Attorney Scott Knox briefly summarized a memorandum he provided to the Board when the ordinance was first introduced in October, 1994; stated the Board authorized his Office to prepare the bingo ordinance, taking the most aggressive posture possible in terms of regulating the bingo industry in the County; and that is the way the ordinance was drafted. He noted different alternatives have been presented; it went from no regulation to severe regulation; the Board at that point opted for severe regulation which is what this draft shows; and it can change that if it desires. Attorney Knox explained the different provisions in the ordinance to the Board and audience.

Chairman Higgs explained the proper procedure for addressing the Board.

Mary E. Jones, 855 Montego Bay Drive, Merritt Island, requested the Board reconsider the amount of bingo sessions to be held twice a week; stated she has assisted in getting the younger kids away from drugs and alcohol; they enjoy playing bingo as the seniors do also; and the Board can control the bingo licenses. She noted if there are problems in some establishments, the County can pull those licenses and shut them down; she has worked with different charities, including the Dudas and Tuckers, on raising money for benefits; and the bingos she attends and assists help different charities.

Tom Sobers, 1583 Commodore Boulevard, Melbourne, stated he is in favor of the proposed ordinance; and he believes it will protect the legal charities and help keep out those fly-by-night unauthorized charities and organizations.

Willis Kirk, 11 Carmalt Street, Cocoa, stated a strong effort is being made in the Florida Legislature to try to update and change the Statutes governing bingo; in the past three years, there has been greater priority placed on other things over and above bingo, so consequently, it was tabled for the next year; and this year a strong effort is being made to bring it back again and try to get it passed this year. He noted he has reviewed that ordinance; it is very similar to the one that Brevard County has drafted; and if the Board adopts its ordinance now and later on the State comes forth with its own, he would be ashamed to have to back out of some part of this and look at what the State has put forth. He stated haste makes waste; and inquired why go forward and put something together when it could possibly only be two months when there are new Statutes from the State. Mr. Kirk recommended the Board table the issue for now and wait to see what the State is going to do.

William McDonald, 4575 Comfort Street, Cocoa, representing DAV Chapter 109, stated its bingos which is its sole source of fund raising, has been disturbed savagely by the commercial bingos running in the Cocoa/Rockledge area; he supports the County's proposed ordinance; he does not agree that the Board should wait; and it needs to move rapidly and put the ordinance into effect.

William MacPherson, 1039 Ivanhoe Street, N.W., Palm Bay, Brevard County Charity Bingo Association, stated the proposed ordinance will do what the first speaker wants; it will protect true charity bingos; as far as the Legislature passing a bill, it has tried to pass a bill for the last four years and has failed to do so; and it has never even gotten out of committee. He noted he is very active in the State organization charity bingos that is working with Representative Healy to enact a State ordinance; and he does not believe it will pass one this year either. Mr. MacPherson referenced items in the proposed ordinance that his organization concurs with; and stated the organization would like to see this ordinance adopted, with an additional paragraph that would cover the cities as well as the County area.

Christine D'Agostino, 200 S. Banana River Drive, Merritt Island, stated bingo is her form of socialization; she has reviewed the ordinance; the main thing she objects to is having bingo only two nights a week; and if the County closes down the bingo halls, it is taking away from the smaller charities that do not have the room and facilities to provide a place to hold bingo and raise money.

Chairman Higgs stated there were a couple of questions raised by the speakers; and inquired does the County currently have any license that could be pulled in this situation if a parlor is not operating properly. Attorney Knox responded there are no regulations on bingo; the only thing the County would have is an occupational license; and that would not really be triggered by any violation of the State law. Chairman Higgs inquired what would happen if the State passed a State law. Attorney Knox responded if the State law was inconsistent with the County's ordinance, such law would prevail; and if the ordinance was inconsistent, the County would probably have to go back and look at making it consistent.

Chairman Higgs inquired what language would need to be inserted in the ordinance to make it apply to all of the cities, and where would it be put. Attorney Knox advised the first draft had the language in it; it basically said it would apply to all areas unincorporated and incorporated in Brevard County; and this ordinance was revised at the Board's request after one of the public hearings it held at a previous consideration of the ordinance to unincorporated area only. Chairman Higgs noted the language would be placed on Page 42, Section 38; and inquired what would it read. Attorney Knox advised it would say all areas or all municipalities and the unincorporated area.

Commissioner Cook noted it would require readvertisement of the ordinance; with Attorney Knox responding yes.

Commissioner Ellis stated his concern is 40 pages of ordinance; and the real issue that needs to be addressed is the number of sessions and the jackpots. He inquired what if the County enacted the Florida Statutes governing bingo as a County ordinance; with Attorney Knox responding the County would have the same rules and loopholes that the State has. Commissioner Ellis noted he would like to see something where the County could limit to the State jackpots and one session per day; he does not want to go into 40 pages worth of rules to handle this either; and inquired is there some simpler way and how do you enforce the Florida Statutes on jackpots.

Attorney Knox responded the simple answer is you fill in the loopholes that have been developed in the Statutes; all of that is covered in the ordinance; and such ordinance goes to the extreme in terms of covering every conceivable problem that was raised in the Pennsylvania Crime Commission Report. He noted in terms of whether or not the ordinance could be cut down in scope, yes it can be; the Board needs to identify what issues it wants to hit; and he can address that.

Chairman Higgs stated there were serious questions that people had about the charities to which money was going and whether or not those were truly charities; and some of the information she has seen raises serious questions in her mind that the money was going to a charity that would meet definitions that are generally accepted as a charity; so there are all kinds of questions about the way bingo has been used in Brevard County.

Commissioner Scarborough inquired when would the ordinance be heard again if the Board were to include the municipalities; with Attorney Knox responding in March, 1995.

Chairman Higgs stated she would support extending the ordinance to the municipalities and at their discretion, they would opt out; there were some other items in the ordinance as it is currently drafted that would need a little bit of clarification; and there are some things that need to be cleaned up.

Commissioner Cook stated this is a very restrictive ordinance pertaining to bingo; and there are 40 pages of regulations.

Commissioner Ellis stated he is afraid if this ordinance passes the way it is written that even some of the charities are going to regret they day that it came through this restrictive. Commissioner O'Brien stated if the County finds that out, the Board can always amend the ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Attorney to redraft the bingo ordinance, incorporate comments and amendments in the ordinance, include the municipalities and readvertise said ordinance for two public hearings, and allowing the Commissioners to bring additional amendments they would like incorporated in the ordinance back to the Board in the interim.

Commissioner Ellis stated he is going to vote against the motion; the cities have the option of enacting the County's ordinance word for word if they choose to do so; he prefers not to dictate to the cities; he still has some real concern over 40 pages of regulation and how it is going to affect everybody; and inquired why not stick to the real problem and address that in a very simple ordinance.

Commissioner Cook stated he supports the ordinance; he has some of the same concerns about including the cities; they certainly have the option of passing the County's ordinance verbatim; they have not been consulted; and the Board will find out at the next meeting what the cities' feelings are one way or the other. He noted he is all for the cities taking more responsibility.

Commissioner Scarborough stated one of the thoughts is with the concept of the charter, the County Commission can lead the way; it is not taking away from the cities; but for a city to say they may want to take this, they have to agenda it and have their county attorney review it; they will also have to have public hearings on it; they will be made aware that the County is doing it; and if they do not want it, they can opt out. He advised to take affirmative action takes a lot more time; he believes it will be easier on the municipalities; this is the County's function in the charter; and this is the way Brevard County needs to head.

Commissioner Ellis stated all of the non-profits need to be aware of the ramifications of what is being passed here; the fines and rules apply to everybody; they are very strict and expensive; that is his concern; and a specific problem should be addressed specifically with a small ordinance rather than a broad ordinance.

Commissioner Cook inquired who is going to enforce this, the Sheriff or the County; with Chairman Higgs responding the Sheriff.

Chairman Higgs stated she will support Commissioner Scarborough's motion.

Commissioner Ellis stated the ordinance is too restrictive; the restrictions are going to fall on the charities probably even harder than the businesses; the real problem has been the number of sessions and the jackpot size; that is what the County needs to address specifically; and it is going far beyond that.

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

Chairman Higgs requested those individuals present in the audience to review the ordinance; and if there are questions, they can raise them prior to the next hearing.

Commissioner Scarborough stated the County has a month to work the ordinance; this is not a passing of an ordinance; it is the desire to work an ordinance; and there is some time to make the ordinance better.

Commissioner Cook noted there is an opportunity now to go back and make additional changes and have public comment to perhaps make the ordinance better; the Board has not passed an ordinance yet; and it is only moving it forward for advertisement.

Chairman Higgs stated the date for the public hearings will have to be worked out because the County has to comply with them being after 5:00 p.m.; and interested individuals can contact the County Attorney's Office or the Commission Offices for the set dates.

Upon motion and vote, the meeting adjourned at 6:14 p.m.

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

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