ORDER NO. 29662 APPROVE APPLICATION FOR COMPTROLLER'S TOBACCO COMPLIANCE GRANT Came to be heard this the 8th day of May, 2006, with a motion made by Commissioner Baldwin, seconded by Commissioners Williams/Letz. The Court unanimously approved by vote of 4-0-0 to: Approve the application for Comptroller's Tobacco Compliance Grant. a5lo6a- /~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W.R. Hierholzer OFFICE: Kerr Counri Sheriffs Office MEETING DATE: May g, 2006 TIME PREFERRED: SUBJECT: Consider, discuss and approve application for Comptroller's Tobacco Compliance Grant. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Sheriff HIerholzer ESTIMATED LENGTH OF PRESENTATION: 3 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that [he matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. May 8, 2006 TO: Kerr County Judge Pat Tinley and Kerr County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: Tobacco Compliance Grant Consider, discuss and approve application for Comptroller's Tobacco Compliance Grant. Attention FY 2007 Comptroller's Tobacco Compliance Grant Applications School-Based Police Grant applications will be available on the Comptroller's website April 6th, and are due back to Texas STEP by May 5th. Local Law Enforcement Grant applications will be available on the Comptroller's website April 12th, and are due back to Texas STEP by May 19th. A link to these applications can be found at Texas STEP's website: www.Texas-STEP.org TOBACCO COMPLIANCE GRANT APPLICATION FOR LOCAL LAW ENFORCEMENT AGENCIES 4T11E Cp .~ ~ I ~~`~ w ~ O w0 ~ ~~ ~ 2EXAS TEXAS COMPTROLLER OF PUBLIC ACCOUNTS FY 2007 Application Filing Deadline is Mav 79. 2006 PURPOSE OFGRANTAWARDS The Comptroller will make block grants to counties and munidpalities to be used by local law enforcement agendes to enforce Subchapters H, K and N, Chapter 161, Texas Health and Safety Code in a manner that wn reasonabty be expected to reduce the extent to which cigarettes and tobacco products are sold or distributed to persons who are younger than 18 years oT age. The Comptroller shall rely, to the fullest extent possible, on sheriffs, censtables, or chiefs of police or their employees to enforce this subchapter. OBLIGATIONS FORGRANTSAWARDED The Comptroller's office shall enforce provisions of Health and Safety Code Ch. 161, in partnership with local law enforcement agenGes. This shah also ensure the state's wmpiiance 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. AWARDAND GRANTACCEPTANCE CONgTIONS The Comprollers 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 compleRon 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 Comptrollers designee. Grantees are responsible for ensuring that they Aave obtained the appropriate approvals trom their governing body (city council or county commissioners' court) to accept the grant funds, "rf awarded. Approvals should be obtained by Augusf 10 to allow time to return the contract Dy the deadline. Inspection reports are due on the 10th day of the month toilowing each month in which compliance activities were performed. Grant funds must be used exclusivety for the following compliance activities: • on-site compliance inspections of tobacco permitted retail outleLS (e.g., grocery stores, convenience stores, gas stations, mass merchandisers) that may result in the issuance of citations using minors as decoys (I.e., stings); • 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 certHicatlon, direct access by minors to tobacco, and minor use or possession of tobacco products); • compliance education of retailers, Judicial and court personnel; • monthtyfquarterly activity reports to Comptroller or Comptrollers designee. The Comptroller reserves the right to revoke a grant award N the recipient is not in compliance with these requirements The following are the grant award allocations: 60 percent "stings", 20 percent compliance inspection, 15 percent retailer and judicial education, and 5 percent required reporting. Ii your use of grant funds will be different than the suggested allocation, please speciry in writing how the funds will be distributed and submit to the Comptrollers office for approval. Award amounts are determined by population size, number of tobacco retailers within the grantee's jurisdiction, completeness of application and past performance if your department had an agreement in the past. Applications may be mailed, hand delivered, or faxe0 The mailing address is: The hand delivery address is: The fax number is: Texas STEP Texas STEP (512) 245-8066 1700 Ranch Road 12, STE 218 The Sirahan House San Marws, TX 78666-2502 Texas State University San Marcos, TX 78666-0610 RECONSIDERATION OF DENIAL OF GRANTAWARDS Ii the Comptroller rejects an application, the applicant will receive a letter explaining reasons for the rejection. An applicant may request reconsidera- tion in writing within 10 days of the notification of the rejection. ARer reconsideration, the Comptroller's decision regarding grant applications is final. AP-190fRevaOa'11) FamAP-190 (Bark)IReva-0&11) Please indicate if you are: ©County Shertft ^ District Attorney ^ Municipal Chiei of Police ^ Constable ^ Joint application Annual Grant Period: September 1 through Augus[ 31. For Comptroller use Doty. kTx „ "'s~ ~., ,. ft~'AA( , asa. ;t3 "5~ ~ ~? x f' *? • ~~ t "t Ca)t' CEA~ ~.: .. ~: of skY~':si'-'.. "~~~, Name oforgan˘atim Fetleml Employerltlentifiratlon NanDer(FEIN) 7 4 6- 0 0- 1 4 9 4 Contact Title Contaq First Name Contact Midtlle lni4al Corned Last Name DARE Sherry L James Mailing atltlress CM State 400 Clearwater Paseo Kerrville Texas CwRy Zp COtle Kerr 7802 8 Teleplmie nimber FaxramDer (830 )8 96 - 1 216 (830 )2 57 - 7904 - - - - erriailatlmesa Have you Deena previous grernredpierN't (Chedone) sjaffles@co.kerr.tx.lys Yes ® No 1. Department or Division responsible for your tobacco compliance program DARE Contact Information (if different from above) 2. What is the approximate population within your judsdiction? '"` 3. What is the approximate number of tobacco products retailers within your jurisdiction? 4. If you have wnducted any tobacco related enforcement actions in the last 12 months, please indicate: Inspections ~ Noratonsf 1 reY tter~cts~ons issued Other (speciry) Please answer questions 5 - 8 on separate sheets o/ paper. 43,653 61 5. A list of zip modes included in your full jurisdictional boundaries - (Note: I/ a zip code is not wholly included within that boundary, please estimate the percentage that is in your jurisdiction) 6. A list of agencies with whom your agency has an existing Interagency Agreement or Memorandum of Understantling/Agreement (formal or informal) that may restrict your agency's ability to provide full enforcement capabilities within jurtsdictional boundades - (Example: A ShenMs Office or Constable's Office that does not enforce laws within the corporate city limits of a town or municipality in (heir county or precinct) 7. List all local community organizations or other agencies you will partner with to enforce the Tobacco laws concerning minors. 8. Have you obtained the appropriate approval from your governing body (city council or county commissioners' coup) to accept this grant if awartled? ................................................................................................................................................... ~ Yes (It NO, we encourage you to seek approval prior to August 10th, in the event your agency is awarded a grant) 9. If you am a curent CPA tobacco grant recipient, what is your wren( available balance for this fiscal year? 1 876-38 Do you plan on expending these funds prior to August 31st? ........... _......... , '~ Yes ^ No ^ No 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. Typetl name antl title W.R. Hierholzer, Sheriff 4/26/06 additional information or assistance, call 1-888-STEP-123. 5. A list of zip codes included in our full jurisdictional boundaries; Kerrville, Tx 78028, Ingram, Tx 78025, Hunt, Tx 78024, Center Point, Tx 78010, Mountain Home, Tx 78058 6. A list of agencies with whom our agency has an existing Interagency Agreement or Memorandum of Understanding/Agreement (formal or informal) that may restrict our agency's ability to provide full enforcement capabilities within jurisdictional boundaries; we have an informal Interagency Agreement/MOU where we provide full enforcement capabilities within the corporate city limits of Kerrville, Kerr County, Tx (Kerrville Police Department) and within the municipality of Ingram, Ken County, Tx (Ingram City Marshall's Office). 7. List all local community organizations or other agencies we will partner with to enforce the Tobacco Laws concerning minors. a. Texas Alcoholic Beverage Commission (TABC) b. Hill Country Council on Alcohol and Drug Abuse c. Texas Comptrollers Office (CID Officers) d. School Districts e. Rotary Club f. Justice of the Peace g. Prosecutors h. Juvenile Probation Department "` i. Texas Statewide Tobacco Education and Prevention Program (STEP) j. Texas Commission on Alcohol and Drug Abuse (TCADA) k. Center for Safe Communities and Schools ]. Big Brothers/Big Sisters m. Any Baby Can n. La Hacienda Treatment Center