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HomeMy WebLinkAboutDocumentation_Regular_Tab 10-C_9/22/1998 MI° CO RESOLUTION NO. 42 - 97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF • ) I THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A COOPERATIVE AGREEMENT FOR THE OPERATION OF THE PALM BEACH JUVENILE ASSESSMENT CENTER BETWEEN THE STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE AND THE TEQUESTA POLICE DEPARTMENT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Cooperative Agreement for the Operation of the Palm Beach Juvenile Assessment Center Between the State of Florida Department of Juvenile Justice and the Tequesta Police Department attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 22nd day of September, A.D. , 1998 . MAYOR OF TEQUESTA y v Elizabeth A. Schauer ATTEST: Joann Manganiello Village Clerk amipro\resolutions\42-9798 I! - I MEMO To: Thomas G. Bradford, Village Manager From: Stephen J. Allison, Chief of Police Aaa-- Subject: Council Agenda Item- Cooperative Agreement Date: September 17, 1998 With your approval I would like for the attached cooperative agreement be placed on the Council agenda for the September 22, 1998,meeting. This Cooperative Agreement for the Operation of the Palm Beach County Juvenile Assessment Center allows us to use this new facility. Once the center is open it will be the only place in Palm Beach County where we can place arrested juveniles. Mr. Randolph has reviewed the agreement for legal form and sufficiency. (See attached letter.) 09/18/1998 10:31 5615756214 TEQUESTA PD PAGE 02 SEP 17 '98 t3Q:49AM SOWS FOSTER JOM6TON & STU8ti5 Ir.in . JONES RIoe&Center r we',Suits 1 IOo MYipMi MMus �JOHNSTON 303 South Fleald Drive Mee Ott"tee lion 3473 8LtA Wan Palm Buck.Florida 33401 WWt pub Bead'.Florida 3.a402-3475 ! ulephone lab l)639.3000 Oscaislile ta61)e32-1434 M ttMB l ^1!� I.1O C.Rudd ►Sal. Direct Dial;(551)630-0431 FecoaeT: olplet wu:a•fostticAea September 16, 1998 VIA FAX:575.621E • Stephen J.Allison Chief of Police Tequesta Police Department Post Office Box 3273 Tegument,Fiords 33469-0273 RE: Village of Tequesta Cooperative Agreement-Palm Beach County Juvenile Assessmene Center Our Fi:e No. 13153.1 Deer Chief Alison: This is a follow up of my letter to you of yestenlay. I have spoken to David Kerr who his indicated be has already received nine of these agreements back from other municipalities. He assures me that there is no funnels'obligation on the put of the Village in executing this agreement Additionally, the language tot forth in the paragraph is taken directly from Florida.Statute 955. On the basis of my conversation with Mr. Kerr.I see no problem in the Village executing the agreement with the pecper'sigrmttue block for the Village Manager. Sincerely, JONES,FQS';ER.,JOHNSTON&STUBBS.P.A. r John C_Randolph JCRhatn cc: Thomas G. Rr dtbrd,Village Manager 09/16/193 09:19 5615756214 TEQUESTA PD PAGE 01 �� �o rr�•�yrri JunrS FOSTER JOHNSTON & STUBBS P.1/2 _ ' JONES JOHNSFOSTER Plaster Center tower.Suite 1100 Moiling Address TON SOS Soglh Plaster Drive Peat afore Box 3475 PA Wert Palm Sauk,Florida 33.101 West Palm Bud.Florida 33402.3475 � � 7b►ephvnc(361)639.3000 Fatllmilo t561)J3?-1454 John C.Rudolph,YEAS. Direct Dial:(561)650-0 4Sfl E-usu:Jracdolph joss t-toeter.00 September 15. 1998 WA FAX;575.6218 • Stephen J.Allison Chief of Police Tcqussta Police Department Post Office Box 3273 Tequests,Florida 33469-0273 RE: village o f Tequesta Cooperative Apeatnent-Palian Beach County Juvenile Assessment Center Our File No. 13153.1 Dear Chief A:Iia= I have reviewed the above referenced meant and have some questions in regard to same which I have referred tc David Kerr at the State of Florida Department of Juvenile Justice. It seams to me, in reviewing the legislation, that the Cooperative Agreement must specify the financial or in kind support to be provided by the local government. The Ietter tient Peny Anderson. dated September 8, 1995,indicates that no additional cash or in kind contribution is necessary. It some to me.therefore.that that should be reflected within the agreement. In addition,I do rot sea the purpose served by the second paragraph of this eggreement, It seema.to me it simply indicates the purpose of the assessment center and I would not want this agreement to be h tQprated ea tndetteking some responsibility by the Village which we would not otherwise have to undertake. I bdieve that Florida Statute would outline the responsibilities of those who use the center and that should be sufhxoient. PAY•I would think a cooperative agreement B intended to be one between the easement center end the municipality,something in the form of en interlace!agreement. That decision,however, rests with the Department of Juvenile Justice to determine whether or not what they are obtaining is going to accomplish their purpose. 09/16/1996 09:19 5615756214 TEQUESTA PD PAGE 02 xr •� cs nd earM JurES FOSTER JOHNSTON & STUBBS P.2/2 Stephen J. Ali lion September 15, 1998 Page 2 In essence, if the Village is going to sign an agreement like this, I would recommend that it be confined to tht:language set forth in the first paragraph,whereby it agrees to supJR rt the operation of the Palm B each Juvenile Assessment Center, but that the agreement indicate that there iw no additional emit or in kind contribution expected from the Village. Sincerely, JONES,FOSTER,JOHNSTON&STUBBS,P.A. Aot,°‘ John C.Randclph JCR/sam cc: Thomer O.Bradford,Village Manager n rt 1tsl l It J'Vi11a. re of Tequesta DIMWIT 0,MeV JJSIN.E =�+ STATE OF FLORIDA Village Manager's ic DEPARTMENT OF JUVENILE JUSTICE • September 11, 1998 Mr. Thomas G. Bradford Village Manager 357 Tequesta Drive Tequesta, Florida 33469 Dear Mr. Bradford: The Palm Beach County Juvenile Assesscnenc.Center will soon be operational. You will be notified of the exact date and time at least seven (7) days in advance. When operational, the Juvenile Assessment Center will become our intake receiving facility for all juveniles who are taken into custody and charged with a delinquency offense, whether or not the offense meets the statutory criteria for secure detention. The Florida Legislature has partially funded the operation of juvenile assessment centers throughout the State for Florida. The 1998 Legislative Appropriation requires an agreement between the department and local law enforcement.agencies in order to continue this funding. The purpose of the agreement is to ensure appropriate local participation by all agencies involved. Our local agreement reflects .the 'statutory requirements that are already in effect and does not require any additional cash, or in kind contribution. Attached is the agreement that has been developed for law enforcement agencies here in Palm Beach County. Also attached is the legislative proviso language in specific appropriation#1000 which requires such an agreement. Please review both documents and contact David Kerr or Darryl Olson at 561-616-1560 if you have any questions or concerns. Otherwise, I would appreciate your return of the signed original agreement no • later than September 24, 1998, in the enclosed self-addressed stamped envelope. Thank you in advance for your usual cooperation. SinII/ Perry L. An erson Juvenile Justice Manager [Attachments] PLA/cgm a:Agreement Ltr 9-8-98 1756 North Congress Avenue•Suite 101 •.West Palm Beach • Florida 33409 LAWTON CHILES, GOVERNOR CALVIN ROSS, SECRETARY COOPERATIVE AGREEMENT FOR THE OPERATION OF THE PALM BEACH JUVENILE ASSESSMENT CENTER In Accordance with F.S. 985 This agreement is required by legislation for Juvenile Assessment Centers to continue to receive funding under specific appropriation. The purpose of this agreement is to establish that each law enforcement agency in District IX, Palm Beach County, will support the operation of the Palm Beach Juvenile Assessment Center. Therefore, we the undersigned, consistent with this legislation, agree to support the operation of the Palm Beach Juvenile Assessment Center. Florida Statute 985 provides that a law enforcement officer taking juveniles into custody for a law violation may transport the individual to a juvenile assessment center equipped and staffed to assume custody of the juvenile for the purpose of assessing their needs, detention screening and intake. The assessment center will serve as the central intake and screening facility, for juveniles referred to the Department of Juvenile Justice for law violations, in Palm Beach County. Additionally, law enforcement will make diligent effort to notify the parent, guardian, or legal custodian of any juvenile taken into custody by their agency. For those juveniles who are suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, law enforcement shall deliver the child to a hospital for necessary evaluation and treatment. If a juvenile appears to be mentally ill, law enforcement shall take the juvenile to a designated public receiving facility for examination pursuant to Florida Statutes. If a juvenile appears to be intoxicated and has threatened, attempted or inflicted harm on their self or others, or is incapacitated by substance abuse, law enforcement shall deliver the juvenile to the Addiction Receiving Facility located at the Juvenile Assessment Center. Law enforcement agencies delivering juveniles to the Assessment Center will also assist in the care, custody and security of those juveniles until such time as they are turned over to an intake corrections deputy. THE TEQUESTA POLICE DEPARTMENT By: Thomas G. Bradford Date Village Manager 357 Tequesta Drive Tequesta, Florida 33469 561-746-7474 - 1 - • CONFERENCE REPORT ON HOUSE BILL 4201 i SECTION 4 - CRIMINAL JUSTICE AND CORRECTIONS ,r• SPECIFIC APPROPRIATION • year allocations must be reported by October 1, 1998 to the Legislature. In addition, funds In Specific Appropriation 1008 shall not be provided to a JAC after October 1, 1998 unless the JAC has a cooperative agreement in place with each local government whose law enforcement agencies or child welfare agencies make use of the JAC specifying the financial or in-kind support to be provided by the Local government. A copy of each such agreement shall be filed with the department by October 1, 1998. • 1001 OTHER PERSONAL SERVICES FROM GENERAL REVENUE FUND 789,583 FROM GRANTS AND DONATIONS TRUST FUND . . 106.204 1002 EXPENSES • FROM GENERAL REVENUE FUND 22,497,818 FROM GRANTS AND DONATIONS TRUST FUND 1.311.090 FROM SOCIAL SERVICES BLOCK GRANT TRUST FUND 1,016,035 • • 1003 AID TO LOCAL GOVERNMENTS GRANTS AND AIDS - INVEST IN CHILDREN FROM JUVENILE CRIME PREVENTION AND EARLY INTERVENTION TRUST FUND 400,000 1004 OPERATING CAPITAL OUTLAY FROM GENERAL REVENUE FUND 1,094,408 1005 FOOD PRODUCTS FROM GENERAL REVENUE FUND 2,806,380 FROM GRANTS AND DONATIONS TRUST FUND . . 1,6-31,119 1005A LUMP SUM LOCAL PREVENTION GRANTS FROM GENERAL REVENUE FUND . . . . . . . . 2,000,000 FROM GRANTS AND DONATIONS TRUST FUND . . . 2,234,013 From the funds in Specific Appropriation 1005A, $2,000,000 from general revenue and $2,234,013 from trust funds are provided for prevention and intervention grants to be awarded by the local Juvenile Justice Councils. These grants may.include programs such as Boys and Girls Clubs, YMCA/YWCA, after-school, mentoring, counseling, and job and life skills training. Funds in Specific Appropriation 1OO5A are contingent upon the department submitting a list of proposed grant • recipients with the budget amendment which allocates the lump sum to the Speaker of the House of Representatives, the President of the Senate, and the minority party leaders of the House and Senate pursuant to the provisions of Chapter 216, Florida Statutes. The list of grant recipients shall also provide the purpose of each grant, the population to 232 • II CONFERENCE REPORT ON HOUSE BILL 4201 SECTION 4 - CRIMINAL JUSTICE AND CORRECTIONS I: SPECIFIC APPROPRIATION Actual number of escapes from secure detention • facilities per fiscal year 31 Actual number of batteries requiring medical attention per fiscal year for youth on youth and youth on staff 963/166 • From home detention per fiscal year, the actual number of: A. Absconds 473 B. New law violations 147 In addition to the measures and standards listed above, the department shall collect and report data as appropriate for measures adopted by the • legislature as policy analysis measures, which measures are incorporated herein by reference. Pursuant to s. 216.0166(5) and s. 216.0166(7), Florida Statutes, the Executive Office of the Governor shall maintain the official record of adjustments to the performance measures and standards as adopted by the criminal justice conference committee on the 1998-1999 General Appropriations Act. 1000 SALARIES AND BENEFITS POSITIONS 4,784 FROM GENERAL REVENUE FUND 141,214,001 FROM GRANTS AND DONATIONS TRUST FUND . . 410,153 FROM SOCIAL SERVICES BLOCK GRANT TRUST FUND . . 9,865,600 From the General Revenue funds provided in Specific. Appropriations 1000, 1002, and 1004, $497,130 and 58 positions, $257,027, and $184,445 respectively is provided for case management staff. The first priority for use of these positions shall be to staff the intake functions at juvenile assessment centers, if such centers exist in the districts to which the staff are allocated. If existing assessment centers in the district are already fully staffed with permanently assigned case managers, districts may use these positions to perform community control and •aftercare supervision functions. From the funds in Specific Appropriation 1000, the department shall report prior year expenditures and current allocations for Juvenile Assessment Centers (JAC's) in a manner that clearly distinguishes • between expenditures for (1) overhead, administration and other expenditures specific to ' the JAC and (2) the services provided within the JAC's that could otherwise be provided in other settings. These prior year expenditures and current 231