Loading...
HomeMy WebLinkAboutReso 2009-1381 RESOLUTION NO. 2009-1 -:s ~ , 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. AND THE COMPREHENSIVE CRIME CONTROL ACT OF 1984, TO EXPEND ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) OF PARTIAL LAW ENFORCEMENT TRUST FUND (L.E.T.F.) FORFEITURE FUND AND/OR DEPARTMENT OF JUSTICE (D.O.J.), FOR THE PURCHASE OF FIREARMS AND RELATED ACCESSORIES FOR THE IMPLEMENTATION OF A SPECIAL PURPOSE TACTICAL FIREARMS PROGRAM, FOR VARIOUS CHARIT ABLE 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; and WHEREAS, in accordance with the Comprehensive Crime Control Act of 1984, the City and its Police Department are authorized to expend forfeiture funds from the established Department of Justice (D.O.J.) federal forfeiture account, for the approved programs or purchases intended to enhance law enforcement purposes; and WHEREAS, in accordance with Florida Statutes 9932.7055(4)(b) and the Comprehensive Crime Control Act of 1984, 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 One Hundred Thirty Thousand Dollars ($130,000.00) of partial Forfeiture Funds from L.E.T.F. and/or Department of Justice (D.OJ.) in compliance with the aforementioned Statute and the Comprehensive Crime Control Act of 1984. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Expenditure of Forfeiture Funds. Based on the attached Certification, the Chief of Police is hereby authorized to spend One Hundred Thirty Thousand Dollars ($130,000.00) from the Law Enforcement Trust Fund (L.E.T.F.) and/or the established Department of Justice (D.OJ.) federal forfeitures account for the costs associated with the purchase of firearms and related accessories for the implementation of a Special Purpose Tactical Firearms Program, for various charitable contributions, and for legal costs associated with the asset forfeiture process. R2009- LETF Forfeiture And DOJ Expenditures Page I of2 Section 2. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 19th day of February 2009. ATTEST: -- ~~~ Jane Hines, CMC, City Clerk FORM IENCY: Seconded by: Cn~ Goo~ V I U '<Y\~ \1-\ PrL <C-R... Moved by: Vote: ~...O Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Yes) V (Yes) ~(Yes) V (Yes) V (Yes) _(No) _(No) _(No) _(No) _(No) R2009- LETF Forfeiture And DOJ Expenditures Page 2 of2 TO: Via: From: Date: Subject: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 City Commission Norman S. EdeIcup, Mayor Lewis .1. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman. Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Rick Conner, Acting City Manager lIans Ottinot, City Auorney .Iane A. lIines, CMC City Clerk MEMORANDUM The Honorable Mayor and City Commission Rick Conner, Acting City Manager f/ffFred A. Maas, Chief of Police February 19,2009 Expenditure of Partial Forfeiture Funds from L.E.TF, and/or D.O.] for the use of establishing a Tactical Firearms Program as well charitable contributions, community policing and crime prevention programs, etc. 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 $ 130,000.00 of said funds on deposit for such purpose, REASONS: One of the benefits of part1CIpating 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. j'unding 'mlilablc: f)VV'\~ Finance Department j\genda Item No.: \ 0 t=: :l.-\9-0~ To be com leted bv CiOc' Clerk'.,- OUice j\pprm'al: 1,.1.::1'.1' / DOl Forfeiture ":xpenditures & Certification 02/ j'J/ll'J Commission i\lceting Date: Purchase of fifty (50) Colt Commando tvI4 Rifles, Mounting Racks and related accessories and equipment for the implementation of a Special Pur ose Tactical Firearms Pro ram "fles). $70,000.00 Charitable contributions including but not limited to: Children's Summer Camp Activities, Dade County PBA, "Love Fund", P.O.A.T. Charities, Community Policing Novelty Items or other organizations which support programs related to drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood and school resource officer ro rams. $ 55,000.00 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. ~C.~ Chiefs Signature ~~. /~. 2009. Date