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HomeMy WebLinkAboutReso 2006-1021 RESOLUTION NO. 2006-~\ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CHIEF OF POLICE, IN ACCORDANCE WITH SECTION 932.7055, F.S. TO EXPEND FORTY-SEVEN THOUSAND DOLLARS ($47,000.00) FROM THE LAW ENFORCEMENT TRUST FUND (L.E.T.F.) FORFEITURE FUND, FOR VARIOUS CONTRIBUTIONS AND FOR LEGAL COSTS ASSOCIATED WITH THE ASSET FORFEITURE PROCESS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes 9932.7055(4)(c)(3) specifically, a law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act with a fiscal year must expend or donate no less then 15% of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, school resource officer programs or for other law enforcement purposes; WHEREAS, in accordance with Florida Statutes 9932.7055(4)(b) upon the request of the Chief of Police to the governing body of a municipality, liens and forfeiture funds may be expended if accompanied by written certification that the request complies with the provisions of the aforementioned subsection; and WHEREAS, the Chief of Police has submitted a request for the expenditure of$47,000.00 in forfeiture funds in compliance with the aforementioned statute. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Expenditure of Forfeiture Monies. Based on the attached certification, the Chief of Police is hereby authorized to spend $47,000,00 from the Law Enforcement Trust Fund for various contributions and for legal costs associated with the asset forfeiture process. Section 2, Effective Date, This Resolution shall become effective immediately upon adoption, PASSED AND ADOPTED this 14th day of December 2006. ",\." ." " .'...... {"'J \~) -"" ,,-,', 1'\ ',") ," : ,:: ..- ~ .' ,.. A TTEST-. ',J > ~z :':"~\~\'~""'" ~..; - , ", - . ':" ,,': ' ):".', "., -"_ '.'.;_ , ' II Jane Hines, 'CMC, City Cl!er1f: " "-"r' t). t.-:, (' " - R2006- LetfForfeiture Expenditures Page I of2 APPROVED AS TO FORM ANDLE A CIENCY: Vote: S-b Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias R2006~ LetfForfeiture Expenditures Moved by: ~1\""'''''''\5C;:11\I\1~1t.. r\'RS-"",l\.1 Seconded by: GM_\S~)QI\)~ Gl'Inl\mA-tIJ V(Yes) V(Yes) _vcYes) tdy es) --.0Y es) _(No) _(NO) _(NO) _(NO) _(NO) Page 2 of2 Charitable contributions including but not limited to: Police Activities League (P.A.L.), Dade County PBA, "Love Fund", P,Q,A.T, Charities or other organizations which support programs related to drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer programs and miscellaneous communi olicin items, $ 42,000,00 Legal costs associated with the asset forfeiture process (process Service, Ie al notifications, Advertisement, filin fees, etc, , $ 5,000,00 Certification: I, Fred A. Maas, certify that pursuant to the Florida State Statute 932.0755 sec (4) (a) and (4) (b), the attached listed items meet the guidelines of purchase for law enforcement purposes which include defraying the cost of protracted or complex investigation, or providing for crime prevention, community policing projects, ~;) D~~ Chiefs Signature I z. - /1/- 241J ~ Date City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner OF su" A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: Fred Maas, Chief of Police Priscilla Walker, CMC, Deputy City Clerk?~ FROM: DATE: December 19,2006 RE: Approval of Expenditure of Forfeiture Funds (LETF) At its regular meeting of December 14, 2006, the City Commission adopted Resolution No. 2006-1021, which approved the expenditure of forfeiture funds in the amount of $47,000.00. Attached is a copy of the approving resolution to assist you in processing this item. Thank you. :pw Attachments cc: A. John Szerlag, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Doug Haag, Assistant City Manager/Finance Forfeiture Expenditure Trans Memo City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Roslyn Brezin, Commissioner (305) 947-0606 City Hall (305) 949-311 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC City Clerk MEMORANDUM TO: The Honorable City Commission VIA: A. Jo~tlag, City Manager FROM: @~. Maas, Chief of Police DATE: December 14,2006 RE: L.E.T.F. Forfeiture Expenditures & Certification RECOMMENDATION: It is recommended that the City Commission approve the expenditure of partial forfeiture funds, previously awarded to the Police Department as the results of investigative participation in forfeiture and seizure cases. These funds are permissible by law to be spent for purchases of police equipment and other law enforcement activities. It is requested that we be permitted to utilize $47,000.00 of said funds on deposit for such purpose. REASONS: One of the benefits of participating in and providing personnel into high intensity narcotics investigations is the sharing of confiscated proceeds for the enhancement of law enforcement. All of the attached and listed items are authorized expenditures and are designed towards charitable and crime prevention programs, enhancement of law enforcement equipment as well as legal costs associated with the asset forfeiture process. ADDITIONAL INFORMATION: To date, the City of Sunny Isles Beach Police Department has been awarded additional monies in confiscated funds. Certain needs exist on behalf of the department whereby the agency participates in and contributes to crime prevention programs as well as the enhancement of our equipment. To be completed bv Department Head To be completed by City Clerk's Oflice Funding available: Apprm'al: Agenda Item No.: Finance Department City Manager Commission Meeting Date: Cover Memo ForfeIture Letf