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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-172Temp. Reso #11735 November 17, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- ! 7 2- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AN APPLICATION BY THE BROWARD SHERIFF'S OFFICE FOR THE RELEASE OF LAW ENFORCEMENT TRUST FUNDS IN THE AMOUNT OF $20,000.00 TO PROVIDE FUNDING FOR TAMARAC DISTRICT EXPLORER POST 7, THE REQUEST COMPLIES WITH THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE BROWARD SHERIFF'S OFFICE (BSO); PROVIDING FOR CONFLICTS; PROVIDNG FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac currently contracts for police services with the Broward Sheriff's Office; and WHEREAS, the City Commission of the City of Tamarac approved a five (5) year Agreement with the Broward Sheriff's Office as Resolution R-2005-121, a copy of which is available in the City Clerk's Office; and WHEREAS, the City of Tamarac is desirous of maintaining a high level of competent professional police service; and WHEREAS, the Broward Sheriffs Office has initiated several new programs to increase the efficiency of the police service that they provide; and and WHEREAS, BSO wants to start an Explorer Post exclusive to the Tamarac District; WHEREAS said funds shall be and shall always remain in the ownership of the City and may be earmarked for the Tamarac District's use within the confines of the City; and Temp. Reso #11735 November 17, 2009 Page 2 WHEREAS, in accordance with the requirements of Section 12.4 of the Agreement, the request shown as Exhibit "A" and per Exhibit "B" has been determined to be in legal compliance with Florida Statute 932.7055(4) by a BSO legal advisor and is accompanied by a written certification to that effect; and WHEREAS, the City Manager, the BSO Chief of the Tamarac District, and the Interim Director of Financial Services recommend the acceptance of an application by BSO to allow for the release of $20,000.00 to start an Explorer Post for Tamarac District 7; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the application by BSO to allow for the release of $20,000.00 to start an Explorer Post for Tamarac District 7; and WHEREAS, the City Commission of the City of Tamarac, pursuant to Section 166.241, Florida Statutes, desires to budget and appropriate an amount not to exceed Twenty Thousand and 00/100 ($20,000.00) Dollars from the LETF fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits referenced in this Resolution are hereby incorporated herein and made a specific part hereof. SECTION 2: The appropriate City officials are hereby authorized and directed to approve the application by BSO, to allow for the release of $20,000.00 of Law Enforcement Trust Funds to start an Explorer Post for Tamarac District 7, to be utilized by BSO personnel strictly within the confines of the City of Tamarac. 1 1 1 Temp. Reso #11735 November 17, 2009 Page 3 SECTION 3: It is hereby found and determined that the proposed funds pursuant to Section 166.241, Florida Statutes, the City Commission hereby budgets and appropriates an amount not to exceed Twenty Thousand and 00/100 ($20,000.00) Dollars from the LETF fund. SECTION 4: Furthermore, the appropriate City Officials are hereby authorized to execute a payment from the Law Enforcement Trust Fund, payable to BSO, in order for BSO to enter an order to start an Explorer Post for Tamarac District 7. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of the Resolution. SECTION 7: passage and adoption. Temp. Reso #11735 November 17, 2009 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: MARION SWEN ON, CMC City Clerk I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ,W,4SAMEL S. GOREN City Attorney ! � day of , 2009. I ( f BETH FLANSBAUM-TAtABISCO Mayor Record of COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: VM DRESSLERi 1 1 Temp Reso #11735-Exhibit A Office of the General Counsel 2601 West Broward Boulevard Fort Lauderdale. Florida 33312 1954) 331.8920 (T-Aephone) (954) 321 -4•t25 (far • Gentnal Counsel) 195.1) 321.5040 (Fax • Legal) 195,1) 797.0937 (Fax - Confiscations Unit) www.sheriff.org Chief J. Marc Duguay District 7 — Tamarac 7515 Fine Island Road Tamarac, FL 33321 ?'/7pB 41 SeMce lslf/'l! hlf2 /7�- . November 6, 2009 Re: LETF — Tamarac District Explorer Post 7 $20,000 Dear Chief Duguay: Upon review and consideration of the above referenced LETF request to be submitted to the city for approval, I believe LETF funding is appropriate for this expenditure, pursuant to Florida State Statutes 932.7055, Should you have any questions or concerns, please feel free to contact me at 954-321-4641. Sincerely, Donald Gelin, Esq. Assistant Legal Counsel DG/kab cc: Vicki J. Petersen, DLE Administration H:\DONAL.D\t-etters\2009\t.FTF\duguay-tamarac district explorer post 7.doc HOWARD SHERIFF'S OFFICE TAMARAC DISTRICT 7515 N.W. 88th Avenue TAMARAC, FL 333321 (954) 720-2225 �'rra�� rh �Serr�ice tvir�.Tttifx�rfJx DATE: October 9, 2009 MEMO TO: Major Kevin Tyrie Acting North Regional Major FROM: Chief J. Marc Duguay Tamarac District SUBJECT: Request for Approval of L.E.T.F. Purchase This memorandum is forwarded to request approval to present to the Tamarac City Commission a proposal for an expenditure of $20,000.00 from the Tamarac Law Enforcement Trust Fund to fund Tamarac District Explorer Post 7. Additionally, as per section 12.4 of the current AGREEMENT FOR POLICE SERVICES, I am requesting a memorandum from the. BSO Legal Unit certifying that the request complies with the provisions of FSS 932,7055(4). 12A ... said request shall first be submitted to the BSO legal advisor for a determination of the legality of the request. The Tamarac District agrees to submit such application to the City Commission for appropriation accompanied by a written certification that the request complies with the provision of 932.7055(4) Florida Statutes. Background At the beginning of the 2009 calendar year I conferred with, and received permission from, Colonel Edward J. Werder to start an Explorer Post exclusive to the Tamarac District. This idea was then discussed with Tamarac City Manager Jeff Miller. Mr, Miller was very excited about the prospects of an Explorer Post and he asked that we proceed with the formation of the post. Mr. Miller also authorized the submission of a $20,000.00 L.E.T.F. request to the Tamarac City Commission to be used as the initial funding for this project. Program Overview The Law Enforcement Explorer Program is a career -oriented program that gives young adults the opportunity to explore a career in law enforcement by working with local law enforcement agencies. It is one of the Exploring programs from LEARNING FOR LIFE, a non -Scouting subsidiary of the Boy Scouts of America. The program is generally available to qualified young adults who graduated 8th grade and are ages 14 through 21. The Law Enforcement Explorer Program will offer a unique opportunity for the youths of Tamarac to gain realistic insight and exposure to the duties and functions of law enforcement. Tamarac District Explorers will receive training in a wide variety of law enforcement functions including, but not limited to; accident investigation, traffic control, community policing, crime prevention, crime scene investigation, patrol procedures, firearm safety and drill and ceremony. The Tamarac District Explorer Post will be structured much like a law enforcement agency with youth being eligible to progress through the ranks to positions of leadership and responsibility within the post. The post will also train for local, regional and national competitions in various law enforcement skill categories. The structure of the post is designed to instill a sense of responsibility, leadership, discipline and self-confidence in participating youth members. The primary goal of the explorer program is to prepare these youth for a career in the field of law enforcement. The Broward Sheriff's Office Tamarac District currently has six sworn personnel that began as law enforcement explorers. As a component of their training and exposure to law enforcement, Explorers will also be utilized to assist Tamarac District personnel with a variety of functions. This assistance is anticipated to occur at functions such as the Tamarac Veteran's Assembly, the annual Tamarac Turkey Trot, the Tamarac July 4►h Celebration, as well as other City functions where their presence can enhance public safety and/or expose additional Tamarac youth to the program. Broward Sheriff's Office Tamarac District personnel will serve as advisors and leaders for the post. Specialized training is mandated for all advisors and has been coordinated through, and provided by, LEARNING FOR LIFE. Several of the district personnel that have volunteered to work with the post were themselves explorers or have served as post advisors previously. Explorer Advisors will be compensated in a variety of ways to include; compensatory time accrual, overtime, and payment in the form of off -duty details. Pro used Explorer Post Structure The Tamarac District Explorer Post will be initially started with 20 Explorers and 10 Post Advisors. The goal is to grow the Tamarac District Explorer Post to 30 active Law Enforcement Explorers. Post Executive Officer: Lieutenant Fred Wood Post Advisor: SRD Steve Delsol, Millennium Middle School Assistant Advisor: Deputy Bob Martinez, Tamarac District Advisors: Sergeant Darryl Stallings, Tamarac Alpha Shift Corporal Jim Dees, Tamarac Alpha Shift Corporal Steve Davis, Tamarac Bravo Shift Deputy Eric Strzalkowski, Tamarac Power Shift Deputy Rich Mosca, Tamarac Alpha Shift Deputy Mario Ginory, Tamarac CMV Deputy Detective Monica Jean, Tamarac C.I. Expenditures Learnina for Life, Inc. Charter Fee: Paid by District 20.00 Learning for Life, Inc. (Paid by District) Membership Fee - 30 total $1 1.00 per person (20 Youth) (10 Adult) $330.00 Explorer Uniforms and Related Equipment - $250.00 x 20 $5,000.00 Advisor Polo Shirts - $20.00 x 10 _ $200,00 Advisor Compensation Contractual Detail Rate ($37.00 per hour x 400 hours) $14,800.00 .............. Total Initial Projected Costs $20,350.00 fAlread Paid b Tamarac District _ _50.00 Total of L.E.T.F. Request $20,000.00 Tamarac L.E.T.F. Status Balance Due to some changes in the language of the current AGREEMENT FOR POLICE SERVICES, between the City of Tamarac and the BSO, the City of Tamarac has two separate L.F.T.F. accounts. All monies forfeited prior to the current agreement are being held in a L.E.T.F. account by the BSO Bureau of Finance and Budget as Law Enforcement Trust Fund -- City of Tamarac (68420). As of 9- 16-09, the balance on that account was $176,584.89. Monies forfeited since the inception of the Current AGREEMENT FOR POLIO SERVICES are being held by the City of Tamarac Finance Department. As of 9-23-09, the balance of the City of Tamarac held L.E.T.F. account was $56,679,83. The current balance being held in the two City of Tamarac L.E.T.F. accounts is $233,264.72. It should be noted that on October 5, 2009, a L.r~.T.F. request was approved for funding a program to be provided by the Tamarac Parks and Recreation Department for the amount of $11,575.00. Once the funds for the previous L.E.T.F. request of $11,575.00 are subtracted from the account, the account balance will be $221,689.72. Upon approval, I will forward the request to the City Manager for presentation to the City Commission for approval. cc: Jeff Miller, Tamarac City Manager Temp Reso #11735-Exhibit B . CITY OF TAMARAC MEMORANDUM NO.2009-194 TO: Jeffrey Miller, City Manager CC: Michael. Cernech, Deputy City Manager Diane Phillips, Assistant City Manager J. Marc Duguay, Police Chief FROM: Samuel S. Goren, City Attorney s,Sq Julie F. Klahr, Assistant City Attorney Jacob G. Horowitz, Assistant City Attorney P5P DATE: December 3, 2009 RE: City of Tamarac ("City") / Law Enforcement Trust Fund. Expenditure — Police Explorers Pursuant to your request, the City Attorney's Office has examined whether Law Enforcement Trust Fund ("LETF") monies may be used in furtherance of the Broward Sheriff's Office Police Explorers program. After review, our office has concluded that the utilization of LETF funds for the Police Explorers program is a permitted use under Chapter 932, Florida Statutes, and the request complies with the requirements of §932.7055, Florida Statutes. Please contact our office if there is any additional information. that we can provide. SSG/JGH 1 :`2005\050164 TAMARWIMEMO XXR,2009-194 (LETF Funds • Police 8xplorers).doc