Agenda
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Transcript
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[0:06]
>> Good evening, everybody.
[0:07]
We are here for the
[0:08]
City Council Regular Meeting,
[0:09]
June 4, 2025,
[0:11]
approximately 6:00pm Will you
[0:13]
please join Councilmember Sams
[0:14]
in a moment of silence and the
[0:15]
pledge please?
[0:25]
>> Let's continue with the
[0:26]
pledge.
[0:28]
>> I pledge allegiance
[0:29]
to the flag of the United
[0:30]
States of America and to the
[0:32]
Republic for which it stands,
[0:34]
one nation, under God,
[0:36]
indivisible,
[0:37]
with liberty and justice
[0:38]
for all.
[0:42]
>> Thank you. Next up is the
[0:47]
presentation of the Florida
[0:48]
League of Cities 2025 Youth
[0:50]
Council and Excellence Award
[0:52]
to members of the Satellite
[0:59]
Beach Youth Council.
[1:01]
>> Perfect.
[1:02]
>> Good evening, Mayor, members
[1:03]
of the council, staff,
[1:04]
citizens, and the members
[1:06]
of the Satellite Beach Youth
[1:08]
Council. My name is Erin
[1:10]
Russell and I am the Member
[1:11]
Services administrator
[1:12]
from the Florida League of
[1:13]
Cities, which is located in
[1:14]
Tallahassee, Florida. And just
[1:16]
for the audience members who
[1:18]
may be unfamiliar with the
[1:19]
Florida League of Cities, we
[1:21]
have served as the united voice
[1:22]
for Florida's 411 cities,
[1:25]
towns and villages since 1922.
[1:27]
And our mission has remained
[1:29]
the same since our founding,
[1:33]
which is to protect local
[1:34]
decision making because we
[1:35]
believe local decisions should
[1:36]
be made by those who know their
[1:38]
communities best. And so,
[1:39]
I want to start
[1:40]
by saying thank you
[1:42]
to the city of Satellite beach
[1:43]
for being a dedicated member
[1:44]
of the Florida League of
[1:46]
Cities. And I also want
[1:47]
to give a shout out to your
[1:49]
excellent staff who gave me a
[1:51]
very warm welcome when I came
[1:54]
to City hall this evening.
[1:56]
So, it is my honor
[1:57]
to be here this evening
[1:58]
to present the Satellite
[2:00]
Beach Youth Council with the
[2:03]
Florida League of Cities 2025
[2:05]
Youth Council Excellence
[2:07]
Award. And for this contest,
[2:09]
the league asked youth councils
[2:11]
to submit an initiative that
[2:13]
made significant contributions
[2:14]
to their local municipality.
[2:16]
And this is a statewide
[2:18]
competition that is open
[2:20]
to all youth councils in
[2:22]
Florida. And only three
[2:24]
projects were selected as
[2:25]
winners. And the initiative
[2:27]
that they submitted aimed
[2:30]
to plant trees around the city
[2:32]
while educating future
[2:33]
generations
[2:35]
about the importance of trees.
[2:37]
Through innovative planning,
[2:41]
collaboration and hard work,
[2:43]
the youth Council accomplished
[2:44]
its goals. Increasing youth
[2:46]
engagement,
[2:47]
educating the community
[2:48]
about the environment,
[2:49]
and helping Satellite beach
[2:51]
increase its tree canopy and
[2:52]
vegetation. This project not
[2:54]
only beautified the community,
[2:55]
but also served as a meaningful
[2:57]
educational opportunity
[2:58]
to engage residents
[3:00]
to raise awareness and
[3:03]
to lay the groundwork for long
[3:05]
term environmental stewardship
[3:06]
in Satellite Beach. So,
[3:08]
in addition
[3:10]
to the trophy that I'm here
[3:13]
to present them this. Present
[3:15]
them with this evening, the
[3:16]
Youth council will also receive
[3:17]
a check for $500 to help fund
[3:19]
community projects and to
[3:20]
continue their important work.
[3:22]
So, if I can have the members
[3:24]
of the youth council join me
[3:26]
on behalf of the Florida
[3:28]
League of Cities, I am honored
[3:35]
to present you with the 2025
[3:36]
Youth Council Excellence
[3:37]
Award. Congratulations.
[3:38]
[APPLAUSE]
[4:02]
>> Awesome.
[4:03]
[APPLAUSE]
[4:09]
>> I will say that
[4:10]
this is not an easy
[4:11]
competition. There's a lot
[4:13]
of youth council that put
[4:14]
into it and there was a lot
[4:15]
of worthwhile projects in it.
[4:17]
So that you rose to the top
[4:18]
of that is not an easy feat
[4:20]
to do. So, congratulations.
[4:21]
Well done on that. Again, it
[4:24]
was well earned. Do that. And
[4:27]
we appreciate what your project
[4:28]
was. I think back a few years
[4:32]
when we were still planting
[4:35]
trees and taking trees out to
[4:36]
Citizens house and stuff
[4:37]
like that. It's important that
[4:38]
we keep doing that. I think
[4:40]
everybody thinks that's a
[4:41]
worthwhile project and I think
[4:42]
it's great that you guys took
[4:43]
that on and spearhead that keep
[4:44]
going that direction. So, thank
[4:46]
you again for that.
[4:48]
Congratulations on that. Well
[4:49]
earned, well done.
[4:52]
[APPLAUSE]
[4:59]
All right,
[5:00]
next is citizens comments.
[5:01]
This is citizens comments
[5:03]
on non-agenda items. If anybody
[5:05]
cares
[5:06]
to come up and speak.
[5:18]
>> Hello. Hello. Lois Felder,
[5:20]
Oceana. I just want
[5:22]
to say I am delighted that all
[5:24]
of your traffic control boxes
[5:31]
have been paid for
[5:33]
to be wrapped. I would just
[5:35]
like to know how fast the
[5:37]
wrapping will take place. Do we
[5:40]
have any left? They should be
[5:41]
done
[5:42]
within the next three weeks.
[5:45]
And then there's one left that
[5:46]
still needs to be ordered,
[5:48]
so it'll probably be closer to
[5:51]
after a month or so. Perfect.
[5:53]
Great. One other thing, and I
[6:03]
don't know if somebody here
[6:04]
would have the answer,
[6:06]
but once upon a time,
[6:07]
way back. When I asked to get a
[6:09]
waste disposal garbage can, I
[6:14]
guess, at the bus stop. That's
[6:16]
right. Right by Oceana, because
[6:19]
people were sitting
[6:20]
on our little wall and right
[6:25]
by the bus stop waiting
[6:28]
for the bus. And just dropping
[6:29]
all of their stuff. All
[6:30]
over the place. And I
[6:32]
photographed it and lo and
[6:33]
behold, Public works put a
[6:35]
trash can attached to the bus
[6:38]
stop and actually picked up
[6:41]
trash from time to time. It's
[6:44]
gone. Why is it gone? Who knows
[6:53]
where it went and who can put
[6:55]
it back? Mystery.
[7:06]
>> Citizens comments still open,
[7:09]
please.
[7:22]
>> Hey, good evening,
[7:24]
everyone. Thank you, Mayor
[7:25]
Osmer and city council members
[7:28]
for giving us a few minutes
[7:30]
to speak today. My name is
[7:31]
Andrew Robineau, and I'm
[7:34]
standing beside my wife
[7:35]
Madison, and my parents, Tina
[7:36]
and Dan Robineau. I'm really
[7:37]
excited
[7:38]
to share some awesome news
[7:39]
with you all.
[7:40]
Through the incredible support
[7:41]
of our community, we raised
[7:42]
$7,765 during this year's Tee
[7:43]
it up for Maddie golf
[7:46]
tournament. This is money that
[7:48]
will go directly towards
[7:49]
supporting Satellite beach
[7:51]
youth athletics between the
[7:53]
football and baseball programs.
[7:55]
This Event means a lot
[8:01]
to us as a family. Not just
[8:02]
because of what it raises,
[8:03]
but because of who it honors.
[8:04]
My brother, Matthew Robino, a
[8:06]
young man who grew up right
[8:07]
here, Beachside and was deeply
[8:08]
involved in the variety
[8:10]
of youth sports offered here.
[8:12]
This tournament is all
[8:15]
about keeping Matthew's spirit
[8:17]
and legacy alive by supporting
[8:18]
the various areas that he
[8:19]
loved,
[8:20]
including youth athletics.
[8:23]
With this money raised,
[8:24]
we're able to fund the new
[8:25]
scoreboard just south
[8:26]
of us here at Hedgcock Field
[8:27]
and provided some relief
[8:28]
to the Beachside Little League
[8:30]
after some unforeseen damage
[8:32]
that occurred
[8:37]
to the scoreboard. We're also
[8:39]
donating a portion
[8:40]
of the funds to the Satellite
[8:42]
Beach Youth Football and Cheer
[8:44]
association to help
[8:45]
with some equipment upgrades
[8:46]
for this upcoming season. So,
[8:47]
looking ahead, we're hoping to
[8:49]
take that tribute even further
[8:50]
for Matthew. One
[8:51]
of our goals is
[8:52]
to eventually have the DeSoto
[8:53]
baseball field named in
[8:54]
Matthew's honor and assist
[8:56]
in a scoreboard commemoration
[8:57]
for him, similar
[8:59]
to what we have for Zach
[9:00]
Seeley
[9:01]
with the football field there.
[9:02]
For him and his family,
[9:04]
this is a park that's special
[9:05]
to our family and has many fond
[9:06]
memories on the ball field.
[9:07]
Together, we feel like this
[9:08]
would complement the tribute
[9:10]
bench that we have for Matthew
[9:11]
along the sidewalk just north
[9:12]
of the outfield fence.
[9:17]
Ultimately, we'd like to
[9:18]
continue partnering and raising
[9:20]
money through the Tee it Up
[9:22]
for Maddie golf tournament and
[9:24]
then other events as well
[9:25]
to assist with community
[9:26]
enhancements and projects
[9:28]
in the area. On behalf of my
[9:29]
family and our friends and all
[9:31]
those involved
[9:33]
with the money that was raised
[9:35]
for this event, thank you for
[9:36]
this opportunity. I look
[9:38]
forward to working
[9:39]
with the city
[9:40]
on areas that we can help
[9:41]
in the future to continue
[9:43]
making this town the best place
[9:44]
to grow up and to live. God
[9:45]
bless you all. Thank you.
[9:46]
[APPLAUSE]
[10:20]
>> Thank you very much.
[10:21]
>> Thank you very much.
[10:22]
>> Thank you so much
[10:32]
for your community support. We
[10:33]
really appreciate that. We
[10:34]
really do.
[10:49]
>> Thank you, citizens.
[10:50]
Comment is still open if
[10:52]
anybody else cares to comment
[10:54]
on a non-agenda item hearing
[10:55]
none. I'll bring it back up
[10:56]
here. Next item is city council
[10:57]
comments. I'll start
[10:58]
with you. Oh, wow. So, I'll
[10:59]
just want
[11:00]
to reiterate the
[11:01]
congratulations
[11:03]
to the youth council and as
[11:05]
well to the tee it up for
[11:06]
Maddie. I have to admit,
[11:08]
if I had known, I would have
[11:10]
participated. I'm not a good
[11:11]
golfer, but I can play. So just
[11:14]
remember that next year.
[11:18]
>> Thank you again.
[11:20]
>> Thanks, Mike.
[11:22]
>> Good afternoon, everyone. I
[11:24]
attended the lunch and learn
[11:25]
for the hurricane preparedness.
[11:27]
That was fantastic. You know,
[11:29]
part of our goals is
[11:30]
to outreach and get citizens
[11:32]
Involvement and we had. It was
[11:34]
in this chamber because of the
[11:35]
voting and I sat up front,
[11:36]
but I think every seat
[11:37]
behind me was full. We had a
[11:40]
range of citizens here
[11:41]
from I just moved in,
[11:42]
I have no idea what to do or
[11:44]
I've been here a lifetime and I
[11:46]
still want to learn. So, I
[11:48]
think that really is the
[11:49]
essence of who we are as a
[11:51]
society and who we are as a
[11:52]
community
[11:54]
with our leadership here. Fire
[11:57]
department is represented,
[11:58]
Police was represented. Alan
[12:00]
Potter's here from Public
[12:02]
Works. Everybody just did a
[12:04]
great job rolling through that
[12:06]
and getting the information
[12:08]
out. Some
[12:09]
of the information was,
[12:10]
what's a shelter? What do you
[12:12]
bring in the shelter? I have
[12:13]
special needs, I have pets.
[12:15]
And we worked
[12:16]
through all that stuff. So, all
[12:17]
those little things you don't
[12:19]
think about until the day of,
[12:21]
they brought it to the surface
[12:26]
and that was really a big
[12:27]
positive. And I think some
[12:29]
of us,
[12:30]
more than me attended the
[12:31]
Edwin Hartman and Philip Flagg
[12:33]
wreath laying ceremony last
[12:35]
Friday. Chief Pearson did a
[12:36]
fantastic job. Stellar,
[12:37]
heartfelt ceremony of
[12:39]
remembrance and that was really
[12:45]
what this city is about also.
[12:46]
So that's what I have.
[12:49]
>> Thanks, Mike.
[12:51]
>> I'll be brief. I want
[12:54]
to couple comments on the
[12:55]
Citizen comments. Thank you all
[12:57]
to organizations supporting the
[12:58]
city, doing something positive
[13:00]
out there. And thank you very
[13:02]
much. I want to thank Ms.
[13:03]
Felder and hold her up as an
[13:05]
example to anyone
[13:07]
out there who's watching.
[13:10]
Thank you for your stick
[13:12]
to activeness and, you know,
[13:22]
holding us accountable. And,
[13:23]
you know, if you're
[13:24]
out there, please come
[13:25]
to meetings, share your ideas.
[13:26]
Like her idea was a good one
[13:28]
and it's gotten carried out.
[13:29]
You know, yours may or may not
[13:30]
be achievable, but we don't
[13:31]
know unless you come and tell
[13:32]
us. So, I hold her up as an
[13:33]
example of someone who's come
[13:35]
over and extend a period
[13:36]
of time, you know, stated an
[13:37]
idea and now it's happening.
[13:39]
So, I commend you and I
[13:40]
encourage others to come out
[13:43]
here because there's no
[13:44]
limitation on good ideas. And
[13:45]
we don't know unless you tell
[13:46]
us. The Youth Council.
[13:47]
Congratulations to all of them
[13:48]
for their hard work and thank
[13:50]
you for coming down here from
[13:52]
Tallahassee to honor them.
[13:54]
Last thing I want to say,
[13:55]
this came to me spontaneously
[13:56]
as I was pulling in, but I saw
[13:58]
a very relaxed citizen named
[14:00]
David Abernathy riding his bike
[14:02]
with his dog as I was pulling
[14:03]
in here. And so,
[14:06]
it's a pleasure to see Chief
[14:08]
Dangler out there,
[14:11]
but that brought a smile
[14:13]
to my face. So that's all I
[14:14]
have.
[14:16]
>> Thank you. We had a busy
[14:17]
month of May
[14:19]
since we last met. So, a couple
[14:20]
of things. I just wanted
[14:21]
to thank city staff
[14:23]
for joining us at Surfside
[14:24]
for bike to school day. We had
[14:26]
city manager and police and
[14:27]
fire there with us. That was a
[14:28]
great way
[14:29]
to start the morning. Thank you
[14:31]
to everyone involved with all
[14:34]
the graduation festivities,
[14:35]
from hanging banners to helping
[14:37]
run the parade and keep the
[14:39]
kids safe during the parade.
[14:41]
Thank you for allowing me
[14:43]
to stand in your place
[14:44]
at graduation.
[14:46]
>> Represented us well.
[14:49]
>> We, we were a little afraid
[14:51]
that the weather was not going
[14:52]
to cooperate and started a
[14:53]
little late,
[15:05]
but it was perfect. It was
[15:06]
perfect. So. And again, the
[15:08]
Hartman flag ceremony is a very
[15:09]
special one in the city and I
[15:10]
hope that continues. I'm glad
[15:11]
that you continue
[15:12]
to do that year after year and
[15:13]
honor their memory and their
[15:14]
service to our city. So, and
[15:15]
again, of course
[15:16]
to our youth council,
[15:17]
Congratulations. Anna and
[15:18]
Cassie and Linda, thank you for
[15:19]
running that group and keeping
[15:20]
it going strong. I look forward
[15:21]
to seeing what they do again
[15:22]
next year. And Erin, thank you
[15:23]
for joining us as well. And the
[15:24]
Robin O family, thank you for
[15:25]
taking something really tough
[15:27]
and sad and turning it
[15:28]
into something really,
[15:29]
really special
[15:30]
to year golf tournament. Thank
[15:31]
you.
[15:32]
>> Can I hop on really quick?
[15:35]
>> I was remiss
[15:43]
in not mentioning thank you
[15:44]
to all the public safety folks.
[15:45]
As a Surfside parent, both my
[15:47]
son and my wife commented
[15:48]
on that and how awesome it was.
[15:49]
Someone called my son out
[15:50]
in a positive way
[15:51]
for having his helmet
[15:52]
on specifically and that
[15:53]
like made his day. He came and
[15:54]
told me, look,
[15:55]
I got positive feedback.
[15:56]
Feedback which he loves. So,
[15:57]
thank you all
[15:58]
for that.
[15:59]
>> I am not going to add
[16:00]
anything further. We'll just
[16:03]
keep on moving along
[16:04]
with this. Next up is city
[16:06]
attorney's report.
[16:14]
>> Jim, I have something this
[16:15]
evening regarding the sale
[16:17]
of the 15-foot strip
[16:19]
around the property for Arctic
[16:20]
rays. The title company is
[16:24]
requiring a resolution instead
[16:29]
of the motion that was
[16:31]
previously approved. So, I have
[16:34]
a resolution prepared. There's
[16:36]
an additional item
[16:38]
in here that we didn't discuss,
[16:39]
which is paragraph three that
[16:41]
talks about the waiver
[16:45]
of mineral rights. So, they
[16:46]
just want that specifically
[16:49]
addressed. So that's been
[16:50]
included in the resolution.
[16:51]
But other than that, the
[16:53]
resolution is essentially
[16:54]
exactly the same as the.
[16:56]
>> You couldn't get them
[16:58]
to write over this, Jim?
[17:02]
>> No, they wanted to. Well,
[17:03]
originally, they wanted to
[17:05]
include other stuff that
[17:06]
applies to counties, you know,
[17:08]
basically declaring surplus and
[17:09]
all that kind of stuff. So,
[17:10]
it's like this is,
[17:13]
this is what they wanted. They
[17:16]
also questioned whether or not
[17:17]
the city manager can Sign the
[17:20]
deed, which I'll have to deal
[17:21]
with later. But unlike the
[17:23]
county where the statute
[17:24]
requires, there's a specific
[17:26]
statutory form for counties,
[17:27]
but there isn't one
[17:28]
for cities. And the chair or
[17:29]
vice chair has to sign any D
[17:30]
to conveyance.
[17:32]
But our charter is not.
[17:33]
Doesn't say anything
[17:34]
specifically about it, but it
[17:35]
says that the mayor will sign
[17:37]
it unless the charter or the
[17:38]
city council directs otherwise.
[17:40]
Which is what the motion did.
[17:42]
It directed that the city
[17:43]
manager can do it,
[17:44]
but I'll resolve that later.
[17:47]
The mayor may have to sign it.
[17:48]
I don't know that. I'll deal
[17:50]
with that. All right,
[17:52]
that's it. We just need a
[17:55]
motion
[17:56]
to approve the resolution. I
[17:57]
got to read it. Resolution
[18:01]
number 1073, a resolution
[18:03]
of the city of Satellite
[18:05]
Beach, Brevard County,
[18:07]
Florida, ratifying prior action
[18:09]
of city council approving
[18:10]
executive execution
[18:11]
of and closing of sale with
[18:12]
Arctic Rays LLC, waiving any
[18:14]
mineral rights as provided in
[18:15]
Section 270.11 Florida
[18:17]
Statutes to the property
[18:18]
to be conveyed to Arctic Rays
[18:20]
LLC,
[18:21]
providing an effective date.
[18:22]
That's a reading
[18:23]
of resolution number 1073.
[18:26]
>> I'll make a motion
[18:27]
to approve resolution number
[18:28]
1073 as presented.
[18:32]
>> Second.
[18:35]
>> I have a motion and a
[18:36]
second. Is anybody else up
[18:37]
here? Ready? So basically,
[18:39]
it's the same thing. Same thing
[18:41]
we discussed before.
[18:42]
>> Yes.
[18:43]
>> We're just putting it a
[18:44]
resolution.
[18:45]
>> Correct.
[18:46]
>> May I ask a question, just
[18:48]
out of curiosity? The part that
[18:50]
had to be added
[18:51]
in waiving any mineral rights,
[18:52]
what does that mean?
[18:55]
>> There's a statute that
[18:58]
section that's cited in there
[19:00]
basically provides that
[19:01]
provides for how mineral rights
[19:07]
are addressed in conveyances
[19:08]
by governmental entities. And
[19:10]
if you don't waive it,
[19:11]
it's reserved. And so,
[19:13]
if the city doesn't execute
[19:16]
this, then there will be what
[19:22]
they call an exception
[19:23]
to the title policy
[19:29]
for that mineral rights. And I
[19:30]
mean council can do that too if
[19:31]
it chooses to,
[19:32]
but all it is a 15-foot strip
[19:33]
around the building or around
[19:35]
the property is what it is.
[19:37]
And the city's still going
[19:38]
to have an easement
[19:39]
over that same 15ft too,
[19:40]
so.
[19:42]
>> Okay, thank you.
[19:46]
>> Anything on that?
[19:47]
>> I was also curious.
[19:48]
>> Thanks for asking. I was
[19:49]
expecting somebody be digging
[19:50]
for gold or uranium or
[19:52]
something.
[19:54]
>> No, actually what. What it
[19:55]
really applies to is more. I
[19:56]
mean where it has historically
[20:00]
come up in Florida, I guess
[20:01]
for lack of a better way
[20:02]
of putting it is in is the
[20:04]
phosphorus mines and things
[20:05]
like that.
[20:06]
>> Right.
[20:09]
>> Okay.
[20:12]
>> But when we agreed
[20:13]
to set this is one
[20:15]
of the proverbial bundles of
[20:16]
sticks which two private
[20:17]
parties would be conveyed. But
[20:18]
because there's this statute,
[20:19]
we're just kind of clarifying
[20:21]
our intention that we intended
[20:22]
to convey everything.
[20:23]
>> Correct.
[20:24]
>> Is that a good way
[20:25]
to summarize it?
[20:26]
>> Yes. All right,
[20:29]
I'll open up
[20:30]
for citizens comments
[20:32]
since we're voting
[20:37]
on if anybody wants to comment
[20:43]
on this. All right. Hearing
[20:44]
None.
[20:45]
[ CALLING ROLL]
[20:48]
>> The motion passes.
[20:51]
>> I have nothing else.
[20:52]
>> Thank you, Jim. All right,
[20:53]
next up, City Manager Brittany
[20:55]
thank you, Mayor.
[20:56]
>> So, our summer classes began
[20:57]
this past Monday, June 2nd.
[20:59]
There are still some spots
[21:00]
available for the summer
[21:01]
activity registration,
[21:02]
so sign up today
[21:03]
for the incredible summer camps
[21:04]
by visiting satellitebeach.gov
[21:06]
recreation or give them a call
[21:07]
to choir about availability.
[21:08]
Flag Day is next Saturday,
[21:09]
June 14th where we honor the
[21:12]
symbol of our freedom,
[21:15]
unity and pride. Join us at
[21:17]
City Hall. Flags will be raised
[21:19]
at 7:30 and retired at 5pm
[21:20]
Soak up the summer with
[21:22]
connection and community
[21:23]
business. Networking events
[21:25]
will be held next Thursday,
[21:27]
June 19th. I'm sorry,
[21:29]
in two weeks June 19th at 5:30
[21:30]
at Cadillac Cove
[21:31]
in the VIP room. Be sponsored
[21:32]
by CO Advantage. Mark your
[21:34]
calendars for Go Skate Day
[21:36]
Satellite beach skate Park on
[21:38]
June 21 from 4pm There will be
[21:40]
contests, giveaways,
[21:42]
live music and food trucks.
[21:44]
Come out and enjoy the fun.
[21:46]
Our Recreation Department is
[21:47]
holding a special community
[21:48]
event introducing
[21:50]
neurodivergent children
[21:51]
to the 911 response system on
[21:53]
June 23rd and 24th. This event
[21:54]
is aimed
[21:57]
at reducing anxiety and fear
[21:58]
in real life emergencies.
[22:00]
Participants will meet city
[22:02]
police officers, firefighters
[22:03]
and paramedics interacting with
[22:07]
their vehicles and equipment.
[22:08]
Equipment ending in a
[22:10]
demonstration mimicking a
[22:11]
real-life emergency.
[22:12]
For more information,
[22:14]
contact our Recreation
[22:15]
Department. Our Police
[22:16]
department received a thank you
[22:17]
from the 55 Plus Club
[22:18]
for their participation
[22:20]
in the 1920 speakeasy event.
[22:21]
The event was a huge success
[22:22]
thanks to the team's
[22:23]
outstanding performance and
[22:24]
creativity,
[22:26]
creative energy. A Special
[22:27]
thanks to Lt. Kinsey
[22:29]
for excellent coordination.
[22:30]
The team brought fun and
[22:32]
laughter to the community and
[22:37]
now proudly recognized as an
[22:39]
honor Honorary member of the
[22:47]
Fun Department.
[22:48]
>> What was your role Chief
[22:49]
in that speakeasy?
[22:50]
>> The Brevard County Natural
[23:02]
Resource Department kindly
[23:03]
shared photos of the co
[23:04]
plannings that were done
[23:05]
following the recent beach
[23:06]
renourishment. The coats are
[23:07]
thriving and appear to be
[23:08]
in excellent condition,
[23:09]
contributing positively to
[23:10]
restored dune environment and
[23:11]
there were pictures of that
[23:12]
in the attachment. As an
[23:13]
update, we did finally get the
[23:14]
final cost
[23:15]
for the senior banners. It was
[23:16]
$6,740 and as of May 27th when
[23:17]
this report was printed,
[23:18]
we had received $635
[23:19]
in donations to that. The rest
[23:20]
of my report has the community
[23:21]
development department activity
[23:22]
along with all the other
[23:23]
department's activities
[23:24]
for the month of April. And
[23:25]
at your next meeting,
[23:26]
we'll have all of the activity
[23:27]
for the month of May. And that
[23:28]
is all I have.
[23:34]
>> Mayor, thank you very much.
[23:35]
Moving on to agenda item 8,
[23:36]
which is the consent agenda,
[23:39]
and there are 1, 2, 3, 4, 5
[23:42]
items on there. We can take
[23:44]
them all as one. Unless
[23:45]
somebody would like
[23:47]
to pull an individual one out
[23:49]
to discuss.
[23:51]
>> I've got a correction
[23:56]
for the minutes.
[24:00]
>> Okay.
[24:01]
>> On page four,
[24:02]
the second action item, there's
[24:04]
a scrivener's error that refers
[24:05]
to me as vice mayor body. Not
[24:07]
to be confused
[24:08]
with the former Minnesota
[24:09]
governor as not a known AKA
[24:10]
gotcha. I confess to doing that
[24:14]
myself quite often.
[24:15]
>> All right,
[24:21]
so we have that added to it.
[24:28]
Anybody else have any other
[24:30]
questions, concerns
[24:31]
with that? No. If not,
[24:32]
I'll entertain a motion to. To
[24:33]
accept the consent agenda.
[24:34]
>> Mayor, there is a gentleman
[24:35]
who wants. Oh, no,
[24:36]
never mind.
[24:37]
We thought it was consent,
[24:38]
but it's not. Never mind.
[24:39]
>> Okay. Move forward.
[24:40]
>> I'm sorry.
[24:41]
>> No worries. Do I have a
[24:42]
motion
[24:43]
for the consent agenda?
[24:44]
>> So, moved.
[24:45]
>> Okay, I got a motion. Do I
[24:46]
have a second?
[24:47]
>> I'll second
[24:48]
with that correction.
[24:52]
>> Thank you. Anything further
[24:53]
up here on that, Gwen?
[25:00]
>> [ CALLING ROLL]
[25:05]
>> Consent agenda passes.
[25:07]
Moving on to agenda item 9.
[25:09]
Discuss, take action
[25:11]
on automatic aid agreement
[25:12]
between the city of Indian
[25:14]
harbor beach and the city of
[25:15]
Satellite beach for fire
[25:17]
protection and emergency
[25:19]
services. Hello, Chief.
[25:21]
>> Hello. How are you? All
[25:24]
right. So, we've currently had
[25:25]
an automatic aid agreement
[25:27]
with Brevard County Fire rescue
[25:28]
for over 15 years. One
[25:30]
of the things Chief Abernathy
[25:32]
was working on prior to his
[25:33]
retirement was an automatic aid
[25:35]
agreement with the city of
[25:36]
Indian Harbor Beach Fire
[25:38]
Department and Patrick's
[25:40]
Space Force Fire Department.
[25:42]
An automatic aid agreement
[25:44]
allows for its more formalized
[25:50]
agreement for shared resources
[25:51]
for both fire and emergency
[25:53]
medical services to where if
[25:54]
it's a specific call comes in;
[25:56]
specific units will be
[25:57]
dispatched accordingly. And
[25:58]
it's a more formal agreement
[25:59]
than a mutual aid agreement?
[26:00]
This agreement was brought
[26:02]
before the Indian Harbor beach
[26:03]
city council on May 13 and
[26:04]
approved. And now we're
[26:06]
bringing it before you.
[26:07]
>> So is the big difference
[26:08]
between the two,
[26:09]
the mutual aid is more they
[26:12]
call for us and then we go, and
[26:14]
automatic we're just going.
[26:15]
>> Typically, the mutual aid
[26:16]
agreement, when the on scene
[26:18]
incident commanders realize
[26:19]
that the incident has grown
[26:21]
beyond their resources, they'll
[26:22]
request additional resources.
[26:23]
That way the automatic aid is
[26:25]
more streamlined
[26:27]
to where we get a call
[26:29]
for a structure fire.
[26:30]
Specific Brevard County Fire
[26:32]
rescue units would be
[26:33]
dispatched with us. That's how
[26:35]
it works with Brevard.
[26:36]
With this one,
[26:38]
it would be the same
[26:39]
to where if Indian harbor beach
[26:40]
gets a call
[26:42]
for a structure fire,
[26:43]
rather than waiting
[26:44]
for the units to get on scene
[26:45]
and verify that they need us,
[26:46]
we would be dispatched almost
[26:48]
immediately. It would decrease
[26:51]
response times, especially in
[26:52]
those time sensitive incidents.
[26:53]
>> Excellent.
[26:54]
>> Indian harbor beach has an
[26:55]
official fire department now.
[26:56]
Are they still volunteer in
[26:57]
New York?
[26:58]
>> Beach is still volunteer.
[26:59]
About a year and a half ago,
[27:00]
they did hire their first full
[27:01]
time fire chief. They are
[27:02]
working
[27:03]
on becoming a combination, both
[27:04]
career and paid fire
[27:05]
department. They just began
[27:06]
on Monday responding
[27:07]
to medical calls in their city
[27:08]
as a first response agency.
[27:09]
So, this way,
[27:10]
if they do get two medical
[27:11]
calls at the same time and
[27:14]
their units are Busy
[27:24]
on the 1st, they would be able
[27:26]
to call us to back them up.
[27:27]
And then as they grow,
[27:28]
we would be able
[27:29]
to do the same with them.
[27:30]
With this formalized agreement,
[27:31]
would we be deployed
[27:32]
on a fire alarm in Indian
[27:33]
Harbor?
[27:34]
>> Traditionally, just
[27:36]
like ours, all
[27:40]
of our condos we handle, they
[27:41]
would still be handling their
[27:42]
regular fire alarms. I'm not
[27:43]
sure if they're going
[27:44]
to include us on their
[27:45]
commercial fire alarms,
[27:46]
but mostly it's going to be
[27:47]
their structure fire responses.
[27:48]
>> What would be the additional
[27:50]
burden you feel would happen
[27:51]
when this comes into play where
[27:53]
it becomes more automated?
[27:58]
In other words, instead of them
[28:00]
confirming I actually have a
[28:01]
problem?
[28:02]
>> Traditionally we've had four
[28:03]
calls for service this year
[28:04]
in harbor beach, we usually
[28:06]
average five or six. I imagine
[28:10]
with them calling us earlier
[28:12]
for,
[28:13]
for more structure fires,
[28:14]
we would get dispatched to a
[28:15]
couple more that might not turn
[28:16]
out
[28:17]
to be a structure fire and we
[28:18]
may be canceled on. And
[28:19]
in addition, with them doing
[28:20]
the first response portion,
[28:21]
we're not real certain how many
[28:23]
medical calls that they run,
[28:24]
especially concurrent ones.
[28:25]
So, they've started it Monday
[28:27]
and I believe they've had one
[28:28]
medical call since Monday.
[28:29]
So, in order for them
[28:30]
to get two calls to have
[28:33]
to call us, that's something
[28:34]
that we're going
[28:35]
to keep an eye on over the next
[28:36]
year and see what kind
[28:37]
of impacts it'll have
[28:39]
to us.
[28:40]
>> With this wind, up being
[28:41]
somewhat tailorable as far as
[28:42]
we move forward,
[28:43]
we realize that we're,
[28:45]
let's just say,
[28:46]
depleting the resources we have
[28:47]
in the city because we're going
[28:48]
to something that isn't
[28:49]
important, not because
[28:52]
of its. Indian Harbor. It's not
[28:53]
important because there really
[28:55]
was not an incident because the
[28:56]
automated system brought you
[28:58]
out, but there was nothing
[28:59]
there. I mean, is that
[29:00]
tailorable as we move forward?
[29:01]
>> It is tailorable. There are
[29:03]
severabilities. There's
[29:05]
definitely stuff for. If we do
[29:06]
start to use some
[29:09]
of our fiscal resources, which
[29:11]
on medical calls, a lot
[29:12]
of that would be covered under
[29:13]
the first responder agreement.
[29:14]
So, we would be able
[29:15]
to get those calls back
[29:16]
from that financial money back
[29:17]
from Brevard County Fire
[29:18]
Rescue if the patients
[29:19]
transported and
[29:20]
on a fire. I mean,
[29:21]
we've been responding
[29:22]
to structure fires
[29:23]
in harbor beach for years.
[29:24]
So, I imagine if we see a big
[29:25]
intake towards where we start
[29:26]
seeing our citizens not getting
[29:27]
the. The services because we're
[29:29]
depleting our resources, that's
[29:34]
something that we could address
[29:35]
with them.
[29:39]
>> But we. And we already have
[29:40]
something like this in place
[29:41]
with the county.
[29:42]
>> Yes, we've had an auto 8
[29:43]
agreement with the county for
[29:44]
over 15 years.
[29:45]
>> Okay.
[29:46]
>> So, Patrick Shores, north
[29:47]
of us, we've been doing this
[29:48]
exact same thing
[29:49]
with them with.
[29:50]
>> With 62's area.
[29:51]
>> Correct. All right,
[29:53]
thank you. Good questions.
[29:54]
Thank you.
[29:55]
>> Yeah, and that gets to my.
[29:56]
Like I said,
[29:57]
because obviously if there's a
[29:58]
fire,
[29:59]
we want anyone who can help us,
[30:00]
certainly trained professionals
[30:01]
going to assist.
[30:03]
>> Is there a concern about? I
[30:05]
mean, heaven forbid you have
[30:07]
two fires. How do you. Is that
[30:10]
an issue where you have
[30:12]
resources that are needed in
[30:15]
the city being expended
[30:16]
elsewhere? Is that a
[30:19]
foreseeable concern
[30:20]
from your perspective?
[30:22]
>> It always is a foreseeable
[30:23]
concern where if we do get a
[30:24]
structure fire in 62's area,
[30:28]
which I'm using them just
[30:29]
because we've had the agreement
[30:30]
with them the longest,
[30:31]
traditionally, if we are going
[30:32]
to be on that fire
[30:33]
for a little bit as part
[30:34]
of it, we will ask for either
[30:36]
Melbourne to send
[30:37]
over an engine or somebody to
[30:38]
backfill our area if we're
[30:39]
going to be out of service
[30:40]
for a while.
[30:42]
>> On a fire in 62, that's the.
[30:43]
>> That's the station on fire
[30:44]
by Sea Park.
[30:45]
>> Okay. Yeah. Okay.
[30:46]
>> So, you call if you. If
[30:48]
it's. If it's a structure fire
[30:49]
and you know you're going
[30:50]
to have resources deployed,
[30:51]
you call for potentially back
[30:53]
backfills.
[30:54]
>> Okay.
[31:01]
>> Yeah, we'll try to backfill
[31:02]
the beach as much as possible,
[31:04]
because if it is a large
[31:05]
structure fire,
[31:13]
then you will deplete both
[31:14]
62, 63, harbor and us. So,
[31:15]
we'll. We'll start grabbing
[31:16]
resources from further away
[31:18]
to come in and backfill not
[31:22]
only our area,
[31:23]
but 62s as well. Okay.
[31:25]
>> And this is trying to think
[31:26]
of a better. And lightning
[31:32]
striking twice. But, you know,
[31:33]
like the chance in your career
[31:34]
you've not seen a situation
[31:35]
where you have multiple kind
[31:36]
of at the same.
[31:37]
>> At the same.
[31:39]
>> At the same time.
[31:41]
>> We have a couple times.
[31:42]
Notably one,
[31:43]
we had a structure fire in our
[31:44]
city that our units were at.
[31:45]
And as I was responding
[31:46]
to that call, we got a report
[31:49]
of another structure fire and
[31:50]
actually called Indian harbor
[31:51]
beach to respond to that fire
[31:52]
for us. It turned out that one
[31:53]
was a structure fire and the
[31:54]
one that harbor went
[31:55]
to was not a structure fire,
[31:56]
but we were able to, through
[31:57]
the mutual aid agreement,
[31:58]
call Harbor.
[31:59]
>> That's definitely.
[32:00]
>> It's a benefit too, because
[32:01]
in that situation you
[32:02]
theoretically ask what the
[32:03]
county, you know, Harbor,
[32:04]
Beachside, Melbourne, I guess
[32:05]
in theory.Are they involved?
[32:06]
>> Melbourne comes
[32:07]
from the mainland,
[32:08]
but we're also working
[32:09]
on an agreement with Patrick
[32:10]
Space Force Base as well.
[32:11]
>> Okay, sounds good.
[32:12]
>> Yeah. Because I think this
[32:13]
works the same thing. Even if
[32:14]
we had a. A big structure fire
[32:15]
and all of.
[32:16]
>> Our units are there,
[32:17]
we can get.
[32:18]
>> The county or someone else
[32:19]
to kind of basically show up
[32:20]
at our station and stand by in
[32:21]
case another call would come
[32:22]
out.
[32:23]
>> That works, right?
[32:24]
>> Thought that happened
[32:25]
before.
[32:26]
>> Is there any downside
[32:27]
to this?
[32:28]
>> I think we're going to have
[32:29]
to study the agreement
[32:30]
depending on calls,
[32:31]
and we will keep an eye
[32:32]
on it. If we do start seeing
[32:33]
ourselves respond to a lot of
[32:34]
calls as far as a medical call,
[32:35]
we're still going to keep one
[32:37]
of our engines in our city
[32:38]
for those. I mean,
[32:39]
it's just something we're going
[32:41]
to track and keep an eye on.
[32:42]
>> Thank you.
[32:47]
>> Anybody else up here? If
[32:49]
not, I'll open it up
[32:50]
for citizens. Comment
[32:52]
on agenda item 9. If anybody
[32:53]
cares to comment
[32:54]
on that hearing. None. I'll
[32:59]
bring it back up here.
[33:03]
There're no other questions up
[33:04]
here. I'll take a motion to
[33:06]
approve this.
[33:08]
>> I'll make a motion to
[33:09]
approve automatic aid agreement
[33:11]
between the city of Indian
[33:12]
harbor beach and the city of
[33:13]
Satellite beach for fire
[33:14]
protection and emergency
[33:16]
services.
[33:17]
>> Second.
[33:21]
>> Okay, I have a motion a
[33:22]
second. So, nothing any
[33:23]
further.
[33:27]
>> [ CALLING ROLL]
[33:34]
>> Motion passes.
[33:35]
>> Thank you, Chief.
[33:39]
>> Thank you.
[33:40]
>> Next up, agenda item 10.
[33:41]
Discuss take action
[33:42]
on lease agreement
[33:43]
between the city of Satellite
[33:44]
beach and PCI Municipal
[33:45]
services.
[33:47]
>> Thank you, Mayor. So, this
[33:48]
item is coming to you because
[33:50]
originally when PCI was
[33:51]
contracted with the city,
[33:52]
there was no Available city
[33:53]
facility
[33:54]
to house their operations. And
[33:56]
at that time no alternate
[33:58]
office space was feasible.
[33:59]
But however,
[34:01]
with the completion of the fire
[34:02]
department building,
[34:03]
an office area
[34:05]
within the shared lobby of the
[34:06]
fire department and public
[34:07]
works has become available.
[34:08]
The space is not designated
[34:09]
for use by either
[34:12]
of the departments. So, we did
[34:14]
take the opportunity
[34:15]
to conduct a review of some
[34:18]
current beachside office space
[34:19]
list listings which average
[34:20]
approximately $22 per square
[34:22]
foot annually. The identified
[34:23]
office space within the city
[34:24]
facility would provide PCI
[34:26]
at a monthly rate for $1,000,
[34:28]
which would include
[34:29]
infrastructure such as
[34:30]
Internet, water and
[34:31]
electricity. The agreement
[34:32]
would include an annual
[34:34]
consumer price index increase.
[34:35]
The terms of the arrangement
[34:36]
would be contingent upon the
[34:37]
city's ongoing contract
[34:38]
with PCI
[34:40]
for parking services. So, the
[34:41]
space is roughly about 32
[34:43]
square feet. Gwen's going to
[34:45]
see if she can possibly pop up
[34:46]
a picture. I apologize. There
[34:47]
was supposed
[34:49]
to be an exhibit A
[34:51]
with this lease agreement
[34:53]
for you guys to see. And I
[34:54]
apologize that it did not get
[34:56]
put in. So, we're going
[34:57]
to be able to show it to you
[34:58]
this evening so you can see it
[34:59]
and then we'll make sure it's
[35:01]
part
[35:02]
of the agreement if it were
[35:03]
to get approved. So, as she's
[35:08]
bringing that up with that, I
[35:09]
will answer any questions.
[35:11]
>> You know I love math. You
[35:17]
anticipated my question.
[35:22]
>> I did. Those
[35:23]
of you who are familiar
[35:24]
with the lobby space
[35:25]
into the main building
[35:27]
of the public works
[35:28]
on one side and fire station
[35:30]
on the other. It's literally
[35:31]
just that area that has the
[35:33]
countertop. And
[35:35]
behind the rest of the lobby
[35:36]
space will be a shared space.
[35:37]
The fire department has things
[35:38]
on one side, the public works
[35:39]
will have things
[35:40]
on the other side. What's going
[35:41]
to be nice about it is right
[35:42]
now as you walk into the
[35:43]
facility when those front doors
[35:44]
are open because that entire
[35:45]
building is key card secured,
[35:46]
you have to pick up the phone
[35:47]
and call and have somebody
[35:48]
answer the line in order
[35:49]
to even get you out
[35:50]
of the lobby
[35:51]
to go anywhere else. So, when
[35:52]
PCI is there
[35:53]
during their schedule,
[35:54]
they'll be able to help assist
[35:55]
with the residents or
[35:56]
nonresidents who come
[35:57]
in and need to have service by
[35:58]
the public works or the fire
[35:59]
station. And, and, or
[36:00]
for just people who need
[36:01]
to go up too,
[36:02]
because we're having meetings
[36:04]
of some short,
[36:06]
which we do quite often
[36:07]
over there. So that is another
[36:08]
added benefit to this. So, this
[36:09]
depiction has the entire lobby
[36:10]
and as you can see on the
[36:12]
left-hand side. I don't know if
[36:13]
you're going to be able to.
[36:14]
Oh, there you go. Yeah, that'll
[36:15]
work. There you go, so at the
[36:16]
bottom you can see where it
[36:20]
says the 32 square feet.
[36:24]
That's the area that they are
[36:26]
going to be housed in box
[36:27]
within a box.
[36:37]
>> Yeah, you know,
[36:40]
they have access to it.
[36:42]
But I note on the. Essentially
[36:43]
if in the event the parking
[36:49]
management agreement is
[36:50]
terminated,
[36:57]
which correct me if I'm. Isn't
[36:58]
there
[37:00]
like a 30-day termination
[37:01]
on that.
[37:02]
>> So, this would also
[37:03]
terminate
[37:04]
on the same timeframe.
[37:10]
>> Correct.
[37:15]
>> Okay.
[37:16]
>> Is parking going
[37:17]
to be a challenge
[37:18]
for citizens coming up to.
[37:19]
>> So right now, based upon the
[37:20]
front area where the public
[37:22]
works side of things,
[37:24]
those are staying open anyways.
[37:25]
And there are at least two
[37:26]
spots as well as two handicap
[37:27]
spots. So those would stay
[37:28]
remain open for residents able
[37:29]
to come and deal. I did have a
[37:30]
conversation with PCI. There
[37:31]
are some times where I think
[37:32]
Tuesdays are
[37:33]
like their busiest days.
[37:34]
But most of the time they don't
[37:35]
have a whole lot
[37:36]
of traffic that's coming
[37:37]
in and out. Mainly they deal
[37:38]
with residents and nonresidents
[37:39]
out in the field when they're
[37:40]
out by the beaches. And then
[37:41]
they're going to have two
[37:42]
designated spots that will work
[37:43]
out to where best suits
[37:44]
for that.
[37:45]
>> I think one of the things
[37:46]
that was brought up in the past
[37:47]
was people would say,
[37:48]
you know this Satellite beach,
[37:49]
this does satellite beach
[37:50]
parking. Why is there office
[37:51]
outside of Satellite Beach? I
[37:53]
heard that comment more than
[37:54]
once. So, I think that would
[37:55]
at least from concerned
[37:56]
citizens perspective who made
[38:00]
those observations that hey,
[38:02]
this is out of the city,
[38:04]
should be in the city, belongs
[38:05]
to the city. It would solve
[38:07]
that issue anyways,
[38:08]
put it closer. And
[38:10]
since everybody seemed
[38:11]
to show up
[38:12]
to city hall anyways, asking
[38:14]
about this puts it closer
[38:15]
in range. Instead
[38:18]
of telling hey, you turn around
[38:20]
and go drive all the way up A1A
[38:21]
and to go to the office.
[38:25]
>> The office manager.
[38:27]
>> Ashley?
[38:28]
>> Ashley. I thought it was
[38:29]
Ashley and then I wasn't sure.
[38:30]
I talked to her,
[38:32]
she was excited about this.
[38:33]
She thought this was going
[38:35]
to be really good. Is she going
[38:36]
to keep the same office hours?
[38:38]
>> Yeah. So, I think the plan
[38:39]
right now is to be Tuesday,
[38:41]
Wednesday and Thursday from 9
[38:45]
to 3. I think their hours
[38:46]
actually are like 10 to 4.
[38:47]
But I think we've asked them
[38:48]
to adjust them to be 9 to 3.
[38:49]
It would help public works and
[38:50]
the fire department out a
[38:51]
little better that way so
[38:53]
they're amenable
[38:54]
to that. I also thought
[38:55]
with it being at the corner
[38:56]
of Jackson and A1A obviously
[38:57]
that puts it closer
[38:58]
to the beaches. And actually,
[38:59]
Ashley actually lives in here
[39:00]
in Satellite beach. So that
[39:01]
Was a nice feature as well
[39:02]
to have that as well.
[39:03]
>> And they also service
[39:04]
Indian harbor beach now. Yes.
[39:05]
>> And I don't. I'm just
[39:07]
curious. So, would Indian
[39:08]
harbor folks be potentially
[39:10]
coming in there as well?
[39:23]
>> The potential is there.
[39:24]
Yeah.
[39:25]
>> Wouldn't be a lot of.
[39:26]
There's not a lot of spaces
[39:27]
down there.
[39:28]
>> No.
[39:31]
>> Yeah, no, I'm just. I just
[39:33]
was just curious
[39:34]
about that. I mean,
[39:35]
it's there. It's their space
[39:36]
to use for their commercial
[39:37]
purposes as they see fit,
[39:38]
not limited to Satellite beach
[39:39]
business.
[39:40]
>> Any further up here,
[39:41]
questions wise. If not,
[39:42]
I'll open it up
[39:43]
to citizens comment
[39:44]
on agenda item 10
[39:45]
by carried comment on it
[39:46]
hearing none. I'll bring it up
[39:47]
here. Nothing further. I'll
[39:48]
entertain a motion
[39:49]
for this.
[39:50]
>> I'll make a motion
[39:52]
to approve lease agreement
[39:54]
between the city of Satellite
[39:56]
beach and PCI Services LLC.
[39:58]
>> Second.
[40:00]
>> Okay, motion.
[40:01]
>> Second. There's nothing
[40:04]
further. Gwen?
[40:15]
>> [ CALLING ROLL]
[40:16]
>> Motion passes.
[40:22]
>> All right, Next, agenda item
[40:23]
11, discuss take action
[40:24]
on regulating smoking vaping
[40:25]
on city property.
[40:26]
>> Thank you, Mayor. So, this
[40:27]
item is brought to you as the
[40:28]
last council meeting. It was
[40:29]
discussed and we wanted to
[40:30]
bring some additional
[40:32]
information. The staff has
[40:33]
worked to gather that
[40:35]
information that is part
[40:36]
of your packet this evening.
[40:37]
So really, we just wanted
[40:38]
to provide that to you and then
[40:39]
provide us some discussion
[40:40]
about what to consider and what
[40:42]
as you're looking into this.
[40:43]
So, with that,
[40:44]
we'll leave it up
[40:45]
for open discussion and be
[40:46]
happy to discuss it. Our police
[40:48]
chief is here, Fire chief is
[40:49]
here, Recreation director is
[40:51]
here. All of those departments
[40:52]
that would be affected
[40:53]
by making these types
[40:54]
of changes. So, I wanted
[40:56]
to have them all here
[40:57]
for expertise
[40:58]
to help answer some
[40:59]
of the questions that you may
[41:01]
have.
[41:07]
>> All right.
[41:08]
>> Who would like to start?
[41:09]
Anybody got any questions,
[41:10]
thoughts, theories?
[41:12]
>> It being delayed again as a
[41:13]
topic has brought a lot
[41:14]
of comments
[41:15]
from the citizens,
[41:16]
which is what we want, right?
[41:17]
We want
[41:19]
to represent the citizens. And
[41:20]
the more that we discuss it,
[41:22]
and unfortunately it seems
[41:25]
like a delay,
[41:26]
but the more we discuss it,
[41:27]
the more input we have. So.
[41:28]
And that's a wonderful thing. I
[41:31]
know we've received emails
[41:32]
at our council. Email addresses
[41:34]
of course, correspond
[41:36]
with some of those directly.
[41:38]
And there is an overwhelming
[41:42]
consensus, I guess,
[41:44]
for the ban, based on
[41:47]
observations that citizens have
[41:49]
seen the negative aspect,
[41:52]
the unfortunate negative aspect
[41:54]
of the smoking and vaping
[41:56]
on our beaches,
[42:01]
on our walkways and
[42:04]
on our citizens seems to be
[42:05]
overwhelmingly supporting this.
[42:08]
An ordinance
[42:10]
to ban smoking and vaping
[42:12]
on city property. What I've
[42:14]
read is there are some areas
[42:15]
that should not even be
[42:19]
questionable as far as
[42:21]
approaches go. Beach access
[42:24]
goes, public parks goes. There
[42:26]
may be some questions regarding
[42:28]
the open beach. There was a
[42:29]
discussion on don't allow it in
[42:31]
parking lots because we'll
[42:41]
still get butts on in the
[42:43]
parking lots. I heard we also
[42:44]
have last time we talked about
[42:47]
distributing those ashtrays
[42:48]
that were provided to us by the
[42:52]
SWAT team students awareness
[42:53]
and the ashtrays we have out
[42:54]
there are full and it's just
[42:57]
creating more workload
[43:00]
for our city staff. Go clean
[43:02]
ashtrays. We don't want to get
[43:04]
in that business per se. So,
[43:11]
I'm just trying to create
[43:12]
conversation amongst us,
[43:14]
amongst all of us right. That
[43:15]
are sitting
[43:17]
out there too that it seems to
[43:18]
be more overwhelming than I
[43:19]
anticipated
[43:20]
to have such an ordinance
[43:21]
in place. So that's a positive
[43:22]
thing. We're moving in a common
[43:24]
direction.
[43:26]
>> I'll jump in.
[43:27]
>> Yes, please.
[43:29]
>> Yes, my view
[43:31]
on this is unchanged
[43:32]
since the last meeting. Not
[43:34]
because I'm stubborn,
[43:35]
although I am. You know I have
[43:37]
had more time to think
[43:39]
about it. I don't,
[43:40]
I don't think I've counted it
[43:41]
but I've had as I think it
[43:42]
feels like I've had as much
[43:44]
feedback those in terms
[43:45]
of emails and just talking
[43:46]
to people on this as I've had
[43:48]
about a lot of other things.
[43:50]
Maybe parking's up there and
[43:51]
some other stuff but it's been
[43:52]
a fair amount and all trending
[43:54]
in a direction that I think is
[43:55]
supportive
[44:03]
of the same position
[44:04]
of sticking
[44:06]
with the ordinances presented
[44:08]
at the last meeting which it
[44:09]
looks like would be consistent
[44:10]
with Melbourne Beach. I do
[44:14]
philosophically understand the
[44:15]
concept of trying
[44:17]
to do carve outs. My practical
[44:19]
concern with that is the
[44:20]
exception swallowing the rule
[44:26]
and creating enforcement
[44:28]
headaches
[44:32]
for staff and you know, like I
[44:34]
said so I think it's. I think a
[44:41]
ban on smoking and vaping is
[44:42]
reflected in what Melbourne
[44:43]
beach had and what was
[44:44]
presented
[44:45]
at the last meeting. That
[44:46]
remains my position I will
[44:47]
note. And I emailed the city
[44:48]
manager, maybe the assistant
[44:49]
city manager too just to remind
[44:50]
myself because I'm a bit of an
[44:51]
absent-minded professor
[44:52]
personality type. I hadn't
[44:53]
really been paying attention
[44:54]
but I went for a run
[44:55]
around the city as I need
[44:56]
to do more of but still do an
[44:58]
occasionally and I was happened
[44:59]
to be this was on my mind. I
[45:07]
was shocked and appalled by how
[45:08]
many cigarette butts I saw
[45:09]
adjacent to the
[45:10]
to the sidewalk notably along
[45:13]
Jackson in front of all that
[45:15]
city property there. The
[45:16]
schools, the new beautiful,
[45:17]
you know Fire and public works.
[45:19]
So, I don't want
[45:22]
to get too preachy,
[45:23]
because I try not to do that.
[45:24]
But its people are not being
[45:26]
responsible who are choosing
[45:28]
to still smoke cigarettes in
[45:33]
2025. So that's my view.
[45:39]
>> Jody. Steve, so my concern
[45:41]
is with enforcement. And, you
[45:42]
know, again, so we make a rule
[45:45]
saying that you can't smoke or
[45:47]
in or vape in this area. Who's
[45:48]
out there enforcing,
[45:55]
and that's on another citizen.
[45:56]
But then what is the punishment
[45:57]
once the police respond
[46:02]
to that? Because if you don't
[46:03]
have punishment,
[46:05]
what's the point? So, we would
[46:07]
have to discuss what would be
[46:09]
the citation and the penalty
[46:10]
for somebody else complaining
[46:13]
on another person and actually
[46:15]
having enforcement show up.
[46:20]
Otherwise it's a useless rule.
[46:23]
So, we have to be aware
[46:25]
of that. I agree. And I
[46:26]
appreciate putting in the
[46:28]
citation penalties section here
[46:31]
to let us know what other
[46:33]
cities and stuff are doing,
[46:35]
because you make a good point,
[46:37]
right? I mean, it's good
[46:39]
to know that information, what
[46:40]
other folks are doing or what
[46:41]
they've had to deal with
[46:43]
Jody.
[46:48]
>> I'm still listening to
[46:49]
everybody right now.
[46:52]
>> I will tell you. I think I'm
[46:54]
in agreement with most folks.
[46:56]
Most of the comments and stuff
[46:58]
I heard are largely banned.
[46:59]
The only one, the only thing
[47:00]
that I actually heard
[47:02]
from actually a couple folks,
[47:04]
was just
[47:06]
about a designated smoking
[47:08]
area. But the only place they
[47:10]
brought that up was at Pelican
[47:13]
beach, mainly because of the
[47:14]
pavilions and family gatherings
[47:16]
and all that other stuff that
[47:17]
goes on there. And it's
[47:18]
probably one
[47:22]
of our larger areas. So that
[47:23]
was the only one that they
[47:24]
said, you know, would there be
[47:25]
a, designating a designated
[47:26]
spot, a smoking spot somewhere
[47:30]
in that area? I mean, that
[47:35]
could be troublesome only
[47:36]
because you're close
[47:37]
to the beach also that's there,
[47:38]
and you have a playground
[47:40]
that's also there. So, you
[47:42]
know, and you can't get too far
[47:44]
away because you got the
[47:46]
volleyball area there and all
[47:48]
that other stuff. But that, I
[47:50]
mean, that's just the only
[47:51]
other comment that I,
[47:52]
that I got out of it,
[47:53]
that someone had just mentioned
[47:54]
that, and that was the only
[47:55]
place they mentioned it, not,
[48:00]
not anywhere else or any other
[48:04]
property or crossovers or
[48:06]
anything. So that was the only
[48:07]
part that I, that I heard
[48:17]
from that I see where
[48:19]
Melbourne beach has their
[48:34]
citation, which in Atlantic is
[48:35]
pretty much similar to that,
[48:36]
other than Palm Bay kicks you
[48:37]
out of the park.
[48:38]
>> Yeah, I said, I said
[48:39]
Melbourne beach,
[48:40]
it's a combination of Palm Bay
[48:42]
and Milk, is not exactly
[48:44]
like any anyone else will
[48:45]
Pretty close to Melbourne beach
[48:46]
and Palm Bay. That Melbourne
[48:47]
beach has a fine.
[48:48]
>> There's. It's not allowed in
[48:50]
parks and beaches. I guess it
[48:51]
doesn't specify other city
[48:52]
property combat.
[48:53]
>> So, I didn't mean
[48:54]
to jump in. No, no, no,
[48:55]
that's good. And I just.
[48:56]
Looking at some of the issues
[48:57]
to consider, I certainly,
[48:58]
certainly would think we'd have
[48:59]
to have signage, and I know
[49:00]
in the harbor does,
[49:01]
because you can see it at
[49:02]
Gleason Park. You can see it
[49:03]
from the road. When you're
[49:04]
driving down the road,
[49:05]
it's there. It says that,
[49:08]
which would be good. You know,
[49:14]
I'm kind of like you. I'm good
[49:15]
with the way it was presented
[49:16]
the first time. I don't really
[49:19]
have any heartburn with that. I
[49:20]
guess I never really knew what
[49:22]
all those things were that I
[49:24]
saw that turned out to be vape
[49:26]
cartridges. I just. I guess
[49:27]
it's kind of
[49:29]
like you running.
[49:31]
>> Right.
[49:32]
>> If you're not looking
[49:34]
for it, you probably don't.
[49:37]
Don't see it.
[49:38]
But you're right. You know,
[49:42]
my last trip to the beach this
[49:43]
past weekend and what I saw,
[49:44]
even around the trash cans,
[49:45]
by the crossover and
[49:47]
on the crossover and going
[49:48]
down the stairs,
[49:50]
on the cross crossover and
[49:51]
at the bottom of the stairs,
[49:53]
the crossover, you know, and
[49:54]
that was just one beach access
[49:55]
that there was quite a bit that
[49:57]
that was there. And obviously,
[49:59]
if it's not in the trash can,
[50:00]
it's not getting picked up.
[50:02]
So. Amen for all our folks who
[50:04]
do regular beach cleanups.
[50:05]
Can't say how much we
[50:07]
appreciate you folks that do
[50:10]
that because it certainly needs
[50:12]
to be done. It's a mess
[50:14]
out there.
[50:15]
>> Is it kind of safe
[50:16]
to assume? And I appreciate the
[50:19]
staff putting this metric
[50:21]
together. Is it fairly safe to
[50:24]
assume that cities that allow
[50:25]
and allow? They just don't have
[50:28]
an ordinance that says you
[50:30]
can't have it? They never
[50:31]
really tackled the topic
[50:33]
correct. Okay. So, if it says
[50:36]
Melbourne allows and allows it,
[50:39]
it's because they never really
[50:40]
brought it back up to them.
[50:41]
Okay.
[50:42]
>> I think for the most part,
[50:43]
I mean, this is a relatively
[50:44]
new ordinance that the state
[50:47]
finally approved.
[50:50]
>> Yeah. It's mainly due to
[50:51]
that legislation that got
[50:52]
passed. And so, some of the
[50:53]
cities have taken the
[50:54]
opportunity to take a look
[50:55]
at it and put an ordinance
[50:56]
in place.
[51:00]
>> So, it's not like it's been
[51:01]
around for 50 years and no
[51:02]
one's ever done anything
[51:03]
about it. It is a relatively
[51:04]
very new ordinance. So, I think
[51:06]
just. Just like as we are,
[51:07]
it's. It's Just coming around
[51:10]
for people to look
[51:12]
at it and come up with that.
[51:13]
It's probably why there's not
[51:15]
as many in there. But I foresee
[51:16]
that will probably change.
[51:18]
>> I will tell you that the
[51:19]
students that were here are
[51:20]
making a full force effort
[51:22]
to get to all of the cities,
[51:24]
including the county,
[51:27]
to help try to get this done
[51:28]
with all the cities. So, yes, I
[51:29]
would agree.
[51:30]
>> I've got some more stuff I
[51:31]
want to go over, but I'd like
[51:32]
to wait till after citizens
[51:33]
comments because it we may hear
[51:34]
from them.
[51:37]
>> I was just going to. And the
[51:38]
chief just walked out
[51:41]
but I absolutely don't want
[51:43]
to see smoking or vaping
[51:44]
at our city parks or beaches.
[51:45]
My concern is enforcement and
[51:47]
what that does
[51:49]
to our city staff. So, can you
[51:52]
share any concerns?
[51:55]
>> I'll be honest. I think
[51:56]
it's. I mean, you're going
[51:58]
to face this in the next item
[51:59]
that we're going to talk about.
[52:01]
I think we all know that there
[52:02]
are things that happen that
[52:04]
may or may not be against an
[52:05]
ordinance. I think that it's
[52:06]
more about those things, that
[52:07]
this would give us an
[52:08]
opportunity to use it when it
[52:09]
becomes a problem. You know,
[52:11]
if somebody is out
[52:12]
in the parking lot near nobody
[52:13]
else and is smoking a cigarette
[52:14]
and isn't bothering anyone
[52:16]
because no one else is
[52:17]
around and no kids are around,
[52:18]
I don't foresee our officers
[52:19]
going
[52:20]
to that person and telling him
[52:21]
to put it out. You know what I
[52:23]
mean? But, you know,
[52:24]
if there's a group
[52:25]
of kids that are on the
[52:26]
crossover and they're all
[52:27]
smoking and families are trying
[52:28]
to cross the crossover to get
[52:30]
to the beach, those would be
[52:31]
the opportunities where I think
[52:32]
that this would come more
[52:34]
into play, especially
[52:35]
at the playgrounds,
[52:36]
at the fields. You know,
[52:38]
an opportunity to tell that
[52:40]
parent who might be smoking
[52:42]
on the bleachers or vaping
[52:43]
on the bleachers too,
[52:45]
that it's not allowed. That's
[52:47]
where I think the enforcement
[52:48]
is going to come
[52:49]
into play.
[52:53]
>> Open it up for citizens.
[52:55]
Comment on agenda item 11. If
[52:57]
anybody wants to speak.
[53:01]
Please, sir. Yes, just come
[53:06]
upon. Give us your name, sir,
[53:07]
please.
[53:12]
>> Honorable members
[53:13]
of the city council,
[53:14]
my name is Ted Hunt. Can you
[53:15]
hear me? Okay. A resident of
[53:18]
Satellite Beach. I hope that
[53:23]
you will accept a few
[53:25]
of my ideas for consideration
[53:26]
and discussion. I think we've
[53:28]
not clearly identified a
[53:32]
specific public benefit of this
[53:37]
proposal other than it feels
[53:40]
good, we want it, it feels
[53:41]
good. I think that we have
[53:47]
another issue, which is the
[53:48]
potential benefits as compared
[53:51]
to the potential costs. We
[53:56]
haven't really identified what
[53:57]
the problem is and how this is
[54:00]
proposed
[54:01]
to resolve the problem. What is
[54:04]
the supporting data that a
[54:06]
problem even exists
[54:08]
in the first place?
[54:11]
In other words, how many
[54:12]
complaints have been received
[54:14]
specifically
[54:15]
about smoking or vaping
[54:16]
in the parks or at the beach?
[54:20]
And what is the nature
[54:22]
of those complaints, if
[54:23]
in fact any have been received?
[54:26]
Who complained? Is it the same
[54:28]
person or is its multiple
[54:30]
persons? And what
[54:32]
about the persons about whom
[54:33]
the complaints have been made?
[54:36]
What are the dates,
[54:37]
times and locations
[54:39]
of these complaints? And the
[54:41]
most important that you already
[54:43]
have addressed is how do you
[54:45]
intend
[54:46]
to enforce this ordinance? If I
[54:50]
understand Florida law
[54:53]
correctly and if it complies
[54:56]
with law throughout most
[54:57]
of the states, a peace officer
[54:59]
can make an arrest if a felony
[55:02]
is being committed
[55:05]
in his or her presence, if a
[55:09]
misdemeanor is being or an
[55:10]
infraction is being committed
[55:11]
in their presence,
[55:12]
but they cannot make one. They
[55:14]
cannot make a misdemeanor or
[55:15]
infraction arrest if that
[55:17]
misdemeanor infraction is not
[55:18]
being committed in their
[55:20]
presence. I could be wrong on
[55:23]
Florida law, but I don't think
[55:24]
so. I think the other issue
[55:27]
that we need to address are the
[55:30]
direct and indirect costs which
[55:32]
have already been exposed
[55:34]
on this proposal. And what are
[55:37]
the estimated future costs that
[55:39]
will see this proposal through
[55:41]
to implementation. Thank you
[55:43]
for your consideration.
[55:48]
>> Thank you, sir. Floor is
[55:50]
still open. Anybody cares
[55:51]
to comment?
[55:57]
>> Thank you, Council, it's
[55:59]
Robert chase. I'm at 796
[56:00]
Ocean Drive. You know,
[56:02]
I'm thankful for the email
[56:03]
responses I received and I
[56:05]
heard this had been tabled and
[56:07]
I took a few pictures on my
[56:09]
morning walk the next day.
[56:11]
So, I'm in favor of a total
[56:13]
ban. I think the smoking rate
[56:15]
is 12%. It goes
[56:17]
down every year. It's kind of a
[56:19]
problem that's resolving itself
[56:21]
slowly in the country. But we
[56:22]
know secondhand smoke is
[56:24]
harmful. But the biggest issue
[56:26]
in Satellite beach is the sheer
[56:28]
amount of litter, especially
[56:30]
around the beach accesses.
[56:33]
And, you know, I get thinking
[56:35]
about carve outs, but it really
[56:36]
is a small percentage
[56:40]
of people that keeps going
[56:41]
down each year. Enforcement's
[56:44]
tough. You know, I know. You
[56:45]
know, we walk every morning
[56:46]
along, you know,
[56:47]
past four beach accesses. It's
[56:48]
normal for police
[56:49]
to be patrolling that as part
[56:50]
of their normal route. So, you
[56:51]
know, I think they'll have to
[56:52]
ask the morning crew that shows
[56:53]
up and will change smoke at
[56:54]
Access is watching Sunrise or
[56:55]
idle their cars at Shell
[56:56]
Street. You know, just have
[56:57]
to ask them. You can't do that
[56:58]
anymore. And they'll move
[56:59]
along. I think that's a
[57:00]
particular problem area as our
[57:01]
southern beaches abandoned,
[57:02]
those folks migrated north and
[57:03]
that's where we're getting. A
[57:05]
lot of the litter issues. And
[57:07]
really what fires me up walking
[57:09]
every single morning and either
[57:11]
seeing all. This discarded or
[57:13]
the same people camped out
[57:14]
on the accesses. So, you know,
[57:17]
I appreciate what I heard
[57:18]
tonight. So, thank you.
[57:19]
>> Thank you
[57:21]
for the photographs.
[57:23]
Appreciate that. Floor's still
[57:25]
open
[57:26]
for a citizen's comments.
[57:28]
Anybody else cares to speak?
[57:33]
All right. Hearing none. I'll
[57:34]
bring it back up here. You have
[57:36]
more, Mike?
[57:39]
>> I have just a little bit
[57:40]
more. Trying to key off
[57:42]
of what,
[57:43]
what problem we're trying
[57:46]
to resolve. We are not trying
[57:47]
to fix anybody's health,
[57:48]
although that's a positive
[57:49]
off this.
[57:50]
But what we're trying
[57:52]
to resolve is this litter.
[57:53]
So, I've got an email here of
[57:54]
an individual that walks a few
[57:56]
times a day actually picks up
[57:58]
cigarette butts that this
[58:00]
individual sees and says,
[58:03]
I can't keep up
[58:04]
with the overwhelming amount
[58:05]
of discarded cigarette butts,
[58:07]
especially near the walkovers
[58:08]
Magellan Sunrise and Shelf
[58:10]
Street. So, I resonate
[58:15]
with what said. You have
[58:17]
to understand the problem. If
[58:18]
there was no litter, then the
[58:20]
only resolving problem we have
[58:21]
is just smelling it. But we
[58:22]
have this litter problem too.
[58:24]
So that's really what we're
[58:27]
trying to address. And we're
[58:29]
trying to address it where it
[58:30]
doesn't put burden back
[58:32]
on our city staff having
[58:34]
to clean up ashtrays. And if we
[58:35]
have something in place and
[58:37]
there becomes a nuisance, then
[58:38]
that's when the police can step
[58:40]
in. And a lot of these places
[58:42]
are high visibility places.
[58:43]
Right. We do,
[58:46]
I believe we do run. The police
[58:48]
run by these approaches. They
[58:50]
run down Shell Street. If
[58:51]
individuals are sitting there
[58:53]
smoking and creating a
[58:56]
nuisance,
[58:58]
then now they can go up to them
[59:00]
and educate them and ask them
[59:01]
to move on.
[59:04]
>> That would just probably
[59:05]
address the. It's probably not.
[59:07]
Again, an assumption
[59:10]
on my part. There's probably
[59:11]
not been a lot of complaints
[59:14]
because there isn't really
[59:15]
anything you could do
[59:17]
about it. I mean, it's not,
[59:18]
it's not banned. It's not,
[59:20]
there's not an ordinance
[59:22]
against it. So, there's no rule
[59:24]
that says you can't do that
[59:25]
currently. So, if you were
[59:29]
doing it to complain, I don't
[59:30]
know what good that would do.
[59:32]
There is a law against it.
[59:33]
There's an anti-littering law
[59:34]
against $500. Right. But that's
[59:37]
the issue we're addressing is
[59:38]
littering. Not the health
[59:40]
issue, not the smell issue.
[59:41]
It's the littering according
[59:43]
to what councilman Chase just
[59:45]
said there's already a law that
[59:47]
exists. So therefore,
[59:49]
we would be repeating a law
[59:51]
on top of a law which is a
[59:53]
useless law that our police
[59:56]
have to enforce
[59:57]
for no good reason,
[1:00:03]
because there's already a law
[1:00:05]
in existence.
[1:00:06]
>> For me, it's not just the
[1:00:13]
littering. You know what I
[1:00:15]
mean? Like, and I do,
[1:00:16]
without getting
[1:00:17]
to the officers, have to
[1:00:18]
witness the person littering,
[1:00:19]
which they're probably not
[1:00:20]
going to do in front
[1:00:21]
of an officer.
[1:00:22]
But if they can't smoke
[1:00:23]
at all, then there, you know,
[1:00:24]
clearly people. We can all look
[1:00:25]
around and see the people who
[1:00:26]
are smoking in the community,
[1:00:27]
in the community are littering
[1:00:28]
a lot out. I think that we can
[1:00:29]
all agree to that. If you've
[1:00:30]
been
[1:00:31]
to the beach access and I
[1:00:32]
talked about
[1:00:33]
on the sidewalks, I knew
[1:00:34]
about it at the beach access
[1:00:35]
because I went out there and
[1:00:36]
done cleanups and everything
[1:00:37]
else. But I was kind of shocked
[1:00:40]
when I started paying attention
[1:00:41]
on the sidewalks and the public
[1:00:42]
buildings. But to me, look,
[1:00:43]
I feel strongly that the
[1:00:44]
government,
[1:00:45]
specifically the municipal
[1:00:46]
government, shouldn't be
[1:00:47]
in the nanny state business
[1:00:49]
of telling people not
[1:00:51]
to do things because of the.
[1:00:53]
Their own health. There is a
[1:00:54]
secondary issue where people,
[1:00:55]
and it's crazy, but they.
[1:00:56]
People do it. And
[1:00:57]
in my experience,
[1:00:58]
people can be kind of entitled
[1:00:59]
about it, especially people who
[1:01:01]
are still smoking cigarettes
[1:01:02]
in 2025 in public about, you
[1:01:03]
know, doing it at a park or,
[1:01:04]
you know, vaping it at a park
[1:01:06]
or sporting facility or stuff
[1:01:08]
like that. Like, people should
[1:01:09]
be able to feel comfortable to
[1:01:10]
take their kids or themselves,
[1:01:12]
but particularly young people,
[1:01:15]
to one of our public
[1:01:17]
recreational facilities
[1:01:18]
without being exposed
[1:01:20]
to secondhand smoke, be it vape
[1:01:23]
smoke or cigarette smoke. And
[1:01:26]
the other thing about having
[1:01:27]
the ordinance is that then you
[1:01:29]
can say, hey, you know, look
[1:01:31]
at the sign, or, you know,
[1:01:33]
it's not allowed
[1:01:34]
on city property. As opposed
[1:01:36]
to having to get into, as a
[1:01:37]
citizen, like a moral argument
[1:01:39]
with the person essentially
[1:01:40]
saying, like, hey, I think
[1:01:41]
you're being irresponsible
[1:01:43]
by smoking at this public place
[1:01:45]
where other people are. It
[1:01:47]
gives cover. I feel like
[1:01:51]
for citizens to point
[1:01:53]
to that, hopefully law
[1:01:55]
enforcement doesn't have
[1:01:56]
to get involved,
[1:01:58]
but if they needed to,
[1:01:59]
if someone was being unruly,
[1:02:01]
it gives them cover to do it.
[1:02:02]
That's kind of how I, and I do
[1:02:03]
think that if you have a
[1:02:04]
designated area,
[1:02:06]
then it's going
[1:02:07]
to be a dispute
[1:02:08]
about whether or not you're in
[1:02:10]
the designated area or not or
[1:02:12]
not. But, you know,
[1:02:14]
I hear the thing about, I don't
[1:02:15]
think that we should be doing
[1:02:16]
it to protect the smokers.
[1:02:19]
Because people can make
[1:02:20]
whatever, you know,
[1:02:21]
in my mind,
[1:02:22]
they can make whatever
[1:02:24]
informed, hopefully,
[1:02:25]
decisions they want
[1:02:26]
to make or not make about their
[1:02:28]
own physical autonomy,
[1:02:29]
but not other people
[1:02:30]
on public property.
[1:02:38]
>> What did you say?
[1:02:41]
>> If we remove the cause
[1:02:43]
of the litter and that's going
[1:02:44]
to help.
[1:02:46]
us with the litter,
[1:02:48]
but that goes
[1:02:49]
on personal recognizance.
[1:02:51]
Yeah. Which obviously they're
[1:02:54]
not paying attention
[1:02:55]
to anyway.
[1:02:56]
>> Yeah.
[1:02:57]
>> So, what's the point? I
[1:02:58]
fully support smoking pits or
[1:02:59]
restricted areas,
[1:03:01]
whatever we want to call it,
[1:03:04]
but I'm fully on board
[1:03:06]
with parks and youth events.
[1:03:08]
And so that's why Brevard
[1:03:09]
County's example
[1:03:11]
to me is the best example.
[1:03:15]
Just it's not allowed in youth
[1:03:16]
areas and playgrounds.
[1:03:22]
>> I kind of consider the beach
[1:03:23]
a big youth area and
[1:03:24]
playground, though,
[1:03:25]
I guess.
[1:03:26]
>> Yeah. But the beach is also
[1:03:28]
where people go. And we've
[1:03:29]
already brought up the issue
[1:03:31]
with Pelican park and the
[1:03:34]
pavilions. People go there,
[1:03:36]
they have parties. What happens
[1:03:38]
at parties? The people drink.
[1:03:40]
Some drinkers tend
[1:03:41]
to smoke when they drink, and
[1:03:44]
now you're limiting that
[1:03:45]
effect. And so,
[1:03:48]
you're interfering
[1:03:51]
with personal rights. And we
[1:03:52]
have. I think that we have
[1:03:54]
to give them an opportunity to
[1:03:56]
exercise their personal rights
[1:03:57]
to kill themselves willingly
[1:03:59]
and knowingly by smoking. It's
[1:04:02]
not my problem that they want
[1:04:04]
to smoke,
[1:04:06]
but that's their choice. And
[1:04:07]
they can decide
[1:04:10]
to go do it away
[1:04:12]
from us downwind.
[1:04:13]
>> Without jumping to the next
[1:04:15]
topic. I think it's different,
[1:04:18]
though, because, yes,
[1:04:20]
you can extrapolate
[1:04:21]
from bad decisions made
[1:04:22]
after drinking and so forth,
[1:04:23]
but the actual act of drinking
[1:04:24]
has no externalities. No,
[1:04:25]
smoking does have externalities
[1:04:26]
like it does. I mean,
[1:04:28]
if you have people smoking
[1:04:29]
at one of those pavilions and
[1:04:30]
you have a bunch
[1:04:32]
of kids playing
[1:04:33]
at the playground, Granted,
[1:04:34]
prevailing winds are usually
[1:04:36]
out of the east, but
[1:04:37]
at the next pavilion over, you
[1:04:38]
got multiple pavilions there.
[1:04:41]
So, you've got a big group
[1:04:42]
of people, a bunch
[1:04:45]
of people who are smoking.
[1:04:46]
There is a health effect,
[1:04:47]
certainly an enjoyment
[1:04:48]
of the public facilities effect
[1:04:49]
on these people based upon the
[1:04:50]
choices here.
[1:04:51]
>> Okay, But a smoking pit,
[1:04:52]
seriously, it's away
[1:04:53]
from most facilities. Right.
[1:04:56]
So, it's a designated area.
[1:04:57]
They can walk
[1:04:59]
from their pavilion 100 yards
[1:05:00]
down the way. It's blocked off.
[1:05:02]
It's another little gazebo,
[1:05:05]
say, and they can smoke there
[1:05:06]
and then come back and do
[1:05:07]
whatever.
[1:05:09]
>> That's what I would envision
[1:05:10]
as a restricted area,
[1:05:12]
is a smaller area away from
[1:05:13]
other people that they would
[1:05:15]
walk to smoke.
[1:05:17]
>> Come back as a carve
[1:05:18]
out specifically at Pelican,
[1:05:19]
because we have the rented
[1:05:20]
pavilions and stuff there.
[1:05:23]
>> Personally, it works
[1:05:24]
anywhere and.
[1:05:26]
But I would not want it to be
[1:05:28]
at like Cinnamon Park. A little
[1:05:30]
too small for that, but
[1:05:32]
Hightower park,
[1:05:33]
maybe you could fit it
[1:05:36]
in because again, that would
[1:05:37]
address the crossover issue
[1:05:38]
that has been brought up and
[1:05:40]
maybe the parking lot issue,
[1:05:42]
even. I don't know where you
[1:05:49]
put it.
[1:05:52]
>> Yeah. And I mean,
[1:05:53]
you've got the sports field,
[1:05:54]
the other large facility, you
[1:05:55]
know, of children designed for.
[1:05:56]
I mean, adults play sport there
[1:05:57]
too.
[1:06:06]
>> Let's just say we outlawed
[1:06:08]
it. We just said no. No city
[1:06:10]
property, no beaches. Just a
[1:06:11]
what if. How much of the beach
[1:06:13]
do we actually can enforce?
[1:06:19]
High water mark, low water. I
[1:06:20]
mean, there's. Is there some
[1:06:21]
weirdness on the beach? It's
[1:06:22]
that says you really can't
[1:06:23]
enforce our rules,
[1:06:25]
our municipality rules
[1:06:29]
on the beach. I'm kind
[1:06:30]
of looking at Brittany,
[1:06:31]
but I'm kind of staring back
[1:06:32]
over to the chief
[1:06:33]
over there. I mean,
[1:06:34]
are we just talking
[1:06:35]
in circles here? Because
[1:06:36]
there's nothing we can do
[1:06:37]
about it anyway? Or as the
[1:06:39]
beach goes, okay, standing
[1:06:41]
with the dogs. I mean, you
[1:06:42]
know, like not to bring up an
[1:06:44]
old favorite.
[1:06:53]
>> True. Any other thoughts?
[1:06:56]
Concerns?
[1:06:58]
>> Are we trying to craft an
[1:06:59]
ordinance? Is that what you're
[1:07:00]
trying to.
[1:07:01]
>> It's obviously completely up
[1:07:02]
to all of you if you. I mean,
[1:07:04]
we brought the ordinance. We
[1:07:05]
needed
[1:07:07]
to do some additional research.
[1:07:09]
That's what this is. So, I just
[1:07:10]
need either some direction
[1:07:11]
either to bring you back what
[1:07:12]
we provided the last meeting
[1:07:14]
with some possible edits
[1:07:15]
to it and. Or nothing at all.
[1:07:17]
Like, that's completely up to
[1:07:18]
you.
[1:07:21]
>> I personally think we have a
[1:07:23]
problem, and we have a problem,
[1:07:25]
particularly on access points
[1:07:28]
on the beach. We have that
[1:07:30]
problem today. So, we need
[1:07:33]
to craft something
[1:07:35]
to remedy that,
[1:07:37]
to mitigate that problem,
[1:07:39]
at least in that area. Now,
[1:07:42]
good judgment says we're not
[1:07:44]
going to be smoking on
[1:07:46]
bleachers when I'm watching a
[1:07:47]
game. That's good judgment. But
[1:07:49]
not everybody practices the
[1:07:50]
good judgment. So, do we extend
[1:07:51]
our concern
[1:07:55]
to athletic fields? Well, it
[1:07:56]
seems like we should. So, do we
[1:07:58]
increase that area? And then
[1:07:59]
how much do we keep increasing?
[1:08:01]
I'm not personally for smoke
[1:08:05]
pits because I don't want the
[1:08:06]
city to have the burden
[1:08:09]
to create a smoke pit and
[1:08:10]
to clean a smoke pit. Just
[1:08:12]
words.
[1:08:13]
>> We already clean it anyway.
[1:08:14]
>> Well, we're cleaning
[1:08:15]
everything right now anyway,
[1:08:18]
but I'm just trying to relieve
[1:08:20]
the burden and put the
[1:08:21]
responsibility back where it
[1:08:23]
belongs. If you Want to come
[1:08:25]
to the beach in Satellite
[1:08:27]
beach, you can't smoke. That is
[1:08:31]
one way to look at it.
[1:08:32]
>> Or the ball fields. I mean
[1:08:34]
that's.
[1:08:35]
>> I think it needs to be the.
[1:08:36]
>> Parks that might be. It's
[1:08:37]
got the parks and the ball
[1:08:38]
fields need
[1:08:39]
to be included as well.
[1:08:40]
>> So, should we carve
[1:08:41]
out where exceptions are? And
[1:08:45]
then even parking lots to me is
[1:08:46]
not a good exception because
[1:08:48]
we're going
[1:08:49]
to have cigarette butts
[1:08:50]
in parking lots now. So, I
[1:08:51]
don't know if there's any real
[1:08:52]
exception that we can have.
[1:08:56]
>> After all this and after
[1:08:58]
reading the initial ordinance
[1:09:02]
that we brought, I don't know
[1:09:05]
that anything we've stuck here
[1:09:08]
changes my mind on what we
[1:09:10]
already had the first time. I
[1:09:14]
mean, I think going as you said
[1:09:15]
and as some of the citizens
[1:09:18]
have sent us their thoughts,
[1:09:20]
their comments, their pictures,
[1:09:23]
their experiences on there. I
[1:09:27]
think I've personally. It's
[1:09:28]
given me more enforcement on. I
[1:09:29]
agree with what we had the
[1:09:31]
first time around. Now that
[1:09:36]
we've had more data brought
[1:09:37]
to us, so to speak. Right.
[1:09:45]
More information is brought
[1:09:46]
more what other cities are
[1:09:47]
doing,
[1:09:48]
what the rule is. I just again,
[1:09:49]
personally I don't. I don't
[1:09:50]
think I've uncovered anything
[1:09:51]
that swaying my decision
[1:09:52]
from what was brought
[1:09:53]
to us the first time. That's
[1:09:55]
just my thoughts personally
[1:09:57]
on it.
[1:10:00]
>> The same like I said. And I
[1:10:01]
can intellectually, I do
[1:10:04]
intellectually appreciate
[1:10:06]
council member Sams point,
[1:10:07]
but I just. Like I said,
[1:10:09]
I'm worried about the. As a
[1:10:11]
practical matter, the exception
[1:10:12]
swallowing the rule and it
[1:10:14]
creating more of an enforcement
[1:10:17]
headache if we try
[1:10:19]
to do carve outs. So, while
[1:10:22]
appreciating that
[1:10:23]
intellectually,
[1:10:24]
I'm practically at the same
[1:10:25]
place as the mayor.
[1:10:30]
>> Which is the same place I
[1:10:31]
was before Mike. Do you happen
[1:10:32]
to have a copy
[1:10:33]
of the ordinance from last
[1:10:34]
time?
[1:10:35]
>> I don't. I didn't know.
[1:10:36]
Those extra papers you were
[1:10:37]
holding.
[1:10:38]
>> Yeah, no, those are all
[1:10:39]
emails.
[1:10:40]
>> Okay. Did it just say parks
[1:10:42]
and beaches?
[1:10:44]
>> No, I think it said all city
[1:10:45]
property.
[1:10:49]
>> All city property.
[1:10:52]
>> I have it up. I can read it
[1:10:53]
to you.
[1:10:54]
>> It said smoking and vaping
[1:10:55]
at city.
[1:10:56]
>> Parks and on public beaches
[1:10:57]
prohibited.
[1:10:58]
>> That was the title.
[1:10:59]
>> And it just said it shall
[1:11:00]
be.
[1:11:01]
>> Unlawful for any person
[1:11:02]
to smoke within.
[1:11:03]
>> The boundaries
[1:11:04]
of any public park or.
[1:11:05]
>> At any public beach located
[1:11:06]
within the city.
[1:11:07]
>> This prohibition includes
[1:11:08]
use of any vapor generating
[1:11:09]
devices as that term is defined
[1:11:10]
by Florida law.
[1:11:12]
>> Then it said the city
[1:11:13]
manager or.
[1:11:14]
>> Designee shall conspicuously
[1:11:15]
post or cause to.
[1:11:17]
>> Be posted signs setting
[1:11:19]
forth the
[1:11:21]
above prohibitions and the
[1:11:22]
Final section,
[1:11:23]
with the only exception to the
[1:11:24]
above prohibition is.
[1:11:27]
>> Unfiltered cigars whose
[1:11:31]
regulation remains preempted
[1:11:32]
as.
[1:11:33]
>> Set forth in Florida
[1:11:34]
statutes with my Editor's Eye
[1:11:35]
today. You're missing an L on,
[1:11:36]
on the, on the initial
[1:11:37]
introduction there.
[1:11:39]
>> If we bring it back.
[1:11:42]
>> See what I'm talking about?
[1:11:43]
>> So, parks would include
[1:11:46]
sports fields.
[1:11:47]
>> Yes.
[1:11:49]
>> And the area out here.
[1:11:50]
Right. I mean
[1:11:52]
like the garden would be, you
[1:11:53]
know, like this,
[1:11:54]
like the.
[1:11:58]
>> I mean, I think that if, if
[1:12:00]
we, if we're going
[1:12:02]
to say city parks and beaches,
[1:12:04]
if you were to decide this
[1:12:05]
truly is a city park, then
[1:12:07]
those signs would just go
[1:12:09]
there. So, I think that's
[1:12:10]
something that you guys could
[1:12:12]
help determine.
[1:12:13]
which
[1:12:14]
where would you
[1:12:15]
like all those signs to go?
[1:12:16]
And what we would consider
[1:12:18]
parks in the community.
[1:12:23]
>> But the intent is parks,
[1:12:24]
ball fields, beaches.
[1:12:25]
>> Correct.
[1:12:26]
>> I'm good with it.
[1:12:28]
>> I'm okay with that.
[1:12:33]
>> What we can do is when we
[1:12:34]
bring it back, we can go. We
[1:12:35]
can provide a list of where we
[1:12:37]
think would be the best places
[1:12:38]
and then if we need
[1:12:39]
to add or subtract
[1:12:40]
from that list,
[1:12:41]
we can do so.
[1:12:43]
>> And I would just say
[1:12:44]
in terms of enforcement,
[1:12:46]
we kind
[1:12:47]
of are a city that always
[1:12:48]
begins with educating, which I
[1:12:51]
think just getting the word out
[1:12:53]
would be most important. I do
[1:12:55]
think that I kind of like
[1:12:58]
Indian harbor beaches. If we're
[1:13:00]
going, if we're going
[1:13:02]
to go a citation route,
[1:13:05]
I prefer their citations to the
[1:13:07]
others.
[1:13:11]
>> I mean a policy of a warning
[1:13:13]
as an initial map.
[1:13:14]
>> I mean, just
[1:13:15]
to answer one issue
[1:13:19]
about the enforcement, the way
[1:13:22]
that our code is set up is that
[1:13:27]
a person can be cited
[1:13:28]
for a violation
[1:13:29]
of the code just by the general
[1:13:33]
penalty provisions that are
[1:13:34]
in the code, which provides
[1:13:36]
for up to $500 fine or six
[1:13:38]
months in county jail, which
[1:13:41]
obviously that's not what you
[1:13:42]
want to do, so.
[1:13:43]
But you also have the ability
[1:13:45]
to say that it would be a
[1:13:47]
non-criminal offense and say
[1:13:48]
that this is what the charge is
[1:13:49]
going to be. Similar to. I
[1:13:50]
guess it was harbor that had
[1:13:52]
the right three levels
[1:13:56]
of fines. So that would. I'm
[1:13:58]
guessing that Brittany would
[1:13:59]
like some direction
[1:14:01]
on that too.
[1:14:03]
>> I'd like to see us when we
[1:14:05]
figure out where it's going
[1:14:07]
to go is not overburden us
[1:14:08]
with signs, you know, and if we
[1:14:11]
have a problem distinguishing
[1:14:13]
between a park and a playground
[1:14:16]
or anything like that,
[1:14:17]
then we need to simplify. City
[1:14:19]
property, I mean, even
[1:14:20]
out here in the breezeway,
[1:14:24]
discourage that takes somebody
[1:14:26]
that would be irresponsible,
[1:14:27]
real irresponsible
[1:14:28]
to do it right in front
[1:14:29]
of the doorway.
[1:14:31]
But it could happen.
[1:14:33]
>> And does it happen?
[1:14:35]
>> Not really. I mean it's a
[1:14:37]
professional environment.
[1:14:40]
>> Is that when we plan this
[1:14:41]
thing out, let's try
[1:14:42]
to plan it with.
[1:14:43]
>> Much simplicity as we can
[1:14:44]
and reduce.
[1:14:47]
>> Any burden that we have.
[1:14:50]
>> Putting signs out. I think I
[1:14:51]
agree with you, Mark. I think
[1:14:52]
isn't it. And Chief M. I'm sure
[1:14:53]
tell you is just as a matter
[1:14:55]
of community policing. You
[1:14:56]
usually leave that up
[1:14:58]
to an officer's dis discretion,
[1:15:00]
whether he's going to give a
[1:15:02]
warning the first time or a
[1:15:05]
second time or he doesn't. I
[1:15:07]
mean, I certainly understand if
[1:15:09]
someone is smoking and he's
[1:15:12]
sitting on the boardwalk and
[1:15:14]
then he flicks the cigarette at
[1:15:17]
the officer. I don't think
[1:15:18]
that's a time for a warning
[1:15:20]
at that point. I think that's.
[1:15:21]
We've got way past that.
[1:15:23]
However, on the other side,
[1:15:24]
if you just have some out there
[1:15:26]
who's just doing it who may not
[1:15:27]
know that that's the rule, I
[1:15:29]
would believe the discretion
[1:15:33]
would be education first.
[1:15:35]
Hey, you can't do that. Hey,
[1:15:37]
there's a sign over there. It
[1:15:39]
says you, you can't do that.
[1:15:42]
Please put that out. And that's
[1:15:43]
that. Similar
[1:15:44]
to the way they would do a lot
[1:15:45]
of other things. I mean,
[1:15:46]
I think you, you used your
[1:15:48]
discretion whether it's really,
[1:15:49]
really warranted or not,
[1:15:51]
depending on the situation.
[1:15:54]
That's why I just say. I don't
[1:15:55]
think you want to say that the
[1:15:57]
first time will always be a
[1:15:58]
warning. However, we want
[1:16:00]
to go with what we currently
[1:16:01]
do. I think with our current
[1:16:03]
community policing is we try
[1:16:04]
to educate first if we can. If
[1:16:07]
it warrants something more than
[1:16:09]
that, then we take the
[1:16:10]
appropriate action as we do
[1:16:11]
anything else. And let's not
[1:16:13]
change what we do. Just stick
[1:16:15]
as we do and let them, let them
[1:16:17]
do their job the way they do
[1:16:18]
their job.
[1:16:21]
>> Trust the sound discretion
[1:16:22]
of the officers.
[1:16:23]
>> Yes, I agree. And then again
[1:16:24]
then you could have the tiered
[1:16:28]
approach to that. You know,
[1:16:31]
if you're actually going
[1:16:33]
to cite somebody, the first
[1:16:34]
citation would be or do like
[1:16:37]
Harbor. You know,
[1:16:38]
the first citation is $50.
[1:16:39]
Second time could be $100. If a
[1:16:41]
third and
[1:16:43]
on forever ever comes up,
[1:16:47]
then it's 250 every time
[1:16:48]
after that. I mean,
[1:16:51]
I don't really have a problem
[1:16:53]
with that approach. I mean it's
[1:16:54]
probably a little bit lighter
[1:16:58]
than if you look at Melbourne
[1:17:01]
beach or in the Atlantic. It
[1:17:03]
was, you know, 100 the first go
[1:17:04]
around. I mean, I'm okay
[1:17:07]
with that. Too. I think that's
[1:17:10]
a reasonable approach
[1:17:11]
to it. I'll open up for.
[1:17:16]
Since we're trying
[1:17:20]
to make some decisions here,
[1:17:21]
please.
[1:17:28]
>> You know, it's pretty easy
[1:17:29]
to count the votes. This is
[1:17:30]
going to go forward. If it goes
[1:17:32]
forward. And as you're crafting
[1:17:35]
the language, could you please
[1:17:37]
include something that would
[1:17:38]
prohibit the use
[1:17:42]
of marijuana? And I don't know
[1:17:44]
if it has
[1:17:45]
to be specifically stated,
[1:17:48]
the smoking of marijuana,
[1:17:50]
whether it's. Eventually it's
[1:17:51]
going to pass and it's going to
[1:17:53]
become something that you will
[1:17:54]
have to face. So, if you could
[1:17:57]
put that into this ordinance
[1:17:58]
that you're crafting,
[1:18:01]
I would really appreciate that.
[1:18:02]
Thank you.
[1:18:04]
>> Good point, sir. Thank you
[1:18:05]
for bringing that
[1:18:08]
to our attention. I mean, I
[1:18:10]
know we say smoking and vaping.
[1:18:12]
Is that. Do you have
[1:18:13]
to define that somewhere? How
[1:18:15]
that gets put
[1:18:17]
out there? I'll have to take a
[1:18:19]
look again. I think it would be
[1:18:20]
better because vaping started
[1:18:21]
as marijuana use anyway.
[1:18:23]
Right. So, we probably want
[1:18:24]
to include that. So just. Just
[1:18:32]
looking at what you have
[1:18:33]
in there for issues
[1:18:34]
for consideration, do you. Do
[1:18:37]
you see. Is there anything
[1:18:38]
on their else that we need
[1:18:39]
to talk about or. That wasn't
[1:18:40]
included in the original?
[1:18:41]
>> I think I just need the
[1:18:42]
consensus that you want me
[1:18:43]
to put the citations like
[1:18:44]
Indian Harbors is that.
[1:18:46]
>> I'm okay with that,
[1:18:47]
with the direction.
[1:18:50]
>> I'm good with that.
[1:18:52]
>> Okay.
[1:18:55]
>> All right, then we will. We
[1:18:57]
will draft it and bring it
[1:18:59]
to the next. The next council
[1:19:00]
meeting.
[1:19:01]
>> I'm good with that.
[1:19:05]
>> Everybody, there's just
[1:19:06]
to bring up a kind of go
[1:19:07]
on the point that was just made
[1:19:09]
with marijuana. A medical
[1:19:12]
marijuana user would still fall
[1:19:15]
into this category. Yeah, you
[1:19:17]
can use it at home. Just don't
[1:19:19]
bring it to the beach. Right.
[1:19:21]
So, I'm kind of looking at Jim
[1:19:22]
to see does that have
[1:19:24]
to be specific in the ordinance
[1:19:25]
or is that understood?
[1:19:27]
>> I have to look.
[1:19:28]
>> Okay, okay.
[1:19:29]
>> You just outlawed it, so.
[1:19:31]
No, he's covered. He's not
[1:19:32]
covered. He has to do it
[1:19:33]
at home just
[1:19:34]
like the smokers. Yeah.
[1:19:40]
>> It sounds like it's already
[1:19:42]
in the law. So, you're not
[1:19:43]
allowed to smoke it
[1:19:44]
in five public.
[1:19:45]
>> So that would be
[1:19:46]
unnecessary.
[1:19:47]
>> Even if someone carries a
[1:19:48]
medical marijuana card. Card.
[1:19:50]
>> Okay.
[1:19:52]
>> They. They can stand there
[1:19:53]
with a medical.
[1:19:54]
>> Marijuana card and keep
[1:19:56]
comings all day.
[1:20:01]
>> Long and there's nothing
[1:20:03]
anything like you.
[1:20:04]
>> About it, but you,
[1:20:06]
you fire that.
[1:20:09]
>> Up and you got
[1:20:10]
to come.
[1:20:11]
>> Okay.
[1:20:12]
>> So, you have enough info on
[1:20:13]
that? I think a good consensus
[1:20:14]
on everything. Okay. All right,
[1:20:15]
moving on to agenda item 12.
[1:20:16]
Discuss, take action on
[1:20:17]
regulating alcohol consumption
[1:20:18]
on city property.
[1:20:19]
>> Thank you, Mayor. So, this
[1:20:21]
one is because it was asked
[1:20:23]
about to bring forth. So, it's
[1:20:25]
the same, the same thing. We
[1:20:27]
brought some staff,
[1:20:28]
has put together some
[1:20:29]
of the things that are going
[1:20:30]
on around some
[1:20:31]
of the other communities.
[1:20:32]
But just wanted
[1:20:33]
to make sure that you were
[1:20:34]
aware of what's currently
[1:20:35]
in our language. The current
[1:20:36]
ordinance prohibits alcohol
[1:20:37]
consumption
[1:20:39]
on any city owned streets,
[1:20:40]
sidewalks or properties except
[1:20:42]
under permit at specific
[1:20:43]
facilities that include the
[1:20:44]
Civic center, the DRS
[1:20:46]
Community Center, Sampson's
[1:20:47]
Island, Pelican beach park and
[1:20:48]
Pelican Beach Clubhouse. So
[1:20:49]
again, there is data here
[1:20:52]
from the surrounding
[1:20:54]
communities in Brevard county,
[1:20:55]
including Brevard County. And
[1:20:56]
then some issues
[1:20:58]
for key issues
[1:20:59]
for some consideration
[1:21:00]
to discuss some
[1:21:02]
of the special events, parks
[1:21:04]
and beaches and then how you
[1:21:05]
might want to see those,
[1:21:06]
if you were to include those,
[1:21:07]
how you would like
[1:21:09]
to see those addressed and
[1:21:14]
for future things.
[1:21:16]
>> So just looking
[1:21:17]
at this as a whole, does
[1:21:18]
everybody see what I see that.
[1:21:19]
I guess the first thing that
[1:21:21]
jumped out
[1:21:24]
to me is other than Cocoa
[1:21:25]
beach, everybody has it. Not
[1:21:26]
allowed in general.
[1:21:28]
>> I like Melbourne beach once
[1:21:29]
again here, if I'm reading this
[1:21:30]
correctly.
[1:21:31]
>> Okay. Yeah. Not restricted
[1:21:33]
by anything.
[1:21:36]
>> Except for parks.
[1:21:37]
>> Except for parks.
[1:21:39]
>> There is a reason
[1:21:42]
for why we don't want
[1:21:45]
to openly advertise a can
[1:21:49]
of beer walking
[1:21:50]
down the street. And I was kind
[1:21:52]
of wondering if. Chief, is
[1:21:57]
there bad things? I mean,
[1:22:00]
knowing who we are as a city.
[1:22:03]
Sorry to put you on the spot,
[1:22:04]
but knowing who we are as a
[1:22:16]
city and we are, at least
[1:22:17]
in my area, we're becoming very
[1:22:18]
kid friendly because we have a
[1:22:19]
lot of new families moving in
[1:22:20]
with little kids and we are
[1:22:21]
representing them, recognizing.
[1:22:22]
I see my neighbors walking
[1:22:23]
around and they're walking
[1:22:24]
around with cans of beer
[1:22:26]
on them or whatever. It has a
[1:22:27]
different meaning
[1:22:29]
to kids and then it also may
[1:22:32]
have a different meaning
[1:22:33]
to law enforcement. So really
[1:22:34]
the question is,
[1:22:35]
to law enforcement. What's the
[1:22:38]
biggest plus for the city not
[1:22:39]
allowing alcohol consumption
[1:22:40]
on a street compared
[1:22:42]
to allowing it.
[1:22:46]
>> The direct answer to that
[1:22:48]
question would be just what we
[1:22:49]
talked about earlier. It would
[1:22:51]
just give us another tool
[1:22:52]
to be able
[1:22:53]
to address a situation that,
[1:22:55]
where people are engaging
[1:22:57]
in behavior that's not good,
[1:22:58]
but hasn't risen to any
[1:23:00]
criminal level or any level
[1:23:02]
that we could do anything
[1:23:04]
about,
[1:23:05]
but we know it's going to.
[1:23:06]
That would just give us the
[1:23:08]
ability to say, listen, you,
[1:23:10]
you got a beer. You're not
[1:23:12]
allowed to have that. It's
[1:23:13]
against the law. So why don't
[1:23:15]
you Just head home. It's really
[1:23:16]
the same situation as it's not
[1:23:18]
allowed on the beach. And if we
[1:23:20]
have a situation
[1:23:21]
on the beach,
[1:23:22]
which we don't very often,
[1:23:24]
but every once
[1:23:26]
in a blue moon, you get two
[1:23:27]
people fishing and they get
[1:23:28]
into an argument. If they've
[1:23:30]
both been drinking and they got
[1:23:31]
stuff with them,
[1:23:32]
we can just use that to say,
[1:23:33]
listen, you guys got stuff
[1:23:34]
you're not supposed to ask.
[1:23:35]
You probably want to just pack
[1:23:36]
them up and find a ride home.
[1:23:38]
That that's a tool that we
[1:23:39]
would have to use
[1:23:40]
in that situation.
[1:23:45]
>> So, not that I went behind
[1:23:47]
the chief's back or anything,
[1:23:49]
but I did speak to an officer
[1:23:54]
and he basically echoed what
[1:23:56]
you said, and he gave me an
[1:23:57]
example where they had a bunch
[1:24:00]
of people at the skate park and
[1:24:01]
they were there and they were
[1:24:04]
drinking beer. And it got
[1:24:07]
to the point where he was able
[1:24:08]
to say, hey,
[1:24:11]
you can't do that here. Why
[1:24:13]
don't you pack it up and leave
[1:24:14]
as just saying you're not
[1:24:16]
out there trying to run
[1:24:19]
around and find people drinking
[1:24:20]
on the beach or anywhere else.
[1:24:22]
However, you can use it if the
[1:24:25]
situation arises, as you said,
[1:24:28]
as a tool
[1:24:30]
to curb a situation or
[1:24:32]
behavior.
[1:24:35]
But we're not paying folks
[1:24:36]
to go out there to run up and
[1:24:37]
down the beach looking
[1:24:39]
at everybody's cooler
[1:24:40]
to see what's going on
[1:24:43]
out there. And I would tend to
[1:24:44]
agree. I think we've had
[1:24:45]
discussion I don't know how
[1:24:46]
many times. Whether it's code
[1:24:48]
enforcement or everything else
[1:24:49]
that we talk about in the city
[1:24:51]
of Satellite Beach. We always
[1:24:52]
just try to say is unless
[1:24:54]
someone points it out
[1:24:56]
to be a problem,
[1:24:57]
unless it becomes an issue,
[1:24:59]
then we address the issue. If
[1:25:02]
it's not a problem, then
[1:25:04]
everybody just leaves it alone.
[1:25:06]
And then we just address it
[1:25:09]
that way. Like I said,
[1:25:10]
I think we kind of do that
[1:25:11]
with most things
[1:25:13]
around here. I don't much to, I
[1:25:15]
would say some citizens
[1:25:17]
chagrin. I don't see cops
[1:25:19]
for flying down the street
[1:25:20]
in the car
[1:25:21]
with their lights on,
[1:25:22]
chasing kids
[1:25:23]
with no helmets on, although I
[1:25:24]
see them every day. I saw them
[1:25:26]
today on my way home
[1:25:28]
from work. Kids that I know
[1:25:30]
that are not 16 years old and
[1:25:32]
they're riding around
[1:25:33]
with no helmets on.
[1:25:38]
But again, I'm short
[1:25:40]
of they ride right by them.
[1:25:41]
That might be a different
[1:25:42]
story, but I don't look
[1:25:43]
for us as a community to run
[1:25:46]
around trying
[1:25:47]
to find stuff. I think all
[1:25:49]
of our people have better
[1:25:50]
things to do than to do that,
[1:25:52]
but you should have that option
[1:25:54]
or that available to you.
[1:25:57]
Should you need it
[1:25:59]
to do that? Which, again,
[1:26:00]
I would just say, historically,
[1:26:02]
as a city, we've done that
[1:26:04]
in a lot of ways.
[1:26:05]
Like I said, we've done a lot
[1:26:06]
of code enforcement that way.
[1:26:08]
We're just kind of talking
[1:26:09]
about that
[1:26:11]
with the smoking thing. You
[1:26:14]
know, the idea is if it's a
[1:26:15]
problem,
[1:26:16]
we address the problem. It's
[1:26:18]
not a problem. I mean, I would
[1:26:20]
like to. I would say the same
[1:26:23]
thing about dogs on a beach,
[1:26:25]
much to a lot
[1:26:27]
of citizens chagrin, which.
[1:26:28]
That probably. You probably get
[1:26:29]
a lot more calls on that than
[1:26:32]
you would want.
[1:26:33]
>> I twitch just when you say
[1:26:34]
dogs on the beach.
[1:26:36]
>> Good night.
[1:26:37]
>> Designated hours. I stand
[1:26:38]
by my
[1:26:39]
>> There's a solution.
[1:26:41]
>> I agree, yes. Designated
[1:26:42]
hours.
[1:26:44]
>> It just kills me.
[1:26:45]
>> But, you know,
[1:26:47]
on the same hand is, you know,
[1:26:49]
I would say there's no bad
[1:26:50]
pets,
[1:26:51]
there's just bad pet owners.
[1:26:52]
So, if people would behave
[1:26:54]
appropriately and not cause a
[1:26:56]
problem, you may not have a
[1:26:57]
problem. And I think when we
[1:26:59]
talk about. When we talk
[1:27:01]
about parking
[1:27:02]
on the beach and that some of
[1:27:04]
the things that were brought up
[1:27:05]
by the committees and what they
[1:27:07]
brought to us was the behavior
[1:27:08]
that was going on
[1:27:10]
at the beach,
[1:27:13]
people burying diapers
[1:27:14]
in the sand and all those type
[1:27:16]
of things that was going on.
[1:27:17]
That was the problem. That was
[1:27:18]
the problem at hand,
[1:27:20]
that we had to come up
[1:27:21]
with a solution to address that
[1:27:22]
problem.
[1:27:25]
>> I appreciate the practical
[1:27:26]
point in the. That you're
[1:27:27]
making, but I guess I kind
[1:27:29]
of come back
[1:27:31]
to the philosophical point that
[1:27:33]
Councilman Sams made,
[1:27:36]
is that if. If an adult is
[1:27:38]
consuming alcohol responsibly
[1:27:40]
in an aluminum, not glass,
[1:27:41]
because there's an externality
[1:27:43]
there, you know, like, you
[1:27:44]
know,
[1:27:45]
that's really an exercise
[1:27:50]
of their individual liberty,
[1:27:51]
in my view. That being said,
[1:27:53]
said we don't want our city
[1:27:54]
to be a, you know, target
[1:27:57]
for flash mobs
[1:27:58]
of irresponsible people. But I
[1:28:00]
don't know the. I was a
[1:28:01]
prosecutor in Georgia, so I
[1:28:02]
know their criminal code a lot
[1:28:03]
better than I know ours.
[1:28:04]
Hardly here at all.
[1:28:05]
But it's like, there's.
[1:28:06]
Disorderly conduct is a crime
[1:28:07]
up there. It's not just that
[1:28:09]
you're intoxicated. You have
[1:28:10]
to show boisterousness, I
[1:28:12]
think, is like, what's
[1:28:14]
in the code. So, if you were
[1:28:16]
being disorderly,
[1:28:17]
I'm sure there's somewhere
[1:28:18]
in the floor of code that would
[1:28:19]
cover public intoxication or
[1:28:20]
disorderly conduct or something
[1:28:21]
of that nature. If your
[1:28:22]
intoxication is causing you to.
[1:28:23]
You know,
[1:28:25]
I get that this allows room
[1:28:29]
for discretion
[1:28:31]
below that level. And that
[1:28:33]
point is well taken. So, I
[1:28:35]
just, I can't. The reason it
[1:28:39]
came to me is I was reading the
[1:28:40]
statute. You know, it's
[1:28:42]
like I can't think
[1:28:44]
of a good argument as to why a
[1:28:46]
responsible adult should not be
[1:28:48]
able to drink a beer
[1:28:52]
in an aluminum, you know,
[1:28:53]
container on one of our beaches
[1:28:55]
or our sidewalks or park,
[1:28:57]
for that matter.
[1:28:59]
>> Well, because you're
[1:29:00]
influencing the kids,
[1:29:01]
remember?
[1:29:03]
>> Yeah, that I, That's a. I
[1:29:06]
mean, you could get
[1:29:07]
to that straw man that goes,
[1:29:08]
that goes into any. That goes
[1:29:09]
into really, you know,
[1:29:11]
public hygiene type, you know,
[1:29:12]
arguments that I don't.
[1:29:16]
>> So, I guess my question is.
[1:29:17]
And, you know, I appreciate
[1:29:19]
that, you know, you looked
[1:29:22]
at the current ordinance, but
[1:29:24]
I. So, I would go back and say
[1:29:26]
this difference from. This
[1:29:27]
differs from the smoking
[1:29:29]
ordinance because we didn't
[1:29:31]
have one. So, we're trying
[1:29:32]
to solve that issue. So, we
[1:29:33]
already have this ordinance.
[1:29:35]
It's already, it's
[1:29:37]
on the books. It's been this
[1:29:38]
way I don't know how many
[1:29:39]
years. It's probably been
[1:29:41]
on the books. But do you
[1:29:43]
perceive this as it's a current
[1:29:45]
problem or is it a current
[1:29:46]
issue? Do you see that as Do
[1:29:47]
you know, has it gone
[1:29:50]
around and infringed on anybody
[1:29:51]
that you know of?
[1:29:55]
>> No, no. It came
[1:29:57]
to me because I think we're,
[1:29:59]
the smoking ban, if you will,
[1:30:02]
was an amendment
[1:30:03]
to this same code section.
[1:30:04]
>> Yes.
[1:30:06]
>> And it occurred to me that
[1:30:08]
in and of itself, the conduct
[1:30:09]
that's being prohibited there,
[1:30:11]
as outlined by me, you know,
[1:30:12]
someone who's of age
[1:30:14]
with an aluminum container,
[1:30:15]
who's not. Other otherwise,
[1:30:17]
you know, who's not intoxicated
[1:30:19]
otherwise doing anything wrong.
[1:30:21]
I don't know that that should
[1:30:23]
be prohibited in our city. I
[1:30:25]
get the implication that that
[1:30:27]
person is not going
[1:30:28]
to necessarily be chosen
[1:30:30]
to have a. Have a problem
[1:30:31]
with that. Doesn't. I guess I
[1:30:35]
still theoretical things don't
[1:30:36]
still matter to me. So that's.
[1:30:38]
Why I brought it up.
[1:30:42]
>> May I make a comment?
[1:30:44]
>> Absolutely. Okay.
[1:30:45]
>> I don't see any reason
[1:30:46]
to change what we have
[1:30:48]
at this point, except I want
[1:30:49]
to ask Chief a question.
[1:30:50]
Currently, our enforcement or
[1:30:52]
penalties are not specified.
[1:30:54]
Are you still good with that?
[1:30:55]
Do you feel
[1:30:57]
like that part should change
[1:30:58]
at all? Are you good how it's
[1:30:59]
written?
[1:31:06]
>> Honestly, if you're asking
[1:31:07]
me that question,
[1:31:08]
then I would say if we're going
[1:31:09]
to address it and you want to,
[1:31:10]
it would be easier
[1:31:11]
in that particular section
[1:31:13]
to be able
[1:31:15]
to write a citation, because
[1:31:16]
right now as our city attorney
[1:31:19]
pointed out, every. Every
[1:31:22]
violation of our city ordinance
[1:31:23]
that doesn't have a particular
[1:31:25]
penalty attached to it as a
[1:31:27]
secondary misdemeanor. So, we
[1:31:28]
go from its either. It's like
[1:31:29]
0 to 100 and so
[1:31:31]
to have something in the middle
[1:31:33]
would be nice only because
[1:31:35]
you're talking about it and
[1:31:36]
because you asked me the
[1:31:37]
question, is it,
[1:31:38]
is it anywhere a big enough
[1:31:40]
deal for me to ever come
[1:31:41]
to the boss and say, hey, boss,
[1:31:42]
I'd like to bring this up
[1:31:43]
to the city council that we
[1:31:44]
need
[1:31:45]
to add a penalty or citations
[1:31:46]
for this not even close. So,
[1:31:47]
you could make it like a, like
[1:31:49]
a civil city code violation
[1:31:51]
type thing. Yeah, that's what
[1:31:52]
we were just talking. About
[1:31:54]
in the last one. So, if there's
[1:31:55]
a violation of the code. The
[1:31:59]
police department is able
[1:32:00]
to write ticket, whatever the,
[1:32:05]
whatever that, whatever.
[1:32:07]
>> The paperwork is, that they
[1:32:08]
will be filing it legally as a
[1:32:10]
second-degree misdemeanor
[1:32:11]
for a violation of the local
[1:32:12]
government code.
[1:32:14]
>> But what the chief is
[1:32:15]
suggesting is that we could
[1:32:17]
potentially provide a middle
[1:32:19]
way.
[1:32:21]
>> Yeah, just like you were
[1:32:22]
talking about
[1:32:23]
with the last ordinance. You
[1:32:24]
can make it a non-civil
[1:32:26]
infraction. I mean. Yeah, a
[1:32:27]
non-criminal infraction and
[1:32:28]
establish fines
[1:32:29]
for it.
[1:32:31]
>> I mean, if we're not going
[1:32:32]
to have a consensus
[1:32:34]
to really, you know,
[1:32:36]
that would be a,
[1:32:39]
that would be a middle. That
[1:32:43]
would be a middle way that I
[1:32:44]
think there might be more
[1:32:45]
consensus for. I mean,
[1:32:47]
it sounds consistent
[1:32:48]
with what we've talked
[1:32:49]
about here. You know, I don't
[1:32:50]
know, but like,
[1:32:53]
that's--
[1:32:56]
>> I'm not in agreement
[1:32:58]
with allowing it
[1:32:59]
on the beaches or parks,
[1:33:01]
so I wouldn't necessarily want
[1:33:02]
to change the ordinance,
[1:33:03]
except I was curious
[1:33:04]
about that. The amounts we were
[1:33:05]
talking about for smoking,
[1:33:07]
fifty hundred for those,
[1:33:08]
keeping them consistent
[1:33:10]
with the two. Or do you have
[1:33:12]
thoughts on that?
[1:33:14]
>> Yes, ma' am. If you all
[1:33:16]
chose, because you're here and
[1:33:19]
you're looking at it, it's
[1:33:20]
in front of you and you would
[1:33:21]
ask me the question. If you
[1:33:22]
choose to say, hey,
[1:33:24]
let's lessen this from an
[1:33:25]
actual secondary misdemeanor
[1:33:28]
to just civil citation, then
[1:33:31]
yes, the more consistent
[1:33:35]
across the board you are,
[1:33:36]
instead of having to go,
[1:33:38]
everyone's different. It's kind
[1:33:39]
of a, that's kind
[1:33:41]
of a hassle. But, but that's.
[1:33:42]
Again, I,
[1:33:43]
I don't care one way or
[1:33:44]
another. So, if I say anything
[1:33:45]
that sounds
[1:33:46]
like I'm trying to, I'm not. I
[1:33:48]
really, I don't make laws. I
[1:33:49]
enforce them. You do whatever
[1:33:50]
you do Whatever you say,
[1:33:52]
we'll take care of it. Not a
[1:33:53]
problem. But just because we
[1:33:54]
don't have that problem and
[1:33:56]
haven't had that problem.
[1:33:58]
That's why I've never come and
[1:33:59]
asked you that.
[1:34:01]
But because it was brought up,
[1:34:03]
sure. That'd be kind of nice
[1:34:05]
to be able to just say, listen,
[1:34:06]
because right now,
[1:34:07]
if there's a problem,
[1:34:09]
it's either knock it
[1:34:11]
off or you're going to get
[1:34:14]
arrested or knock it off,
[1:34:15]
you're going to get a ticket.
[1:34:16]
It's always easier if we can
[1:34:17]
just do that.
[1:34:19]
But that's just. If you feel
[1:34:20]
like you want
[1:34:21]
to go there and get there,
[1:34:22]
fine. If not, it's been
[1:34:24]
like this for the 38 years I've
[1:34:25]
been here,
[1:34:27]
and it's not a problem.
[1:34:30]
>> And what I was trying
[1:34:31]
to say, perhaps, and artfully,
[1:34:32]
is that there's not going
[1:34:33]
to be a majority
[1:34:35]
to move totally away from this.
[1:34:36]
I would view that as an
[1:34:38]
improvement because you don't
[1:34:39]
have people who are becoming a
[1:34:41]
criminal over behavior that I
[1:34:43]
don't think is harmful.
[1:34:46]
>> Okay.
[1:34:47]
>> And, I mean, I'm okay
[1:34:48]
with that,
[1:34:49]
with what you just said,
[1:34:50]
more or less. If the penalties
[1:34:51]
were basically the same that we
[1:34:53]
just said. I mean. Well, the
[1:34:55]
only thing I would say is that
[1:34:57]
we do need to add, you know,
[1:34:58]
DeSoto, Cateno park and the
[1:34:59]
sports park to our list
[1:35:01]
of places where you need,
[1:35:05]
what do you call.
[1:35:09]
>> It, like a permit or a
[1:35:10]
waiver?
[1:35:11]
>> Permits. Right.
[1:35:13]
>> So currently, right now,
[1:35:14]
you cannot have alcohol
[1:35:15]
at those parks, even if you did
[1:35:17]
have a special event permit.
[1:35:19]
>> So, I would say you have
[1:35:21]
to add those, number one.
[1:35:22]
But then I have a question.
[1:35:24]
How about Sherwood Avenue on
[1:35:28]
Halloween? Because nobody gets
[1:35:29]
a permit and most
[1:35:31]
of us are walking around
[1:35:32]
with alcohol, especially
[1:35:34]
after a certain point in the
[1:35:36]
night where the little kids
[1:35:37]
have gone.
[1:35:39]
>> I was really hoping nobody
[1:35:40]
was going to ask that question.
[1:35:41]
>> I lived there.
[1:35:45]
>> I was just really hoping you
[1:35:46]
weren't asking that question.
[1:35:50]
>> Absolutely. I'm going
[1:35:51]
to answer that question.
[1:35:52]
But I just. I was kind of
[1:35:53]
raising my hand because I
[1:35:54]
wanted to add that should you
[1:35:56]
all choose to do that,
[1:35:59]
I just wanted to confirm,
[1:36:00]
because we were talking about
[1:36:01]
other law violations that
[1:36:03]
generally would be associated
[1:36:04]
with that. And we have all
[1:36:06]
of those. We have disorderly
[1:36:07]
intoxication. We have all
[1:36:08]
of that stuff
[1:36:09]
to be covered if it ever rose
[1:36:11]
to a level that a ticket wasn't
[1:36:13]
good enough. So, we're covered.
[1:36:15]
Whether you implement citations
[1:36:16]
or not, we're covered. The
[1:36:17]
answer to the question is
[1:36:21]
pretty simple. It's blocked
[1:36:23]
off. Traffic's not allowed
[1:36:26]
to go through there. And as
[1:36:28]
long as someone doesn't give us
[1:36:29]
a reason to go look
[1:36:33]
in their direction, then we
[1:36:34]
just keep everybody
[1:36:36]
coordinated. And we. Now, if
[1:36:38]
they're walking
[1:36:39]
down the street with a bottle
[1:36:40]
of the bottle, then we.
[1:36:42]
Because now we don't have a
[1:36:43]
choice. Now you're standing
[1:36:44]
in front
[1:36:45]
of me committing a violation.
[1:36:46]
So, I have to say you have
[1:36:47]
to pour that
[1:36:48]
out or get rid.
[1:36:49]
>> Of it or whatever. Why is a
[1:36:51]
bottle different than a can,
[1:36:52]
though? Is there actually a law
[1:36:53]
that says glass?
[1:36:54]
>> No, no,
[1:36:55]
sir. I just use that term.
[1:36:57]
>> But, well,
[1:36:59]
because it matters.
[1:37:00]
>> Alcohol.
[1:37:02]
>> No, it does.
[1:37:03]
>> I agree. But I just meant
[1:37:04]
for our purposes,
[1:37:05]
if it's a can
[1:37:06]
of beer or a bottle
[1:37:07]
of vodka or whatever. It's
[1:37:08]
just. If you. If it's. If it's
[1:37:09]
in my face,
[1:37:10]
I don't have a choice. I have
[1:37:11]
to say, you have.
[1:37:13]
>> You can't throw that out
[1:37:15]
in public. But even a can that
[1:37:16]
can be identified as a
[1:37:17]
Budweiser can. Cause they're
[1:37:18]
pretty evident we're
[1:37:19]
against the law because we're
[1:37:20]
in the street.
[1:37:21]
>> That's correct. That's
[1:37:24]
absolutely correct. If you are
[1:37:27]
walking.
[1:37:28]
>> Yeah, I'm not cool
[1:37:33]
with that.
[1:37:34]
>> That's kind of my concern.
[1:37:35]
It's like, that's.
[1:37:36]
>> So, you keep kicking
[1:37:37]
over stones. We can be here
[1:37:38]
all-night kicking
[1:37:39]
over stones. Because all that
[1:37:40]
stuff exists
[1:37:41]
in the real world. We're using
[1:37:42]
practical experience to try to
[1:37:43]
assure that everybody walks
[1:37:44]
home safe at the end
[1:37:45]
of the day. What I like
[1:37:46]
to make sure we don't do
[1:37:47]
from our vantage point is,
[1:37:50]
is we talked
[1:37:51]
about instilling levels
[1:37:52]
of fines for something that
[1:37:54]
may be not needed there. What I
[1:37:56]
heard is that we're using this
[1:38:00]
ordinance. No alcohol,
[1:38:02]
as a tool to regulate something
[1:38:07]
that could expand the fisherman
[1:38:10]
as the example or anybody
[1:38:12]
walking on the street,
[1:38:14]
when you go up
[1:38:16]
to them and you say, hey,
[1:38:17]
you better go home. You can't
[1:38:18]
have this, or you dump it out.
[1:38:20]
I would think everybody goes,
[1:38:22]
oh, I'm sorry,
[1:38:23]
it's gone. I'm going home.
[1:38:25]
>> That works.
[1:38:28]
well, only those that are
[1:38:30]
throwing cans back at the
[1:38:31]
officer is when you're going
[1:38:33]
to escalate it
[1:38:35]
for the most part. And that's
[1:38:36]
when you want the civil
[1:38:37]
(INAUDIBLE). I mean,
[1:38:38]
you want.
[1:38:39]
>> That'd be assault.
[1:38:40]
>> Well, yeah,
[1:38:41]
but I guess what I'm getting
[1:38:42]
at is that's when you want
[1:38:43]
to turn the heat up. So, I
[1:38:44]
don't know if we need any
[1:38:45]
median ground. I don't know if
[1:38:47]
we need a 50, 100 and 250 fine.
[1:38:48]
Unless the chief Comes back
[1:38:50]
at a later time, says, hey, we
[1:38:51]
start, we need this now because
[1:38:52]
we got people that are
[1:38:53]
in the middle grounds.
[1:38:57]
>> Two things,
[1:38:59]
if you don't mind. I just want
[1:39:00]
to make it clear because I just
[1:39:01]
don't want there to be any
[1:39:03]
misconceptions. I'm not saying
[1:39:05]
that we condone or that we
[1:39:08]
allow intentionally anybody to
[1:39:10]
violate our law or the law or
[1:39:12]
our city ordinance on
[1:39:14]
Sherwood Avenue on Halloween.
[1:39:16]
All I'm saying is if you don't
[1:39:18]
give me. If there's two people
[1:39:20]
walking down the street and
[1:39:21]
they each are holding a solo
[1:39:23]
cup and their little kid in
[1:39:24]
costume and they don't give me
[1:39:25]
a reason to go, what's
[1:39:27]
in your solo cup? Then I assume
[1:39:28]
the assumption on our part is
[1:39:30]
we have intelligent, well
[1:39:31]
educated people here and they
[1:39:33]
know what's right and what's
[1:39:34]
not, and we assume that they're
[1:39:36]
following the law unless they
[1:39:37]
give us visual evidence
[1:39:39]
to believe otherwise. So, I
[1:39:41]
just didn't want you
[1:39:42]
to think that.
[1:39:44]
>> No, I didn't.
[1:39:45]
>> You're good.
[1:39:46]
>> Okay.
[1:39:47]
>> Yeah.
[1:39:48]
>> You're good.
[1:39:49]
>> It's important to me
[1:39:50]
for you to think. Well, wait a
[1:39:51]
minute. So, you just choose
[1:39:52]
to pick? No, we're not thinking
[1:39:53]
of choosing. It's just if you
[1:39:55]
don't give me a reason
[1:39:56]
to look, then I'm not going
[1:39:57]
to look.
[1:39:58]
>> Can I ask, Jitter, are you
[1:39:59]
good with going
[1:40:00]
to a civil penalty us to a
[1:40:02]
misdemeanor?
[1:40:03]
>> I was asking kind
[1:40:04]
of what your preference is
[1:40:05]
on that. If you were good as
[1:40:06]
the ordinance is written or
[1:40:08]
at this time, if we are going
[1:40:09]
to make any change, if that
[1:40:10]
would be something that would
[1:40:12]
be beneficial
[1:40:13]
to you and your department.
[1:40:16]
>> Again, we. We really. We
[1:40:17]
don't have a problem, Knock
[1:40:18]
on wood. So, I've never had
[1:40:20]
to even ever worry about it.
[1:40:22]
Only because we're talking
[1:40:24]
about it. I'm sitting here and
[1:40:26]
you ask me that, then the
[1:40:27]
answer truly is certainly if
[1:40:28]
there's another avenue rather
[1:40:31]
than going from 0 to 100.
[1:40:33]
Sure, that's fine. That's
[1:40:34]
better. If it doesn't pass,
[1:40:36]
is it going to ruin my night?
[1:40:38]
No, because we just. We have
[1:40:40]
just a good community who just
[1:40:44]
does the right thing 90%
[1:40:45]
of the time. Most
[1:40:46]
of the problems we have, folks,
[1:40:47]
are not even our people
[1:40:48]
in our own city. It's people
[1:40:49]
that come from other places.
[1:40:50]
Our community's engaged,
[1:40:51]
they're intelligent,
[1:40:52]
and they do the right thing 98%
[1:40:53]
of the time. So thankfully,
[1:40:54]
I've never had
[1:40:56]
to come ask the boss to say,
[1:40:57]
can I come talk to the council
[1:40:58]
to create some of These
[1:41:01]
restrictions or penalties or
[1:41:02]
whatever, because we just don't
[1:41:03]
need them as of right now.
[1:41:06]
>> But can you bring back model
[1:41:08]
language? Would that change
[1:41:09]
when we bring the smoking ban
[1:41:10]
back?
[1:41:12]
>> Yeah, we can bring back the
[1:41:14]
ordinance for the alcohol
[1:41:15]
to have that. The citation,
[1:41:17]
added citation,
[1:41:18]
and then educate consensus. If
[1:41:20]
you want me to add in
[1:41:22]
Frankatino park and the sports
[1:41:23]
park to be able
[1:41:24]
to have alcohol
[1:41:25]
on special events.
[1:41:30]
>> I would like that.
[1:41:31]
And the only reason I say that
[1:41:32]
is because we don't have the
[1:41:33]
open space like we used
[1:41:35]
to next to the rec center. So
[1:41:36]
we are moving some things to
[1:41:37]
DeSoto Field these days. I
[1:41:38]
could see us having an event
[1:41:39]
there
[1:41:40]
for some reason or other,
[1:41:42]
and we shouldn't.
[1:41:43]
>> Like the chief's retirement
[1:41:45]
party or something.
[1:41:47]
>> There you go.
[1:41:48]
>> No, but I'm serious. I think
[1:41:50]
it's. Yeah, I agree.
[1:41:51]
>> Yes, I agree. I mean,
[1:41:52]
I guess. Yeah, I think that
[1:41:53]
was. I think you brought those.
[1:41:54]
Those points about. And I think
[1:41:55]
you're right. We should include
[1:41:56]
them. They should be included
[1:41:57]
like the rest.
[1:41:58]
>> Do you want it
[1:42:00]
to just be all city facilities?
[1:42:11]
As long as we have a special
[1:42:12]
event permit,
[1:42:13]
I would not mind that.
[1:42:14]
>> That flexibility piece
[1:42:15]
in there.
[1:42:16]
>> Yeah, I'm okay
[1:42:17]
with that.
[1:42:18]
>> All right, then we will be
[1:42:19]
happy to draft it and bring it
[1:42:20]
to the next council meeting.
[1:42:21]
>> Parting words.
[1:42:23]
>> Just if that's where you're
[1:42:25]
going to go. I like that.
[1:42:27]
Because when someone applies
[1:42:29]
for a permit, we all have
[1:42:30]
to look at it. So, I know
[1:42:31]
what's going to happen,
[1:42:32]
what's going to happen,
[1:42:33]
when it's going to happen,
[1:42:35]
how many people are expected.
[1:42:37]
So, if you're going to go
[1:42:38]
in that direction, it does make
[1:42:39]
it a whole lot easier for us
[1:42:40]
to be prepared for it,
[1:42:41]
as opposed to just saying,
[1:42:42]
okay, we're opening up
[1:42:43]
to the whole city.
[1:42:44]
>> Not that I care if you did
[1:42:45]
that. I really don't.
[1:42:47]
But that if. If you were
[1:42:49]
to ask my opinion, I think that
[1:42:50]
that would be good. Special
[1:42:51]
activity permit. And you want
[1:42:52]
to have that, fine. Because we
[1:42:54]
already deal with that.
[1:42:58]
>> So. Like it. All right. We
[1:43:01]
all good with that one? Moving
[1:43:07]
on to agenda item 13.
[1:43:08]
Discuss. Take action on
[1:43:09]
Resolution 1072.
[1:43:12]
>> This one was pulled.
[1:43:14]
>> Oh, that's right. My bad.
[1:43:16]
Forgot that.
[1:43:18]
>> We'll come back to you
[1:43:19]
at a later date.
[1:43:21]
>> Okay, we're going to move
[1:43:23]
on to agenda item 14, which.
[1:43:25]
Which is a public hearing.
[1:43:27]
Discuss. Take action on
[1:43:28]
Ordinance 1270. Jim?
[1:43:35]
>> Ordinance number 1270, an
[1:43:36]
ordinance of the city of
[1:43:37]
Satellite Beach, Brevard
[1:43:39]
County, Florida, amending the
[1:43:40]
fiscal year 2024, 2025 budget,
[1:43:43]
ordinance number 1257,
[1:43:44]
providing an effective date.
[1:43:47]
This is the second reading
[1:43:48]
of ordinance number 1270.
[1:43:53]
>> There are no changes.
[1:43:54]
>> I was just going
[1:43:55]
to say no changes
[1:43:57]
since the first reading. Does
[1:43:58]
anybody have any questions
[1:43:59]
on this?
[1:44:00]
Since nothing's changed. My.
[1:44:01]
My questions got cleared up. I
[1:44:04]
don't understand parentheses. I
[1:44:05]
like plus minus.
[1:44:07]
>> It's weird.
[1:44:09]
>> It's hard for me
[1:44:10]
to understand. It's an
[1:44:11]
accounting thing,
[1:44:12]
I'm sure.
[1:44:13]
>> Right?
[1:44:14]
>> It is. That's what I was
[1:44:15]
told. I know. To me. To me. I
[1:44:16]
like red numbers because its
[1:44:18]
kind of spelled it spells it
[1:44:20]
out for me. I understand red
[1:44:21]
numbers, but it's in black and
[1:44:22]
white. I know. I get you. All
[1:44:24]
right. I will open up agenda
[1:44:25]
item 14 for citizens comment.
[1:44:28]
If anybody chooses to comment
[1:44:31]
on this second reading hearing.
[1:44:33]
None. I'll bring it back up
[1:44:38]
here. Nothing further. I'll
[1:44:41]
entertain a motion to accept
[1:44:42]
this.
[1:44:44]
>> I'll make a motion to adopt
[1:44:45]
ordinance number 1270
[1:44:47]
on second reading.
[1:44:51]
>> Second.
[1:44:53]
>> Okay, I'll move second. Any
[1:44:56]
further?
[1:44:57]
>> [ CALLING ROLL]
[1:45:03]
>> And that passes. And
[1:45:05]
we'll close that public
[1:45:13]
hearing. We don't need
[1:45:14]
to do the 1073. We took care
[1:45:15]
of that. Right. And so,
[1:45:16]
agenda items
[1:45:18]
for the next meeting. Well,
[1:45:22]
for the good of the order,
[1:45:23]
I have to say I will not be
[1:45:25]
at the meeting in two weeks. I
[1:45:27]
know you're so disappointed,
[1:45:28]
man.
[1:45:29]
>> I know.
[1:45:30]
>> Really?
[1:45:32]
>> Yeah. I'll tell you why I'm
[1:45:33]
disappointed after this,
[1:45:34]
but.
[1:45:35]
>> All right.
[1:45:37]
>> Beside the point. Brittany
[1:45:38]
areas I already talked
[1:45:39]
about that week,
[1:45:41]
so everybody sees those that
[1:45:42]
are in there. If there's
[1:45:43]
anything you would like
[1:45:44]
to add, take away, have
[1:45:45]
questions, please get
[1:45:48]
with staff on that. And that
[1:45:49]
meeting is June 18th at 6pm if
[1:45:51]
there's nothing further, if
[1:45:53]
there's anything that is that's
[1:45:54]
going to come up,
[1:45:58]
next meeting that you're going
[1:46:01]
to miss, and I would assume if
[1:46:02]
it means a whole lot to you,
[1:46:04]
we can pull it and move it.
[1:46:05]
>> Yeah.
[1:46:06]
>> I don't want you excluded
[1:46:07]
from it.
[1:46:08]
>> I can call you
[1:46:09]
from my car if you'd like.
[1:46:10]
Well, I just want.
[1:46:11]
>> I don't want you excluded
[1:46:12]
for something that you.
[1:46:13]
>> Yeah, that's why I say if
[1:46:14]
you do it, just get with staff
[1:46:15]
and you can mention it. I am
[1:46:17]
sure if you feel strongly,
[1:46:19]
something like that, until
[1:46:20]
Brittany, she'd be more than
[1:46:21]
happy to take it
[1:46:22]
off the agenda and pull it
[1:46:23]
to the next time
[1:46:25]
without issue. I'll look
[1:46:26]
into it. I'll let you know in a
[1:46:28]
week. I appreciate that.
[1:46:29]
>> Thank you.
[1:46:30]
>> Okay.
[1:46:31]
>> Don't let me know.
[1:46:32]
>> There's nothing further.
[1:46:34]
>> Sorry.
[1:46:35]
>> May ask one question.
[1:46:36]
>> Sure.
[1:46:37]
>> Do we meet? June, July 2?
[1:46:39]
>> No, we do not.
[1:46:40]
>> You get, like,