HomeMy WebLinkAboutResolution No. 2010-18 RESOLUTION NO. R2010-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS DESIGNATING THE CHIEF OF
POLICE AS THE CITY'S REPRESENTATIVE IN SEEKING
ELIGIBLE GRANT FUNDS UNDER THE TEXAS
COMPTROLLER OF PUBLIC ACCOUNTS TOBACCO
COMPLIANCE GRANT IN AN AMOUNT TO BE DETERMINED;
AND AUTHORIZING THE SUBMISSION OF SUCH GRANT
APPLICATION TO THE TEXAS STATEWIDE TOBACCO
EDUCATION AND PREVENTION (STEP).
� � X � �
WHEREAS, the City Council of the City of Friendswood, Texas hereby finds and
determines that application for funding under the Texas Comptroller of Public Accounts Tobacco
Compliance Grant, is in the best interests of the citizens of the City; and
WHEREAS, the City agrees that in the event of loss or misuse of any State grant funds,
the City will return same to the Texas Comptroller of Public Accounts; and
WHEREAS, the City Council hereby further finds and determines that the person
serving as Chief of Police of the City is the appropriate individual to act as the City's authorized
official, and as such should be given the power to apply for, accept, reject, alter or terminate the
grant on behalf of the City, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution are
hereby found to be true and correct.
Section 2. The City Council of the City of Friendswood, Texas, hereby authorizes
and approves the submission of a grant application, in substantially the same form as attached as
Exhibit A, pursuant to the Texas Comptroller of Public Accounts Tobacco Compliance Grant
Program, to the Texas Statewide Tobacco Education and Prevention (STEP).
Section 3. The City Council hereby designates and appoints the Chief of Police of
said City as the authorized official to apply for, accept, reject, alter, or terminate the grant on
behalf of the City.
PASSED,APPROVED, AND RESOLVED this 3rd day of Mav 2010.
�
David J. H.�S ith
Mayor
ATTEST
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Melinda Welsh, TRMC v o
City Secretary * *
s�,�rF OF ���Py
R2o 10-18 2
Exhibit A
Fortn AP-190(Back)(Rev.4-10/15) {R 2010-18)
��t1E�O�Zo
Tobacco Compliance Grant Application for Local Law Enforcement Agencies �� '.a
,�
Please indicate if you are: ❑ County Sheriff ❑ District Attorney �
�o� - ��
�Municipal Chief of Police ❑Constable *�XAg�
Annua/Grant Period: Sepf.1,2010,through Aug.31,2011
Name of organization Federal Employer ldentification Number(FEIN)
CityofFriendswood , 7, 4,—, 1 , 4, 9, 3 , 2 , 0 , 2 ,
Applicant title Applicant first name Applicant middle inilial Applicant last name
Chief Robert B. Wieners
Mailing address City State
1600 Whitaker Drive Friendswood TX
Counry ZI P code
Galveston , 7, 7, 5,4 , 6,—, 4, 1, 7, 7,
Phone(A2a code and number) FAX number(Area code and number)
( 2, 8, 1 ) ,9 , 9 , 6,—, 3 , 3 , 0 , 0 , ( 2 , 8, 1 ) ,4 , 8 , 2 ,—,9 , 3 , 1 , 8 ,
E-mail address Have you been a previous tobacco compliance grant recipient?
(Check one)
BWieners@ci.friendswood.tx.us �YES ❑►vo
1. DepaRment or Division responsible for managing your tobacco compliance program Police Department
Grant Contact Information(if different from above) Officer Lisa Price
Tit/e Name
1600 Whitaker Drive Friendswood TX 77546
Address City State ZlPCOde
281-996-3313 281-482-9318 LPrice@ci.friendswood.tx.us
Phone FAX E-mail
2. What is the approximate number of tobacco products retailers within yourjurisdiction?......................................................... 34
Please answer Questions 3-5 on separate sheets of paper.
3. A list of ZIP codes included in your full jurisdictional boundaries-(Note:If a ZIP code is not wholly included within that boundary,please estimate
the percentage that is in your jurisdiction.)
4. A list of agencies with whom your agency has an existing Interagency Agreement or Memorandum of Understanding/Agreement(formal or
informal)that may restrict your agencys ability to provide full enforcement capabilities within jurisdictional boundaries- (Example:A Sheriff's
Office or Constable's O�ce that does not enforce laws within the corporate city limits of a town or municipality in their county or precinct)
5. Explain your agency's plan to implement this grant and how it will support and enforce Health and Safety Code,Chapter 161,as it relates to
educating local retailers and court personnel and reducing illegal tobacco sales to minors.
6. Have you obtained the appropriate approval from your governing body(city council or county commissioners'court)
toaccept this grant if awarded?....................................................................................................................................................... ❑YES �NO
(If"NO,"we encourage you to seek approval prior to Aug. 10,in the event your agency is awarded a grant.)
Certification Section:To the best of my knowledge and belief,information in this application and any attachments is true and correct.
The document has been duly authorized by the applicant.
Typed name and title
Robert B. Wieners, Chief of Police
Date
here� 4/21/2010
For additional information or assistance,call(888)STEP-123.
TOBACCO COMPLIANCE GRANT APPLICATON FOR LOCAL LAW ENFORCEMENT
AGENCIES
Attachment i
City of Friendswood—Police Department
Question 3. A list of ZIP Codes included in your full jurisdictional boundaries—�c 6
Question 4. A list of agencies with whom your agency has an existing Interagency
Agreement or Memorandum of Understanding/Agreement(formal or informal)that may
restrict your agency's ability to provide full enforcement capabilities withinjurisdictional
boundaries—No restrictions
Question 5. Explain your agency's plan to implement this grant and how it will support and
enforce Health and Safety Code, Chapter 161, as it relates to educating local retailers and court
personnel and reducing illegal tobacco sales to minors.
COMPLIANCE ENFORCEMENT
One component of the Tobacco Enforcement Program requires that the Department conduct
three compliance checks on each retailerwithin thejurisdiction.The first round results will
indicate the initial compliance rate.Afterthe third round,the goal is to show that compliance
rates rise.All compliance tests are carried out using procedures approved by the District
Attorney's Office.With written parental permission,youth (minors) participate with the
Department to help perform the compliance checks, also called"stings."
Tobacco Compliance Test Procedures:
Prior to a "sting"the Department requires the following:
■ Written parental permission obtained for participating youth (minors).
■ A copy of the participating youth's birth certificate and a photograph for Department
files.
■ Participating youth will be supervised at all times by a Friendswood Police Officer.The
Friendswood Police Officer will remain outside the establishment and in close
proximity,or may enter shortly afterthe youth enters.An additional enforcement
officer enters the establishment as a witness to verify the events taking place and also
to assist in case the minor is threatened in any way.
■ Participating youth will be given the money forthe attempted purchase by a
Friendswood Police Officer.The Friendswood Police Officer notes the amount of
money given to the youth prior to entering the establishment.
■ Participating youth will be instructed not to misrepresent their age or pressure the clerk
to sell tobacco products.
■ Participating youth will present valid photographic identification, if asked,when
attempting to purchase tobacco products.
■ If asked about his/her age,the youth will admit to their correct age.
■ Upon entering the tobacco-selling establishment the youth will attempt to observe the
clerk selling the tobacco products to obtain a good physical description.
■ After the purchase attempt,the youth will exit with or without the tobacco products.
■ Iftobacco products are purchased, an identifying stickerwill be placed on the product
to identify it with the tobacco compliance report,to be completed immediately.
■ After conducting tobacco compliance tests(immediately afterward or at least within
three days),the Friendswood Police Department will inform licensees who sold tobacco
products to youths.A citation is issued to the clerk by a Friendswood Police Officer,
who is then available to explain any penalties the licensee has incurred.
COURT PERSONNEL EDUCATION
In addition,The Friendswood Police Department will meet with municipal prosecutors to
encourage aggressive and consistent prosecution of tobacco-related offenses. As a result,
prosecutors are expected to show an increased willingness to prosecute tobacco-related
offenses. Continued joint cooperation between the Department's enforcement personnel and
the prosecutors will ensure the success ofthe tobacco enforcement program.
RETAIL PERSONNEL EDUCATION
Underthe Tobacco Enforcement Program, retail education is required priorto any type of
enforcement activity. In most cases,the retail education component is achieved by the
distribution of a Retail Information Kit to all tobacco retailers within thejurisdiction. We will
supplement the Retail Information kit by conducting a Retailer Education Class for retailers,
managers and clerks. Class participants will receive materials on minimum-age tobacco laws,
required signage and training on key techniques to correctly determine the age of customers
making tobacco purchases.
REPORTING
Reports will be generated and submitted priorto the ioth day of the month following the
inspection or controlled buy using the Texas Cigarette�fobacco Inspection Report. Monthly
Minor In Possession ofTobacco enforcement reports will be reported on the Minor In
Possession of Tobacco Monthly Summary Reports prior to the ioth day of the following month.
All Final Proceeding Reports will be filed by the soth of the following month.
Accounting procedures will be implemented to accurately reflect the expenditure of funds
within the prescribed areas. Reports on expenditures will be filed as required,either monthly
or quarterly.
s u s A N Tobacco Compliance Grant Application
for Local Law Enforcement Agencies
C O M B S �••E��M
TEXAS COMPTROLLER Of PUBLIC ACCOUNTS o�, . '°Q
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�TEXAS*
Fiscal Year 2011 Application Filing Deadline is 4 p.m.,Friday,May 14. 2010
PURPOSE OF GRANT AWARDS
The Comptroller will make block grants to counties and municipalities to be used by local law enforcement agencies to enforce Subchapters H,K and
N,Chapter 161,Texas Health and Safety Code in a manner that can reasonably be expected to reduce the extent to which cigarettes and tobacco
products are illegally sold or distributed to persons who are younger than 18 years of age.The Comptroller shall rely,to the fullest extent possible,
on sheriffs,constables,or chiefs of police or their employees to enforce this subchapter.
OBLIGATIONS FOR GRANTS AWARDED
The Comptroller's office shall enforce provisions of Health and Safety Code Ch. 161, in partnership with local law enforcement agencies.This shall
also ensure the state's compliance with Section 1926 of the federal Public Health Service Act(42 U.S.C.Section 300x-26)and implementation of any
regulations adopted by the United States Department of Health and Human Services.
AWARD AND GRANT ACCEPTANCE CONDITIONS
The Comptroller's office will notify applicants of final action on grant applications.Successful applicants under this program must comply with the Uniform
Grant Management Standards as promulgated by the Governor's office under Chapter 783,Government Code.
Each grantee must begin implementation of grant provisions no later than 30 days after completion of the grant training. Failure to do so will be
construed by the Comptroller as the grantee's relinquishment of the grant award.Any exception to this rule will require review and written approval by
the Comptroller or Comptroller's designee.
Grantees are responsible for ensuring they have obtained the appropriate approvals from their governing body (city council or county commis-
sioners'court)to accept the grant funds,if awarded.Approvals should be obtained by Aug.10 to allow time to return the contract by the deadline.
Inspection reports are due on the 10th day of the month following each month in which compliance activities were performed.
Grant funds must be used exclusively for the following compliance activities:
• compliance education of tobacco retailers,as well as judicial and court personnel invoNed in adjudicating tobacco violations;
• on-site compliance inspections that may result in the issuance of citations not using minors as decoys(i.e.,violations
for signs not posted, lack of proper employee notification forms,direct access by minors to tobacco,and other retailer
violations of tobacco laws);
• on-site controlled buys, or"stings," of tobacco permitted retail outlets (e.g., grocery stores, convenience stores,
gas stations,mass merchandisers)that may result in the issuance of citations using minors as decoys;
• monthly/quarterly activity reports to Comptroller or Comptroller's designee.
The Comptroller reserves the right to revoke a grant award if the recipient is not in compliance with these requirements.
The following are the grant award allocations:60 percent controlled buys,20 percent compliance inspection,15 percent retailer and judicial education,
and 5 percent required reporting. If your use of grant funds needs to be different than the suggested allocation,please request allocation changes,
inGuding an explanation in writing to the Comptroller's office for approval.
Award amounts are determined by the number of tobacco retailers within the grantee's jurisdiction,completeness of application and past pertormance
if your department had a tobacco compliance grant in the past.
Applications may be mailed,hand delivered or faxed.
The mailing address is: The hand-delivery address is: The FAX number is:
Comptroller of Public Accounts Comptroller of Public Accounts (512)245-8066
Go Texas STEP Go Texas STEP
P.O.Box 1328 626 Moore St.
San Marcos,TX 78667-1328 The Strahan House
Texas State University
San Marcos,TX 78666-4610
RECONSIDERATION OF DENIAL OF GRANT AWARDS
If the Comptroller rejects an application,the applicant will receive a letter explaining reasons for the rejection.An applicant may request reconsideration
in writing within 10 days of the notification of the rejection.After reconsideration,the Comptroller's decision regarding grant applications is final.
AP-190(Rev.410/15)