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Travis County Commissioners Court

Tuesday, February 15, 2011,
Item 13 and A1

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>> 13 is to consider and take appropriate action two allocate additional local initiative program grant fund to the counterfeit motor vehicle inspection program to identify vehicles that have counterfeit state inspection certificates.
are there questions?

>> on this one, this is just to allocate additional grant fund from the state to the program, correct?
this isn't additional local match or additional local fund?

>> it does require an additional local match of 25%, which we're using the benefits that are paid to the salaries of the officers as an in-kind match.

>> and right now there are is it 2 1/2 officers, f.t.e.
grant funded?

>> at this time there's 35 officers between the sheriff's department and the constable.
this would fund two additional officers for the program.

>> and I know that sheriff's department officers, they weren't additional fte.
they're just fte for that's our match, correct?

>> correct.

>> and for the constables, are there any constable position that are entirely grant funded?
there is one position that will be 100% funded with this grant fund.
the rest of the fund can be divided equally among the other officers.

>> and is that the position that was in our backup for another item that was at a $99,000, that one position was $99,000?
or is that $99,000 spread over more than one position?

>> it's spread over more than one position.
it will be one position and the remainder of the funds will be spread out over the additional precincts or sheriff's office.

>> okay.
and what happens to those ftes if and when weram and lip is swept by the state?

>> that will up to the constables or their management.
the majority of these officers are paid part-time through this grant program.

>> I am looking with concern at the e-mails that we received today based on what happened last night that state office of administration had given tcq a negative audit on their wirap and lip programs?
I'm concerned that the state is going to sweep these funds.

>> well, Commissioner, I believe the funds that we're talking about with respect to wirap and lip that we've received up to now are dollars we already have in our possession.
so it's unlikely that they would be taken back.
the funds that we're talking about today, the 99,000, this would be a way for us to allocate those dollars, so potentially if there were to be some problem at tcq right now they might say, well, we're not going to disperse those.
with respect to what adel was saying, these funds are being used really to supplement the budgets in the various law enforcement agencies and they're spread out amongst a number of officers and they use it to help stretch their dollars but also then to specifically engage in this program.

>> and some of the officers do work overtime.
and this is how they're paid is using these funds for their overtime work.

>> and would it be appropriate, judge, to bring up a-1 at the same time we do 13 just to have a more global discussion of it?
is that all right with you?
would that be a logical -- if you all want to bifurcate it out into two different items.

>> I think that's fine.

>> to support full funding for the low income repair assistance retrofit and accelerated vehicle retirement program and the local initiative projects.

>> I have a suggestion, because so many of these state grants when they're law enforcement-related they come to us as a way to get the flywheel started on a novel program.
and if during the pendency of the grant it turns out they work very well they end up either ending the grant program or in this case sweeping which is a different deal all together.
but by that time we've had sufficient data to be able to decide if we want to pick it up for funding, for fully funding at the local level.
we do that with model court programs, we do that with model law enforcement initiatives.
and so my suggestion out there, because is a hybrid environmental program, law enforcement program, I would like to have criminal justice planning working with transportation and natural resources on putting it together in a similar way that we're looked at these model law enforcement and court programs in the past.
because one thing I'm concerned about is we have so many competing issues with regard to law enforcement and some fairly big issues to address.
like violent crime, property crime, increased juvenile crime.
I want to be mindful of where this fits in the law enforcement constellation.
you had sent over some really good statistics to me, ad, le, that between 7 and 10% of cars in Travis County failed the emissions test annually.
and then the dallas-fort worth area has some very concerning statistics where they're saying up to 27% of their inspection stickers are counterfeit?

>> yes, ma'am, that was what they found in the first year of the program that they started a similar program like what we have.
% of vehicles on the road, they discovered, had a counterfeit or fictitious emissions certificate.
however, in 2010, because of the success of this program it dropped to 17%.

>> that's the kind of statistical tracking I think that we need for this program so that if these program dollars do get swept we can make a mindful determination of whether to pick it up with local funding.
because my concern is that road to fiscal imprudence is paved with good intention.
and there's a lot of good intention here.
but I think that we need the statistical analysis to back up continued funding at the local level if it should come to that.

>> and Commissioner also, the hhs was involved in the project as well, because they had to come up with the eligibility requirements for folks who could not afford to then fix their cars.
and so you're got three executive managers who can continue to work together on this project.

>> and of course, they're two separate programs, the vehicle replacement program and this cmvip program.

>> sure.

>> but I thought that the vehicle replacement program I think, it's a wonderful collaboration between h.r.
and -- or hhf and tnr.
I'm asking lip c and vip programs be partnered with criminal justice planning so that we can as rigorously test this novel program as we do the other model programs for which we get grant funding and then eventually are asked to pick it up entirely at the local level.
because I see that coming.
I think that's a high prohibit in this case.

>> that would be good also I think to probably get an assessment of the amount of money it had to come to the local level to actually fund the motor vehicle rep program and the law program.
this also has to do with air quality, that we are looking at in this area.
but I again, I really don't know exactly how much amount of money on both end that it would take to actually fund the particular program if there's no money going to be made available in the future for these programs. That I do not know.
and right now we do not know the status of quite a few things.
you know, e.p.a.
may even be under siege.
there's a lot of things happening at the federal level that's going to hit us at the local level.
so it would be good to know these things just in case there is a hit.
and then again, if e.p.a.
takes a severe hit at the national level, then how will this affect us locally?
and then especially if it's going to look at ways that we must come into compliance if we did it with non-attainment and attainment-type status of our air quality.
which is something that's being measured, and it's measured accordingly.
of course, we have been trying our best to get our arms around this.
but again, you really don't know where this is going to fall or land at this point.
so there's a lot of concerns, I think, in a lot of these programs that may be under siege as far as money not being made available to the county or to the local government to deal with.
and of course, it may filter all the way from the federal to the state and the local level.
so I think we all have to be put on the alert I think to see exactly where we are.
so for me, it would be good for me to now exactly how much amount of money does it really take to run those programs?
the mvp program and also the law rep program.
because their assistance as far as funding is concerned from other governmental entities other than where we are at this point.
so it would be good for us to know that, I think.

>> Commissioner, let's just keep in mind that there are two different -- to get a global picture of what's going on here today.
one is we've got the item before us with respect to providing funds asking for the 99,000 some odd dollars specifically for the counterfeit inspection program.
those are dollars that basically it's an allocation in the l.i.p.
program that's a special project.
we've always understood this was going to be a limited-term, focused project if in fact our law enforcement folks decided in the end that there was a way to extend that, they would have to figure out a way to do that.
with respect to wirap and lip in general, the proposal right now before the legislature is to zero out the funding for those.
we already have our dollars for this particular year for the wirap program.
and if in fact it gets zeroed out we've put together a plan under which we could potentially operate the program through the remainder of this fiscal year and through next fiscal year.
but it would mean simply a reduction in the number of specific vehicle replacements that we would support.

>> there's an impact.

>> there certainly would be an impact.

>> that's what I'm trying to get to.

>> if the program got zeroed out it would basically end at the end of that time frame because we have no other way to fund it.

>> right.
it is explicitly funded through those inspection fees that you pay when you get your vehicle inspected every year.

>> right.

>> and this basically is a proposal to sweep those dollars off into whatever the state feels is the best way to spend.

>> judge, I would move approval of 13 and a-1 with the additional comment that I would like to see the lip program specifically collaboration between tnr and criminal justice planning to really put together the metrics on that program.
because I do anticipate that those funds are going to go away sooner than later.
and we need to have a good protocol for evaluating the program just as we would any other law enforcement program.

>> what questions did you have?

>> I spoke quite a bit yesterday over the phone with some of the people.

>> oh, okay.

>> and you were very helpful.
thank you.

>> I do ask just for point of reference, though, I did misinform you on one item.
that is that we were talking about whether the program is really focused on the individual citations?
I guess our focus has been so much on the criminal investigations that arise out of the program that it didn't really occur to me that yes, in fact a lot of the officers are actually engaged in giving warnings for folks who have expired certificates.
and then that is followed up potentially with a citation if they don't get that corrected.
so I wanted today make sure that you understood -- I misinformed you a little bit yesterday when I said that.

>> okay.
thanks for bringing that up.
I want to commend this effort to clean up the air.
we all have to breathe.
it's not optional.
and to deter organized crime.
that's certainly a commendable thing, too.
but coming from my own personal background where I was at the receiving end of some truly violent and horrific crimes against me, they began with what was later alleged to be a stop over an expired sticker.
so I didn't want there to be some kind of rationale whereby psychokiller cops would claim we're going around beating people up and almost murdering them under the guise of cleaning up stinky air and stopping organized crime.
that was my concern.
so I think that the goals are proper.
everybody needs clean air, and we certainly need men -- to fight organized crime.
I don't have a clearcut solution.
my thinking is muddled on this.
I would say here's my recommendation but I'm not at this point.

>> miss artemus, this dissuade your fierce about the target of this program, there have been only 15 charges brought under this program and only one conviction so farm and that conviction was for a state jail felony.
the individual was sentenced to six months in state jail.
and that's not the kind of sentence that you get just for an expired inspection sticker.
that's for trafficking in counterfeit stickers.

>> thank you so much for your comments.
well taken.

>> and as a motion and second to approve 13 and a-1 regarding collaborating with criminal justice planning.
that but I think the court ought to see a specific plan to accomplish that at some point.
and we'll need an appropriately-worded agenda item to accomplish it.

>> judge, in that particular plan I still want to see how that's affecting low income persons, especially if this fund is zeroed out.
of course, we had the replacement vehicle, replacement program to get these smoking vehicles off the road, emissions that mess with the ozone.
I really want to see the impact, the impact analysis of all of this.
how it's going to affect our low income persons in the community.

>> we'll be glad to do that.

>> I just think we need to go with what we're talking about now.
we need to see how it's going to affect our low income in this community.

>> understood.

>> any more discussion on the motion that covers 13 and a-1?
all in favor?
that passes by unanimous vote.
thank you all very much.


The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.


Last Modified: Tuesday, February 15, 2011 6:46 PM

 

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