2014-0515 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting May 15,2014 City of Sunny Isles Beach,Florida City Manager Russo said we have gone over the whole gambit of possible penalties and as the City Attorney pointed out that is the policy decision aspect of this that we have to work with. In the final analysis and in checking with one of the communities that have this,and it seemed to him if we were going to have any kind of penalty it should be one that is: 1) manageable; and 2) has some nexus to our streets in our community and keeping them in order. Therefore if we are going to do any level of community service he would limit it to community service in the Public Works area which is more of a meaningful penalty and it is community service work which is a positive aspect of a penalty for something that pretty much effects the youth in our community,for things like pick up litter,getting chewing gum off the sidewalk, etc. Mayor Edelcup said that is a good revision because he doesn't think any of us wanted to monetarily impact any child or student who is skateboarding where they should not be. But on the same token there has to be some sort of penalty and community service working for Public Works may be the right solution. He suggested that this Ordinance be modified to reflect that, and that the deletion take place for any monetary. He also would suggest that we have a section in the Ordinance that requires the City to have an educational program take place before the Ordinance becomes effective. That educational program could take place at the Sunny Isles Beach Norman S. Edelcup K-8 School where all the students would have the opportunity to have this explained to them so that everyone understands before the Ordinance goes into effect. Mayor Edelcup opened the public hearing for speakers. Police Chief Fred Maas said he wants to ensure that the students that are here tonight and who live in the City, he wants them to be fully aware that the Police Department is tasked with the safety of all people in the City. The Police Department does not make the laws,it is their job to enforce the laws that are made by the Legislative branch or in this case, the municipalities. We may or may not agree with a particular piece of legislation but we are tasked with carrying it out,however,a police officer does maintain the discretion as to when they have someone stopped for a violation as to whether they enforce it,give them a break,or choose some other alternative measure of enforcement. There are inherent difficulties with the intended enforcement of this particular piece of legislation or municipal ordinance. It is our goal to work with you on that and to iron out some of these differences yet with safety in mind. He strongly suggested that the Police Department in conjunction with members of the Student Government, as well as many of you who are skateboarders, to sit down in a round table discussion and come up with alternative methods as opposed to direct enforcement including an educational awareness campaign,presentation of flyers,getting others to do the right thing because in many cases he thinks it is a matter of courtesy vs. discourtesy that results in these safety situations. You know yourselves that people on bicycles or on skateboards when they are approaching or overtaking someone from behind are often times startled regardless of their age but especially with the elderly when someone goes flying by them at break neck speed. Once again he wants to remind you that the Police Department's position and every officer here is to protect the safety of everyone regardless of their age,the elderly, the middle aged, the children, and the youngest ones who are in strollers or maybe walking as toddlers along with their parents. He really thinks we can do more than to jump to an enforcement program that does not serve to benefit the officers who will be unpopular, who really don't want to write these pieces of legislation because he believes that would be selective enforcement when we stop to write one skateboarder a violation and six more 8