Nov-2004

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MINUTES OF A MEETING OF THE GOVERNING BODY OF PELICAN BAY On the9th dayof November,2004,theCouncilof theCity of PelicanBayconvened in a meeting,the samebeingopento placethereof,in theCity Hall,andnoticeof saidmeeting thepublicat theregularmeeting havingtime,placeandsubject V.S.C.S. thereof,havingbeenpostedasprescribedin Article 6261-17 l.

CALL TO ORDER. Mayor Hawkinscalledthemeetingto orderat 7:00p.m.

2. ROLL CALL. AldermanKeller, AldermanHunter,AldermanSparksandAldermanMcElyeawere present.AldermanDavis wasabsent. 3. REVIEW AND CONSIDER APPROVAL OF THE CITY COT'NCIL MINUTES FOR THE PREVIOUS MEETINGS. AldermanSparksmovedto approvethe Minutesfrom meetingsof September 4,2004, October12,2004andOctober26,2004. AldermanHuntersecondedthe motionthatpassedby a voteof 4/FORandO/OPPOSED. 4. ADJOURN TO EXECUTIVE SESSIONPURSUANTTO SEC.55I.O71, TEXAS GOVERNMENT CODE TO DELIBERATE THE DUTIES OF A PUBLIC OFFICER AND TO HEAR A COMPLAINT OR CHARGE AGAINST A PUBLIC OFFICER, TO-WIT: MARLYN HAWKINS, BETTY KELLER, CALVIN HUNTER, ALTON DAVIS, JIMMY SPARKS AIID DOUG MCELYEA. TheCounciladjoumedto ExecutiveSession at 7:08p.m. TheCouncilreturnedto OpenMeetingat 8:13p.m. 5. REVIEW AND APPROVE A MULTIPLE CANINE PERMIT. Therewasno actionasOrdinance72 addresses Multiple CaninePermitswith an annualfeeof $25.00. 6. REVIEW AND APPROVE TAX SALE OF l4l2 SHERI LAI\E S. PROPERTY. AldermanKeller movedto not approvethe saleof thepropertyandAldermanSparkssecondedthe motion. By a voteof 4/FORandO/OPPOSED, themotionpassed. 7. REVTEWAND APPROVE REPLAT FOR R.D. WTLSONPROPERTTES- LOTS 203,204AND 205 AT 1917CORAL ROAD. A motionwasmadeby AldermanSparksto approvethe replatof R.D. themotionthatpassedby a vote of 4/FORand Wilson'sproperties.AldermanHunterseconded O/OPPOSED. 8. REVIEW APPLICATIONS AND APPOINT A FIRE CHIEF. AldermanSparksmovedto appoint themotion. The motionpassedby a vote MichaelMitchell asFire Chief andAldermanMcElyeaseconded of 3/FORand I/OPPOSED. 9. CONSIDER AI\D APPROVE NORTH TEXAS EMS SUBSTATION AT THE VOLUNTEER FIRE DEPARTMENT STATION. AldermanSparksmovedto approvea North TexasEMS substationat the VolunteerFire DepartmentStation.AldermanHunterseconded the motionthatpassedby a vote of 4/FOR and0/OPPOSED. 10. EXECUTIVE SESSIONPURSUANT TO THE PROVISIONS OF SEC. 551.074TO DELIBERATE EMPLOYMENT OF RESERVE OFFICERS: BYRAN CHANCELLOR. SHEFFIELD.

CECIL

WILLIAMS,

Council adjourned to Executive Sessionat 8:43 p.m. Council reconvenedin Open Sessionat 10:00p.m.

JR., DANIEL

THOMPSON

AND

DAVID

MINUTES OFA MEETING OF THE GOVERNING BODY OF PELICAN BAY Continued- PageTwo

11. REVIEW AND APPROVf, POLICE RESERVE OFFICERS. Alderman Sparks moved to approve Bryan Chancellor as a Reverve Officer. Alderman Hunter secondedthe motion that passedby a vote of 3/FOR and2lOPPOSED. A motion was made by Alderman Keller and secondedby Alderman Sparks to approve Cecil Williams as a Reserve Officer. The motion passedby a vote of 4/FOR and 0/OPPOSED. Alderman Hunter moved to approve Daniel Thompson as a ReserveOfficer with an extension of probation to one year. Alderman Sparks secondedthe motion that passedby a vote of 4/FOR and O/OPPOSED. Alderman Sparks moved to approve David Sheffield as a ReserveOfficer with an extendedprobation of one year. Alderman Hunter secondedthe motion that passedby a vote of 3/FOR, 2/OPPOSED.

12. POLICE DEPARTMENT

REPORT. Chief Clark presentedthe Police Department Report.

13 .FIRE DEPARTMENT REPORT. Assistant Fire Chief Norman presentedthe Fire Department Report. 14. CITIZEN PARTICIPATION. 15. ADJOURNMENT.

28 citizens attendedthe meeting.

The meeting adjourned at approximately 10:25 p.m.

PASSEDA}[D APPROVED THIS 14TH DAY OF DECEMBER. 2004.

APPROVED:

PelicanBayPoliceDepartment

Kg programstandards For K9 Patrol and Narcotics certification Est. Novernber ttth, zoo4

by N.N.D.D.A.

Requirements

Patrol Dog Description: Assistspatrol officer in conductingbuilding searchesand property searches. Engagesresistingsuspectsat the order of the handler, Pursuesand detainssuspectsat the order of the handler. Pursuesfleeing suspectsand detainsthose suspectsat the order of the handler. Department Certifi cation requirernents : Patrol Dogwill engagea suspectin open arear,vhencommanded. Patrol Dog will detain suspect Patrol Dogwill releasesuspectwhen commanded. Patrol Dogwill staywhile officer affectshis arrest. Patroi Dog will engageif suspectbeginsto resist. Patrol dog will bark on commandso the suspectis awareof the dogsPresence. Patrol Dog will searcha confined areaor building, locate and detain suspect. Patrol Dogwill releasesuspecton command. I'atrol Dog will stay while officer affectshis arrest. Patrol Dog handler understandsthat he is responsiblefor his caninesactions, and must alwaysmaintain control of the patrol dog when out in public, on duty or off duty, when patrolling or handling calls for service.A detailed inciclent report will be submitted to the Chief of Policefor everytime the Patrol Dog is utilized. If the Patrol Dog must engagea suspectand an injury occursto a suspect,a bite report and use of force report will be completedand submitted to the Chief of Policefor review. When concluctinga building searcha verbal warning will be given to any occupantof the building to be searched,before the dog is released,so a suspecthas the opportunityto submit. This verbal rvarning wiil be grvenin English and Spanish.

The Patrol Dog handler understandsthat the continuedtraining of Police canines is a necessity,and will be conductedon a weeklybasis.Training reports will be submitted to the Chief of Policeand kept on file by both the Chief of Police as well asthe K9 handler. Weeklytraining for the patrol dog will consistof mock building searches,suspect apprehension,and detention. Obedienceand commandsas well as socialization will be workeclon a weeklybasisduring training times. Narcotic Detection Dog description: Assiststhe handler with vehicle and open air searchesfor narcotics and or contraband. Conductsbuilding searchesfor illegal narcoticsand or contraband. Department Certifi cation requirements : Narcotic detectiondog will per{orm z vehiclesearches,one with Marijuana concealed,and one with cocaineconcealed.Narcotic detection dog will alert either verbally with a bark and scratchor by non-aggressiveaction. Dog will alert within to mins. Narcotic detectiondog will conduct z open-air searches,one with Marijuana concealedin an openarea,and onewith cocaineconcealedin an open area. Narcotic detectiondog will be successfulin locating narcoticswithin r5 mins. Narcotic detectiondog will conduct z building searchesfor hidden contraband and illegal narcotics.Narcotic detectiondog will successfulin locating narcotics and contrabandwithin r5 mins. With a noticeablealert either aggressiveor' passive. Narcotic Detection Dog handler understandsthat he is responsiblefor his caninesactions,and must alwaysmaintain control of the dog when out in public, on duty or off duty, when patrolling or handling calls for service.A detailed incident report will be submitted to the Chief of Policefor everTtime the Narcotic detectionDog is utilized. If the Dog must engagea suspectand an injury occurs to a suspect,a bite report and use of force report will be completedand submitted to the Chief of Police for rer-iew. The Narcotic Detection Dog handler understands that the continued training of Police canines is a necessity, and will be conducted on a weeldy basis. Training reports will be submitted to the Chief of Police and kept on file by both the Chief of Police as well as the K9 handler. Weekly training for the Narcotic Detection dog will consist of mock building searches,rrehicle searches and open area searches. Obedience and commands as well as socialization will be worked on a weekly basis during training times. DuaI putpose Patrol and Narcotics Detection Dog: Assists patrol officer in conducting building searches and property searches. Engages resisting suspects at the order of the handler. Pursues and detains suspects at the order of the handler.

Pursuesfleeing suspectsand detainsthose suspectsat the order of the handler. Assiststhe handler with vehicle and open air searchesfof narcotics and or contraband.

andor contrabancl. for illegalnarcotics buildingsearches Conducts Department Certification requirements: will engagea suspectin open area when commanded. will detain suspect will releasesuspectwhen commanded. will staywhile officer affectshis arrest. will engageif suspectbeginsto resist. will bark on commandso the suspectis awareof the dogsPresence. will searcha confined areaor building, locate and detain suspect. will releasesuspecton commald. will stal' while officer affectshis arrest. will perform z vehicle searches,one vrith Marijuana concealed,and one with cocaineconcealedwill alert either verbally with a bark and scratch or by nonaggressiveaction. Dog will alert within to mins. wiil conduct z open-air searches,one with Marijuana concealedin an open area, and one with cocaineconcealedin an open area will be successfulin locating narcoticswithin t5 mins. will conduct z building searchesfor hidden contrabandand illegal narcotics.will successfulin locating narcoticsand contrabandwithin r5 mins. With a noticeablealert either aggressiveor passive. Handler understandsthat he is responsiblefor his caninesactions, and must alwaysmaintain control of the patrol dog when out in public, on duty or offduty, when patrolling or handling calls for service.A detailed incident report will be submitted to the Chief of Policefor everytime the Patrol Dog is utilized. If the Patrol Dog must engagea suspectand an injury occursto a suspect,a bite report and use of force report will be completedand subrnitted to the Chief of Policefor review.When conducting a building searcha verbai warning will be given to any occupantof the building to be searched,before the dog is released,so a suspect has the opportunity to submit. This verbal warning will be given in English and Spanish.

When a patrol dog or Narcotic Detection dog is called out to a scene,the K9 handler takescommand of the scene,and any evidenceor reports necessaryu'ill be the responsibility of the K9 handler. The Officer initiating the call or first to

respondwill provide the K9 Handler awritten supplementreport as to his actionsand reasoningfor requestfor use of the dog. The originating Officer will also provide written reports as to facts directly involving the case,as well as collectwitnessstatements.The patrol officer will be responsiblefor booking in

anysuspects at eithercountyjail or confinementfacili$ undercontractwith the Cityof PelicanBay. EachK9 handlerunderstandsthat his dogis his responsibilrtyand that each handleris requiredto maintainhealthrecordsandshotsfor his K9. EachK9 handleris responsible for his dogsfood,hygiene,medicalcareand equipment. All I(9 haldlers will providethe Chiefof Policewith shotrecordsald training recordsfor his K9 every6 months.

MINUTES OF'A MEETING OF'THE GOVERNING BODY OF PELICAN BAY On the 9th day of November,2004,theCouncilof the City of PelicanBay convenedin a meeting,the samebeingopento the public at the regular meetingplacethereof,in the City Hall, and noticeof said meetinghavingtime, placeand subject thereof,havingbeenpostedas prescribedin Article 6261-17V.S.C.S. 1

CALL TO ORDER. Mayor Hawkins called the meeting to order at 7:00 p.m.

2.

ROLL CALL. Alderman Keller, Alderman Hunter, Alderman Sparks and Alderman McElyea were present. Alderman Davis was absent.

3.

REVIEW AND CONSIDER APPROVAL OF THE CITY COUNCIL MINUTES FOR THE PREVIOUS MEETINGS. Alderman Sparks moved to approve the Minutes from meetings of September 4,2004, October 12,2004 and October 26,2004. Alderman Hunter secondedthe motion that passedby a vote of 4/FOR and 0/OPPOSED.

4.

ADJOURN TO EXECUTM SESSION PURSUANT TO S8C.551.071,TEXAS GOVERNMENT CODE TO DELIBERATE THE DUTIES OF A PUBLIC OFFICER AND TO HEAR A COMPLAINT OR CHARGE AGAINST A PUBLIC OFFICER, TO-WIT: MARLYN HAWKINS, BETTY KELLER, CALVIN HUNTER, ALTON DAVIS, JIMMY AND DOUG MCELYEA.

SPARKS

The Council adjoumed to Executive Sessionat 7:08 p.m. The Council returnedto Open Meeting at 8:13 p.m. 5.

REVIEW AND APPROVE A MULTIPLE CANINE PERMIT. addressesMultiple Canine Permits with an annual fee of $25.00.

6.

REVIEW AND APPROVE TAX SALE OF l4l2 SHERI LANE S. PROPERTY. Alderman Keller moved to not approve the sale of the property and Alderman Sparks secondedthe motion. By a vote of 4/FOR and 0/OPPOSED.the motion oassed.

7.

REVIEW AND APPROVE REPLAT FOR R.D. WILSON PROPERTIES _ LOTS 2O3,2O4AND205 AT l9l7 CORAL ROAD. A motion was madeby Alderman Sparksto approvethe replat of R.D. Wilson's properties. Alderman Hunter secondedthe motion that passedby a vote of 4/FOR and O/OPPOSED.

8.

REVIEW APPLICATIONS AND APPOINT A FIRE CHIEF. Alderman Sparks moved to appoint Michael Mitchell as Fire Chief and Alderman McElyea secondedthe motion. The motion passedby a vote of 3/FOR and I/OPPOSED.

9.

CONSIDER AND APPROVE NORTH TEXAS EMS SUBSTATION AT THE VOLUNTEER FIRE DEPARTMENT STATION. Alderman Sparksmoved to approve a North Texas EMS substationat the Volunteer Fire Department Station. Alderman Hunter secondedthe motion that passedby a vote of 4/FOR and 0/OPPOSED.

There was no action as OrdinanceT2

10. EXECUTIVE SESSION PURSUANT TO THE PROVISIONS OF SEC.551.074 TO DELIBERATE EMPLOYI\,IENT OF RESERVE OFFICERS: BYRAN CHANCBLLOR. SHEFFIELD.

CECIL

WILLIAMS.

Council adjoumed to Executive Sessionat 8:43 p.m. Council reconvenedin Open Sessionat l0:00 p.m.

JR.. DANIEL

THOMPSON

AND

DAVID

MINUTES OF A MEETING OF THE GOVERNING BODY OF PELICAN BAY Continued- PaseTwo

11. REVIEW AND APPROVE POLICE RESERVE OF'FICERS. Alderman Sparks moved to approve Bryan Chancellor as a Reverve Officer. Alderman Hunter secondedthe motion that passedby a vote of 3IFOR and 2/OPPOSED. A motion was made by Alderman Keller and secondedby Alderman Sparksto approve Cecil Williams as a Reserve Officer. The motion passedby a vote of 4/FOR and 0/OPPOSED. Alderman Hunter moved to approve Daniel Thompson as a ReserveOfficer with an extension of probation to one year. Alderman Sparks secondedthe motion that passedby a vote of 4ffOR and 0/OPPOSED. Alderman Sparks moved to approve David Sheffield as a ReserveOfficer with an extended probation of one year. Alderman Hunter secondedthe motion that passedby a vote of 3/FOR, 2/OPPOSED.

12. POLICE DEPARTMENT 13. FIRE DEPARTMENT

REPORT. Chief Clark presentedthe Police Department Report.

REPORT. Assistant Fire Chief Norman presentedthe Fire Department Report.

14. CITIZEN PARTICIPATION. 15 ADJOURNMENT.

28 citizens attendedthe meeting.

The meeting adjoumedat approximately10:25p.m.

PASSEDAND APPROVEDTHIS 14TH DAY OF DECEMBER.2OO4.

APPROVED:

:^"?"-/?

Z*.4,."'

NOTICE OF A MEETING OF THE GOVERNING BODY OF PELICAN BAY Noticeis herebygiventhat a regular meetingof the GoverningBody of the abovenamedCity will be held on the 9th day of November,2004 tt 7:00 P.M. in the City Hall at 1300PelicanCircle, PelicanBay, Texas,at which time the followingsubjectswill be discussed, to wit: 1. CALLTOORDER. 2. ROLLCALL. 3. REVIEW AND CONSIDER APPROVAL OF THE CITY COUNCIL MINUTES FOR THE PREVIOUSMEETINGS. 4. ADJOURN TO EXECUTIVE SESSIONPURSUANTTO S8C.551.071, TEXAS GOVERNMENT CODE TO DELIBERATE THE DUTIES OF A PUBLIC OFFICER AND TO HEAR A COMPLAINT OR CHARGB AGAINST A PUBLIC OFFICER.TO-WIT: MARLYN HAWKINS, BETTY KELLER, CALVIN HUNTER, ALTON DAVIS, JIMMY SPARKS AND DOUG MCELYEA. 5. REVIEW AND APPROVE A MULTIPLE CANINE PERMIT. 6. REVIEW AND APPROVE TAX SALE OB I4I2 SHERI LANE S. PROPERTY. 7. REVIEW AND APPROVE REPLAT F'ORR.D. WILSON PROPERTIES_ LOTS 203,204AND 205 AT I9I7 CORAL ROAD. 8. REVIEW APPLICATIONS AIID APPOINT A FIRE CHIEF. 9. CONSIDERAND APPROVE NORTH TEXAS EMS SUBSTATIONAT THE VOLUNTEER FIRE DEPARTMENT STATION. 10. EXECUTIVE SESSIONPURSUANTTO THE PROVISIONSOF SEC. 55I.074TO DELIBERATE EMPLOYMENT OF RESERVEOF'F'ICERS: BYRAN CHANCELLOR. SHEFFIELD.

CECIL WILIAMS.

JR.. DANIEL

THOMPSON AND DAVID

11. REVIEW AND APPROVE POLICE RESERVEOFFICERS 12. POLICE DEPARTMENT REPORT. 13. FIRE DEPARTMENT REPORT. 14. CITIZEN PARTICIPATION. I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Governing Body of the City Pelican Bay is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board, in the City Hall of said City in Pelican Bay, Texas, a place convenient and readily accessibleto the general public at all times and said notice was posted on November 6th,2004, at 12:30 O'clock P.M., and remained so posted continuously for at least 72 hours preceding the scheduled time of the meeting.

Dated this the 6thday of November 2004. Citv of Pelican Bav

NOTICE OF A MEETING OF THE GOVERNINGBODY OF PELICAN BAY Noticeis herebygiventhat a regular meetingof the GoverningBody of the abovenamedCity will be held on the 9th day of November,2004at 7:00 P.M. in the City Hall at 1300PelicanCircle, PelicanBay, Texas,at which time the followingsubjectswill be discussed, to wit: 1. CALLTOORDER. 2. ROLLCALL. J.

4.

REVIEW AND CONSIDER APPROVAL OF THE CITY COUNCIL MINUTES FOR THE PREVIOUSMEETINGS. ADJOURN TO EXECUTIVE SESSIONPURSUANTTO S8C.551.071, TEXAS GOVERNMENT CODE TO DELIBERATE THE DUTIES OF A PUBLIC OFFICER AND TO HEAR A COMPLAINT OR CHARGE AGAINST A PUBLIC OFFICER,TO-WIT: MARLYN HAWKINS, BETTY KELLER, CALVIN HUNTER, ALTON DAVIS, JIMMY SPARKS AND DOUG MCELYEA.

5.

REVIEW AND APPROVE A MULTIPLE CANINE PERMIT. REVIEW AND APPROVE TAX SALE OF I4I2 SHERI LANE S. PROPERTY.

1

REVIEW AND APPROVE REPLAT FOR R.D. WILSON PROPERTIES_ LOTS 203.204AND 205 AT I9I7 CORAL ROAD.

8.

REVIEW APPLICATIONS AND APPOINT A FIRE CHIEF.

9.

CONSIDERAND APPROVE NORTH TEXAS EMS SUBSTATIONAT THE VOLUNTEER FIRE DEPARTMENT STATION.

10. EXECUTIVE SESSIONPURSUAI\T TO THE PROVISIONSOF SEC. 55I.074TO DELIBERATE EMPLOY1UENTOF RESERVEOFFICERS: BYRAN CHANCELLOR. CECIL WILIAMS.

JR.. DANIEL THOMPSON AND DAVID

SHEFFIELD. 11. REVIEW AND APPROVE POLICE RESERVE OFFICERS 12. POLICE DEPARTMENT REPORT. 13. FIRE DEPARTMENT REPORT. I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Governing Body of the City Pelican Bay is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board, in the City Hall of said City in Pelican Bay, Texas, a place convenient and readily accessibleto the general public at all times and said notice was posted on November 5th, 2004, at 6:00 O'clock P.M., and remained so posted continuously for at least 72 hours preceding the scheduled time of the meeting.

Dated this the sth dav of November 2004. Citv of Pelican Bav

HooDE,NPYLE 6x,I-onpRT,P.C. MTORNEYS AND COLTNSELORS AT LA\V .I.RYR. HOODENPYLE JAMESE. LOBERT DT\VIDG. PETTER MARKD. STOECKER

Colwrr,ncs CT,Nrsn 519EASTBORDERSTR-EET ARIINGT ON, T EXAS 76010-7402

TELEPHONE : (812)277-s211 N{ETRO: (817)26s-2841

TAXDEPT: (atz)ztz-oo+t

FA,XLINE: (817)275-3657

No v e m b e3r, 2 0 0 4 M s . D e b r aWa l l s L i n e b a r g er Go g g a nB l a i r & S a m p s onL, L P 3 0 9 W 7 t h S t S u i te1 3 0 0 Fort Worth, TX 76102 R E:

The Honor able Mar lynHawkins M ayor ,Cityof PelicanBay 1300PelicanCir cle PelicanBav.TX 76020

J U DGME N T # L -1 6 2 9 4 -9 A 9 ZLEISDVS LETITIARODRIcUEZ AZLEISD OWNEDPROPERTY P E L IC A NB A Y F IR S TF IL ING,LOT B, BLK2 L O C A T ION :1 4 1 2S S H E R ILN AC C TN U MB E R (S ): 2 18 5 9 38

D e a rM s .Wa l l sa n d Ma yo .r H a w ki ns: T h e a b o ve -d e scri b ep dro p e r tywas str uckoff to Azle lndependent SchoolDis tr i cat t a t a x s a l ei n Ju n e2 0 0 3 .T h e S ch o olDistr icthas appr oveda bidfr om StephenR Cos toni n the amouno t f $ 3 ,7 0 0 .0 to 0 p u rch asethe pr oper ty. T h e ap p ra i se dva l u eo f th e pr oper tyon the date of judgm entwas $54,500.00for r e a l e s t a t ea n d a mo b i l eh o me . T he cur r entappr aisedvalueis $4,500,00for land onl y . T h e a m o u n td u e fo r ta xe sto th e S chool,Cityand Countythr ough2003 as of the Januar y s a l ew a s $ 1 1 ,5 3 2 .1 8C . o u rtco stsand salefees havealr eadybeenpaid. Sincethe bi d i s l e s s t h a n t he ta xe s d u e , th e ta xes will be pr or atedas a per centageof the jud gm ent amountspursuantto the TexasPropertyTax Codeas follows: School 49.92% $1,847.04 City 28.82% 1,066,34 County 21.26% 7-BS-A? T o d i sb u rse $ 3 ,7 00.00 pleasepr esentthis pr oposalto the Com m is s i oner s A t y o u r e a rl i e stco n ve n i e nce, a n d C o u n cifo l r a p p ro va la, n d se n dus a copyof the r esolution if the bid is accepted.M r . C o s t o nw o ul dl i keto ta kep o sse ssion of the pr oper tyas soonas possible, l f y o u h a vea n y q u e sti o n s, d o not hesitateto call. Thankyou for your assistanc e in t h i sm a t t e r . Yoursverytruly,

M D S: r p

-#lGurbrcrn

[l ' "

Pel'ift

Depatrment ;fiilblice

'' L3-oo',Ptlican l3,o'o,P€licanCircle Circle

"7,9,o'o -*tulugt$.#.ffi.'fil ir'i;iChi ftftorge

C. Clarn<

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Proposalfor PoliceKg Training Cost:$20000 for training $1.00ayea;rto leasethe dogfrom Chief Clark, aslong asChief Clark is employed with the City. companybiddingto train: DetectionK9 of America,tsridgeportrexas state Lic#Bll062 Proposeddatrefor training to begin:November2004 certifications to be obtained:Dual purposepatr-olK9, Nar.cotics(Marijuana, Methamphetamine,Cocaine,Heroin), Officer protectionamdfugiiive aiprehension. K9 handler trainer program for Chief of police. Benefits:officer safety,greattool to assistonzero ToleranceDrug programin City. cost not applied to The city of petican Bay: cost of the Dog, which was $11000. Already paid for by Chief Clarlg and a private individual donation. Chief Clark will pay for future care and feeding as well as vaccinations. Continued educationand training, no cost,will be training with Ft Worth police Dept and Lake worth K9 Police nepartment once a week, at no cost to city. Equipment, all equipment neededwiil be purchased by Cilief Chrk or paiO for by private donations.

K9 Unit Justificatflonr Utilization of properlytrainedpoliceservice a costeffeetive and dogsrepnesents reliable assetin Law Enforcement. By employing the K9s acute senseof smell and hearing, officers can gain a tactical edge over the violator or suspect on the street. The K9 also provides a psyehological deterrent by its mere presence at the sceneof a potential conflict or disturbance, providing officers with one of the finest non-lethal aids in the pr,eventionand detection of crime.

MonetaryBenefits Utilizing current drug forfeiture laws, a K9 has the potential of paying for itself in a relatively short period of time. Through money and assetseizures,and effectiveK9 unit can possibly fund and entire Deparhnent! Even if the citizens of a community believe there are no narcotics within their city limits, there are drugs running through that community on its wpy to another destination. rWhy give up a drug or assetseizureto a community down the road that employsa K9 unit? Missed seizures equalslost money.

Usesand Advantages -

Narcotics Detection Officer Protection Building searches Criminal apprehension,and Felony'Warrant Service Tracking lost persons

CaseLaw Courts have consistently upheld that olfactory inspection h'y a K9, trained in detection,doesnot constifute a search,under the definition of the fourth Amendment. Many decisionshave statedthat there can be no reasonable expectationoiiprivacy in open air. Numerous caselaw decisionshave upheld that olfactony inspection of a vehicle during a routine traffic stop for minor driving infractions is allowable, allowing use of the K9 with out articulable reasonablesuspicion. The courts are quit lenient with the use of K9s, especiallywhen the reasonable suspicionfor detention is exhibited and explained before the use of the K9.In circumstanceswhen reasonable suspicion is somewhat vague, it will generally endure the conjunction with K9 use, so long as the officers are acting in a diligent, professional rnanner.

PELICA]Y BAY FIRE DEPARTMENT

CALI SHEET NOVEMBER2OA4 TOTAL

3406-FF C. Hunter 3407-FF' S. Baird 3408-Ff' M. Starke 3409.Jr. FF C.J. 3410-FF J. Brooks 3411-FF J. Lultes

3415-FF

Auxiliarv G. Mitchell

4211

D. Rodqers

TOTALHOURS47:41

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