[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,