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2013-28145 Resolution RESOLUTION NO. 2013= 28145 °' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATING THE FIRST AMENDMENT TO THE POLICE CONFISCATION TRUST FUND FOR FISCAL YEAR 201212013 IN THE AMOUNT OF $10,000, TO BE FUNDED FROM THE PROCEEDS OF THE STATE CONFISCATED FUNDS, FOR THE APPROPRIATION AND EXPENDITURE OF THOSE MATTERS SET FORTH IN EXHIBIT "A." ; 7 WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust Fund; and WHEREAS, the proceeds and interest earned from the Police Confiscation Trust Fund is authorized to be used for crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes; and WHEREAS, the Chief of Police is authorized to expend these funds upon request to the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police Department by the City of Miami Beach Commission; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification which states that this request complies with the provisions of Section 932.7055 of the Florida Statutes (written certification attached as Exhibit "B "; and WHEREAS, funds in the amount of $10,000 are available in the Police Confiscation Trust Fund. CURRENT INCREASE AMENDED BUDGET BUDGET STATE- $ 1,019,300 $ 10,000 $1,029,300 FEDERAL- $ 312,800 $ $ 312,800 TOTAL- $1,332,100 $ 10,000 $1,342,100 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, adopting and appropriating the First Amendment to the Police Confiscation Trust Fund for fiscal year 2012/2013 in the amount of $10,000, to be funded from the proceeds of the State confiscated funds, for the appropriation and expenditure of those matters set forth in exhibit "A." PASSED and ADOPTED this 16 r h day of! jcim !r X., 2013`,, ATTEST BY: OQ`.. MA . , ATTl ffERkffRA BOWER. RAL E. G O, CITY MERK ' APPROVED AS TO INCORP ORATED.: FORM & LANGUAGE =� & FOR UTION RNEY T EXHIBIT "B' CERTIFICATION I, Raymond Martinez, Chief of Police, City of Miami Beach, do hereby certify that the aforementioned proposed request for expenditures from the City of Miami Beach Police Confiscation Trust Fund, for the 2012/2013 fiscal year providing funds for expenditures, complies with the provisions of Section 932.7055(4)(a), Florida Statutes, and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies. Raymond Martinez, Chief of Police Miami Beach Police Department a�� l t� Date "EXHIBIT A" MIAMI BEACH CONFISCATED TRUST FUND BUDGET SECOND AMENDMENT FISCAL YEAR 2012113 STATE FUNDS: In an effort to make the streets of Miami Beach safer, the City of Miami Beach Commission $ 10,000.00 607 - 4717 - 000343 approved $10,000 from the State Confiscations Funds on January 16, 2013 to purchase Visa /Mastercard gift cards for the City of Miami Beach Gun Buy Back program administered by the Miami Beach Police Department. The gift cards will be given to persons wanting to turn in various firearms in exchange for the gift cards. TOTAL OF STATE FUNDS $ 10,000.00 f Cardillo, Lilia ` From: Boksner, Aleksandr Sent: Friday, February 08, 2013 11:43 AM , To: Cardillo, Lilia; Gruen, Michael; Mejia, Dolores; Granada, Rafael Cc: Caba, Sandra Subject: RE: please call me regarding this amendment The City Commission approved the $10,000 appropriation from the State Confiscation Trust Fund. This $10,000 approval requires a separate resolution from the initial resolution for the expenditure of $130,000, which is to be funded , by the Federal Confiscation Trust Fund. In order to ensure compliance with Florida Law, a separate resolution must be accomplished to address the approval of this expenditure. Thanl< you. Aleksandr Boksner, Senior Assistant City Attorney From: Cardillo, Lilia . Sent: Friday, February 08, 2013 11:11 AM To: Gruen, Michael; Mejia, Dolores; Boksner, Aleksandr Cc: Caba, Sandra Subject: please call me regarding this 10 (Police Department) ACTION: Item. R91K heard iri 'conjunction with item C7E. Item separated for discussion by Commissioner. Libbin. Resolution No. 2013 -28109 adopted as amended. Motion made by Commissioner Exposito to approve the item, appropriating $10,000 for the,:gun buyback` program, and refer item to committee; seconded by Vice -Mayor Gongora; Voice vote: 7 -0. Patricia Walker to place on' the committee agenda. Chief Martinez to handle. Amendment Appropriate $10;0,00,f9r the'gun: uyback,programi REFERRAL: Referral to the Finance and Citywide Projects Committee to: • Discuss parameters to implement the gun buyback pilot program . • Establish the types of gift cards in return for'the types of guns . • Ensure that the City is doing background check on the guns purchased • Check feasibility of limiting the guns buyback to Miami Beach residents only.. • Locate possible use of cameras • Discuss pilot program for having monitored cameras - .placed in high crime areas, (such 12th through 15 Streets and Washington Avenue), and use forfeiture funds for this program with funding from Law Enforcement Trust Fund Commissioner Libbin explained reason why this item was pulled and explained that Police Chief Martinez and the City Manager are recommending= adding $10,OOOJo „-the request,, : as ,part .,of the Consent „Item. They are proposing to offer a gun buyback program to try to get guns off the street which the City has never conducted before. This would be a great opportunity for people to turn their guns in. 1 Kathie G. Brooks, Interim City Manager, clarified that there was a memorandum sent and suggested that'Chief Martinez read the document into the record.