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8.

CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL APRIL 27, 2004

City Manager Jack Schluckebier accepted the petition on behalf of Council and designated City Engineer Howard Ralls as the contact for Mr. Bierman. Mayor Buckley indicated to Mr. Bierman that the City will verify whether that light is scheduled or close to meeting warrants.

UNFINISHED BUSINESS

ORDINANCE NO. 2004-08: (Second Reading/Public Hearing) An ordinance providing for a moratorium on slot machines within the City of Melbourne. (Postponed by Council -

1/27/04)

From the agenda report:

Council delayed action on this item for 90 days at second

reading during the January 27, 2004 Council meeting, pending assessment of effectiveness of a law enforcement option prior to final action. The City Attorney provided background information as well as an analysis of this issue as it now stands. It is the opinion of the City Attorney’s office that an occupational license moratorium might not be sustained by a court of law and, based on recent actions by the State Attorney and the Melbourne Police Department, that a moratorium is not needed.

City Attorney Paul Gougelman read the ordinance by title and discussed the history of this ordinance. He explained that at the time of second reading, the Police Chief was able to work out an arrangement with the State Attorney on how the law could be enforced. As a result, Council decided to defer second reading for 90 days to allow the normal law enforcement process. Since that time, the Melbourne Police Department has investigated two amusement arcades. Equipment and money have been seized. At this point, the State Attorney is preparing for prosecution and the City is involved in the forfeiture hearing. The 90-day period has ended and the recommendation is for Council to withdraw further consideration of this ordinance. The City has achieved its objective – the Police Department is enforcing the law and the State Attorney’s Office is prosecuting.

Mayor Buckley opened the public hearing.

Betty Upperman, 113 Bauer Drive, Melbourne, stated that the City Council has taken away the entertainment for seniors. She explained that there is no place in this town that

she can go for Upperman noted her mind sharp. entertainment.

entertainment that that a lot of skill is

is as cheap as (a slot machine business).

required

to

play

these

machines

and

playing

Ms.

keeps

She

added

that

seniors

do

not

expect

to

win;

they

go

for

the

fun

and

George Deschenes, Brixton Lane, Satellite Beach, objected to Council calling these

gambling facilities. He said that the games are

allowed wrong.

to have gambling but the counties are Mr. Deschenes stated that the baby

games of not. This boomers

skill. Additionally, the state is is a double standard and it is are arriving with expendable

income. He suggested that a laws around. If we don’t, cities without diversified income.

coalition be formed to like Biloxi (Mississippi)

work towards turning our ancient will flourish and Florida will be left

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