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HomeMy WebLinkAboutcocc_resolution_no_2021-16_20210921RESOLUTION NO. 2021-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AUTHORIZING THE ESTABLISHMENT OF A CITY OPERATED AND MAINTAINED POLICE ATHLETIC LEAGUE PROGRAM AS AN ADDITIONAL COMPONENT OF THE CITY'S LEISURE SERVICES DEPARTMENT; DECLARING THAT THE POLICE ATHLETIC LEAGUE PROGRAM ESTABLISHED HEREUNDER SERVES A MUNICIPAL AND PUBLIC PURPOSE; ESTABLISHING AN ACCOUNTING PROCEDURE AND POLICE ATHLETIC PROGRAM FUND FOR PURPOSES OF ACCEPTING CHARITABLE CONTRIBUTIONS AND OTHER DONATIONS RELATED TO THE POLICE ATHLETIC LEAGUE PROGRAM; PROVIDING GOALS AND OTHER REQUIREMENTS OF THE POLICE ATHLETIC LEAGUE PROGRAM; PROVIDING FOR SEVERABILITY, REPEAL OF -PRIOR INCONSISTENT RESOLUTIONS AND AN EFFECTIVE DATE. WHEREAS, the City is vested with all the authority and rights granted under the Florida Municipal Home Rule Powers Act ("Act"); and WHEREAS, historically, the City of Cape Canaveral has successfully partnered with the Brevard County Sheriff's Office ("BCSO") to participate in the BCSO's Police Athletic Program, and this program has provided various athletic and academic opportunities to local area children and community events; and WHEREAS, the BCSO's Police Athletic program has been a positive force serving the local Cape Canaveral community for many years; and WHEREAS, however, the City was unfortunately advised that the BCSO has decided that it will no longer be operating its own police athletic league; and WHEREAS, notwithstanding the decision made by the BCSO, there is still a strong need and desire to have a local police athletic league and the City Council desires to continue the tradition of having a police athletic league serving the children and community of Cape Canaveral and the surrounding area; and WHEREAS, pursuant to the authority vested in the City under the Act and under its general police powers, the City has the authority to establish its own police athletic program, in partnership with participating law enforcement agencies and other local governments, that strives to promote the prevention of juvenile crime and violence by building relationships among kids, law enforcement and community through positive engagement; and WHEREAS, the City's police athletic league program established hereunder shall be operated as an additional component of the City's Leisure Services Department under the direction and supervision of the City Manager and oversight of the City Council; and City of Cape Canaveral Resolution No. 2021-16 Page 1 of 5 WHEREAS, the City Council hereby also finds that creating an accounting procedure and separate fund to support the City's police athletic program for purposes of accepting charitable contributions and other donations and providing additional athletic and academic activities for children and related community events promotes the future fiscal integrity of the program and is in the best interests of the police athletic program created hereunder by the City; and WHEREAS, the City Council also hereby finds that this Resolution is intended to provide additional community events and athletic and academic opportunities to local area children and to promote the well-being of humanity without discrimination of any kind whatsoever; and WHEREAS, the City Council further declares that this Resolution, and the purposes stated herein, serves a municipal and public purpose; and WHEREAS, the City Council finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals: Findings. (A) The foregoing recitals are hereby deemed to be true and accurate and are fully incorporated herein by this reference as duly adopted legislative findings of the City Council of Cape Canaveral. (B) The City Council establishes the following goals for the PAL Program established hereunder: 1. Increase the academic success of youth participants in the PAL Program; 2. Promote a safe, healthy environment for youth under the supervision of the City's Leisure Services Department, and participating law enforcement agencies and local governments, where mutual trust and respect can be built; 3. Increase school attendance by providing alternatives to suspensions and expulsions; 4. Reduce the juvenile crime rate in the local community and the number of police calls involving juveniles during non -school hours; 5. Provide youths with alternatives to drugs, alcohol, tobacco, and gang activity; City of Cape Canaveral Resolution No. 2021-16 Page 2 of 5 6. Create positive communications and interactions between youth and law enforcement personnel and community leaders; 7. Prepare youth for the workplace and higher education; 8. Provide community events that promote and support the PAL Program including creating opportunities to provide charitable contributions and donations to be used to provide PAL Program activities for youth; and 9. Providing youth local athletic, academic and volunteer opportunities. Section 2. Establishment of Police Athletic Program. (A) Established. Pursuant to the aforementioned legislative findings and goals, there is hereby established a City police athletic program for purposes of promoting the prevention of juvenile crime and violence by building relationships among kids, cops and community through positive engagement, such as through additional athletic, academic and volunteer opportunities for local area children and community events ("PAL Program"). (B) Funding and Charitable Contributions. The nature of the PAL Program and the objects and purposes to be transacted, promoted, and carried on under this Resolution shall be partially funded by the City under the Leisure Services Department at the sole discretion of the City Council, and by acquiring from persons or entities, by grant, gift, devise, bequest, charitable contribution, and otherwise, money or in -kind donations ("Charitable Funding"). The Charitable Funding received by the City shall be used solely to operate and maintain the PAL Program. Nothing herein shall require or obligate the City to appropriate any funds to the PAL Program. The intent is to fund the PAL Program substantially thorough Charitable Funding to the maximum extent possible. (C) Eligible Participants. Generally, youth between the ages of 12 years old and 18 years old from Cape Canaveral, Cocoa Beach and surrounding unincorporated area of Brevard County. However, the City Manager may establish age -specific PAL Program activities for youth under the age of 12 years old by administrative policy and procedure as provided under Subsection (F) below. Eligible participants shall be allowed to participate in the PAL Program without discrimination of any kind whatsoever. (D) Accounting Procedures. The City Manager is hereby instructed to implement an appropriate accounting procedure and separate fund for purposes of receiving, and accounting for, all Charitable Funding received by the City under the PAL Program. (E) Receiptsfor Charitable Funding. Upon receipt by the City of any monies or in -kind donations from persons or entities under the PAL Program, the City Manager or designee thereof City of Cape Canaveral Resolution No. 2021-16 Page 3 of 5 shall acknowledge, in writing, the City of Cape Canaveral's receipt of the specific monetary contribution or in -kind donation. The written acknowledgment shall also include a reference to this Resolution and shall also include a disclaimer in a form approved by the City Attorney that the City of Cape Canaveral's acknowledgment shall not be construed as rendering any tax advice as to whether or not the monetary contribution or in -kind donation is tax deductible. (F) PAL Program Administration and Oversight. The PAL Program shall be operated as a component of the City's Leisure Services Department. The administration of the PAL Program shall be under the direction and supervision of the City Manager, and the City Manager shall have the authority to establish written PAL Program administrative policies and procedures consistent with this Resolution. The City Manager may delegate responsibilities required to operate and maintain the PAL Program under this Resolution to City staff as deemed appropriate and necessary by the City Manager. However, the City Council shall maintain oversight over the PAL Program at its lawful discretion and to the extent deemed necessary by the City Council. (G) Law Enforcement Participation. The City Manager is hereby authorized and directed to recruit law enforcement agencies including, but not limited to, the BCSO and City of Cocoa Beach Police Department, to participate in the PAL Program, and to that end, the City Manager is authorized to negotiate and execute, in consultation with the City Attorney, a memorandum of understanding or agreement with such law enforcement agencies to participate or partner in the PAL Program consistent with the goals and policy established by this Resolution. Section 3. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. Should any section or provision of this resolution, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5. Effective Date. This resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Signature Page Follows] City of Cape Canaveral Resolution No. 2021-16 Page 4 of 5 RESOLVED by the City Council of the City of Cape Canaveral, Horida, in a regular meeting assembled on the 21st day of September, 2021. Bob Hoog, Mayor ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney For Against Mike Brown X Robert Hoog X Mickie Kellum X Wes Morrison Motion Angela Raymond Second City of Cape Canaveral Resolution No. 2021-16 Page 5 of 5 SEAL of Cape Canaveral, Florida