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HomeMy WebLinkAboutApril 15, 2003 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 15, 2003 After determining that a quorum is presem, the City Council will convene in a Work Session on Tuesday, April 15, 2003 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a funding recommendations report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC) and hold a discussion regarding the proposed City of DeNon 2003 Action Plan for Housing and Community Development. (Committee Chairs are scheduled to provide briefings.) Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of April 15, 2003. NOTE: The City Council reserves the right to adjourn imo a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended. Regular Meeting of the City of DeNon City Council on Tuesday, April 15, 2003 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, DeNon, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. April Yard-of-the-Month Awards C. Recognition of staff accomplishments 3. CITIZEN REPORTS A. Receive citizen reports from the following: Mike LeFebvre: sidewalks in the Lakeview Ranch Subdivision. Tommy Bain: sidewalks in the Lakeview Ranch Subdivision. Mike Cochran: quarterly review of Denton Development Code. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consem Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. City of DeNon City Council Agenda April 15, 2003 Page 2 The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consem Agenda (Agenda items A-K). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. if no items are pulled, Consem Agenda items A-K below will be approved with one motion, if items are pulled for separate discussion, they will be considered as the first items following approval of the Consem Agenda. A. Consider approval of the minutes of March 25, 2003 and April 1, 2003. Bo Consider adoption of an ordinance authorizing the City Manager to execute a Local Participation Advanced Funding Agreemem for an on-system project as related to the implementation of the proposed 1-35 E northbound ramp reversals between Loop 288/Lillian Miller Parkway and State School Road/Mayhill Road (Brinker Road) project in the City of Demon. Co Consider adoption of an ordinance authorizing the City Manager to execute a Local Participation Advanced Funding Agreemem for an on-system project as related to the implementation of the proposed 1-35 E southbound ramp reversals between Loop 288/Lillian Miller Parkway and State School Road/Mayhill Road (Wind River Lane) project in the City of DeNon. Do Consider adoption of an ordinance approving a real estate comract between the City of Demon and Demon County relating to the purchase of the County's one half undivided imerest in 2.93 acres of land located in the Eugene Puchalski Survey, Abstract No. 996, Demon County, Texas, and being part of a tract of land as described by deed to the City of Demon, Texas and Demon County, as recorded in Volume 383, Page 187, Deed Records, Demon County Texas; authorizing the expenditure of funds therefore; and providing an effective date. mo Consider adoption of an ordinance of the City of DeNon, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2003 Summer Food Service Program; if such funding is grained, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. Fo Consider a request for an exception to the Noise Ordinance for the purpose of the Chi Omega, Alpha Alpha Chapter of the University of North Texas, "Just Wish for it" Fun Walk, Sunday, April 27, 2003 at South Lakes Park. Go Consider a request for an exception to the Noise Ordinance for the purpose of construction on the Denton Aquatics Center by Charter Builders, LTD beginning immediately through the completion of the project during the hours of 6:30 a.m. and 8:30 p.m. Monday through Friday. City of DeNon City Council Agenda April 15, 2003 Page 3 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for mowing for the Parks and Recreation Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 2980 - Annual Mowing Comract (Parks) awarded to the lowest responsible bidders for each item in the estimated amount of $32,000). Consider adoption of an ordinance accepting competitive bids and awarding an annual comract for the purchase of laboratory analyses for the Pecan Creek Reclamation PlaN; providing for the expenditure of funds therefore; and providing an effective date (Bid 2981 - Annual Price Agreemem for Environmental Laboratory Contract awarded to Ana-Lab Corp. in the estimated amoum of $110,495). Consider adoption of an ordinance awarding a comract for the purchase of physical fitness equipmem for the New Cemral Fire Station; providing for the expenditure of funds therefore; and providing an effective date (Bid 2987 - Physical Fitness Equipment/New Central Fire Station awarded to the lowest responsible bidder for each item for a total amoum of $39,754.77). Consider adoption of an ordinance authorizing the City Manager or his designee to execute change orders 19 and 20 to the contract between the City of Denton and Pharlap Construction, Inc.; providing for the expenditure of funds therefore; and providing an effective date (Bid 2791 - Solid Waste Facility Change Orders 19 and 20 in the amoum of $25,088). 5. PUBLIC HEARINGS Hold a public hearing inviting citizens to commem on the City of DeMon's 2003 Action Plan for Housing and Community Development. Hold a public hearing and consider adoption of an ordinance approving a Specific Use Permit for approximately 1.5 acres to allow a drive-thru facility. The site is in a Neighborhood Residemial Mixed Use (NRMU) zoning district. The subject property is generally located at the southwest corner of Teasley Lane and Teasley Lane opposite Wind River. A pharmacy with a drive-thru is proposed. The Planning and Zoning Commission recommends approval (7-0). (ZO3-OOOD Cominue and re-convene the public hearing begun on March 25, 2003 regarding the amendmem of land use assumptions and capital improvemems plan, and the possible imposition of an amended impact fee for water and wastewater. 6. ITEMS FOR INDIVIDUAL CONSIDERATION Consider an ordinance of the City of DeNon, Texas, prescribing regulations regarding a rate filing package to include specific schedules, data, and other information to be provided to the municipality by gas utilities as part of the statement of intent to increase rates under the gas utility regulatory act; providing that this ordinance is cumulative and that other information may be required to be City of DeNon City Council Agenda April 15, 2003 Page 4 submitted; providing for the use of forms as part of the statemem of imem; requiring that the rate filing package be supported by affidavit; providing for expert assistance; providing for compliance with other laws; providing for a waiver of these filing requiremems on good cause but no waiver of jurisdiction; providing for the treatmem of proprietary gas utility information; providing for notice; providing for a civil penalty in the maximum amoum of $500.00 for violations thereof, providing for a savings clause; providing a severability clause; and providing an effective date. B. Consider nominations and appoimmems to the City's Boards and Commissions. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of DeNon, Texas, on the day of ,2003 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET ADENDA DATE: DEPARTMENT: April 15, 2003 Economic Development/Community Developmem Division CM/DCM/ACM: David Hill, Assistam City Manager SUBJECT Receive a funding recommendations report from the Community Developmem Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC) and hold a discussion regarding the proposed City of Demon's 2003 Action Plan for Housing and Community Developmem. Edward Touraine, CDAC Chair and James McDade, HSAC Chair, are scheduled to provide briefings.) BACKGROUND On an annual basis, the City of Demon prepares an Action Plan for submission to the U.S. Department of Housing and Urban Developmem (HUD). The Action Plan serves as the City's application for Community Developmem Block Gram (CDBG and HOME Investmem Partnership Gram (HOME) funding. In 2000, using a process with extensive input from citizens and local non-profit organizations, staff developed Demon's Consolidated Plan for Housing and Community Developmem. The Consolidated Plan is a five-year strategy detailing housing, social services, and public works projects benefiting low- and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. The 2003 Action Plan is the fourth year in the City's five- year strategy. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in December 2002. Application availability was advertised in December. Staff held application workshops in January. CDAC and HSAC held funding hearings during February and March. Both committees developed a set of funding recommendations (Attachmems #1, #2, and #3) to presem to City Council. Staff has included these recommendations in the 2003 Action Plan (Attachmem #4) for Council review. Page 8 of the Action Plan provides a list of the activities recommended for 2003 funding. Please refer to your 2003 Action Plan for additional information and minutes of the CDAC and HSAC meetings. OPTIONS · City Council may request that changes be made to the proposed 2003 Action Plan activities prior to consideration of final approval in May 2003. · Give staff direction on which proposed Human Service budget to include in the Action Plan. · City Council may choose to accept CDAC and HSAC recommendations and make no changes to the proposed plan, which would include level funding budget. ESTIMATED SCHEDULE OF PROJECT Public comment period Committee's will brief City Council on Plan Action Plan public hearing City Council considers approval of Action Plan Submission of Action Plan to HUD Environmental review process Release of funds by HUD Project initiation March 31 through April 29, 2003 April 15, 2003 April 15, 2003 May 27, 2003 June 15, 2003 April 25 through July 14, 2003 July 31, 2003 August 1, 2003 PRIOR ACTION/REVIEW Community Development Advisory Committee members have developed recommendations for allocation of CDBG funds for housing, sidewalk and street improvements. The committees, with assistance from the Community Development staff, developed recommendations for the use of $1,744,570 in CDBG, HOME and program income on housing, capital improvements, non profit facility improvements, social services and program administration. Since the City of Denton received a decrease in the CDBG funding allocation for the 2003 program year, the amount of CDBG funds allocated to human services activities also decreased by $12,275. This is due to the regulatory 15% cap on CDBG-funded services. As requested by the Mayor, HSAC developed two budgets for next year. The first recommendation would keep the same level of funding as last year and would require a $12,275 increase in General Fund dollars. The second reflects the decreased funding cap. HSAC recommendations in the current version of the 2003 Action Plan are based on the "level funding" budget recommendation rather than the budget that reflect the CDBG funding decrease. FISCAL INFORMATION All projects and programs approved under the 2003 Action Plan are funded with CDBG and HOME funds. No general fund dollars are included in the proposed 2003 Action Plan project activities. Some general funds are used in program administration. EXHIBITS Attachment 1: Attachment 2: Attachment 3: Attachment 4: Community Development Funding Summary CDAC Funding Recommendations Chart HSAC Funding Recommendations Chart 2003 Action Plan for Housing and Community Development Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Community Development Division COMMUNITY DEVELOPMENT ADVISORY COMMITTEE REVISED - 2003 FUNDING SUMMARY FUNDING AVAILABLE 2003 PROGRAM YEAR I CDBG GRANT I HOME GRANT TOTAL FUNDS 2003 Entitlement Grant (Actual) $1,026,926 $622,867 $1,649,793 2003 Program Income (Proposed) $45,000 $33,000 $78,000 1997 Reallocated Funds - Cancelled Project $13,811 $0 $13,811 Total Funds Available $1,085,737 $655,867 $1,741,604 Less: Funds Allocated to Administration Activities ($214,385) ($65,587) ($279,972) Less: Funds Allocated to Human Services Activities ($154,039) $0 ($154,039) Total Funds Available for CDAC Applications $717,313 $590,280 $1,307,593 CHDO Setaside (15% OF HOME Grant) $0 $93,430 $93,430 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 2003 FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS 2003 Funding Funds Available Funds AVailable APPLICATIONS Request $717,313 $590;280 BLDG. INSP. Demolition Program $30,000 $15,000 $0 CD DIV. H°mebuye~ ASSistance Pr°~am $136,535 $39,000 $97;535 CD DIV. Home Imp~%emen¢oPtional ReconstruCti $257,568 $137,463 $120i105 CD DIV. Minor Repair Program $40,000 $40,000 $0 Improvements to Day Laborer's Pavilion CITY MGRS. OFC. (Funding for water fountain and fencing) $22,623 $10,000 $0 ENG. DEPT. Industrial St. Rebuild $19,163 $0 $0 ENG. DEPT. Fannin St. Repaving $28,788 $28,788 $0 ENG. DEPT. Paisley St. Sidewalk $72,998 $72,998 $0 ENG. DEPT. Prairie St. Sidewalk $94,073 $94,073 $0 ENG. DEPT. Wilson St. Repaving $77,000 $0 $0 ENG. DEPT. Duncan St. Repaving $110,489 $110,489 $0 ENG. DEPT. Alice, Coit, Cordell & Emery St. Repavin~ $376,347 $0 $0 ENG. DEPT. Misc. CDBG Sidewalks (Funding for $243,282 $83,158 $0 Bradshaw and Crawford St. only) ENG. DEPT. Paisley St. Repaving $104,254 $0 $0 ENG. DEPT. Wilson St. Speed Humps $4,000 $0 $0 ENG. DEPT. Peak St. Speed Humps $4,000 $0 $0 NON-PROFIT: DCCDN Improvements $61,980 $61,344 $0 NON-PROFIT: NeVada COU~ P~ojeet $156,000 $0 $156;000 NON-PROFIT: P.C. Building Project $327,000 $0 $0 POLICE DEPT. Graffiti/Blight Abatement (Funding for supplies only) $10,000 $5,000 $0 POLICE DEPT. Illegal Dumping Project $20,000 $20,000 $0 CD DIV. Infill NeW construction pro~am $171,000 $0 $216;640 TOTAL FUNDING RECOMMENDED $2,367,100 $717,313 $590,280 CDBG AND HOME FUNDS AVAILABLE $1,307,593 $717,313 $590,280 Shaded requests are HOME eligible activities CITY OF DENTON 1-YEAR ACTION PLAN 2003 Program year Housing Park Facilities Public Improvements Human Services for housing and community development Prepared for the U.S. Dept. of Housing and Urban Development Submitted to Denton City Council on April 15, 2003 www.cityofdenton.com ADA/E OE/ADEA TABLE OF CONTENTS A. Summary of Action Plan 1. Introduction .................................................................................................................. 1 2. Funding Summary ........................................................................................................ 1 3. Local Match .................................................................................................................. 2 4. Citizen Participation ..................................................................................................... 2 5. Amendment .................................................................................................................. 2 B. Funding Sources 1. Summary ....................................................................................................................... 3 2. SF-424 Application - CDBG Funds ............................................................................. 5 3. SF-424 Application - HOME Funds ............................................................................ 6 C. Projects/Activities 1. Summary ....................................................................................................................... 7 2. CPD Listing of CDBG and HOME Proposed Projects ................................................ 8 3. Other Resources Available ......................................................................................... 34 D. CP Strategies and Proposed Projects ................................................................................ 35 1. Housing Strategies ...................................................................................................... 35 2. Continuum of Care Strategies .................................................................................... 37 3. Lead-Based Paint Strategies ....................................................................................... 40 4. Human Services Strategies ......................................................................................... 40 5. Infrastructure & Public Facilities Strategies .............................................................. 41 6. Demolition Strategies ................................................................................................. 42 7. Anti-Poverty & Economic Development Strategies .................................................. 42 E. Proposed Project Map ...................................................................................................... 43 F. Other Program Requirements Go 1. HOME - Forms of Investment ................................................................................... 44 2. HOME - Tenant-Based Rental Assistance ................................................................ 44 3. Monitoring Standards and Procedures ...................................................................... 45 4. Public Housing Improvements ................................................................................... 45 5. Public Housing Resident Initiatives ........................................................................... 45 6. Institutional Structure ................................................................................................. 46 Certifications .................................................................................................................... 47 Minutes A. Minutes from Public Hearings (12/2/02, 12/9/02, 4/15/03) ....................................... 52 B. Minutes from 30-day Comment Period ...................................................................... 59 C. Minutes from the Community Development Advisory Committee ........................... 62 D. Minutes from the Human Services Advisory Committee .......................................... 80 SUMMARY INTRODUCTION This documem serves as the City of Demon's 2003 Action Plan for the Community Developmem Block Gram (CDBG) and HOME Investmem Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Developmem Act of 1974, as amended, the City of Demon is required to submit a One-Year Action Plan to the U.S. Departmem of Housing and Urban Developmem. The plan outlines the specific projects and services that will be funded during the 2003 program year to address Denton's strategies stated in the 2000-2004 Consolidated Plan. Demon's 2000 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs in the city, strategies and available resources. Based on the needs analysis of the City of Denton, the following five year strategies were idemified in 2000 year and are reaffirmed this year: · Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; · Continuum of Care Strategies: Prevention, Outreach, Intake, Assessment & Referral, Housing Services (Emergency Shelter, Transitional Housing, Permanem Housing w and w/o Supportive Services), and Support Services; · Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; · Human Services Strategies: Development of additional childcare, Improvement of health care services, Cominue work with Cominuum of Care Planning Committee, Case Coordination and Information Referral, Support of growth strategy in community and Continued allocation support to meet urgent needs; · Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvemems, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; · Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Demon is curremly an emitlemem city for the Community Developmem Block Grant and HOME Investment Partnership Programs. The City of Denton's 2003 CDBG allocation is $1,026,926 and the HOME allocation is $622,867. A total of $80,966 in program income is projected for the 2003 program year. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 5 and 6, respectively. The HOME program also requires a local match. Page 1 LOCAL MATCH The City of DeMon's local match for the HOME program is $147,570. The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of DeNon will provide the match from a variety of sources including the following: Federal Home Loan Bank funds awarded to the City of DeNon and the DeNon Affordable Housing Corporation (DAHC) for home ownership assistance and home improvemem. DeNon County Housing Finance Corporation and other non-federal funding awarded to DeNon Affordable Housing Corporation and City of DeNon. o City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2003 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held December 2nd and 9th. The public hearings updated citizens on the status of current programs and activities and asked how the citizens how they felt the 2003 funds should be spem. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Developmem Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Developmem Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and imerested citizens. A notice was also placed in the DeNon Record-Chronicle. After the Action Plan was drafted, advertisemems were placed in the DeNon Record-Chronicle summarizing the plan and announcing to the public where the Action Plan was available for review, and the process for submitting commems to the City of Demon. The advertisemems also included information on the upcoming public hearing. Ads were also placed on the local governmemal channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All commems received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2003 Action Plan process, one public hearing will be scheduled on April 15, 2003 during a City Council Meeting to give citizens the opportunity to commem on the 2003 proposed projects and activities. See page 52 for minutes of the public hearings. Page 2 AMENDMENT The City of DeNon has also amended he 1997 Action Plan for Housing and Community Development. The amendmem would allow the City of DeNon to reallocate $13,811 in CDBG funds. The 1997 Action Plan included $13,811 in CDBG funds for construction of handicapped- accessible ramps at various SPAN Transportation bus stops. Use of funding was initially delayed due to a reassessmem of bus routes and a subsequem change in bus stop locations. Since the funds were no longer needed for ramp construction, funds were reallocated to the Home Improvemem Program, an existing program, and the SPAN Curb Cms/Ramps Project was cancelled. 2003 FUNDING SOURCES Emitlemem Gram (Includes Reallocated Funds) CDBG $1,026,926 ESG $0 HOME $622,867 HOPWA $0 Total $1,741,604 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (Amendment Section) CDBG ESG HOME HOPWA Total $13,811 $0 $0 $0 $13,811 Total Estimated Program Income CDBG Loan Repaymems HOME Loan Repaymems Total $47,966 $33,000 $80,966 Section 108 Loan Guaramee Fund $0 Total Funding Sources $1,744,570 Page 3 Other Funding Sources City of Demon - General Funds City of Demon - Plus One Funds Contributions County Grants Federal Grants Food Shelter Grant Foundations In-Kind Interest Local Grants Miscellaneous Grants Other Grants Prior Year Reserves Program Income Sale Proceeds Special Events State of Texas Grants United Way World Services Total Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $623,585 $26,000 $318,131 $5,000 $2,438,526 $45,000 $82,500 $26,750 $1,712 $175,450 $190 $195,380 $13,860 $751,076 $2,952,405 $129,000 $207,069 $329,792 $1,600 $8,323,026 $1,744,570 $0 Page 4 Page 5 AppNcation for FeSta! ~J~ Page 6 2003 PROJECTS/ACTIVITIES SUMMARY The City of DeMon's total federal and program income funding for 2003 is $1,744,570 (includes $13,811 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 8 to 33 and is arranged by project name. See the following list of CDBG and HOME proposed projects and activities for their assigned project and page number: Page #1 Project Name CDBG HOME Project # 8 Adult Day Care of North Texas $4,855 $0 8 9 AIDS Services of North Texas $16,800 se 9 le Bradshaw and Crawford Sidewalks $83,158 se 16 11 CDBG Administration $214,385 se 1 12 DCCD Schoollmprovemems $61,344 se 3 13 Day Laborer's Pavilion Improvemems $ lc,eec se 23 14 Demolition Program $15,000 se 17 15 Duncan Repave $110,489 se 19 16 Family Health Care, Inc. $31,800 se 10 17 Fannin Repave $28,788 se 20 18 Graffiti/Blight Abatemem $5,eee se 21 19 HOME Administration se $65,587 5 20 Home Improvement/Optional Reconstruction $137,463 $120,105 6 21 HomebuyerAssistance Program $39,000 $97,535 7 22 HOPE, Inc. $30,000 se 11 23 Illegal Dumping Project $20,000 se 22 24 Infill New Construction Program se $216,640 24 25 Imerfaith Ministries $2,250 se 12 26 Minor Repair Program $40,000 se 4 27 Nevada Court Project se $156,000 2 28 Paisley Sidewalk $72,998 se 25 29 PARD: ASAS/TRAC $17,000 se 13 30 PARD: King's Kids DayKamp $19,800 se 14 31 PARD: Owsley Summer Playground $19,500 se 15 32 Prairie Sidewalk $94,073 se 26 33 Salvation Army $15,eec se 18 Total Funding Allocated to Projects $1,088,703 $655,867 Funding Available $1,088,703 $65,867 Unprogrammed Funds se se Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 :g Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 OTHER RESOURCES AVAILABLE Also, during the 2003 program year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services program. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2003. Category / Agency General Funds Other Funds Aging Services RSVP $7,400 $324,540 SPAN, inc. $29,000 $1,568,507 Emergency Services: Community Food Center $3,000 $31,000 Interfaith Ministries $15,000 $0 Special Needs Services Adult Day Care of North Texas $4,145 $0 Riding Unlimited $825 $190,282 Youth, Children & Family Services Children's Advocacy Center $10,000 $458,604 Court Appointed Special Advocates, Denton Co. $8,000 $319,249 Cumberland Presbyterian Children's Home $4,000 $1,372,380 Denton Christian Preschool $30,000 $246,172 Denton City Co. Day School $37,500 $396,703 Denton County Friends of the Family $32,400 $1,469,085 Denton Co. MHMR (SIERRA Program) $9,000 $15,687,643 Denton Family Resource Center $7,650 $124,900 Fred Moore Day Nursery School $40,000 $400,842 Owsley Community School - Education $14,750 $13,000 Owsley Community School -After School Care $13,000 $25,000 Sickle Cell Disease Assoc. $4,500 $292,463 Information & Referral HelpNET $22,500 $ 50,025 Total $292,670 $22,970,395 Page 34 STRATEGIES & PROPOSED PROJECTS The City of DeNon's 2003 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed oNcomes stated in the Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities RENTAL HOUSING STRATEGIES Increase the number of units of 1)No net loss in the number of Support of DeNon renal assistance available to units of assistance available from Housing Authority and DeNon citizens. DHA. 2) Collaborative efforts Special Needs TenaN between DHA and the City of Based Rental Assistance Denton to increase available rental subsidies. Encourage the developmeN of self- Initial program objectives would Funding HOPE, Inc. and sufficiency programs that move be to move 3 to 5 households per Interfaith Ministries. households off rental subsidies, year off rental assistance or other Support of Denton public assistance programs, Housing Authority. approximately 20 households over the five-year period. Encourage and support the Rehabilitation of 4 to 5 rental units Continuation of the rehabilitation of substandard units per year. Approximately 25 units City's ReNal in the city. over the five-year period. Rehabilitation Program with Residual funds. Encourage and support the Production of 50 additional Support of Denton construction of additional affordable renal units each year, Affordable Housing affordable renal units. 250 over the five-year period. Corp., City of D eNon's Impact Fee Grant Waivers and eligible LIHTC Projects. Page 35 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Encourage and assist low-income See Homeownership strategy Funding City's renters in Denton to become Homebuyer Assistance homeowners. Program, In-fill New Construction Program and the Denton Affordable Housing Corp. - Nevada Court Project. Support of DAHC's AHOP Program and Habitat for Humanity. OWNER-OCCUPIED HOUSING STRATEGIES Educate the community regarding Attendance at classes by 10 Funding of City's Home budgeting, home maintenance, homeowners each year of the five- Improvement Program saving for major repairs and home year period for a total of 50 and Homebuyer cleaning practices, homeowners. Assistance Program. Support of the Homeownership classes Assist low and moderate-income Average of 15 emergency repairs Funding of Minor Repair households with emergency each year of the five-year period Program housing repairs and weatherization, for a total of 75 repairs. Encourage low and moderate- Average of 7 units will be brought Funding of Home income homeowners to maimain up to City of DeNon building code Improvemem Program their units up to currem City of standards on an annual basis. This DeNon code standards, will include renovated and reconstructed units. Approximately 35 loans will be provided over the five-year period HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate community regarding 150-200 households participating Support City's and homeownership opportunities and in homeownership classes each DAHC's Homeowner- responsibilities, year of the five-year period, ship classes Page 36 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Encourage homeownership among Move 60 Denton renter Funding of City's DeNon's low and moderate-income households to homeownership Homebuyer Assistance reNer households, each year of the five-year period. Program and DAHC's Affordable Housing Opportunity Program. Support of DAHC's Affordable Housing Opportunity Program Encourage and support production Construction of an average of 15 Funding of Denton of affordable units, units per year over the five-year Affordable Housing period for an estimated total of 75 Corp. - Nevada Court new units, and City's Infill New Construction Program. CONTINUUM OF CARE STRATEGIES - PREVENTION Decrease the number of persons By the third year, provide Support of Consumer evicted from renal units or education to 100% of households Credit Counseling, defaulting on mortgages, receiving housing assistance, homeownership classes and DAHC's AHOP Program. Funding City's Homebuyer Assistance Program, DAHC' s Nevada Court Project, HOPE Inc. and Homeownership classes. Support funding targeted toward Fund an additional $50,000.00 in Funding of INerfaith assistance with renal and Nility combined renal and Nility Ministries, HOPE Inc., deposits, deposits. Salvation Army, Denton County MHMR. Support the Denton Housing Funding partnerships will be Support of Denton Authority's requests for increased developed with the local housing Housing Authority subsidies and Section 8 renal authority in order to provide assistance vouchers, and increase additional subsidies and affordable the number of vouchers allocated to housing units. residents. CONTINUUM OF CARE STRATEGIES - OUTREACH Increased coordination of available Add at least 15 organizations to Funding HelpNET and services to make access to services the existing service coordination participation in the more efficient and to address gaps system. Denton County Homeless in services. Coalition. Page 37 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Insure that agencies serving Train staff from participating Funding HelpNET and homeless hh's are educated on agencies on the service participation in the available services and taking part in coordination system. Denton County Homeless the coordinated efforts. Coalition. Coordinate funding partnerships to Partnerships will be created to Participation in the better provide coordinated services increase funding by 50% for DeNon County Homeless and to foster collaborative efforts, services provided to homeless Coalition. households. CONTINUUM OF CARE STRATEGIES - INTAKE, ASSESSMENT & REFERRAL Improve intake, assessment and Add an additional 15 agencies to Funding HelpNET and referral to expedite provision of the service coordination system participation in the assistance, and provide a central repository of Denton County Homeless information for improved Coalition. coordination and intake. Improve imake, assessmem and Add an additional 15 agencies to Funding HelpNET and referral to expedite provision of the existing service coordination participation in the assistance, system and link each of these Denton County Homeless agencies with existing database. Coalition. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - EMERGENCY SHELTER Facilitate the development of Develop and open an emergency Participation in the increased shelter space for families shelter by June 2005. DeNon County Homeless and pregnam women. Coalition. Work with existing agencies and Increase assistance to families Participation in the public officials to determine needing shelter for 5 days to 30 Denton County Homeless alternative methods to assist days. Investigate bringing short- Coalition. households who have exceeded term family units to the available shelter tenure, community. Investigate an emergency shelter Determine whether a youth shelter Participation in the for youth and the legal should be created in Denton and Denton County Homeless ramifications of such a shelter, investigate funding sources, legal Coalition. barriers, and potemial providers. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - TRANSITIONAL HOUSING Increase transitional housing for Assist a minimum of 20 additional Funding of HOPE, Inc. homeless households with special families over the five years. 75% needs, of total homeless families receiving transitional housing will come from target special needs population. Page 38 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Develop affordable transitional An additional 20 transitional Support of HOPE, Inc., housing units for homeless housing units will be developed DeNon Affordable households, through the join effort. Housing Corp. and Denton County Friends of the Family CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/O SUPPORTIVE SERVICES Support and advocate for local Committee representatives will Participation in the public policies to support make at least 3 presentations per Denton County Homeless affordable housing and land year to city officials, local Coalition. acquisition, electorate and community leaders regarding affordable housing. CoNinue to develop affordable Construct or develop of an average Funding of DAHC's housing and more appropriate of 25 units per year over the five- Nevada Court Project, housing for homeless households, year period for an estimated total City's Infill New of 125 new units. Construction Program, Support of Habitat for Humanity, DeNon Housing Authority and Christian Community Action CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/SUPPORTIVE SERVICES Continue to develop permanent Create at least 15 new permanent Support of Denton supportive housing units for supportive housing units for Affordable Housing homeless households with special homeless households with special Corp., AIDS Services of needs, needs. North Texas and Denton County MHMR. CONTINUUM OF CARE STRATEGIES - SUPPORT SERVICES Continue expansion of service An additional 15 service providers Funding of HelpNET and coordination and collaboration will be added to the service participation in DeNon among providers to assist clients coordination computer network, County Homeless toward maiNaining self- including a minimum of 5 in Coalition. sufficiency. Lewisville. Page 39 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Expand affordable, quality daycare Additional childcare slots for Funding for Fred Moore for homeless households, homeless households will be Day Nursery, City available. County Day School, Friends of the Family and Denton Christian Preschool. Support of Child Care ManagemeN System Promote affordable health care and An increase in public-private Participation in the health education for uninsured and partnerships will take place. DeNon County Homeless underinsured homeless households. Coalition and Human Service Advisory Committee. Advocate for improved Denton County Homeless Participation of Denton transportation to meet the needs of Coalition will make County Homeless homeless households recommendations to public Coalition. officials for improvemeN in transportation system. LEAD-BASED PAINT STRATEGIES Educate owners/first-time 150 -200 households participating Funding of Home homebuyers on hazards and safe in the successful homeownership ImprovemeN, Minor handling of lead-based paiN. workshops each year of the five- Repair and Homebuyer year period. Assistance Programs Reduce Lead-Based Pain Hazards Average of 50 units annually will Funding of Home residential units, receive lead-based paint reduction Improvement, Minor work and clearances. Repair and Homebuyer Assistance Programs HUMAN SERVICES STRATEGIES Explore various options for the Evidence of additional child care Continue working development of additional childcare opportunities; Implementation of Human Services available to low-income voucher program or increase in Advisory Committee, households, current assistance levels; and United Way, CCMS, Number of public-private Fred Moore Day School, collaborations that take place. Denton Christian Preschool, North Central Texas Workforce Board and City County Day Nursery Page 40 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Improve health care services Number of public-private Continue working with available to low-income collaborations that take place. Human Services households, information describing Advisory Committee, effectiveness of the program in Family Health Care, Denton and Denton County United Way, CHIP Positive response from local Coalition, Healthy physicians and an increase in Communities Task Force physician providing services to and Flow Foundation Medicaid-eligible households. HSAC to work with the DeNon Not Applicable. Participation in the County Homeless Coalition to Denton County Homeless focus on programs benefiting Coalition. persons who are homeless or potentially homeless Discuss and implemem a strategy Not Applicable. Cominue working with to expand the current system of HelpNET and Human case coordination and cemralize Services Advisory information among service Committee providers including but not limited to - emergency financial services, housing services and health care. Support a growth strategy that Not Applicable. Continue working with includes human services as an the City of DeNon and essential part of the community's Human Services infrastructure. During the five-year Advisory Committee period, HSAC will recommend moving to a human services general fund set aside that is at least 1% of the total general fund budget. Continue allocation of scare Funding of AiDS Services, Denton County MHMR, Family resources to meet urgent Health Center, HOPE Inc., Interfaith Ministries, PARD: community needs as idemified ASAS/TRAC scholarships - Owsley Summer Playground through a community assessmem Program - King's Kids Day Kamp, RSVP, SPAN inc., process. Community Food Cemer, Salvation Army, Court Appoimed Special Advocates, Denton City County Day Nursery, Denton County Friends of the Family, Denton Family Resource Cemer, Fred Moore Day Nursery School, Sickle Cell Disease Assoc., Denton Christian Preschool, HelpNET, Adult Day Care of North Texas, Children's Advocacy Cemer, Owsley Community School and Riding Unlimited and Cumberland Presbyterian Children's Home. INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Page 41 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Street paving and repaving, 21,000 square yards of paving Funding of Fannin and installation of curb and gutter, and/or repaving completed. Duncan St. Repaving installation of new sidewalks and installation of 2,325 square yards Funding of Paisley, replacement sidewalks, of new sidewalks. Prairie, Bradshaw and Crawford sidewalks. Installation of water and sewer Installation of 200 feet of new Not applicable this year. lines. Connection of residential sewer and 2,000 feet of new water units to services, lines over the 5-year period. Installation of drainage Eight to ten residential properties Not applicable this year. improvements removing residential no longer designated as being in areas from floodplain, the flood plain. Rehabilitation and expansion of improvements to 2 or more public Funding of public services facilities, service facilities that enhance improvements at Denton services to low/mod clientele. City County Day School and Day Laborer's Pavilion improve and/or expand park improvements to 2 park facilities Not applicable this year. facilities including open space, by 2005. playground and other recreational facilities. Correction of deficiencies affecting Graffiti removal on the exterior of Funding of illegal the health and safety of businesses and removal of Dumping and Graffiti neighborhood residents, environmental contaminants from Abatement. dumpsites. Positive input from the community on the effectiveness of these programs. DEMOLITION STRATEGIES Continue to demolish substandard To demolish 35 structures during Funding the Demolition buildings to improve the the five-year period. Program. appearance and safety of neighborhoods. ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and expand Observe a measurable increase in Support to North Texas training and employment activities the number of poverty and low- Human Resource Group targeted to poverty and very low- income households who achieve income households, self-sufficiency. Page 42 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Expand educational opportunities Feedback indicating information Funding of HOPE Inc., for those seeking transitional was disseminated. 25-35 hh (over Demon Affordable housing or other housing support 5 years) in transitional prog Housing Corp., and services, receive counseling services. Support of Consumer Credit Counseling Encourage support of Section 3 Over the five-year period 25+ Bradshaw, Crawford, goals by local comractors, individuals hired for projects by Paisley & Prairie private comractors. Sidewalks, Demon City County Day School Project, Duncan & Fannin St. Repaves and Day Laborer's Pavilion Improvements, Encourage start-up and expansion Loan assistance to 25 Continuation of Small of micro/cottage industries microbusinesses over the five-year Business Program with supporting very low-income hhs. period, residual funds. Page 43 2003 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts 2003 Projects and Activities 1 Adult Day Care of North Texas 2. AIDS Services of NorthTexas 3. Bradshaw, Crawford & Prairie Sidewalks 4. Demon City County Day School Project 5. Duncan Repave 6. Family Health Care/Imerfaith Ministries 7. Fannin Repave 8. Improvements to Day Laborer's Pavilion 9. Interfaith Ministries 10. Nevada Court Project 11. Paisley Sidewalk 12. PARD: Kings Kids Day Camp 13. PARD: Owsley Summer Playground 14. Salvation Army Communi _ty-Wide Activities CDBG and HOME Administration Home Improvement Program Homebuyer Assistance Program HOPE, Inc. Interfaith Ministries Minor Repair Program PARD: ASAS Scholarships Page 44 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM FORMS OF INVESTMENT The City of DeNon, through the Homebuyers Assistance (HAP) will provide subsidies to low- income homebuyers. Under each program the maximum HOME subsidy will be $14,900. This amount includes all investment that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. The borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the even the borrower complies with the terms of the promissory note, deed of trust, and the HAP Program, the City of Denton agrees to release the maker of the note from paymeN of the loan. Upon the borrower's failure to carry oN the agreemeN and program requiremeNs the eNire amouN of the loan will be due and payable in full immediately from net proceeds*. Recaptured funds from the HAP Program will be used to assist other first-time homebuyers. Funding agreemeNs and/or coNracts with community housing developmeN corporations and/or subrecipieNs will include a requiremeN that the organization comply with HOME regulations in regard to coNinued affordability of assisted units. There are no other forms ofinvestmeN that are not described in §92.205(b) by the City of DeNon. *Net proceeds - defined as the sale price minus loan repaymeN and closing costs. HOME TENANT BASED RENTAL ASSISTANCE The City o£ DeNon's TenaN-Based ReNal Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. According to the 2000 Consolidated Plan for Housing and Community Development, 54% ofreNers are very low income. The Plan also states that there are 491 very low-income households on waiting lists for Section 8 subsidies or subsidized housing units. The elderly population in DeNon has increased by 29% since 1980. AboN 40% of the elderly in DeNon are reNers. More than 65% have incomes at or below 50% of the area median income. Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low-income elderly. Support services, designed to allow the elderly to remain independeN, are needed as a supplement to the housing assistance. Information provided by citizens at a December 1997 public hearing indicated a need for renal assistance targeted to persons with disabilities. Citizens noted that there was no assistance available and that the waiting list for Section 8 assistance was extremely long. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable renal housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of DeNon to adopt a TenaN Selection Policy. This policy will be used to determine Page 45 appropriate participaNs under the City's TenaN-Based ReNal Assistance program. TBRA is an esseNial elemeN of DeNon's Consolidated Plan and will serve to expand the supply of affordable, deceN, safe and sanitary housing for very low-income households. MONITORING STANDARDS AND PROCEDURES The City of DeNon will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishmeNs. Based on the comparison the City of DeNon will consider making changes or updates to the 5-year Consolidated Plan. The City of DeNon provides CDBG, HOME and General funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishmeNs. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of clieN files, financial and accouNing records, and procuremeN procedures. Independent audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the DeNon Affordable Housing Corporation, a certified CHDO. The City's Community DevelopmeN Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried oN by the City are monitored daily. Staff maiNains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maiNains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maiNains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishmeNs is also required from all City programs and projects. PUBLIC HOUSING IMPROVEMENTS The City of DeNon has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of DeNon has no public housing units. However, City staff will coNinue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipieNs with their Nility bills. No resideN initiatives strategies were included in the Consolidated Plan. Page 46 INSTITUTIONAL STRUCTURE The City of Denton's 2000 - 2005 Action Plan notes four "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. More effective coordination among Continuum of Care agencies. Community Development will continue to work closely with the Denton County Homeless Coalition. DCHC was formed through the effort to create a joint Continuum of Care plan for the cities of Denton and Lewisville. The DCHC has established a "Steering Committee" to facilitate planning and implementation of homeless and homeless prevention services. Five local agencies collaborated on an Emergency Shelter Grant Program application to the State. Approximately $116,000 in funding was awarded by the State. This was a 100% increase over prior year funding. Denton County Mental Health Mental Retardation also received approximately $700,000 in Supportive Housing funds under the Continuum of Care NOFA. 2. Initiation of advocacy efforts and strategic planning by housing providers. Local housing providers continue to work together in an attempt to develop a single housing advocacy group for the Denton community. HelpNET has agreed to take on the "stafF' position for the group in an attempt to provide some continuity. University of North Texas staff is participating in the advocacy group along with local realtors, lenders, the Denton Housing Authority, the City of Denton, Denton Affordable Housing Corporation, HOPE, Inc. and other housing professionals. Lack of Involvement by private developers and builders in the affordable housing production system. Denton has seen an improvement in the participation by private developers and builders in affordable housing production. More builders participate in the bidding process. The Community Development Division continues to attend local quarterly and monthly builder' s meetings to bring awareness of affordable housing programs to the builders and to solicit their participation. Lack of experience by private contractors in lead hazard reduction and lack of funding to complete projects. The Community Development Division provides reimbursement of training fees to participating contractors who become certified to complete interim control or abatement projects. Funding is also available to offset liability insurance cost increases when certified contractors add hazard material riders to their General Liability insurance coverage. The City of Denton is a partner agency with the City of Fort Worth in a lead hazard control program. Fort Worth is also providing funding to contractors to become certified in lead hazards, which will provide additional trained firms to this area. Page 47 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ora controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation ora criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Page 48 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdictioffs knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph (n) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with Plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature of Authorizing Official Date Denton City Manager Title of Authorized Official Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements o1'24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570.) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Page 49 Use of Funds -- It has complied with the following criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities that benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2003 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low- income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination Laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR § 570.608; Compliance with Laws -- It will comply with applicable laws. Signature of Authorizing Official Date Denton City Manager Title of Authorized Official Page 50 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. Signature of Authorizing Official Date Denton City Manager Title of Authorized Official APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. For grantees other than individuals, Alternate I applies. (This is the information to which jurisdictions certify). 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Page 51 Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles ora mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph five). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Community Development Office, 100 West Oak, Suite 208, Denton City and County Texas 76201 Check __ if there are workplaces on file that are not identified here; The certification with regard to the drug-free workplace required by 24 CFR part 24, subpart F. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Page 52 Community Development Public Hearing December 2, 2002 American Legion Hall Community Development Advisory Committee Members Present: Peggy Fox, Harry Bell, Edward Touraine and Will Taylor Human Services Advisory Committee Members Present: Lovie Price Community Development Staff Present: Nancy Baker, Anita Ferguson, Wendy Nalls, and Barbara Ross Participants: Catherine Bell Leslie Buckhanan Louis Clay Sandra Cross Willie Garrett Shirley Mann Pearl May Redford Peternia Washington Lucille Bruce Lillie Clark Ruby Cole Audra Curry Betty Kimble Ruby Mister Billy Redmon Harold Williams Gracy Buckhanan John Clay Jimmy Cross Loraine Fowler Sherri McDade Carolyn Phillips Will Taylor Bettye L. Wilson Barbara Ross opened the hearing and introduced the committee members and staff. Ms Ross also introduced Council Member Raymond Redmon and Pam Rambo-Estill from the City Manager's Office. Ms. Ross reviewed program performance for the past two years and provided the status of capital improvement projects that had not yet begun. Those in attendance discussed the Fred Moore restroom project Billy Redmon asked if the restrooms would be open 24 hours a day. Ms. Ross indicated that she thought they would be closed at night. They also discussed whether the existing restroom building would be demolished. Ms. Ross stated she thought it would be demolished. Council member Redmon indicated that he thought it would remain and would be used for storage. Ms. Ross added that she would check with the Parks and Recreation Department and Facilities Management to get the answers to these questions. Attendees divided into four groups and discussed community needs. The following are comments from each group. Group A Facilitator - Nancy Baker Carolyn Phillips: · Street repaving on Duncan Street stopped before reaching the neighborhood housing. She stated she would like to see the paving on Duncan Street be picked up where it left off and complete it up to Morse Street · Make sure that funding given to outside agencies (DAHC & HOPE were mentioned) is serving their target populations by collecting their data and by monitoring agencies to include Page 53 beneficiary information. · Cominue with adult type education like the budgeting classes and homebuyer assistance workshops. Also maybe have similar training for SE Demon teens that are graduating from high school. · Preservation of the neighborhood. · Summer programs designed to serve older youth programs maybe at MLK or Fred Moore. Shirley Mann: · Preservation of the neighborhood. · Need more affordable rems in SE Demon area. Lucille Bruce: · Finish paving on Morse Street and Duncan Street. · Install speed humps on Morse Street to slow down speeding traffic. · Repair street light that is burned out at Bell and Robertson Streets intersection Harold Williams: Would like to see that some funds go to help families that don't meet rehab program income requiremems (or that may have some debt problems). Other Group Commems: This group expressed now that the floodplain designation was removed from much of SE Denton area, that a potential for owners to sell and not care what happened to the neighborhood was high and they wanted to express that it is important to them that the neighborhoods be preserved. Group B Facilitator - Anita Ferguson Raymond Redmon: · After school programs and daycare are priorities. · Fred Moore Park needs additional parking. · Fence around South Oakwood Cemetery · Curb and gutter on Prairie Street east of Rails to Trail · Sidewalk on Prairie from Bradshaw to Locust Street · Extension of Industrial to Mr. Stansberry's house · Child day care money for businesses and religious faith-based institutions · After school programs for kids in target area · Money allocated for a feasibility study for MLK Boulevard · Sidewalk down Kerley Street from Duncan/Reed/McDonald · Creation of neighborhood empowermem zone · Restrooms at Phoenix Park Catherine Bell: Daycare that opens early morning and closes late in the day. Also overnight daycare for night shift workers. Audra Curry and Catherine Bell: Page 54 · Sidewalks · Extend Fred Moore Park onto land east of park on Bradshaw · Cemetery needs fence on other side · Affordable housing should be scattered throughom the city. Not all in southeast Demon. Southridge and other neighborhoods should be included. · Boys and Girls Club should cominue to receive funding. There should be more affordable after school programs. · Funding should be increased for childcare. · #1 priority childcare - need tutoring programs. · Finish paving on Wilson Street and parts of Hill Street. Group C Facilitator - Barbara Ross Billy Redmon: · Stated that sidewalks are needed along Lakey Street and on Morse St. Sidewalks are also needed up Prairie St. to Carroll in order to link SE Denton to downtown. He noted that many people from SE Denton walk to the downtown area. · Gravel driveways that open to paved streets often have the gravel washed away by water flow. He suggested that the City might want to pave these driveways at least four feet in. · The community needed to work more with private emerprise to develop affordable housing. · No income cap to the assistance provided to owners of low to moderate-income rental property. · The money is currently going only to non-profits and that private enterprise should be included. · The creek that runs behind Bradshaw and Rose and then to McKinney is eroding and needs some work. · Needs to be a way to assist the "down and om" in the community - those that have no way to get or maintain their own housing. Ruby Mister, Chief Execmive Officer of the Demon Housing Authority and Sherri McDade, Deputy Director: Discussed the proposed new housing construction near the Phoenix apartments. They are looking for funding for infrastructure - sidewalks, lighting, streets and drainage to assist with development costs. Ms. Mister indicated that DHA has 1500 households on their waiting list for housing assistance. They discussed using a lease-purchase option for households to transition them imo homeownership. Ms. Mister added that services would be available to these households. Gracie Buchanan: · Supports funding for low to moderate-income housing with emphasis on housing rehabilitation. · Needs to be more affordable housing built in the area. (Ms. Willie Garrett also supported this statement. · There are those that fall through the cracks - they make too much to get Section 8 assistance and yet too little to afford adequate housing. Ms. Mister commented that the type of program DHA is proposing would serve that population. Page 55 Council member Raymond Redmon memioned the City's earlier new construction program and the two units built on Robertson Street. Group D Facilitator - Wendy Nails Sandra and Jimmy Cross: · Drainage ditch on McKinney encompassing the creek, Bradshaw, and Rose St. needs to be cleaned and repaired. It is curremly leaking raw sewage and presems a health hazard · The bridge on Lehrman St. from Bradshaw to Rose is in need of repair. · Public Park located at North Crawford & Davis Street to include children's playground equipmem and Spanish/English language signs. · Information in the Community Developmem Newsletter should be available to more citizens. Loraine Fowler: · Sidewalk installation on South Crawford Street from McKinney · Bus Shelter for the Span bus services at Sycamore and Bradshaw · Guard rails and warning signs on the curve of South Crawford in the 300 block. There has been damage to private property. Petrina Washington: · Pocket Park on the comer of North Wood and McKinney to include benches and decorative lighting as an entrance to the SE Denton neighborhood · Community Developmem Division Micro Emerprise Loan program could be improved by simplified forms and increased hands on training and information through the application process. · DeNon Affordable Housing serves a small number of people and is not sufficiem for the community needs. · The community needs to increase available jobs and job training resources in conjunction with affordable housing for a viable solmion to the affordable housing problem Other Group Commems: · Sidewalk installation on the emire length of Kerley. School Bus services drop off children on this street. · Sidewalks on Lakey from Duncan street due to the increased number of children using the street as a thoroughfare to the bus stop · Sidewalk at Lakey and Wilson due to the number of children using the imersection · Sidewalk on Paisley street from Frame · Sidewalk on Bradshaw All participants reconvened into a single group. Each group facilitator reported on the comments and priorities discussed by their group. Barbara Ross asked for any additional commems. Some participams indicated that childcare and affordable housing should be the priorities. Catherine Bell stated that daycare, after school care and some type of overnight childcare for those individuals Page 56 who work at night is needed. Ms. Phillips stated that all programs should be accessible to everyone. Mr. Redmon restated his concern about households that can't afford to live in standard housing. He mentioned the elderly on SSI as a group that needs assistance. Attendees discussed the idea of other family members taking responsibility for a rehabilitated unit rather than the elderly resident. Raymond Redmon stated that he would like for Ms. Ross to look into Denton's ability to set up an empowerment zone. Ms. Mister stated that even with an Enterprise Community designation the City would get more points when applying for grants. Ms. Ross stated that staff previously looked at Denton' s potential to receive a designation. It did not appear that the US Department of Housing and Urban Development was providing much in the way of incentives. She added that when all the 2000 Census data was available that staff would take another look. Mr. Redmon indicated that he wanted the neighborhood set up as an empowerment zone regardless of a HUD designation. He stated this would funnel more funding into the area. Other potential projects were: · Wilson and Hill repaving · Curb and gutter on Prairie · Gas line to Wye St. - one household has no gas · Better job training programs Comments from the surveys: · The micro lending program needs revamping. · Because of the changes in the school bus stops there is a need for a sidewalk on Kerley Street. · The use of vacant property toward building of homes for single-family living. · Need more funding for new construction in SE Denton. Money should go to nonprofits not for profit. The City should not "build" houses but provide $'s to agencies (N-profit). · Provide funding to DHA to replace Phoenix Apartments. · Additional childcare. Page 57 Community Development Public Hearing December 9, 2002 American Legion Hall Community Developmem Advisory Committee Members Present: Ed Touraine Community Developmem Staff Presem: Gordon Meredith, Alma Espino and Luisa Rodriguez-Garcia Participants: Ambrocio Soto Reginald Logan Ramon Robles Domingo Perez Raymond Redmon Charles Alexander Luisa Rodriguez-Garcia welcomed everyone to the public hearing and imroduced the Ed Touraine, Chairperson for the CDAC committee and staff. All the information provided at the public hearing was provided in Spanish and English. Attendees divided imo two groups and discussed community needs. The following are commems from each group. Group A Facilitator - Luisa Rodriguez-Garcia and Gordon Meredith Ms. Rodriguez-Garcia reviewed program performance for the past two years and provided the status of capital improvement projects that had not yet begun. Mr. Logan asked how Sanger could request CDBG funds. Luisa Rodriguez-Garcia stated that Sanger would probably have to request funds from the State of Texas because of its population size. The group discussed the purpose and use of CD funding. Ms. Rodriguez-Garcia also reviewed with the group the eligibility requiremems for a public improvemem project versus housing and human services program. Reginald Logan: · Can CD funds be used on mobile homes for repairs? Gordon Meredith provided information on the Minor Repair Program and stated that mobile homes within the city of DeNon were eligible for assistance. Charles Alexander: · Sidewalks on Wilson and Lakey. · Speed bumps on Kerley. · Support of MLK Therapeutic Program · Payphone at American Legion Hall. Council member Redmon memioned that when the American Legion Hall was renovated, the existing phones were removed at the request of the neighborhood. Page 5 8 Raymond Redmond: · Sidewalks in Southeast Denton are an important need. · Curbs and gutters on Prairie Street in SE Denton. · Support funding for Boys and Girls Club at Fred Moore for daycare and after school care. · Support for faith based institutions in SE Denton for daycares. · Beautification of SE Denton. · Need an avenue or referral system for people that are barely making it financially. · Support the use of CDBG funds for distress neighborhoods to raise the standard of living. Group B Facilitator - Alma Espino Alma Espino reviewed program performance for the past two years and provided the status of capital improvement projects that had not yet begun. Domingo Perez: · Programs to educate on understanding medical bills. For example: He prepaid the hospital for his delivery of his child, yet he is still being billed. He would like to be further educated to understand. His insurance covered a portion and he prepaid the remainder. · Need for a speed hump on Peak Street near 1022 Peak. He added that cars are constantly racing other cars on the street. His son was almost run over the other day. He also added the need for more police in the area not only to help with the speeding cars, bM with a problem house where parties are constantly held. · Need for GED classes in Spanish. He added that he is working to obtain his GED to qualify to work for the City of DeMon. Ramon · · Robles: Need for a recreation ceMer for Hispanics. Need for a speed hump on Kerley. He added that a speeding car had run over a person just receMly. CD Staff meMioned that this project has previously been looked, bM that the Fire Department felt it would only increase the EMS and Fire response time. · Concerned and asked if we had any information regarding obtaining help for citizenship for children who have been here almost all their lives. For example there is an 11th grader who has been here since he was three. The family has obtained residency states for the father and is working on the mother and does not have the resources to pay for the child at this time. He is concerned with this child's coMinuing education. · Would like a park for Hispanics. He added that he waMed a place where they wouldn't be run off from like North Lakes. A place where the police would not harass people. A place to have tournaments of soccer. · Mr. Robles stated that he had problems renting the Civic Center and the park. He stated that Ken Washington has been helpful. He and over 200 people from San Rafael, Mexico, who live in the area, have formed a Foundation of San Rafael to help oM their hometown. They hope to have a fair, something like Cinco de Mayo, to celebrate an importaM holiday from their town. The group feels that they have not been welcomed or treated fairly. · Concerns regarding the drainage ditch along the Minor Circle addition, next to 1011 Minor Page 59 Circle. People in the surrounding neighborhoods park their vehicles in the circle and use the ditch to the house to get to the other neighborhoods. This happens at all hours of the day and sometimes the automobiles make it hard to get in and out of the Minor Circle Neighborhood. He would like it if the City would look into closing the area or providing a barrier so it will not be used as a walkway. Other Comments: Mr. Perez and Mr. Robles stated that they would like to see a place that would provide information on Life insurance. They don't understand the process. Mr. Soto added that he needed help because he only had a Life insurance policy that would pay if he died in an accident. Page 60 Community Development 30-day Comment Period from 3/31/03 through 4/29/03 Any comments received during the comment period will be included in this section. Page 61 Official Minutes Community DevelopmeN Advisory Committee February 5, 2003 at 3:00 p.m. Economic Development Conference Room Members PreseN: Members AbseN: Staff Present: Pat Colonna, Sondra Ferstl, Hank Dickenson, Edward Touraine, Will Taylor, Harry Bell and Barbara Stinnett. Peggy Fox Barbara Ross and Luisa Rodriguez-Garcia Edward Touraine, Chairperson, called the meeting to order at 3:03 p.m. Pat Colonna made a motion to approve the minutes for the December 4, 2002 meeting with two corrections. Hank Dickenson seconded the motion. The minutes were approved unanimously. Luisa Rodriguez-Garcia provided the committee with minutes from the English and Spanish public hearings. Ed Touraine requested that his name be added to the minutes of the December 2nd public hearing since he attended. Will Taylor also requested the same. Ms. Rodriguez-Garcia also provided the committee with last year's funding questionnaire. The questionnaire ranked each project from 1 to 5 with 1 being "not a priority" and 5 being a "top priority". Luisa Rodriguez-Garcia stated that they could coNinue using the same questionnaire or a new one could be developed. Edward Touraine indicated that the same form could be used. The committee agreed. Barbara Ross provided the committee with an explanation on conflict of iNerest. Ms. Ross asked the committee members to let staff know if they had a possible conflict of iNerest, especially if the member was on the board of an agency that was requesting funds, such as PC Donations and DeNon Affordable Housing Corporation. She also meNioned that another possible conflict could be if a committee member had a financial iNerest in one of the programs curreNly funded. For example if a committee member was a realtor that helped people buy houses and they accessed the HAP program for assistance. The committee discussed setting dates for funding hearings. Luisa Rodriguez-Garcia meNioned that the committee had 11 funding requests. The committee agreed to schedule the funding hearings on Tuesday on February 11th, 18th, 25th and a meeting to schedule funding recommendations on March 4th from 1:00 to 3:00 p.m. The committee also agreed to provide each agency 15 minutes with 5 minutes for a short presentation and 10 minutes for questions. Ms. Luisa Rodriguez-Garcia reported to the committee an estimated $556,000 in HOME funds would be available to allocate to applications this year. However, based on eligible HOME applications submitted, not all the HOME funds will be allocated. A balance of $171,000 would remain in HOME funds. Ms. Luisa Rodriguez-Garcia asked the committee if they waned to consider a new construction application. The committee agreed. Barbara Ross provided a brief explanation of the Page 62 Infill New Construction Application. The program uses vacaN lots that are either purchased or owned by the City and builds an affordable home for a first-time homebuyer. This program would be the same as the program that previously built four homes, two on Windsor and two on Robertson Street. Ms. Colonna asked if the houses being built would be similar to those in the neighborhood. Barbara Ross explained that the City of DeNon has a list of 36 vacaN lots that have delinqueN taxes and the City would try to take possession of the lots. Many of the lots are in Southeast DeNon. The City of Denton would meet with the residences of Southeast Denton and ask for input on the type of houses that are needed in the neighborhood. The City of DeNon received many complains the new home built on Robertson Street that were 2 and 3 bedrooms and bricked. This would be the same type of homes that are built under the Infill New Construction Program. Ms. Colonna mentioned that new construction of affordable housing was a need meNioned at the receN Community DevelopmeN public hearing. Barbara Stinnett asked if the homebuyer would receive a loan from the City of DeNon. Ms. Luisa Rodriguez-Garcia responded that the prospective homebuyer would need to qualify for a mortgage loan from a traditional mortgage company and that down paymeN and closing assistance would be available for eligible homebuyers from the Homebuyer Assistance Program. Barbara Ross provided information on the process. She stated that the City of DeNon would build the homes and then sell them to first-time homebuyers and the proceeds from the sale of the homes would coNinue to build additional homes. Ms. Ross indicated that the previously funded program was turned over to the Denton Affordable Housing Corporation. Ms. Rodriguez-Garcia mentioned that affordable housing is a great need in DeNon and that the more agencies involve in affordable housing the better to help meet the need. She also meNioned that that the Infill New Construction Application will be provided to them at the next meeting. Edward Touraine asked the member if they needed additional information from the applicaNs before the funding presentations. Mr. Touraine requested a costs breakdown from Denton City County Day School for their request. Barbara Stinnett asked about the non-profit status for PC Donations. Luisa Rodriguez-Garcia responded that according to PC Donations they have applied for the non-profit status from the State of Texas, but they have not received approval yet. Barbara Ross stated that the City of Denton received a TIF grant from the State of Texas to fund computers for the North Branch Library, MLK Recreation Center and the Denia Recreation Center. Funding would also provide laptops for a mobile teaching unit. Ms. Rodriguez-Garcia stated that the Mulkey Street Repave was ineligible for CDBG funds because it did not meet the minimum perceNage of low moderate-income households in the block group. Mr. Touraine asked the committee to coNact staff with any additional information needed on the applications. Ms. Rodriguez-Garcia provided the committee with HUD's Annual AssessmeN of the City of DeNon. The committee congratulated the Community DevelopmeN staff for a job well done. The meeting was adjourned at 4:05 p.m. Page 63 Official Minutes Community DevelopmeM Advisory Committee February 11, 2003 at 3:00 p.m. Wells Fargo Bank Board Room Members PreseM: Members AbseM: Staff Present: Pat Colonna, Sondra Ferstl, Hank Dickenson, Edward Touraine, Will Taylor, Peggy Fox, Harry Bell and Barbara Stinnett. None Barbara Ross and Luisa Rodriguez-Garcia Edward Touraine, Chairperson, called the meeting to order at 3:02. The following are funding presentation to the committee. Each agency or department received five minutes for a presentation and ten minutes for questions and answers. Denton City County Day School Improvements Carolyn Berry, Director of the DeMon City County Day School, iMroduced herself and Bob Tickner, a board member. Mr. Tickner stated that they were very appreciative of how CDBG had assisted them over the years. Mr. Tickner stated that Denton City County Day School is on Paisley Street and had been in business since the 1950's. The school provides affordable day care to families that might be able to afford it. Over the years, they have tried to upgrade the school. The funding they have received over the years from CDBG has assisted them in doing just that. The school would like to coMinue to move forward and coMinue to make program and facility improvemeMs and they are looking forward to the opportunity to construct an Activity CeMer on the site. The facility would allow the teacher to take the kids oMside of the classroom to a sheltered area regardless of the weather and the kids can get involved in more activities than they are able to do right now inside the classroom. According to Mr. Tickner, they feel that they can construct the Activity Center with donations and private funds. The project will require them to plat the property and meet the new developmeM code. DeMon City County Day School will be required to complete public improvemeMs to the site such as installation of sidewalk across the property and any substandard driveway accesses and fire lanes are required to be upgraded at the same time. According to Mr. Tickner CDBG funds are being requested for the public improvemeMs costing aboM $61,000. The public improvemeMs will not just benefit the school bM also the neighborhood. The project will consists of installation of a sidewalk along the property on Paisley Street, new fire lane and drop off site in property of the school. According to Mr. Tickner, the school requires that all pareMs bring their child iMo the school every morning and sign them in and also pick them up. The project will also include paved parking for employees. Employees curreMly have to park in a gravel parking lot. Mr. Tickner provided a map showing an overview of the project site. The map illustrated to the committee the location of the sidewalk, fire lane and the employee parking. According to Mr. Tickner, since Paisley Street is on the thoroughfare plan and designated as a major collectors street, it requires an eight-foot wide sidewalk. According to Bob Tickner, the board is planning on generating the dollars for the Activity CeMer. Barbara Ross asked how soon they would generate the dollars. According to Bob Tickner, they had good start already from donations from benefactors in receM years. They hope to get started in the next six months. Mr. Tickner stated that he realized that CDBG Page 64 funds would not be available umil sometime in October so arrangemems would have to be made with the City of Denton to allow them to start construction with the understanding that CDBG funds were approved for the public improvemems. Ms. Ferstl asked if the building had already been started. Ms. Ross also asked how much money had already been committed to the project. According to Carolyn Berry, they curremly have $22,000 of $120,000 needed for the Activity Cemer, which is a good start being that they have never done a capital campaign. The Demon City County Day School Board president presented to United Way documentation stating the school was going into a capital campaign. United Way has approved their capital campaign plan. Barbara Stinnett asked if the Activity Cemer was a big open 30 x 40 building. Bob Tickner agreed and responded that the Activity Cemer would also have a small restroom and storage capacity for games. He also stated that the building would be similar to what is available at most elememaries. According to Carolyn Berry, they are currently working with Nelson Architects to develop plans where they can construct the center in phases as funds are available. Bob Tickner stated that the first phase of the cemer would be a good solid building that would meet all City standards. The Activity Cemer would also have garage doors that would be opened on nice days. However, the building would be set up with the idea that heat and air conditioner would be added later. Edward Touraine asked if the driveway itself would be 40-feet wide. He poimed out that if you have a 40-foot wide driveway plus 8-foot wide sidewalks the two trees on the property will be need to be removed. Mr. Tickner responded that landscape would need to be added to the project since the new code requires a tree every 30 feet. He also stated that the drive way would not be 40-foot as it comes offthe approach but it will be at the from of the building. Barbara Ross asked Carolyn Berry if there were other daycares that had similar Activity Cemers. Ms. Berry responded that this type of building is seen more in for-profit daycares. She also stated that a daycare on Swisher Road and TWU Pioneer School both have Activity Cemers. Ms. Ross asked why the school was not adding to the existing daycare building. Mr. Tickner responded that they would love to add to the exiting building, but building codes would require a 20-foot separation or they would have to bring the existing day care up to city code. The additional space would also require the installation of a sprinkler system. Ms. Ferstl asked Mr. Tickner to provide a dollar figure on the various items for the project. Mr. Tickner passed out estimates for each of the componems of the project. 8-foot sidewalk $ 8,450.00 Fire Lane/Drop offparking $37,287.50 Employee Parking $15,606.00 According to Mr. Tickner these figures are estimates and the actual figures will be determined when the project is bid out. He also stated that the City of Demon would probably not gram a building permit on the Activity Center until the public improvements were completed. Denton City County Day School could also ask for a variance but City staff has indicated that there is no basis for approving this type of variance. Barbara Stinnet asked if CDBG funds are being requested for the platting. Mr. Tickner responded that agency would be paying for the platting and that CDBG funds are only being requested for the items that are strictly public improvemems. Mr. Harry Bell asked when the agency was planning on starting the building. Mr. Tickner responded that hopefully later this summer. Mr. Bell asked how the agency would handle it if the prices were up. Mr. Ticker responded that they would have to adjust the project. Ms. Ross stated that normally the agency would have to come up with the difference. Mr. Tickner thanked the committee for the opportunity to come and present. Page 65 Improvements to Day Laborer's Pavilion Jon Fortune, Assistam City Manager for Public Safety and Transportation for the City of Demon, introduced himself and Pamela Rambo-Estill, Assistant to the City Manager. Ms. Rambo-Estill stated that the request was from Public Safety, Engineering and Parks Maimenance to do public improvements at the Day Laborer's site which is located at 221 W. Collins. According to Ms. Rambo- Estill the project consists of making improvemems that will increase the health and public safety of the community. The application includes a list of improvemems that have been prioritized based on health and safety of the site users and the community. The top health priority is replacing the water foundation, so that the site users and potential employees can have access to water year round, which is a critical necessity. The top safety priority based on commems received by the community and recommendations by the Police Department is a perimeter fence. The potential for either a vehicle- pedestrian or a vehicle-vehicle accidem is prevalem because the laborers congregate so close to the street. Ms. Rambo-Estill reported that this site has been granted matching funds of $10,000 from the Neighborhood Empowermem Program. This is a good opportunity to use those matching funds. Mr. Fortune introduced Officer Fleming the South Area Coordinator for the Police Department. According to Mr. Fortune, Officer Fleming has experience with this area and can answer questions. He also stated that an officer is also stationed at the site every morning for two or three hours to keep people out of the streets. Edward Touraine asked that since the fence would be installed with a setback and shrubs will be plamed later, what would keep the day laborers from standing in from of the fence and in the road. Officer Fleming responded that the shear number of laborers would not allow them to stand in between the fence and the road. Barbara Stinnet asked about the placemem of the fence. She was concerned about the potemial danger for the day laborers. Ms. Rambo-Estill responded that the fence would be along the curve at Fort Worth around to the drive way and also on the other side of Myrtle along the drainage ditch. Mr. Touraine asked if the fence would be ora spiral type as referenced in the pictures provided in the application. According to Ms. Rambo-Estill, the Police Department recommended that a fence with a pointed top would be most effective. Mr. Touraine stated that he was concerned that the fence would be only four feet and that would be easy for the day laborers to jump and have a potemial for accidems. Ms. Ferstl asked about the rip rap pavers. Mr. Fortune stated that the pavers are similar to pavers in the median of the road made of brick. According to John Fortune, they are asking for $22,623 and the total to do all three parts is $33,623. The $22,623 would allow them to leverage the additional $10,000 for Neighborhood Empowerment Funds. Mr. Touraine asked if it would be more cost effective to use concrete instead of the paving stones. According to Ms. Rambo-Estill, paving stones are recommended because it would be easier to access the storm sewer with the paving stones than with concrete. Ms. Ross asked if city employees would be installing the pavers. According to Ms. Rambo-Estill, a comractor would be hired for the project. Ms. Rambo-Estill also stated that they have verbal commitmem from the Parks Department to complete the fencing and the water fountain if funding was not approved. Ms. Stinnet asked who would be installing the landscaping and maimaining it. According to Ms. Rambo-Estill, LULAC has offered to install landscaping as a service project and the second phase of the project includes repair of the sprinkler system. The committee discussed the need for a sprinkler system at the site. Jon Fortune provided the committee a history on the project. According to Mr. Fortune the City of Denton has never been responsible for maintaining the site until recently. The Denton Humanitarian Association was established when the site was built to provide the ongoing maintenance for the facility. According to Mr. Fortune the association had a difficult time with the maimenance of the site. In September the City of Demon received a letter from the association stating the project was being turned over to the City of Demon. Ms. Ferstl asked about the match from the Neighborhood Page 66 Empowermem Program. Ms. Rambo-Estill responded that the match is a 1 to 1 match. Ms. Luisa Rodriguez-Garcia asked if other sites had been considered for a day laborer site. She was concerned about the site because of its proximity to high trafficked street. According to Jon Fortune, this site was chosen because of its close proximity to where the day laborers reside. Barbara Ross stated that there had been some discussion about charging a fee to the type of comractors that would use the day laborers as a users fee. Jon Fortune responded that he was not aware about any plans to implemem a user fee. Denton Affordable Housing Corporation Sheila Gianniny, Deputy Director, imroduced herself. Ms. Gianniny memioned that DeNon Affordable Housing Corporation (DAHC) had two aspects to its business - providing rental properties to the special needs population and assistance to low to moderate income families to purchase a home. DAHC has sold 112 houses in the Denton since 1995. Last year, DAHC ventured into newly constructed homes and their first built was on Brandywine Circle. Ms. Gianniny mentioned that they would like to continue offering newly constructed homes to first time homebuyers. According to Ms. Gianniny, DAHC has a parcel of land on Mockingbird Lane and Paisley of about 5.358 acres that would be perfect for building affordable homes. The house plans for this development are similar to the house on Brandywine in construction type and size with an average of $1,150 square feet. She also reported that 38% of the previous homebuyers have been at 50% of the area median income or less and 47% have been between 51% to 80% of the area median income. These are the buyers that DAHC is targeting for the new development. DAHC has historically assisted a homebuyer with down payment and closing costs using funding from the FHLB of Dallas, HOME funds and CHDO proceeds. Ms. Gianniny also mentioned that because of the infrastructure costs associated with this development and to keep the costs of the homes affordable, DAHC is applying for $156,000 in HOME funds. Barbara Stinnett asked if the 10 single-family attached were duplexes. Ms. Gianniny stated that she was correct. The duplexes have individual lots, but they share a common wall. Ms. Ferstl asked about the possibility of being granted the zoning change in order to construct 32 instead of 24 units. Ms. Gianniny responded that the objective of development plan is to build houses like what is near by. Ms. Gianniny stated that it would make sense that the zoning change would be approved. The zoning change has not been requested but would be soon. Ms. Gianniny also stated that the board of directors would be meeting with the neighborhood and providing information and hoping to get feedback on how the neighborhood feels about the project. Barbara Stinnett asked ifDAHC had conducted a neighborhood meeting. Ms. Gianniny responded that DAHC would be conducting a meeting in the next 30 to 60 days. Packets will be handed out door to door during the month of February and March. Ms. Stinnett asked ifDAHC purchased the property or was it donated. Ms. Ross responded that the property had been donated. Sheila Gianniny also stated that DAHC is in the process of purchasing a portion of the land. Edward Touraine asked if the structure at 410 Mockingbird would be demolished. Barbara Ross responded that the City's Demolition Program had demolished structures for DAHC in the past, but the structure would have to be substandard. Mr. Touraine mentioned that the structure did not look substandard. Edward Touraine asked if the project would go forward if the zoning change is not approved. Sheila Gianniny responded that DAHC would like to continue the project but if the zoning change is not approved, but the houses would probably not fall in an affordable price range. Ms. Ross noticed that the budget had $60,000 in impact fee grants. The City of Denton normally does not allocate $60,000 in one year. She asked if it would be over a three year period. Sheila Gianniny responded that it would be over two years. Ms. Ross stated that it would be difficult since this year only $20,000 was budgeted for impact fee grants. Ms. Stinnett asked about the Page 67 proposed construction date. Ms. Gianniny stated that they would like to start construction in August 2003. Luisa Rodriguez-Garcia asked if the drainage problems on the site had been addressed. According to Ms. Gianniny, the drainage problems had already been discussed with the engineers. Barbara Ross mentioned to the committee that DAHC had a neighborhood meeting in the past when the agency was moving some houses in Mockingbird area. According to Barbara Ross, several of the neighbors stated that they were aware about the new construction project on Mockingbird and did not have any problems with that project. Barbara Stinnett asked staff if DAHC is required by law to have neighborhood meetings. Barbara Ross responded no, but that it is a requirement in the contract between the City of Demon and DAHC. Homebuyer Assistance Program Luisa Rodriguez-Garcia provided a brief explanation of the Homebuyer Assistance Program. The Homebuyer Assistance Program, which was started in 1992, provides down payment, closing costs and principal reduction assistance to first time homebuyers to purchase their first home in Denton. Families that utilize this program can normally afford their mortgage paymems but they have a difficult time saving the necessary funds for the down paymem and closing costs. According to Ms. Rodriguez-Garcia, the program places a lien on the property for the amoum of assistance for 5, 10 or 15 years. If the homebuyer, sells the home before the term of the loan, the full amoum is repaid to the City of Demon. The program requires the homebuyer to take a class on how to purchase a home. The class provides information on whether they should consider buying a home, household maimenance and budgeting. Ms. Rodriguez-Garcia memioned that the Community Developmem Division is requesting fewer funds for the program than in past years. This is due to the hesitation of first-time homebuyers to buy a house during a time where they are unsure about the economy. The program has a balance that will be carried over to next year. Ms. Stinnett asked how much is normally requested. According to Luisa Rodriguez-Garcia, the Homebuyer Assistance Program normally requests about $450,000. This year's request of $135,535 plus the balance from this year will allow the program to assist a total of 55 households next year. Minor Repair Program Gordon Meredith from the Community Developmem Division imroduced himself. According to Mr. Meredith, the Minor Repair Program was first funded in 1996. Mr. Meredith provided the committee with a handout that showed the number of repairs completed since 1996. This year's request is for $41,000, which is a decrease to last year's request of $80,000. A second handout showed the number of households assisted by census tracts. According to the handout, most of the repairs were completed in census tract 212 and 20602, which is Southeast Denton and Northeast Denton. Sondra Ferstl asked if the program generated program income. Mr. Meredith responded that the assistance is in the form of a gram. Ms. Ferstl asked if some people have utilized the program more than once. Gordon Meredith responded yes. The program has had three individuals that have used the program four times since its inception and another three that have used it three times. He also mentioned that approximately a dozen have used it twice. According to Mr. Meredith, an individual might utilize the program because of a leaking water heater and then a year later they might have an uninsured loss to the roof which are unrelated repairs. Barbara Ross stated that the Community Developmem Staff have had discussions about limitations on the number of repairs. Edward Touraine asked if the program is only for owner-occupied homes. Gordon Meredith agreed and memioned that remal property is ineligible. Mr. Touraine also asked if many of the repairs are to homes that are in the floodplain. Mr. Meredith responded that there are not as many because of the drainage improvemems that were Page 68 completed in Southeast Denton. Home Improvement/Optional Reconstruction Program Alma Espino from the Community Developmem Division imroduced herself. She memioned that fewer funds were being requested this year. Ms. Espino memioned that residual funds are available from this because the process to apply for funding is a stricter. The program requires that the homeowner be able to afford the home and their other financial responsibilities. They also consider homeowner's credit history for eligibility. Homeowners that have problems with credit are given six months to participate in a program like Consumer Credit Counseling Services to develop a plan to pay off debt. Alma Espino stated that there are currently seven projects that are in the process of getting started in the next few months. The Minor Repair Program refers some of the homeowners. She also reported that the program assisted seven households last year and they are hoping for the same next year. Ms. Espino provided the committee with before and after pictures of a recent reconstruction project that included ADA features. According to Ms. Espino, a home is considered for reconstruction when it is not feasible for rehabilitation. Edward Touraine asked if all the homes have ADA features. Alma Espino responded that ADA is only considered based on the needs of the households. She also memioned that the homeowners are required to have lived in the home a minimum of five years to qualify for the program. Ms. Ferstl asked Alma Espino to verify the number of reconstruction projects that are projected to be completed. Ms. Espino responded that are hoping to reconstruct seven homes. Barbara Ross memioned to the committee that staff had applied for and was awarded a Lead Hazard Comrol Gram from HUD for $300,000. Mr. Touraine asked about the number of defaults since the inception of the program. Ms. Espino responded that the program has only had a couple in default. Ms. Stinnett asked if the monthly paymem is sometimes adjusted because on the household financial difficulty. Ms. Espino responded yes. Mr. Touraine reminded the committee about their upcoming meetings. Ms. Rodriguez-Garcia mentioned that the February 18th CDAC meeting was cancelled to a staff conflict. The next scheduled meeting is Tuesday, February 25th Pat Colonna requested pictures about the Graffiti Removal proposal. The committee agreed and also requested pictures from the Illegal Dumping proposal. The meeting was adjourned at 4:40 p.m. Page 69 Official Minutes Community Development Advisory Committee March 4, 2003 at 3:00 p.m. Wells Fargo Bank Board Room Members Present: Members Absent: Staff Present: Pat Colonna, Sondra Ferstl, Hank Dickenson, Edward Touraine, Will Taylor, Peggy Fox, Harry Bell, Sue Thomson and Barbara Stinnett. None Barbara Ross and Luisa Rodriguez-Garcia Ed Touraine called the meeting to order at 3:00 pm. He introduced Sue Thomson as a new committee member. He asked the first applicant to begin their presentation. City of Denton Engineering Department Frank Payne, Engineering Administrator, introduced himself and Rebecca Guthrie. Ms. Guthrie began the presentation by reviewing each project request. She indicated that these projects were submitted to Engineering by the community development staff and that they were in priority order. · Industrial Avenue doesn't meet City standards and needs to be paved. It will require 125 feet of paving. · Fannin Street also does not meet City standards and needs to be paved. · Paisley Street sidewalks from Frame to Bradshaw would provide a continuous sidewalk and repair deteriorated areas. School children use these sidewalks. · Prairie Street sidewalks from Bradshaw to Locust would provide pedestrian access to the downtown area. There are no sidewalks on this street. Households can use the access to downtown to pay their bills, use LINK, and school children can use them. · Wilson Street paving is needed because the street has significant deterioration. However, some of the street will be paved as part of another project. · Duncan Street also has deterioration and needs to be repaved. A portion was previously completed through the use of CDBG funds. Funds are now being requested for the rest of the street to be repaved. · Alice, Coit, Cordell, and Emery were submitted as a group. The streets are deteriorated and need to be repaved. · CDBG Sidewalk Pool consists ofBradshaw, Crawford and Kerley. There are no sidewalks in that area. There is a need for a safe walking area. · Paisley and Mulkey Street are deteriorated and don't meet City standards. These streets need to be repaved. · Wilson Street and Peak Street speed humps would be installed to slow traffic on these straight-a- ways. Engineering staff checked with the Fire Department and there would be no problem with the installation of speed humps on these streets. Ms. Guthrie did point out a mistake in the Engineering cost estimate for the Alice, Coit, etc. project. She asked if the members had any questions. Frank Payne commented that the Industrial Street project was a priority because it bordered an existing City street and it is in heavy disrepair. He added Page 70 that the street should be extended past the citizen's house. He also noted that Fannin Street was ranked high because it was in a particularly bad state of disrepair. It was also noted that the residents rated the two high priority sidewalk projects as very important. Ms. Guthrie noted that other portions of Fannin would be completed under another City project. Sondra Ferstl asked why the Industrial Street project is a priority. She noted that the project would affect only one household. Ms. Ferstl asked if the committee wasn't looking for projects that benefit a larger number of households. Ms. Ross explained that household benefit is a measure for CDBG. She noted that not all of Industrial was dedicated as a City street at this time. Ms. Ross stated that the resident on the street received a reconstruction on his housing unit and he is now requesting that the street be paved. She noted that there might be room for another unit to be constructed in the area. Mr. Payne stated that it was ranked high because it is in terrible condition and the housing unit has been reconstructed using City CDBG funds. Mr. Touraine commented that he did not understand why the house was reconstructed without the owner having proper access. Ms. Ross indicated that the owner had been using the existing substandard street for access for many years and that no one realized until they began working on the project that it was not a dedicated street and that the owner was accessing his property by driving across privately owned property. Ms. Ferstl asked why the Alice, Coit, Cordell and Emery project was grouped together and that they would need the costs per street separated out. Mr. Payne indicated where the costs were broken out. Ms. Ferstl asked what the priority was. Ms. Guthrie stated that the streets were in priority rank-order in their information. Mr. Payne indicated that there were other streets where the residents had requested repairs but that Engineering staff did not feel that repairs were needed. Ms. Ferstl asked how many of the houses on these streets were owner-occupied. Mr. Payne did not know. Ms. Ferstl asked CD staff if it would make a difference. Ms. Ross indicated that she was unsure how staff would be able to identify units as rental since property owners did not have to register units as rental. She added that on a past sewer line project, members discussed that the five or six units that would be assisted and receive sewer services were rental properties. At that time members preferred not to fund the project that appeared to benefit only owners of rental properties. However, Ms. Ross commented that these were city streets used by area residents and even though they may be renters they would still meet the low/mod benefit requirement. Ms. Rodriguez-Garcia commented that the resident that she talked with said the area residents had a neighborhood meeting and agreed that this was a concern. There were about 30 people at the meeting and they chose the gentleman she spoke with to bring the project to the attention of City staff. Ms. Rodriguez-Garcia said the caller stated that there were many more households that were interested in seeing these street repaved. Peggy Fox stated that she did not remember very much work being done in this area with CDBG. Pat Colonna stated that it is around the corner from her and that there are many homeowners in the area. Barbara Stinnett asked Mr. Payne about the delay completing the McKinney Street Sidewalk project that was funded two years ago. Mr. Payne indicated that they have experienced a reorganization and that some of the folks that were working on that project have been reassigned. It noted that it should be out for bid this spring with the contractor beginning work in the summer. Mr. Touraine asked why they didn't pick up the part of Paisley that was one block west of Ruddell. He stated it appeared to be in worse shape that the rest. Mr. Payne stated that perhaps they should have looked at that and updated the application. Mr. Touraine asked if Paisley was used as a feeder Page 71 street for City vehicles. Ms. Guthrie said yes. Mr. Touraine asked why a sidewalk was needed on Duncan from Shady Oaks to Kerley when there was a sidewalk on the west side of the street. Mr. Payne explained that the sidewalk across the street was a rails-to-trails walkway and that the school children walk on the other side of the street. Mr. Touraine asked additional questions about the sidewalks and where the children were being dropped off. Mr. Touraine stated that he felt Wilson Street did not look that bad. Ms. Ross indicated that she had received several requests for the street to be repaved. Mr. Payne indicated that this seemed to be a higher need than Duncan Street. Mr. Bell stated that on Duncan Street the work stopped at Smith Street. The portion of the street that served the residential area was not paved. Ms. Ross commented that when Ms. Guthrie says that the project came from "Community Development," that these are all citizen requests that are relayed from CD to the Engineering staff and applications are developed based on those requests. Mr. Payne indicated that Lakey Street sidewalks was also a citizen request but that it was not submitted because of the difficulty in doing that project. He stated there was very little room for sidewalks and it would take up most of the yards of the existing residents. They discussed striping the side of the street as if it were a bicycle path to give a designated pedestrian area. Demolition Program Greg Mitchell, Building Official, introduced himself. He stated that there was currently about $53,000 remaining in the program budget. Mr. Mitchell estimated that after the current set of demolitions is completed the remaining funds plus the $30,000 request would cover the program until the end of 2004. He also commented that most of the substandard structures in the City had been demolished and that in the future the list of potential demolitions would be greatly reduced. Mr. Mitchell discussed the demolition process. Ms. Fox noted that in the past, they've had difficulty finding contractors. Ms. Ross said there was no problem finding contractors but that sometimes they have problems getting the contractors to complete the demolitions to staff' s satisfaction. Mr. Dickenson asked what happens to historic properties. Do they sit as an eyesore? Mr. Mitchell said that since CDBG is the only source of funding that they could not tear them down. Mr. Dickenson asked how many structures there were like that in the community. Mr. Mitchell stated that he did not believe there were very many sitting around. Ms. Colonna thanked Mr. Mitchell for the work that has been completed in her neighborhood on substandard structures, burnouts, etc. Mr. Touraine asked if a lien was placed on these properties. Mr. Mitchell stated that a lien is placed on the property. Ms. Ross added that there have been a few lien payoffs but usually properties are abandoned. Ms. Ross also noted that if a low/mod person owns the property, no lien is filed. Ms. Stinnett asked how much had been spent over the past couple of years. Mr. Mitchell indicated Page 72 that it varies depending on whether the owner tears it down. Mr. Mitchell stated that CDBG is the only funding available for demolitions. Mr. Touraine asked why liens aren't placed on all properties. Ms. Ross stated that low and moderate- income persons have the opportunity to fill oM an application and receive the service for free. She noted that most often this would entail the demolition of a shed or some other structure near the house. Members discussed whether liens should be placed on all properties. Ms. Ross indicated that if the committee felt strongly about placing liens on all properties, staff could look at changing the program guidelines. Members coMinued to discuss the issue. Illegal Dumping Project Mike Sweet, EnvironmeMal Crimes Officer iMroduced himself. He explained the request for $20,000. He said there is no budget for cleanups. Solid Waste is a "fee for service" operation and there are no tax dollars in the budget that might allow for this type of cleanup. He noted that the Environmental Crimes Unit often has to clean these sites themselves. The dumping sites include hazardous waste and this is a health hazard for the individuals cleaning up the site. Officer Sweet noted that they are seeing more appliances like refrigerators because it costs $50 to evacuate the refrigerant in the appliance and many people can't or don't want to pay that. He pointed out several sites in the community and the public hazards that are created, including water pollMion. Officer Sweet said there would no longer be a hazardous waste collection by Keep Denton Beautiful and this will also cause more dumping of hazardous waste. He also discussed previous funding received from the North CeMral Texas Council of GovemmeMs. He noted that no more enforcemeM funding would probably be forthcoming. Mr. Touraine asked if they are charged for taking stuff to the landfill. Officer Sweet said that if he's doing an enforcemeM action that he is not charged bM if there is no enforcemeM case, they will be charged. Ms. Colonna stated that she felt most taxpayers assumed that Solid Waste would handle this situation. She commeMed that Officer Sweet should not have to beg for funding from these activities and continue to worry about where it would come from in the future. Ms. Colonna spoke about a recent train trip and her concern about the amount of trash throughout the country. Officer Sweet stated that he felt most people were not aware that Solid Waste did not handle these dumping sites. Ms. Colonna asked if Keep DeMon Beautiful could not help. Officer Sweet said they KDB does help and reviewed some of their programs bM he noted there are some things that can't be done by voluMeers or community service workers. Mr. Dickenson asked if $20,000 would really complete cleanups on all these sites. Officer Sweet indicated that he felt this would last one year. He also received funding for and education program. Spanish/English no dumping signs will be up in trouble spots. Officer Sweet is also doing some spots on cable. Ms. Ross asked if fines go iMo the enforcemeM fund. Officer Sweet indicated that they all go to the general fund. Ms. Ross stated that the committee was just discussing paymeM of demolition liens and how those come back iMo the program. She asked if this is something that could be requested for enforcemeM fines. Officer Sweet said they have asked in the past and were told no. Ms. Fox asked if they could ask for restitution. Officer Sweet said that they had not considered that. Page 73 Members continued to discuss problems with illegal dumping in the community. Officer Sweet said that he would take any funding that was available. Mr. Bell asked about tracing the garbage back to the offender. Officer Sweet discussed how they track down those who dump illegally. Mr. Taylor asked if the City should develop a program where people could dump without charge. Officer Sweet said they'd asked but it all comes down to money. He said Solid Waste doesn't have the funds to provide this. Graffiti/Bligh t A batem en t Officer Rachel Fleming introduced herself. She discussed the application for graffiti abatement. She noted that the number of graffiti incidents has increased dramatically during the current calendar year. Officer Fleming noted that most of the graffiti was occurring in low/mod areas. She stated that they have developed a database and are attempting to track the names on the graffiti and prosecute if they can find those responsible. Officer Fleming explained the "broken windows theory" to the committee. In the proposal they are asking for personnel and equipment expenditures. Personnel funds would go to pay ½ of Officer Fleming's salary. Officer Fleming discussed the various situations in which graffiti occurs. She noted that they are beginning to strictly enforce the "volatile chemical sales law" that prohibits selling spray paint to anyone under 18. She noted that there are several businesses that are not in compliance with this State law. Ms. Stinnett asked if most graffiti is gang-related. Officer Fleming stated that usually it is not related to gang activity. Most offenders are "taggers." Members discussed the graffiti in the Fry Street area. The Owsley neighborhood and other areas were noted as high graffiti areas. Ms. Colonna commented that some communities have solved this problem by giving young people an art space. She noted specifically the corner at McKenna Park. Officer Fleming stated that she has talked to a high school teacher that is interested in working on a project like that. She added, however, that when this is done on private property it is a crime. Mr. Touraine asked if Fry Street was a low/mod area. Ms. Ross indicated that it was. Ms. Stinnett asked if they worked with the Fry Street group. Officer Fleming stated that they have not. PC Donations Jenequa Evans-Eldridge introduced herself. She stated that PC Donations is a not-for-profit offering community access to personal computers. Ms. Eldridge stated that the organization needs funds to acquire property and build a facility. A contractor out of Aubrey has provided a bid for construction of a building on property currently owned by Mr. Ray Black. Mr. Touraine asked if anyone was currently in the housing unit. Ms. Eldridge said no. Mr. Touraine asked if they would renovate the house now and tear it down later. Ms. Eldridge said the building would be used to launch the summer program. Some people have looked at the house and they believe that they can do the first session there. Six people would go through the training process and get their PC's. Page 74 Mr. Touraine asked for an explanation of the program's mission. Ms. Eldridge stated that the mission is to bring PC's to low-income households. She added that in the near future, they would like to add employment assistance. She has contacted the Texas Workforce Commission and discussed this. She noted that PC Donations has their curriculum in place for the six-week program. Ms. Fox asked if this program was a duplication of existing services. Ms. Eldridge stated that she wasn't aware until recently that the City Library was implementing a computer program. She stated that they could possible work with this program. Ms Ferstl asked for some clarification on their application as to whether they were asking for funds for land or for a building. Ms. Eldridge said they were asking for funds for both. Ms. Fox asked how many people would be served pointing out that the application said 25,000. Ms. Eldridge explained that was the "potential" number of low/mod persons who could be assisted. She said they would assist six in each youth session and 12 in the adult sessions. Ms. Ross asked if the building that was rehabilitated would later be demolished? Ms. Eldridge indicated that they planned to use it for other purposes. Ms. Fox asked if they had a board. Ms. Eldridge stated that they did not yet have a local board but were working on it. They do have an organizational board with members from Mississippi and Washington DC. She indicated that they should soon have non-profit status in the State of Texas. Mr. Touraine then asked if it is correct that after six weeks of training, the individual is given a personal computer. Ms. Eldridge stated that this was correct, that each individual receives a donated computer. Mr. Bell asked if they were qualified for a job after finishing the course. Ms. Eldridge indicated that it was a basic course and that they will work on an employment program sometime in the future. Members agreed to have their final meeting to develop recommendations on March 11, 2003. The meeting was adjourned. Page 75 Unofficial Minutes Community Development Advisory Committee March 11, 2003 at 3:00 p.m. Economic Development Conference Room Members Present: Members Absent: Staff Present: Pat Colonna, Sondra Ferstl, Hank Dickenson, Edward Touraine, Will Taylor, Peggy Fox, Harry Bell, Sue Thomson and Barbara Stinnett. None Barbara Ross and Luisa Rodriguez-Garcia Ed Touraine called the meeting to order at 3:03 p.m. Ed Touraine asked for corrections on the minutes for February 5th, February 11th and March 4th' Harry Bell asked for a correction on the minutes for March 4th. The committee requested no other corrections. Sondra Ferstl made a motion to approve the minutes for the February 5th, February 11th and March 4th with one correction. Hank Dickenson seconded the motion. The minutes were approved unanimously. Luisa Rodriguez-Garcia provided the committee the results of the committee's ranking of the applications. She stated that the results were sorted from the highest to the lowest committee priorities. Members discussed their project/program rankings and agreed to use the results to help them make their funding recommendations. The committee agreed to start from the top priorities and work their way down until funds were exhausted. The following are the ranking results with "5" being the highest priority and "1" not being a priority: Homebuyer Assistance Program 4.89 Illegal Dumping Project 4.78 Home Improvement Program 4.67 DCCDN Improvements 4.00 Demolition Program 3.89 Prairie St. Sidewalk 3.78 Graffiti/Blight Abatement 3.78 Nevada Court Project 3.67 Minor Repair Program 3.44 Paisley St. Sidewalk 3.44 Misc. CDBG Sidewalks 3.33 Fannin St. Repaving 3.22 Paisley St. Repaving 3.22 Duncan St. Repaving 3.11 Day Laborer's Pavilion 3.00 Alice, Coit, Cordell & Emery Repave 3.00 Wilson St. Repaving 2.78 Wilson St. Speed Humps 2.67 Peak St. Speed Humps 2.67 Industrial St. Rebuild 2.33 P.C. Building Project 2.00 The committee decided to allocate the HOME funding first. The committee agreed to fund the Homebuyer Assistance Program for $136,535. Luisa Rodriguez- Garcia stated that the Homebuyer Assistance application requested a minimum of $39,000 for administration expenses from CDBG and the balance from either CDBG or HOME. Page 76 The committee agreed to fund fully fund the Home Improvemem Program for $257,568. Luisa Rodriguez-Garcia stated that the Home Improvement Program application requested a minimum of $99,765 for administration expenses from CDBG and the balance from either CDBG or HOME. The committee discussed the Nevada Court Application, the next eligible HOME application. Luisa Rodriguez-Garcia mentioned to the committee that 15% of the HOME grant is required to be set-aside for a qualified Community Housing Developmem Organization. The Nevada Court Application is the only application from a certified CHDO. The committee agreed to fully fund the Nevada Court Project for $156,000. Ms. Rodriguez-Garcia reviewed the HOME funding recommendations thus far. If the Homebuyer Assistance Program, Home Improvemem Program and the Nevada Court Project are fully funded the HOME gram balance is $178,942. The committee agreed to consider the In-fill New Construction Application since a balance of HOME funds remained. Barbara Ross provided a brief explanation of the Infill New Construction Application. The program uses vacam lots that are either purchased or owned by the City and builds an affordable home for a first-time homebuyer. Peggy Fox mentioned that this was the type of program that the Southeast Neighborhood wanted to see more of. The committee agreed to provide the remaining funds of $178,942 to the In-fill New Construction Program. The committee discussed funding the Illegal Dumping application with CDBG funds. Ms. Rodriguez- Garcia stated that according to HUD officials that this project would be eligible for CDBG funds if environmemal comaminams were being removed from sites within the city of Demon. She also stated that according to Officer Mike Sweet about 95% of the sites would meet that requirement. The committee agreed to fully fund the Illegal Dumping Program. Pat Colonna asked the committee if it was possible to attach a rider to the City Council recommendations stating that the committee feels that the Illegal Dumping is a concern and should be considered under the Solid Waste budget. The committee agreed to include their concerns in the presemation to the City Council. The committee discussed the Demon City Council Day School Improvemem application and agreed to fund the project fully based on estimates provided during their funding presemation of $61,344. The committee discussed the Demolition Program. According to Barbara Ross, the currem balance for the Demolition Program is $53,000. Peggy Fox indicated that she felt uncomfortable with the application because particular sites were not identified. The committee agreed to fund the Demolition Program for $15,000 since residual funds could be used this year and next. The committee discussed the Prairie Street Sidewalk project from Bradshaw to Locust. The committee asked about the percentage of low and moderate income households in this area. Luisa Rodriguez-Garcia responded that the low and moderate-income percemage was 78.2%. Ms. Colonna stated that sidewalks in Southeast Denton were a need mentioned at the public hearing. Barbara Ross memioned that this project would allow citizens to access the dowmown area. The committee agreed to fully fund the Prairie St. Sidewalk Project for $94,073. Ms. Ross reported to the committee that many communities request special CDBG Economic Development Initiative money in a set-aside. Page 77 The City of Denton has submitted an application for funding that would entail bringing people in from TWU and the lower income community around downtown into the downtown area. The application includes possible CDBG funds that would support the $1 million application. The Prairie Street Sidewalk project would support this application. The committee discussed the Graffiti/Blight Abatement application. Ms. Luisa Rodriguez-Garcia stated that according to HUD officials this project would be eligible for CDBG funds if it was designed to assist business in low and moderate-income areas. She also stated that according to Officer Rachel Fleming the majority of the graffiti is occurring on business in low-income areas. The committee discussed the use of CDBG funds for graffiti removal on businesses that were located in a residential area versus business located in a commercial area. Pat Colonna stated that she would prefer assisting homeowners or business in residential area. Hank Dickenson mentioned that many business in the Fry Street area which is considered to be in a low and moderate income area are affected by graffiti on a regular basis and should not be required to absorb the costs every time and that assistance should be made available. The committee agreed to fund the Graffiti Abatement Program for $5,000 and only for supplies. The committee discussed the Minor Repair Program. Mr. Bell asked about specific repairs that are funded under the program. Barbara Ross responded that typical projects include roof leaks, hot water heaters and floors that are falling in. The committee agreed that the program was a need in the community and recommended full funding of $40,000. Ms. Rodriguez-Garcia provided the committee with an updated CDBG balance of 343,131. The committee discussed the Paisley Street Sidewalk project and mentioned that the percentage of low and moderate-income persons was 54.8%. Barbara Ross stated that the percent was based on the 1990 census information and she believed the percentage is higher in the 2000 census. Ed Touraine stated that according to the application a total of 187 households would benefit. The committee agreed to fully fund the Paisley Street Sidewalk at $72,998. The committee discussed the Miscellaneous Sidewalk project that include $23,158 for Bradshaw from Prairie to Wilson, $60,000 on Crawford from Sycamore to Hickory Street and $160,124 for Kerley from Duncan to Shady Oaks. Mr. Touraine indicated to the committee that the other side of Duncan has a sidewalk. The committee agreed to postpone their decision until later in the meeting. The next ranked project was Fannin Street Repave project. Sondra Ferstl recommended fully funding the project because the project was the Engineering Department's second priority. The committee agreed to fully fund the Fannin Street Repave Project for $28,788 The next project the committee discussed was the Paisley Street Repaving. The committee agreed to postpone their decision until later in the meeting. The Duncan Street Repaving Project was discussed next. Mr. Touraine stated that this application is phase two of a previously CDBG funded project to repave the rest of Duncan Street. Ms. Ferstl stated that according to the application the percentage of low and moderate-income household was 78.6%, which was high. She also stated that the project was listed high in the Engineering Department's Page 78 priority list and a total of 233 households would benefit from the project. The Committee agreed to fully fund the Duncan Street Repave at $110,489. Barbara Stinnett asked the committee their thoughts on the Wilson and Peak Street speed humps. Sondra Ferstl stated that she was not in favor of speed humps any where within the city. The committee agreed not to fund the PC Building Project since it was the lowest ranked application. Mr. Dickerson stated that it was a good project, but the agency was not ready to take on a major project like this, it was a new agency that did not have a state certificate yet. Pat Colonna stated that she was concerned that funding would be able for the Day Laborer's Project. She stated that the project was an important need, especially the water foundation, but was also concerned with the pointed fence because of safety reasons. Sondra Ferstl was in favor of funding the project for only $10,000 for the water fountain and the fence but not paving stones. Hank Dickerson agreed. Ed Touraine stated that pouring concrete instead of the paving stones would be less expensive. Mr. Dickerson pointed out that the project had already been approved for matching funds of $10,000 from the Neighborhood Empowerment Program. The committee agreed to fund the Day Laborer's Project for $10,000 for the water foundation and the fencing. Ed Touraine did want the City Manager's Office to reconsider the size of the fence to 5 feet instead of 4 feet. The committee discussed the Alice, Coit, Cordell and Emery Repaving Project. The committee agreed that the project was too large and expensive for CDBG funds. Mr. Touraine indicated to the committee that of the four streets, Alice Street was in the worst condition and was a major thoroughfare and covers all the area. Ms. Colonna suggested waiting until next year to reconsider the project because of the cost and funding availability this year. The committee agreed not to fund the Alice, Coit, Cordell and Emery Repaving Project. The next project the committee discussed was the Wilson Street Repave Project. Ms. Stinnett stated that if the repave project is approved it would be beneficial to also approve the speed humps so that both projects could be completed together. Mr. Taylor stated that Wilson Street by the Recreation Center was not in bad condition. Peggy Fox and Harry Bell both agreed. The committee agreed not to fund the Wilson Street Repaving Project. Ms. Luisa Rodriguez-Garcia provided the committee with an updated CDBG balance of $120,000. The committee discussed the Wilson and Peak Street Speed Humps. Barbara Stinnett stated that she felt that speed humps were very important to the safety of kids especially on Wilson Street, which is a long narrow road that has a park. The majority of the committee voted not to fund the either of the speed hump projects. The committee discussed the Paisley Street Repaving Project that had been previously tabled. Hank Dickerson suggested not funding the project this year because and reconsidering next year once the 2000 census information was available. He also stated that this project was low on the Engineering priority list. Page 79 The committee revisited the Miscellaneous Sidewalk Project For $243,282. The project consists of $23,158 For Bradshaw from Prairie to Wilson, $60,000 on CrawFord from Sycamore to Hickory Street and $160,124 For Kerley from Duncan to Shady Oaks. Mr. Touraine recommended funding sidewalks on Bradshaw and CrawFord Street, since funding was not available to complete Kerley Street. The committee discussed the Industrial Street Rebuild Project. Peggy Fox stated that according to the application, only one household would benefit from the project. Ed Touraine also brought up the same poim. The committee agreed not to fund the project. Ms. Rodriguez-Garcia provided the committee with an updated CDBG balance of $37,698. Mr. Touraine suggested funding the In-fill New Construction Program with the remaining CDBG funds of $37,698, which would provide a total of $216,640 For the In-fill New Construction Program. Ms. Fox agreed and stated that new construction of affordable homes was a great need in Denton. The committee discussed providing additional funding to the Day Laborer's Site or the Demolition Program. The majority oFthe committee voted not to provide additional funding to the Day Laborer's Project. The committee agreed to increase the funding oFthe In-fill New Construction Program to $216,640. Ms. Rodriguez-Garcia reviewed the recommendations as Follows: Demolition Homebuyer Assistance Home Improvement Minor Repair Program Day Laborer's Pavilion Industrial Rebuild Fannin Repaving Paisley Sidewalk Prairie Sidewalk Wilson Repave Duncan Repave Alice, Coit, Cordell & Emery Repave Bradshaw and CrawFord Sidewalks Paisley Repave Wilson Speed Humps Peak Speed Humps Demon City County School Nevada Court Project P.C. Building Project Graffiti Abatement Illegal Dumping Infill New Construction $15,000 $136,535 $257,568 $40,000 $10,000 $0 $28,788 $72,998 $94,073 $0 $110,489 $0 $83,158 $0 $0 $0 $61,344 $156,000 $0 $5,000 $20,000 $156,000 Ms. Colonna stated that she would like to see sidewalks around the Civic Cemer Park. Ms. Ross stated that part oFthe CDBG Economic Development Initiative money would include Civic Center Park sidewalks from TWU. Ms. Colonna was excited about the news. Page 80 Peggy Fox stated that she was surprised that Fairhaven did not apply for funding like they had in the past. Ms. Ross brought up the Tenant Based Rental Assistance Program and stated that the program had been funded in the past and Fairhaven was the organization that managed the program. According to Ms. Ross, the City of Denton was concerned because most of the participants were Fairhaven residems and the program was supposed to serve any elderly or disabled person regardless of where they live. The City of Demon is now managing the program. She also stated that this program was very time consuming so they are working to try to slowly do away with the program and looking to DHA to do Tenant Based Rental Assistance. Mr. Taylor made a motion to approve the recommendations for use of CDBG and HOME funds to be presemed to City Council. Ms. Ferstl seconded the motion. CDAC members unanimously approved the recommendations. Ms. Rodriguez-Garcia stated she would comact the members to inform them of the dates for City Council review and approval. The meeting was adjourned. Page 81 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING JANUARY 29, 2003 Members PreseM: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Lovie Price, Betty Tomboulian, Jodi Vicars-Nance Members Absent without Notification: Teri Rheault, Carl Williams Staff PreseM: Wendy Nails, Human Services Coordinator; Barbara Ross, Community DevelopmeM Administrator. Wendy Nalls, human services coordinator, began the meeting at 6:10 pm. Ms. Nalls reviewed the information gathered at the public hearings. She noted that Ms. Price attended the public hearing and thanked her for her participation. Members discussed eligible target areas. Ms. Ross explained that any low-income person could be assisted regardless of where they lived. She also noted that most of the older areas of the City are targeted as low and moderate-income areas. Ms. Nalls updated the committee on the activities of the DeMon County Homeless Coalition (DCHC) and the City's involvement in the Coalition. She noted that Denton County MHMR was recently awarded almost $800,000 in funding for supportive housing. The next CoMinuum of Care application will request funding for HOPE, Inc and HelpNET. Peggy Kelly asked ifLewisville ever asked for funding. Ms. Nalls indicated that they have not yet bM would probably do so in the future. Ms. Nalls also stated that the City of Denton was reapplying for Emergency Shelter Grant funds and that HOPE, Inc., Friends of the Family, HelpNET and the Salvation Army would participate in the ESG application. Bettye Myers stated that she was aware that homeless individuals were being released from an institution in Wichita Falls and sent to this area. Dr. Myers noted that the Salvation Army provides services to these individuals. Ms. Nalls meMioned that the County does not have a homeless youth shelter and that this is something the DCHC is interested in addressing. Ms. Ross commented that the staff from the cities of Lewisville and DeMon, specifically Jamie Kirby, Dan Leal and Wendy Nalls, and the local agency personnel had really made the Coalition a success. She noted that they were bringing increased funding iMo DeMon. Ms. Kelly and other committee members commended the work of the DCHC. Dr. Myers commeMed that AIDS Services was oM of funding. Ms. Nalls pointed out that many agencies have funding that is targeted strictly to specific activities. Carol Bounds asked if it was true that agencies have almost no unrestricted funds. Ms. Ross stated that this was true that even City of Denton funds are targeted for programmatic rather than administrative costs. Ms. Nails opened the floor for nominations for the Chair and Vice Chair. Peggy Kelly nominated James McDade as committee chair. Lovie Price and Bettye Myers seconded the motion. Mr. McDade was unanimously elected. Betty Myers nominated Betty Tomboulian as vice chair, James McDade seconded the motion. Betty Tomboulian was unanimously elected. Members began to discuss the hearing process, whether to have personnel from the organizations appear before the committee and how the scoring process should work. Page 82 Carol Bounds indicated that she felt the hearings were not that helpful. Some members indicated that they felt the agency visits were more helpful. Ms. Bounds also mentioned that looking at the salary structure of each agency was helpful. Members agreed that they would contact Ms. Nalls if they wanted to visit an agency. Members agreed to hold the hearings and give each agency ten minutes. They would ask the agency personnel to answer three questions during their presentation and leave seven minutes for questions. Any members with substantive questions regarding the application should forward that to Ms. Nalls. Members discussed how to handle the late application submitted by Friends of the Family. They agreed to handle it individually as they score each application. It was also agreed that the members would use the same scoring sheet as last year. However, they would add information stating that the funding level should be low, medium or high. Also, members would answer whether they would recommend or not recommend the agency for funding. The meeting was adjourned. Page 83 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 6, 2003 Members Presem: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Betty Tomboulian, Jodi Vicars-Nance, Teri Rheault Members Absent without Notification: Lovie Price Staff Presem: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Developmem Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00 PM. Mr. McDade stated the minutes from the January 29, 2003 minutes would be approved during a break. Peggy Kelly suggested postponing approval of the January 29, 2003 minutes and subsequem minutes for agency hearing meetings until a later meeting. Mr. McDade agreed to the suggestion of postponing the approval of the minutes. Ms. Kelly made a motion to postpone the approval of minutes. The motion to postpone the approval of the minutes was approved by a voice vote. At this time, agency hearings for 2003-2004 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. COMMUNITY IN SCHOOLS What difference will community in schools (CIS) make in the community? - The drop out problem is not just a school problem but a community problem. Parems, neighbors, health care providers, business leaders, social workers, counselors, memors, studems and volumeers are all involved in helping children stay in school. CIS brings resources, volumeers, and service providers imo schools and transcends into one coordinated team. We have a proven track record of success in 2001- 2002, 99.9 % of our case managed studems stayed in school, 87% of our case managed studems promoted to the next grade level or graduated, 86% of our case managed studems improved in academic situations and behavior. What would happen if we did not receive human services funding? - At Calhoun middle school in 2003, 56% of the studem population is economically disadvamaged, 50% of the studem population is at risk for dropping out of school, 50% of the studem population is Hispanic or African-American and those stats come from Mr. Simms the principal. Principal Simms and his staff are anxious to have this program on the campus. His students promote to Denton High School, which has a very successful program in place. Without your generous support services to Calhoun Middle School would be delayed umil alternative sources of funding could be secured. How do youplan to use the funding? - Along with funding from the University of Texas gram that they are writing and Demon lSD, City of Demon Human Services funding will provide support for a Page 84 case load of what is a 100 students on the middle school campus and provide services to 1300 students, family, and community members. We are going to provide education enhancement services, health and human services, parental involvement services, counseling, and supportive values services, pre-employment and employment services and enrichment services. Explain about the additional 1200 siblings, parent's and other students served b_v case managers. What are the additional services ? - Elinor Hughes A description of the additional services offered by Communities in Schools (CIS) is outlined in the six-component activity handout given to the HSAC at the beginning of the presentation. These six components will be incorporated into the school. We work with the school top administrators and teachers to find out what services they actually need. From the plan that will be developed, the six components will be implemented and these are some of the activities that we provide. What is d~[ferent that the City Park's and Recreation After school Program? - Bettye Myers CIS tries not to duplicate services and works with existing services. In the past, there has been a problem with transportation for the Calhoun students to the Parks and Recreation after school programs. The Parks and recreation program has there after school programs at many different locations. If a parks and Recreation after school program comes to Calhoun, CIS will definitely work with the program. The benefit is that we are on campus and can refer to programs. Are children with disabilities barred from the program? - Teri Rheault No, children with disabilities are not barred from participation in the program. It is an At-risk program offered to every student. Ethnicity of the Stqff was missing from the application. - Barbara Ross A copy of the staff ethnicity will be provided to the committee, it was prepared and its absence is an oversight. How will the program work with Summer School? - Bettye M~;ers A staff member will be located at the summer school campus to provide support services to the Calhoun students. In addition, the program will pay for 75% of the summer school tuition. Do you see a need for Diversi_tv on your board? - Jean Hinojosa Absolutely, the board's lack of diversity has been noted and is being addressed. The objective is to have board members with diverse cultural, economic, and business backgrounds. Anthony Simms an African American male has been approached to join the board. He is going through the nomination process. How will the Cit_v qf Denton funds be expended? - Elinor Hughes The other funding sources for the organization are flexible and the budget for next year is not finalized. At this time, the City of Denton funds would be used for program campus staff salaries depending on how the other funding sources are allocated. Does the Campus Manager provide direct services- Elinor Hughes Yes Page 85 How many Bilingual stqff do you have and where are they located? - Jean Hinojosa There are three bilingual staff members located across the various campuses. The Calhoun Principal requested a bilingual staff person at the school. How do you define low-income for the 98% of the program candidates that are classified as low- income? - Barbara Ross The program has clear definitions from the state on what low-income is. CIS starts by looking at children of households that qualify for TANF and reduced or free school lunches as low-income students. Children from other households not receiving these services may be included in the program. Why does the DISD only contribute $10,000 to the program? -Elinor Hughes The original amount requested from the DISD was $10,000 and the agency has not requested increased amount in the past. They are considering asking for an addition $2,000 dependent on the financial and political climate of the DISD. They would like to receive more grants, endowments and business donations as funding sources, since school districts are strapped for funds. END OF COMMUNITIES IN SCHOOLS Mr. McDade asked the committee if there should be an introduction period. The committee decided not to have introductions. AIDS SERVICES OF NORTH TEXAS I brought a couple of things. Both things have to do with our ask for our food money. The thing that we brought for everybody is the community support letter that we sent out and then there are some booklets that just have pictures of our nutrition center. This is Barrett Bridges and she is the nutrition coordinator at Aids Services, I am the director of the medical clinic and over the nutrition center. So, I have your questions but since we actually asked for two sets of money I am going to talk really fast so that you can ask all of the questions that you need to ask me. I want to talk first about our food program. I want to thank you because in the past you have funded us and this year we found that it has helped us more than ever and I will explain why. The difference that our food program makes in the community is that at this point we serve about 75 members of our community. We have looked around to see if they could receive food services elsewhere, but as far as the funding for HIV/AIDS they can only access one HIV/AIDS food pantry program. But we have found out about a couple of programs in Denton that they can access on an emergency basis but only up to four times a year. They have to show proof of the emergency. We are researching other places they could go. The difference the program makes is we really are feeding and providing almost all of the food for 75 people. What would happen if we didn't receive your funding? We get federal funding for food. Last year we received $72,000 and we have five counties and three nutrition centers. We just got our new funding announcement and it has been cut to $54,000. We were serving a 140 people in all three sites. We only count on the Federal funding since you have it in hand, we will have to cut down to 50 people. That is all we will be able to serve in all three sites that probably means that we will go from 70 and Page 86 80 in Denton to about 20. Now you can only imagine having to look at 90 people out of 140 people and think now which 90 are you going to cut. I'll go ahead and answer how we are going to use the funding. We are only going to buy food. One of the things I want to tell you that we have been very, very busy because we thought that we might receive flat funding. We have been working with Boeing in Corinth for money and food. Miller Lite is going to do food drives; Denton Bible church is going to work at the food bank for us and get credit for us to buy food. We talked to TWU, UNT, Cappuccino cafe, and the mall. We are really busy and are not expecting you to take up the slack we are looking everywhere. The protein needs for an HIV/AIDS person is one and half time the needs ora normal person. If they don't receive that much protein to keep their muscle mass at a certain level their medication will not be effective. Where we were last year and when we came and ask for money was to come and boost the food levels and it did. Now we are back to trying to stretch it. We are looking a several options including cutting down the number of shops that they get. We were given hygiene items; we cut them out entirely until we see were our money is going. We did keep toilet paper, toothpaste and soap. The application was missing audit on letterhead and the personnel budget and budget narratives were not complete. Why was the budget for special events and donations decreased? - Peggy_ Kell_v The funding for Volunteer Services was cut requiring the agency to eliminate the volunteer coordinator position. In addition this reduced the special events and donations amounts. Did United way deny funding? - Peggy_ Kelly The funds from the United Way of Collin County are yet to be received; therefore, they were not included. There was no composition of clientele? - Carol Bounds The composition of clientele was provided earlier in the day. Was the stqff listed for the entire organization or just for the program ? Carol Bounds The Staffwas listed for the entire organization and serves and area of 400 sq miles. Did the number of Denton clients increase or decrease? - Bettye Meyers The number increased by about 26% Were they AIDS or HIV clients ? - Bet_~e Meyers Both, most were symptomatic AIDS clients. We had 6 new intakes in January with 3 women between the ages of 50 and 60. CASA What diffkrence does ourprogram make in our community? This is the one that I really want to share the most with you because it does apply to CASA. It is hard to show how this applies to CASA since we work with children and it may take years for the results to show. In my opinion, in our community CASA has become the glue that holds those children's lives in place while they are in foster care. We are doing the things that PRS does not have the money to pay someone to do. We contact the Page 87 caseworker to make sure that all of the child's needs are met. We keep the court informed of what is going on with the child. We try and make sure that what is going on in the lives of those kids is good and positive. What would happen if we didn't have human services funding? In a nutshell, this year we would have to cut something, this is the first year that we were in the black. We are getting cuts from everywhere except from some federal funds and Texas CASA that will have flat funding. We are really striving to find other funding sources. How do we plan to use that funding? Just as in the past we plan to use the funding to pay a portion of the executive director's salary. I am really proud that our program was recognized for several awards this year. The board of directors, stq[[~ and volunteers do not represent a diverse group of people. Is the client base a diverse population ? - Peggy_ Kelly The client base is 80% white but the organization recruiting minority candidates to be board members. How long do you follow a child? - Bettye Meyers Once the case is closed, the court no longer requires follow-up. The agency is reviewing the possibility of extended follow-up and children re-entering the system. There was a large increase in other anticipated grants. - Peggy_ Kelly Yes, an additional staff member may provide the executive director with additional time to apply for other grants. Already have $21,000 in funding secured of the $61,000 anticipated new grant funds. COMMUNITY FOOD CENTER The center has been operation since 1974 and has been doing a good job. Last year there were 4, 987 families that came by for help a lot of those were repeat families. We don't know the actual number until we get our computer working. We gave away 2,508 pounds of food. We are the conduit for the institutions, schools, groups, clubs giving the food; we make it possible for the people to get the food. We need this money to pay for the utility bills, that is what we ask for each year. If you didn't give us the money we would pay for the bills but it would be that much less food that could go to individuals. We spend less than 10% each year for operations costs, everything else goes to buying groceries. We have a mix of donations and buying groceries depending on what we receive. The amount of donated food goes up and down in cycles. We augment the donated food by buying groceries. Number Cf agencies give out food has the board considered combining with other food pantries? - Peggy_ Kelly The board has never considered combining resources because it has never come-up and they have never felt like they were missing people. They do work with Our Daily Bread by giving them large donated items tat can't be given away to individual families. In the past they have also worked with the Denton State School and the Salvation Army. Do you use HelpNET to track your clients? - Peggy_ Kelly Page 88 No, a graduate class at the University of North Texas created a database tracking system. It is the same type of agreemem used with the TWU for the Audit. Do you share utilities with Interfaith? - Bettye Meyers No, there is separate gas and electricity. Not sure who pays for the water. CUMBERLAND PRESBYTERIAN CHILDREN'S HOME We were able last year to receive funding from the generosity of some of the city council members. This funding allowed us to attract other funding because we were working with the city of DeNon. We did find funds to hire a social worker for this program, who is an African-American single working mother. We have created an office for her in the house with two of the mothers. We have another duplex next door; we have four families with eight children. We have five families in aftercare with a total of nine children. We are seeing success the mothers that left the program we have four of them working and one in an internship program which should lead to a job. They are all in housing that they are able to support; some of them are in section 8 housing. We feel that there are some very good outcomes from this program. Of the four that are curremly in the program 2 have jobs and the 2 newest mothers are looking for employmem. We have made a difference in the nine lives that have emered the program. In addition you will see that we talked about serving 75 cliems this year total by providing referral and other services to cliems outside of the ones on our campus. How long do the clients stay? - Bettye Myers The program designed for clients to stay up to 12 months but some parents leave early due to completing goals early. Can they stay for over 1 year? - Bettye Meyers Yes, they have had one mother who stayed over a year. Do you have homes to expand your services to ? - Elinor Hughes No, the planned expansion is part of a total plan to be executed over the next 10 years were three more homes will be built on the property. Do the City funds go to support the house residents? - Carol Bounds The City funds go to support the social worker that works with all cliems but mainly with in-house clients. The number of participants is four families plus additional follow-up clients? - Carol Bounds Yes, the total number of cliems is 44 including other cliems from call-ins. At this time there are four currem families and five families in aftercare. How long is qftercare? - Jodi Ficars-Nance Two years Page 89 How much money was received from the city? - Peggy_ Kelly So far $800.00 has been received but the total amount of funding is $2400.00. What is the racial background of the families? - Betty Tomboulian In the current program there is three African-American families and one Caucasian family. In aftercare there is three Caucasian families, one African-American family, and one Hispanic family. Initiall);, I thou,ght that the social worker z, oes be);ond the in care families? - Bett);e Mepers Yes, we are serving others beyond after-care and current clients. Has the number of Denton Board members increased? - Peggy_ Kelly Yes, the number of Denton Board members has increased to five. There is a lack of diversity on the Board. - Teri Rheault The organization is trying to diversify the Board. An African-American was asked but not able to serve on the board this year. In the future Community Advisory Council will be in place and should have a more diverse membership. ASAS The after school program serves about 550 students from 11 elementary schools and 4 middle schools. The middle schools are Crownover, McNath, Strickland and Calhoun. This year we integrated the program for children with disabilities. We are open until 6pm when school is in session, when it is not we offer a program for kid's day off at the civic center as well as spring break and holiday camps. We are requesting money for scholarships for the after school program. Is there still a specific program_for the disabled? - Peggy_ Kelly No, but there are ten disabled children integrated into the general program. How is the integration working? - Peggy_ Kell_v The integration is going well and there is staff on-site with therapeutic experience. Did the integration require hiring more stqfl~[? - Peggy_ Kelly Yes, one additional staff member was hired. Were the families happ_v with the integration? - Peggy_ Kelly The new families are happy with the integrated program. The old families were not happy with the integration since the ratio of staff to child has changed from 1 to 1 to 1 to 4. The integrated program offers more stimulation. Was the program change for money savings or for program benefit? - Peggy_ Kelly Both, the State requires a mixed population in order to fund the program. Wanted to expand the program to more children and save money. Do you ask for Park Funds_for the program ? - Barbara Ross Page 90 Yes, the program raises about $6,000 a year towards therapeutic care towards the summer camp. The two events they work on are specifically for therapeutic scholarships. How much is after school care? - Bettye Meyers It is about $100 a month or $1,000 a school year. The income sheet shows current agenc_v budget?om $2900 to $1700. - Elinor Hughes It is not a revised budget. It's an actual budget that shows how much was appropriated verses how much was requested. Why is the program not in the Parks budget? - Bettye Meyer It is a self-supporting program. It does not receive any city funds. The program has worked with UNT to apply for other grants. At this time the program is not competitive with other programs in the area for receiving other funding. The number of minority students is small is this because qflack qfifunds or knowledge? - Jean Hinojosa They are not sure; currently the program gets referrals from counselors and school administrators. The information is also provided in take home packages and there are a limited number of Spanish packages. Is this something you can bring up to the counselors? - Peggy_ Kelly Yes, at the twice-annual meeting with the school representatives. How many volunteers are for special populations? - Bettye Meyers There are about 30 volunteers for the therapeutic children but a staff member most is with them for the special populations. They cannot work alone with the children. There is a UNT prqfessor that has received a grant for working with special population children: a partnership with UNT could be helpful. - Bettye Meyers Yes, there is a current partnership with UNT to provide interns. Are there any programs_for middle school children ? - Bert_ye Tomboulian Yes, The children are bussed to the MLK center and parents pick them up. DENTON CITY COUNTY DAY SCHOOL We have a sliding scale for families since we target low-income families. If we did not receive human services funding? We would not be able to keep the level of staff in length of time or quality of teachers. We use this funding to augment the rate that the teacher's are paid. Our board feels strongly that the childcare workers are teachers and not just paid baby sitters. How does the board reflect the client make-up? - Peggy_ Kelly Page 91 The board has two new African-American members. At this time there are approximately 40 Hispanic students of 62 total students. The remaining 22 students are split between African-American and Caucasian. The Cit_v qfDenton funding says 90%? - Peggy_ Kell_v The funding amount should say 9%. Did not see an audit for the agency. - Peggy_ Kelly A copy of the audit will be provided. How long do board members stay? - dean Hinojosa The original term is for one year. Board members may elect to stay longer after their initial term has ended. The board should be told to actively recruit board members. - Peggy Kelly How long is the waiting list? - dean Hinoiosa 15 people The program is in competition with the Anne Randall School. - Peggy Kelly Do we have the ethnic breakdown o~f the stqffl; - dean Hinoiosa We thought it was provided on the page with the volunteers at the end of the application. Can you provide one? - dames McDade Yes, there are seven Caucasian and three Hispanic staff members. ADULTDAYCARE Our program makes the difference in whether a family has to instutionalize a family member or one family member having to give up a career or education to stay at home and take care of a loved one. It allows individual to stay at home but still have socialization and stimulation outside of the family members. It gives family members and caregivers time to rest and recuperate and to take care of other tasks. How do theyplan to use funding? We receive about two thirds of our funding from the Department of Human Services. The time and pay scale used by the Department of Human Services does not cover the entire cost for providing services to the clients. People wonder why there are no other adult day care in the counties, because it is not a profitable business. Funding will be used to subsidize the payments from the state. Without funding from the City. We will have to stay where we are now and not be able to accept more clients. At this time we have to schedule when clients come in order to have adequate amount of spaces. We are in a house that is not setup for adult care and it does not enough space for the program. Page 92 How many are on the waiting list? - Carol Bounds No official waiting list, but if there is an increased capacity overnight we could have seven to eight additional cliems. Are hot meals provided? - dames McDade Yes, a hot meal is served at a temperature of 160 degrees. It is the same food served at assisted living and Good Samaritan. Have you tried to use the meal service at SPAN? - dames McDade Did look imo receiving meals from SPAN but they were not able to provide all of the specialized diet requirements. What is the proportion of young clients to older clients? - Peggy_ Kelly There are five in there twenties, one in the thirties and representatives of every decade up to the nineties. It is about a 50/50 split between the over and under 65 cliems. There are a large number of Dememia and Alzheimer's cliems. There will be groups according to age and disabilities when space is available. How does Medicaid tie in for Denton residents? How manY for the City of Denton? - Bettye Meyers There are nine cliems for City of DeNon funds. There is one non-Medicaid but financially qualified cliem. They have also applied for funds from the CDBG and United Way funds in the City of Lewisville. Are looking into starting a center in Lewisville. KINGS KIDS What will happen without Human Service&funding? - Teri Rheault They children who receive the scholarships would not be able to attend the program. Why is there a d~fference between the length qf Kings Kids and the Owsley program? Why is there a full summer program rather than a six-week program to serve more children? -Bert_ye Me_vets The idea of having a shorter program to serve more children has never been discussed as an option. One quarter of the head of households in Southeast Denton is under the age of187 - Bert_ye Me_vets No, a quarter of the total population is under the age of eighteen. Do you have a large number of repeat attendees? - Carol Bounds Yes There is a small number of Hispanics. Are the materials provided in Spanish? -dean Hinojosa Yes, materials are available in Spanish and English. The materials are targeted to reach households in Southeast Denton. Do you work with the Housing Authorit_v? - Barbara Ross Yes, They work with the housing authority and the surrounding area elememary schools. The program is offered on a first come first serve basis. Page 93 What happened to the Bo_vs & Girls Club program in the area? - Carol Bounds They had a year round program that will no longer be available. Have you worked with the Ci_tv to find supplemental funds? In the past, request for additional funds have been turned down due to other funding priorities. has not been a recent request for addition City funds to supplement the program. There DEE DEE'S LIL ANGELS There is no 501(C) 3 letter, bylaws, audit or budget narrative. - Peggy_ Kelly Someone was hired to prepare the application. They can provide a 501(c) 3 letter and an audit. Can the day care serve 50 children? The capacity is 50 but currently have 15 clients. There is an additional building that may be rehabilitated for child care/by the end of next week there will be up to 20 clients. What are the ages of the children and the number of stqf~[? - Bettye Me_vers Some of the children are after school care only. There are two volunteers that come and work. What is breakdown for all of the all day school students in comparison to the qfier school only students? - Peggy_ Kelly There are 12 to 14 students who stay all day. Do you have adults in the literacy program? Are the adults only parents of children in the daycare? - Jean Hinojosa This is in the planning stage. ASAP Your Board of directors is all white and every year it is the same way. - Peggy Kelley It was brought to the board's attention on Tuesday that there was no diversity among board members. The pre-approval of an application does not meet the standard. - Peggy Kelley What is the Executive Director's salary say exempt? - Teri Rheault Please provide the salaries of the three positions that say exempt. - Barbara Ross The number of clients served goes from 60 to 0 to 60? - Betty Tomboulian The program staff person was lost as well as program funding therefore it was necessary to start the program again. The group have just starting meeting again within the week. Zero was put down since there had not been any grant funding or group meetings. They are in the ground phase of the program due to the re-organization of the program. They are doing some outreach to the community. They do not turn away clients at the front door and they do referrals. What funding was used to hire the new staff'? - Barbara Ross Page 94 General funds. Has there been a problem with staff retention that is one of the reasons the program did not get funding last year, and why the program needed to be reorganized? - Carol Bounds Yes. SIERRA Are the people released from prison referred to other services? - Elinor Hughes Yes, there is continuity of care in the services. Your three year stay in the position is commendable and probably the reason why the program continues to receive funds? - Peggy Kelly Thank You Is there a 2002 Audit? - Carol Bounds Yes, but it is Fairly new and the Director has just seen the audit. Are the only funds For your program from the City oFDenton? - Carol Bounds Yes, it is the only source of funding For 20 hours oFthe staff position. The other hours are funded by MHMR to provide follow-up case management For the prisoners upon release. Page 95 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 12, 2003 Members Presem: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Betty Tomboulian, Jodi Vicars-Nance, Teri Rheault, Lovie Price Members Absent without Notification: Staff Presem: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Developmem Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00 PM. Mr. McDade stated the minutes of the February 6, 2003 minutes would be approved at the committee meeting. At this time, agency hearings for 2003-2004 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Boys and Girls Club The Boys & Girls Club is an afterschool program-serving children up to age 18. In Demon there are two units with the newest unit being on the north side. This has expanded service to up to 200 kids. What difference does our program make in our community? They program has helped kinds to raise their grades and help them attain skills in leadership, arts, and other programs. The feedback from the community has been that the program is making a difference in the lives of the children. What would happen if we didn't have human services funding? The program did not receive funding last year. This forced them to search for alternative funds and they received some additional grams. They grew from four to six sites. How do we plan to use that funding? They will use the funding to serve children in Demon. Is the large increase in the project and special evems budget realistic? - Peggy Kelly There has been an increase in the number of special events and contributions. I have started writing to proposals to grams and foundations for additional funds. Last year we did receive a gram from the Meadows Foundation. Grams are not usually considered Special Evems or Comributions, usually some kind of Fundraiser? - Peggy Kelly Yes, we had a Harley Rally for the first time in January. This did not do as well as expected but we are going to try it again this year. We have several other events planned through out this year. In the Page 96 past the organization has not had a lot of successful evens. With my experience in the Boys and Girls Club that is part of what I am going to do is to work with the Board on special events. Do you have a debt fund? - Peggy Kelly The club was over $150,000 in debt from the last administration last year. Right now the debt has been reduced to $69,000, in three bank notes, where the previous administration borrowed funds to pay bills rather than special evens or fund raisers. We were in the black all of last year. We have a monthly paymeN plan set up on the bank debt and we are curreN on all of our bills. If more descriptions and explanations are put in the budget narrative than we won't have to ask, just expand your budget narrative next year - Peggy Kelly Okay How do you see your program as differing from the After School Action Site program? - Jean Hinojosa I am not familiar with the programs, I don't know what we would do differeN. It is an after school program at differeN elemeNarv and middle schools as well as a summer school? - Jean Hinojosa I know what makes Boys and Girls Club a lot differeN than some other organizations is that we don't charge a membership fee. We target at-risk disadvaNaged kids. We just have them fill out the registration form. We don't wan to turn any kids away. Like at Owsley, we have kids in that area as well as kids that come from other areas that are around the neighborhood. You have two sites now; will you be bringing kids in from Southeast Denton? - James McDade We are bussing right now in the North area, but I haven't had a request right now from the Southeast area. We will have to work with parks a recreation to get another site in that area. We are taking one day at a time right now. I know that there is a lot of expansion that needs to be done. Where is the North DeNon Site- Jean Hinojosa We started in the DeNon Christian church but have now partnered wit the Salvation Army Church. What happened to the Boys and Girls Club that was in Southeast DeNon? - Lovie Price I started January 2002, what I understand is that past administration messed up a lot of relationships. That was before your time. - Lovie Price How do you plan to spend the $20,000 specifically? - Bettye Meyers We will not only pay staff but we also provide the bus, staff, the programs, and the program supplies at Owsley and at the North site unit. We pay for anything with the buses and fieldtrips. All the componeNs of the programs are run by the Boys & Girls Club. I was curious to see where our $20,000 would go and it seems like it would be in a general pot? - Bettye Meyers Yes, it's in a general unless it is specified that it needs to go to a specific purpose. Page 97 You said that you all pay for the field trips? - Lovie Price Now, Greg Hedges would help us with gas or something, he would drive the bus for us. for everything. But we pay END OF BOYS AND GIRLS CLUB Denton Christian Preschool What difference will our program make? - We help children develop physical, motor, social, and emotional skills. They also emer school with better health because of our nutrition program and our medical and diagnostic screening that we do. The families receive a lot of support in pareming skills and are given referrals to agencies for help with any more specific problems they may have. With this imervemion children are far more likely to cominue their educational experiences with success and graduate from school and enter our communities as contributing citizens What would happen if we didn't receive your funding? We would have to reduce the number of children that we serve. With the city of Demon funding we have started an additional classroom that follows the children. How we are going to use the funding? As in the past we are going to use the monies for salaries for staff for the additional class of twelve students. Do you track the youngster for 3 or 4 years to see how they are doing? - Bettye Meyers We track through High School and that is very rewarding. We had a trust fund set up for us some time ago that allows us to give each child a $100 when they graduate from high school. So if we don't find them, they find us. If the move outside of Denton than we have no idea. But within Denton about 50% of the children we serve are graduating from DeNon High Schools. That is really very good. We have two recent gifts from corporations where a parent had sent their child to the school. I think you all have done such a tremendous job of having diversity on your board? - Jean Hinojosa We have worked very hard at that. We have worked at having diversity on our board, children, and volunteers. We want to represent the community of Denton You talked about supporting parems, I wondered if you work with the family resource cemer? - Elinor Hughes We do referrals back and forth, but we work with quite a few differem agencies. Family resource center provides a lot of counseling which we are not setup to provides ad well as giving out car seats. We refer our parents to that agency that can provide. We work with a lot of different agencies. The agencies in Denton have to work together to make this thing work. Is there a wait list at your school? James McDade Yes, there is. There is probably a list of 100 children or more. I noticed that you have a large increase your contributions and gifts budget, is that realistic? - Peggy Kelley Yes we hope so. What we have been noticing that a lot of the umbrella agencies across the country are down but the ones that seem to be maintaining are the local small private agencies. I think that it Page 98 is from what I have read is that it is a concern who want to give have less to give and they want to see exactly where it is going. I think it is in our benefit to be a small private agency that can show you immediately where your money is. We have just undertaken a new campaign in the city to make our school more aware. We tended to assume that everybody new about, but they don't so we wan to a friend raising this fall that was very successful. We have to expand the circle in order to the school to be around for a long, long time. The long-range planning community has made that a priority. Can you continue to expand at your current facility? - Barbara Ross We are at five classrooms but we can have six classrooms. Since we have three classrooms with the half a day classes. This room is already equipped. We would eventually like to because of the need This is an opinion kind of question; do you every_ see anyone taking on infaNs beside Fred Moore? - Barbara Ross Not for profit, I have been in a lot of groups that have addressed this question because if you need care for an infaN regardless of income try and find it. There have been a lot of people associated with childcare facilities that have addressed this questions so you probably know the costs is amazing with a 1 to 4 staff child-care ratio. The building constrains, the things you need for diaper changing and that kind of thing. You know the success by six plan started by the United Way was an attempt to address this program. END OF INTERVIEW CCA What difference does our program make in our community? The main things DeNon resideNs use at CCA is the health services. I tried to keep the focus on the health services die to past trends. The difference it would make in the community is the access to health services for underinsured and families with no health insurance. What would happen if we didn't have human services funding? We would pretty much mean that it is less people that we would serve. We do have a resale funds that depends on how the sales go. The $5,000 request is not an incredible amouN of money but it is 1% of the assistance. It would be focused just on the DeNon resideNs offering health services. How do weplan to use that funding? Just all of the treatmeN offered in our health services, including our medication assistance program as well as paying for lab tests at the hospital. How many resale stores do you have? - James McDade We have two stores curreNly one in Lewisville on the campus and one in The Colony and the future will be up in this area. We are just getting ready to expand our Lewisville store to 121 and corporate. There are agencies here that provide funds for about the same things that you do, do you coordinate with INerfaith? - Peggy Kelly Yes, we pretty much have a referral basis. Every once in a while we will get some specific funding for Page 99 DeNon residems and will refer excess or get imo programs. When you serve Demon citizens do you report your services to HelpNET, so someone isn't taking advantage of Interfaith and CCA. - Peggy Kelly Yes, I wish I could answer that, but I don't know. How many annual cliems do you serve in health care- Peggy Kelly Yeah DeNon city we had a 180 people in all and 150 use adult health cemer and other services. Do you know if they received services here in DeNon? - Peggy Kelly I am sure that we know as an organization, but I personally don't. Is this a family health cemer or an adult clinic- Elinor Hughes It is adult health care because Pediaplace provides services for children. What hours are you open; tell us a little bit more about what cliemele - Elinor Hughes We curremly have four days of clinic Monday through Thursday with four volumeer doctors. One of which has quite his practice to come here and do a ministry of his own. We have eight volumeer nurses. The hours are differem everyday and they are about three hour clinics. You said non-acute care - Elinor Hughes Treatment of non-acute emergency. A lot of it is education and monitoring chronic health problems to keep people from going to the emergency room every time. Is your board you have fifteen members and just one minority is that reflective of your cliems? - Peggy Kelly There is actually one Hispanic as well as an African American. In addition there are two spaces open on the board for which the organization is recruiting. We are not just looking for one certain race but we are looking for who has the best qualification. What is the cliem background? - Peggy Kelly Yes it is about 47% Hispanic 15% white and 30% black Do you do dental? - Bettye Meyers Yes we have a mobile unit for children that goes to the schools and we have two demal rooms on the campus. Do cliems pay on a sliding scale? - Jean Hinojosa Yes, there is a $10 fee that just goes to help for medications and lab processing. Is the $10 fee, an initial fee or for every time they come in? - Jean Hinojosa Sorry, I don't know that either. Do you get other local funds? - Barbara Ross Yes form foundations and grams as well as from Flower mound and Lewisville. These are all housing funds from other cities not social services. Page 100 Denton County Friends of the Family What difference does our program make in our community? We offer a variety of classes and support services the family in poverty prevemion, health and safety, and new pareming classes. We believe that babies are healthier because parems have prenatal education an they work in our program with lots of differem types of activities, like going to the doctor when you are pregnant, not smoking when you are pregnant, not drinking or using drugs, and buying healthy foods. Our work in the Health Coalitions in DeNon County, we were a founding member of that coalition. That is receiving statewide attention for the work that they have done as a coalition reducing infant mortality rate. What would happen if we didn't have human services funding? In the cover page there is a typo that this funding would support 50% of the salary but it will help to pay for 37% of the salary We improved that position to full -time and the 37% we get from this community enables us to have that full time position that 13verages over 42, 000 dollars worth of volunteer services. If we had to cut that position due to lack of planning. We are submitting for her hours because she is our volumeer coordinator. How do we plan to use that funding? I pretty much have already answered that we would have found additional funds and done everything in our power not to count any. It is important to the agency the city of DeNon stay supportive even in a small was so they can say that the city of DeNon is supportive and our partner in strengthening families. This is not only important to the DFRC but to the City of Denton You have three staff?. - Jean Hinojosa No we have 2.5 staff Of the three staffhow many are bilingual? - Jean Hinojosa None, we are trying to in fact just in the last 30 days I got approval from the board to create a new position for our program 'For Kids Sake" out of the program revenue to create a program administrator. That will be a bilingual hire for certain. You have had bilingual staff before - Barbara Ross We have had bilingual staff in the past. Our past program coordinator was bilingual and was initially hired with funds from the City of DeNon. We had here for ten months but she was able to graduate early from her experience with the DFRC. When she was with us we were serving about 40% of our cliems in workshops that spoke Spanish only. Tell us a little bit about your board and fundraising. - Barbara Meyers Yes, thank you in the last twelve months we have had a complete turn over in our board with the exception of Simone Anderson. Simone has been with us for three years. Our new board has really taken a very strong lead in the area of fundraising. There first meeting of the new board was April 19, 2002 and in four months that had gelled in to a solid body. Simone had an idea of a family athletic Page 101 fundraiser and they put together the family Olympics that netted over $5,000 dollars. That kicked off as a success story and the board thought that they could do this. Right about this time we were approached by a group of volunteers that wanted to open a retail store and had experience in that work. So tomorrow at two o'clock at 218 w. university is the grand opening for family resale that is a resale store. This store sales donated goods and the proceeds go to the DFRC I assume this explains why there is an increase with coNributions and special evens in the budget? - Peggy Kelly Yes, we had a meeting yesterday and we will have our second annual volunteer recognition banquet. When we had that even two years ago it netted right round $2500 dollars there goal they set yesterday is between $2500 and $7000 dollars. So there is a committee of seven that is chaired by the board member that is working on it. Did your audit get finished? - Peggy Kelly No, and I brought Simone to answer the questions about that because I knew you would ask that. Our audit is not complete it is still in the process and what it is our auditor just did not have time. So he has asked me to help him. I will be doing all of the legwork and he will be completing the audit. This will help to keep the cost down and he told us it would be done within 30 days. It is dependeN on ifI can complete all of the work that I need to get done. Who is doing the Audit? - Peggy Kelly Dan Ton, he is going to be the lead auditor. I noticed that in your expenses that you don't have anything listed for audit fee. - Peggy Kelly No, because one year, - It is under professional services. We rolled it iNo professional services and a lot of it is pro bono so at the time we did not have the funding for a full whole audit. Dan has agreed to be the lead auditor and help to keep the fees down. I noticed that you don't have any outside agencies that monitors, is that right? - Teri Rheault Well every agency that we receive funding from monitors us. Like the City of DeNon gets a report from us every month on the money we speN and who we served and how many people were served. United Way is the same way as well as the flow foundation. We don't have the professional staff it have a monitoring visit from an accredited organization to have that type of professional audit. Owsle¥ Summer Playground Thank you for the 9 years of funding. Owsley Service Coalition because of the high crime-rate in the Owsley neighborhood. We were trying to figure out ways of how we could service this community. The Parks and Recreation Department was chosen to start the summer playground and apply for CDBG funding. This showed collaboration and how we were all working together. We are the only summer program in Owsley. When we talk about what difference this program will make? We have a lot of single pareN and female head of household and these kids are pretty much at the time estimated pretty much on their own because they could not afford childcare. I remember going to an apartmeN and all of these kids came out. All of these cousins watching and taking care of each other. One of the kids was in Page 102 Monday's paper and he is graduating from high school this year talking about how this will be his last game, he is a senior. This took me back to the first day and shows what kind of difference this program makes because we are there to help these kids. He didn't come to the center after he past the age of twelve, he started coming to the other project. We just don't stop here with the kids we just keep going with these kids. Also back then there was a big article about how this coalition and stop the congregating in the Owsley neighborhood and their was also an award for how the agencies worked together. What would we do if this agency did not receive funding? Basically we would have to just stop this program. I would hate to see this happen to us. What would happen if you had a reduction in funding? We would cominue the only problem is that we would have to look at cutting hours, days, or weeks of this program. These kids would suffer in the end. For example, last year we asked for $19,500 which we were grained and this year we are going for $23,587. The reason for the increase is because of vans, we only have one van. We were looking at working with Greg Hedges who did get a van but he was moved over to SE Demon so now the program is short a van. Now we will have to transport children with one van this summer. So this is one of the reasons why I increased the monies for this summer. We are talking about 40 to 45 kids to the swimming pool. Also this year with the swimming pool, we have been going to the swimming pool for free but now they are going to charge us a quarter a child this year. We are also looking at those prices this year so that is part of the increase in the budget. Then the question on how do you plan to use this source of funding? We hire one playground coordinator and two playground leaders and it is an eleven-week program. We offer June 2 through August 15 and it is Monday through Friday from 9:30 to 4:00. Basically in the morning time they are in this little building that we do our arts and crafts in. Then at lunchtime, we have a summer lunch program so they don't have to bring their lunch it is a free lunch program. Then afterwards we have field trips for these kids to take them out of the neighborhood. Will your programs be at the same times as Boys & Girls Club? - James McDade I thought that last year was there last year but they are there from 4:30 on. Last year they helped with the transportation. This is a drop-in program and you are open to whoever comes? - Bettye Meyers We are talking about a whole area that is apartments. So these kids are not just staying in the apartmems, kids are transferring around and some kids see for only part of the summer. Some of the kids will stay the whole time but you are talking about that is just the type of neighborhood. It started off as a drop-in program because there wasn't anything out there. It wasn't a place for kids to play it was a parking lot. Parks and Rec converted that area to a little bitty park. Know we are using the cop's office, which is a little office space for all of those kids With CDBG money by the way- Barbara Ross Right You have two Hispanic staff and then one Hispanic staff for the summer, right? - Jean Hinojosa Yes, as far as professional staff at Denia recreation center. These are last year staff and it depends on Page 103 who applies each year. Are these Hispanic Staff members Bilingual? - Jean Hinoiosa Yes, the ones we have are bilingual. Because of the children in the program we have bilingual staff. The head of the program is bilingual; usually we have someone there who is bilingual. Park department going to give you a cut for the waterpark? - Bettye Meyers The will be giving us a cut because we are from the City but still at $2.50 per child. That will be one of the little highlight trips, it would not be a regular trip because we could not afford it. How long have you been at Owslev? - Lovie Price This will be my eleventh year. Denton Housing Authority What difference will the program make? The DeNon Housing Authority proposes to provide direct services through the implememation of a social services program. We have targeted approximately three hundred residems to service over the next year if this funding is approved. The target population consists of youth, adults, elderly, disabled, and families with various types of problems. That include domestic violence issues, gang violence, runaways, lease violations, battery, drug use and abuse, truancy, housekeeping problems, parenting issues, budget problems, unemploymem issues, lack of employability skills training, health issues and other social problems. Evidence from the local police that have been working with the DHA has provided us monthly reports to support those issues and criminal activities at several of our developments. Appro. 1/3 of our DHA developmems have signed a letter of support for the DHA to receive this funding. So they are in support of this need. There are several componems to the social service program. One very critical is outreach, that is why we what to implement this program. We want to have on-site services where our families will be able to receive the type of support services that they need. information and referrals, home visits, and advocacy and linkage will be provided to those families. Case managemem is another critical componem, individual and family assessmems, crisis imervemion, would also be dealt with; individual and family group counseling, developmem and independem living skills for all DHA families. Another critical componem is follow up services and then evaluation of the services to measure they need value and the residems satisfaction with it and the success of that particular social service program. What would happen if the agency did not receive this funding? The DHA residems will be under serviced umil funding is available support this need. Curremly all Housing Authority funds are obligated to other agency funding services and operations. We have projected for the next four years to utilize this funding. Year 1 request 100%, Year 2 75%, and Year 3 if we are not in an position to support the salary of the social services person we would be asking for 50% of the salary. Page 104 How do we plan to use the human services funding? We want to hire a social worker to service over three hundred families for the type of problems we have described. If we were not able to fund the whole salary_ could you fund part of the sala _ry? - Peggy Kelly Currently, no we only have funding for the fringe benefits we could not support part of the salary. Is half a social worker better than no social worker? - Peggy Kelly Absolutely, I cannot say anything different that that. Some services are better than no services. Your diversity on your board is outstanding but has the size of the board always been so small? Jean Hinojosa Yes, and we just received a letter from Mayor Brock who has stated that she would like to increase it to seven members. She has submitted a letter to the local HUD field office requesting the process that she needs to take to implement that. Since she appoints the Board. - Barbara Ross Right, she does appoint the board And does HUD have regulations about the board number? - Peggy Kelly There are regulations in place that support the number of board members on your housing authority board. I believe it can be five or seven. We right now have five and she has requested the increase to seven. It is kind of hard to imagine with an 11 million budget that you cannot squirrel away money for a position that you obviously feel is so essential to your whole operation. - Bettye Meyers Absolutely, But the funding that we currently have in place has been obligated. We do not have any additional funding at this time but in the future we will. Currently our staff is working very hard to identify other projects that we can take on as a housing authority. The funding that is available to us from the local field office. So we will be applying for additional funding to bring into the organization that is not obligated that would be obligated to support services. What is you budget year? - Bettye Meyers October 1 to September 30 Does HUD have any regulations of the salary_ range, is this a local decision? - Peggy Kelly Well there are studies done from various housing authorities. So the board has the ability to investigate that it is their responsibility. So when you have a range of $87,000 to $100,000 you're just set that as the range? - Peggy Kelly Yes they approved the range. That is a little high for Denton that is not your problem? - Peggy Kelly No, unfortunately I have enough problems a lot of challenges. Page 105 PC Donations What difference will the program make? It is an organization that is curremly operating out of Washington DC and Mississippi. This is a three- fold organization but in Demon it would be a two fold. One part for youth and the second part would be for adults with a six weeks training. At the end of the training they would be able to take the computer home. At a later date, we would like to have job placemem training. The basic goals of PC donations is to provide computer training to youth and adults as well as a computer to those who might not otherwise be able to have one. What would happen if the agency did not receive this funding? At this poim in time the chapter in Demon is still organizing. In this case, we have applied for the shell foundation grams as well as Target. At this poim in time we could use funds from programs in DC and Mississippi where we do have some fundraisers set up. How do we plan to use the human services funding? We would use the funding to help start the organization; the funding would be basically for supplies. We would like to purchase the pc's and necessary supplies. The classes would have six people. What kind of local linkages do you have to jobs? - Elinor Hughes We have spoken with a trucking company; the workforce commission and the United Way have all been imerested in working with our job placemem. Are you working at all with the libra _ry and the Ci_ty of Demon on the Tiff gram? Barbara Ross No, we hadn't heard about that. On your budget sheet, your expenditures and income sheet do not match? - Betty Tomboulian I would say that there is an error. Also supplies, where are the computer purchases on your expenditures. - Betty Tomboulian That should be the bulk of the expenses. Do you have a location? - Betty Tomboulian At this poim we are not operating out of a place that we are reining. I have made contact with some members where we may be able to meet in a couple of church facilities were we can use the pc' s that are already there To conduct the classes, correct me ifI am wrong, you will need to have the computers networked - Betty Tomboulian Actually, I have been blessed my husband has everything that we need. He has a networking card that he can go in a plug up the computers that we can link the computers without imposing on the network of the system of computers being used. On the $30,000 is that going to be for supplies or for salaries? - Jean Hinojosa The money that we are requesting for you is should be for supplies. We were looking at reining a Page 106 building but at this particular time since we don't have it set up we were unable to get that building. Now at this point we are going to work with the ones that have donated their time so we are not going to need that $30,000 salary. At some point we would like to bring in some teachers to do some specific training and then we would need to pay and compensate the teachers. At this point for start up it is not needed. You also have expenses for client rent, utilities, food and transportation, the total on this is about $4800? - Betty Tomboulian That is at some point, the organizations in DC and Mississippi have day cares on site and what they call help shelters. Where people actually come and stay. At this point PC donation chapter is not there yet. You are using the DC and Mississippi chapters as the model? - Betty Tomboulian Exactly, I am trying to down size it to fit our needs Will the clients that come in to work with you have to pay a fee or register? - Jean Hinojosa No, we are not going to charge them anything. But there can be a registration fee but it can be waived. It will depend upon income we will be targeting the low and very low-income clients. Fred Moore What difference will the program make? We provide low to moderate-income families with childcare at affordable prices. Our goal is to give excellent day care not just average but excellent childcare that allows the normal average working family to have childcare but still be able to pay there bills and lives. These are very vital services. We serve families with children ages six weeks to five years. We try and prepare the children for kindergarten and really compete with families that have more income and opportunities. We try and get them started on the same page; we try and make a well-rounded child. If they have issues of medical care or dental care we try and address all of those problems so when they get to kindergarten they are really ready to learn and they are prepared. What would happen if the agency did not receive this funding? The only option we would have would be to raise our tuition rates. At that point we would feel like we are just like any other childcare center. We would not be providing that important service of affordable childcare. How do we plan to use the human services funding? We are using our funding to pay salaries for four teachers. I noticed the program income going up? - Peggy Kelly Yes, it is two dollars per child per week. So you already have to increase? Peggy Kelly Yes, eight dollars month starting in March. For the programs we are offering because our teachers have not had a real raise more the ten cents in the last four years. So we would like to be able to give them an increase. We have five teachers in a childcare associate degree program and we would like to Page 107 be able to compensate them for that once they finish. We are trying to allow for the raise. What do you charge monthly now? - Jean Hinojosa It is on a weekly basis and I think that for infants up to eighteen months is a flat rate of $78 a week it will go up to $80 a week. That is about half right now of what the average childcare services is charging. Once they get out of that room it goes sliding scale based on the income and rages from $43 dollars up to $73 dollars for a toddler still in diapers. Must of our families, probably 50% of them pay on the lower end of the sliding scale. I noticed your projection for CCS Money did you run imo a problem this past year because they ran out of money. - Bettye Meyers Yes, they did and we had a lot parents. When they ran out of money, a lot of the rules got a lot tighter. Parents that weren't turning paper work or who were missing too many days were being put off. We lost a few families that way we projected a little looser because we just got a large chunk of money and they are pulling their weight on this now. We are getting a few of these families back. Right now we are full. We average out and project our budget. We had a very tough year last year. Do to the age of the building and maimenance on the building. Do you have a wait list? - Carol Bounds In our infam room we have a year and a half wait list and there is a long wait. This kids move up through the program. For toddler and infam care there is no other low cost program in DeNon. If you had the money how many could you serve - Carol Bounds Well right now we serve about 50 people that we can allow and we are at that capacity For a long while you were at a slightly lower child to teacher ratio? - Barbara Ross It is lower because we go through the accreditation process and the national association is a little tighter than what the state ratio is. We are more relaxed than what the state ratio but than when I have a teacher out it are not putting me in jeopardy of being over the limit. I am not going to get cited for supervision. At this point we can't afford to have extra people there. If someone is out I have to be able to cover that room. This is an all day program - Lovie Price Yes, it is a full time program. We actually have written a grant, if we get it we will open a little earlier. We are opening right now from seven to six we are trying to open at six for parems who have to be at work at seven or six thirty. Ridin~ Unlimited What difference will the program make? Riding Unlimited provides therapeutic horsemanship for individuals with disabilities. Therapeutic horsemanship provides physical, social, educational, and emotional needs of those with disabilities. What would happen if the agency did not receive this funding? If we received limited or no funding we would still let the children ride. It is our policy not to turn children away. Within our own with our fundraisers we would find away. Page 108 How do we plan to use the human services funding? The funding would help to provide financial assistance to those who cannot afford to pay for the riding sessions. Why is the DeMon % so low? - Elinor Hughes Actually since that has been done we are up to 20% right now. I'm really not sure, bM we have been making a big push to make sure that everyone knows we are right here. So maybe it has just been that people needed to know aboM our services. We have been pushing really hard and going to school districts and to doctor's offices. You don't have any Denton board members? Peggy Kelly No, we would love to have some DeMon board members and are looking for board members from Denton. What is your most recent audit? - Barbara Ross We had an audit for 2002. We would love for you all to come and look at our program. SPAN What difference will the program make? Span nutrition program addresses the senior population in our community in two ways by providing a hot noon meal daily. We are promoting the physical and health and by offering good nutrition in as atmosphere conducive to better meMal health and socialization. We help build healthier communities. Assessments show that in the congregate meals in the elder center and a legion hall and Denton senior center 40% of the participates benefit in a positive way by good nutrition meals and 80% show a positive result by a better oMlook and are stimulated by the social iMeraction with the elders. In the homebound meals delivered 62% show that by receiving nutritious meals on a daily basis and a 100% of these meals are home bound. The good news is that 10% of the homebound reported showing improvement in their health that allows them to visit the congregate meals site. Then they receive socialization there. It is a positive thing for us, that the homebound elderly can now go oM and do things and to really enjoy that socialization. I don't know if you have been a home delivered meals voluMeer bM let me just say that those voluMeers bringing the meals to the homebound recipieMs means so much more than the actual meals themselves. Of course, the nutritional is important but that visit and a friendly smile, we always that is one of the good by products of that meal. One other thing is that those voluMeers are worth so much that we could not provide meals by the amount that we do. They also notice things in a home and they can alert us to unsafe situations in a home. What would happen if the agency did not receive this funding? This would seriously limit the number of citizens we serve. Certainly it will make the waiting lists longer. It is more than just get a good meal every once in a while, it is the nutrition and socialization helps seniors to have healthier lives. How do we plan to use the human services funding? We simply purchase meals with these funds and they only go to city of DeMon resideMs. Page 109 Is there a drivers that deliver the meals or volumeers? - Jean Hinojosa Yes they are drivers for the transportation aspect of SPAN it is our primary mission and you must be a senior. But we are not asking for funding for the transportation portion. How many meals do you deliver a day? James McDade Home delivered meals are almost up to 100 meals a day in DeNon. They have grown immensely and we get new clients everyday. Can you provide special diet meals? - Teri Rheault The only thing we can do, yes we provide diet meals. We just provide a differem dessert or something. Our meals are very carefully analyzed by nutrition and the must meet 1/3 of the federal required standards for daily nutrition. They are usually low fat and low sodium. So we can do a little bit of help as far as people who have diabetes. We also provide extra meals to the homebound senior if the y is need. Do you have board term limits? -Peggy Kelly Yes, they have two-year terms and can serve for two consecutive terms but after that they must be in a new position. We are trying to get new people on the board If you think of where you started and where you are now it is a compliment to the whole community I think. - Bettye Meyers Yes, the City of Demon has been helpful to us for all of these years. This is not always that way with other organizations where it is a new ballgame every year. HelpNET What difference will the program make? The importam to the community because social service coordination is a big part of what many many groups are doing like HUD and Tx dept of Housing and community developmem. It is cominually spoken about as one of the big needs in DeNon. The work that we are doing is very much part of what is needed. You can see from the sharp increases in cliemele over the last several years that need is growing. What really surprised us this year is that the other issues were just as busy during the Christmas season when there is usually a slow period. This year the needs did not come down. What would happen if the agency did not receive this funding? That is a hard question to answer other than we would tighten our belts and try and make it up in some other places. One of the things I would like to poim out to this group although it is something most of you might know is that HelpNET is a behind the scenes group. The work is important but it is not the group you see pictures of providing assistance to the kids. We are to social services what the stage crew is to a play, nobody knows their names nobody knows who they are or bothers with them at all. Except can you image having a play without them. That is a whole other role that HelpNET plays. I say that to say that HelpNET is a little harder to fund than some of the other agencies. We do not have the hooks to get some of the private donations and we also don't fit with a whole lot of grants but there are more and more grants coming out to us to deal with the type of work we have to do. Most grants are for specific issues like housing, food, and education very few of them are for coordination. There are some out there and of course we will work on those. We will be in a world of hurt financial if we Page 110 do not receive the funds. We will survive but will not provide as good as service because we are at capacity. We recruit volunteers and they do good work for us but there is a limit to what volunteers can do. We do have to have some paid staff that is regular and accountable and works on a day-to-day basis. How do we plan to use the human services funding? The funding will go for salaries. The current amount goes to our bilingual intake worker. The additional requested funds will go to hiring another bilingual worker to keep up with the demand. Executive Director salary_ is less and I don't see intake worker? Betty Tomboulian By the time you ad FICA and everything it comes right up to the $22,500 and Melody's title in our agency is program director. She has the title of program director because she supervises the volunteers and stuff. What is the term of service for your board of directors? Jean Hinojosa The term of service is a three-year term that can be re-elected after they have served two terms they have to be off at least one year before they can come back. How do you see that you can encourage more diversity on your board? - Jean Hinojosa Finding board members especially in the minority community is a big challenge. We have one opening right now and one of the reasons why it is still open is that we are holding it until we find someone from a minority community. We have talked to three people, who for various reasons, have declined. We are aware of that situation and we work hard to correct it but it is always a challenge. You have asked for $40,000 for one person? Bettye Meyers No, the funding will be for two persons for the current position and to hire an additional person. What is HMIS? - Jodi Vicars Nance The HMIS is the Homeless Management Information System that is one of the HUD programs. Two years ago that agencies like HelpNET served a very important function to report information to make a determination on the effectiveness of the programs. HMIS is essentially what HelpNET has done for several years now as a single depository of information. With another person as an intake worker, it will free up time for me to work on the HMIS for Denton County. Children's Advocacy Center for Denton County What difference will the program make? The program is already making a huge differences just think what life was like before advocacy centers when approach to investigating and prosecuting the cases for these kids was fragmented. Pretty much it was the word of the child versus the word of the offender with the defense attorney in the face of the child on the stand. Imagine the trauma that the child had to go through and what were the chances of that offender being prosecuted slim to none back then. Today the difference is that advocacy centers are able to both ensure justice through the prosecution process and heal. Without prosecution there is no opportunity for healing for these children. We provide free counseling and therapy as well basically working on both ends. Page 111 What would happen if the agency did not receive this funding? If we loose funding from one municipality particularly of DeMon's size then the possibility of loosing funding from the other communities does increase. It snowballs because as you have asked how much does each community give if it is less than what are the expectations it will hurt you. Right now with funding decreases we have gotten VOCA cuts, it would hurt quite a bit to have to get another reduction. How do we plan to use the human services funding? Direct services, totally 100% direct services $8,000 of the $12,000 is for the clinical therapists. The other $4,000 is for the childcare because we provide on site childcare, because it is so hard to find evening childcare anywhere. Talk about the diversity of the board of directors? - Bettye Meyers Actually when I started as executive director the board was 100% Caucasian. If you know me and you know what I am about then you know that doesn't was with me. It is very important to me to have diversity on the board both geographically as well as with talem and skills and also ethnic diversity. At this poim we have approved one African-American board member so far and I have an application right now in my hands for a second African-American board member that I believe will probably be inducted imo the board in March. I have two individual of Hispanic descem that I am talking to and trying to persuade to join the board that I think will be outstanding additions. I also have emertained an Asian board member who is just not ready to join the board at this time. That is very importam to me and I would welcome that as a potemial outcome measure if we were awarded funding. Does Flower Mound? Peggy Kelly Yes, because after DeNon the have the second highest use of services and they give the same amoum that the City of Denton gave last year too. Lewisville also gives money to the center as wells. Last year we are fortunate that they gave us about $23,000. Do you have a waiting list? -Carol Bounds We don't have a wait list because a call comes to CPS or 911 and there is a cross referral between law enforcemem and CPS and that child is brought to the advocacy cemer within 96 hours. The only waiting list would be for therapy services and that is only the time it takes to pair the client with the therapists for scheduling. That happens within a week in half or two weeks at the most. There are a lot of external referrals to other therapy sessions. Is it likely that the numbers will continue to increase? - Peggy Kelly Sad, but true while we have to report numbers but it is not a good thing because if we serve one child it is too many. The numbers are going up due to population, increased likelihood to report, and the third reason is the economy for some of the physical and some of the sexual abuse. Are you looking for new space? - Peggy Kelly Yes, we are in a capital campaign because we have to. We have purchased land across from where we are right now because our currem space is just too cramped. In terms of other space we are looking for some free space to provide satellite service in Denton at least for a couple of nights a week. Page 112 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 19, 2003 Members Presem: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Jodi Vicars-Nance, Teri Rheault, Lovie Price Members Absem without Notification: Betty Tomboulian Staff Presem: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Developmem Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00 PM. Mr. McDade stated the minutes of the February 12, 2003 minutes would be approved at the last scheduled committee meeting. At this time, agency hearings for 2003-2004 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Denton County Friends of the Family What difference does our program make in our community? Denton County Friends of the Family works to empower women to feel safe without our services women would have to go to Dallas. How do we plan to use that funding? The funding will provide direct services to families. Is increase in the budget due to salaries? - Bettye Meyers The budget increase is due to a 12% rise in the number of shelter cliems and a 20% rise in the amoum of other provided services. The budget increase is not to increase salaries but to increase the portion of salary paid by the City of Demon. Please explain the decrease in other funds? - Peggy_ Kelly The decrease in other funding sources is from reduced Federal grams including VOCA funds. The agency has worked on some strategies in order to increase funds obtained through fundraising and independem donations. We appreciated the copy of the letter to the auditor. How often do you change auditors?- Bettve Meyers. We go out for bid every three years and curremly are in the bid process. Page 113 The budget sheets columns do not match? - Elinor Hughes Probably a mistake in Column C and the actual budget is the budget as of September. an updated budget sheet. We can provide Is your client base predominatelv Caucasian ? Has there been an outreach programs to the minority communitie? - Carol Bounds Yes, the client base is predominately Caucasian. We have had several outreach programs to the minority communities. One problem is a lack of bilingual staff. We see more diversity in the shelter residence clients than the counseling clients. Why do you not serve more seniors? - Teri Rheault Seniors are more likely to go to Adult Protective Services for assistance than to use our services. I am concerned that all of the income categories are less in revenue resources? - Peggy Kelly One problem with the income/revenue reporting is the Lewisville United Way does not count designated funds in the community funds. We have revised our budget to ask for $67,000. The current amount in the application is a discrepancy that should be remedied. Some of the other local grants will be less this year. Please put explanative iqformation in the budget narrative. The thr~£t store is expected to double sales? - Peggy_ Kelly Yes, we have double the sales in the stores. Why was the application late- Elinor Hughes There were some technical difficulties with the application itself and too much time was spent trying to correct it. There were just beginning errors. END OF DENTON COUNTY FRIENDS OF THE FAMILY Interfaith Ministries What diffkrence will our program make? This is a cost effective program that keeps people in their homes. Some clients have chronic or major illnesses. People rarely have one problem; there is usually a wide range of problems. It maybe that other problems caused their utility problems. We sit down and do a budget and help with other needs. Virtually all of this money comes back to the City of Denton as a utility payment. With out this program people would not be able to pay the bill. What would happen if we didn't receive your funding? We do not assume you will give us funding but we realize this is a tight budget year. We will try and pump up the Plus One Utility Assistance. The other choice is to see fewer people or to provide less service. We have tried to provide fewer services in the past and found it ineffective. How we are going to use the funding? These funds will be used for emergency utility assistance for low-income residents. Page 114 Is there a waiting list, only 5% Qf the potential clients are served? - Carol Bounds No, there is no waiting list because of the nature of services. If necessary, we give less per request to increase the number of requests funded. Only 5% of the potemial cliems are served due to the number of requests rather than the agency turning people away. There is not a lot of diversity on your Board? - Teri Rheault We are trying to increase the diversity of our board. We curremly have one African American board member but board membership is this month and more diverse group of members may be selected. We have lost several board members in a short period of time including two African Americans. END OF INTERVIEW HOPE, INC What difference does our program make in our community? The program helps families facing homelessness or who are curremly homeless. The two programs differ in the amoum of time the cliem can have in the program. The program provides housing and self-sufficiency services. The transitional housing services offered are a top priority in the cominuum of care for the City of Demon and the Demon County Homeless Coalition. What would happen if we didn't have human services funding? We would cut services because the city funding is match funds for some federal and state grams. HUD priorities include financial support from the local government. Currently, the program is able to serve 26% of the need. How do we plan to use that funding? It will go towards homeless services and prevention to pull toward self-sufficiency and as match funds for other grams. What is happening to those you cannot help? - Bettye Meyers It is difficult to track because they do a variety of things like double up become "sofa" families, etc. This funding has allowed us to assist 18 families rather than the 15 that must be served. Does the Salvation Army help with the overflow? - Jean Hinojosa Yes, if they are truly homeless. If they are prevention cases, we try and look up other services. We work together with other agencies to provide services.. Who is the auditor? - Carol Bounds Dan Ton, There is a1999, 2000 and 2001 included in the application. The same audit firm was used for all three of the audits. END OF INTERVIEW RSVP What difference does our program make in our community? We provide valuable volunteer support services to agencies. We have taken on a new initiative with Page 115 the City of DeNon, CERT, a community emergency response team. What would happen if we didn't have human services funding? The loss of this funding would affect Pat who is our voluNeer coordinator. recruited over 100 volunteers this year. Over the past year, Pat has How do we plan to use that funding? Funding is for the voluNeer specialist who has provided coNinuity in our voluNeer services. You have done a terrific job of diversity on the Board? - Jean Hinojosa Thank you, we are willing to help other agency's find board members. Where are the collecting hours for Our Daily Bread? - Peggy Kelly We will have to check with the coordinator to see if the hours are being recorded. Has there been an increase in the number of groups who wan help - Bettye Meyers There is more need for volunteers. We are finding more volunteers who want substantive placements. In 2003, we have three new stations asking for volunteers. END OF INTERVIEW Salvation Army What would we do if this agency did not receive funding? We would have to reduce services or close the doors on the transitional services. Then the question on how do you plan to use this source of funding? We would pay for the two positions Numbers on capacity decreased? - Elinor Hughes Yes, that was for a reason. I tried to do a conservative Number of how many people we will serve because we do not know how many people we will be serving. If you come back next year fro funding, the figures might have increased? - Peggy Kelly Yes In Line Program income, what does that mean? - Peggy Kelly Our transitional program pays 10% of what they make. We also collect rent on a house where some college students stay. There are no minorities on the Board of Directors? - Jean Hinojosa We do not select the board of trustees. In the advisory board we have one Hispanic. We are trying to grow our diversity. Has it always been this way? - Lovie Price No, it has not been and we are focusing on bringing in diverse board members. Page 116 Do you have any bilingual staff?. - Jean Hinojosa Yes. Can others use the shelter services? - Peggy Kelly Yes, my personal rule is that no one eats with out a shelter. clothes at night so others can use the laundry facilities. The transitional clients can not was If they do not have a job what happens? - Lovie Price They have seven days to get a job, one full time or two part-time jobs. If they loose them then they have seven days to find another job. If they have problems then there is an extension available. It is important for us for them to have jobs. Is it harder for them to find jobs now? - Carol Bounds No, because some people can find jobs in two days. A lot of it depends on the people. What level of jobs? - Teri Rheault Everywhere from laborer to skilled jobs to office workers but mainly skilled level jobs. Are the beds reserved for Transitional Housing? - Elinor Hughes Yes, it is reserved some of them will take a mat to sleep on the floor for others to have their space and some will come and sleep on a mat. Do you turn people away? - Carol Bounds This winter we had to turn away one family and a single father with children because there was no room or appropriate facilities available. When you turn away do you refer elsewhere? - Jean Hinojosa Yes, we try and refer to somewhere else and we refer to churches. How do you know which churches to call? - Jean Hinoiosa Staff knows what churches to call. END OF INTERVIEW Girl scouts Testimonial presentation with Girl Scout and mother for the chances program. What are the ages served? - James McDade Mainly elementary school, we have some older girls at MLK- middle school from 11 to 15- in a year round program. This is possibly we will expand the Denia program to a year round basis. The person who runs the Chances program is a paid staff member? - Carol Bounds Yes, she works to set-up programs and actually does the program delivery with the girls. Page 117 The money is for salary_? Peggy Kelly Yea, it is to go to a part-time salary and materials would be free. Since the board roster is missing, how many board members are from DeNon? - Jean Hinojosa Out of the 22 board members we have eight members form DeNon and two are the girls. The application did not receive board approval? - Peggy Kelly Yes, the board has approved the application and the presidem of the board has signed off on the application. Will the part-time employee be bilingual due to the number of Hispanics? - James McDade Hopefully, we have learned that with children the bilingual staff is good but not necessary. The problem comes in with communications with the parems. END OF THE APPLICATION Walking Prayer Clubs What difference will the program make? This is a program that will bridge the gap between community and schools. What would happen if the agency did not receive this funding? We would cominue with fundraisers, bake sales, car washes, etc. How do we plan to use the human services funding? For teaching supplies and office supplies. There are no Hispanics on the board? - There is one on the Board, Annie Perez and we will increase the number as the program grows. 501(3)c, bylaws, and other things are not included in the application? Peggy Kelly I just heard on the taxes and I have a copy of the articles of incorporation and by-laws. What kinds of emergency services are provided? - Teri Rheault At school, when a child has a problem, we work with the children and take them home or carry to parents. Who or what are certified teachers. - Elinor Hughes These are teachers who are certified to teach school. In addition we also have custodians and bus drivers. We work in the evening and on weekends. How long has the program been in existence? - Lovie Price We have been in service since 1998. Page 118 How did you get the name? - Jean Hinojosa The Lord gave it to me. Do you need a van? - Lovie Price We need transportation because many of the parents have not been able to provide transportation. Is this for directors or for supplies? - James McDade It will go to supplies, this will be for supplies. As of this month, we have members who are starting to pay dues of $10.00. Question about the actual revised budget? - Betty Tomboulian We do not currently have money expenditures. The information should be for a proposed budget rather than an actual budget. Do you pay phone bills of six hundred dollars? - James McDade Yes, the phone bill is about two hundred dollars a month. Does the club walk around the schools? - Elinor Hughes We have volunteers walk around the perimeter of the campus and pray around each campus. This is an after school program? - Bettye Meyers It is an after school, evenings, and on the weekends. We are available at anytime during the day. The program is on a one on one basis over a long period of time. END OF INTERVIEW REACH What difference will the program make? Services for programs with disabilities and is a support group. The key factor is the counselor himself having a disability. What would happen if the agency did not receive this funding? We would not be able to have the support group. How do we plan to use the human services funding? They are strictly to pay for the counselor Are the funds you get for other programs from other agencies? - Elinor Hughes Yes, federal funds cannot be used for this counseling group. There are no minorities in the group? Jean Hinojosa We have had a really hard time getting responses from minorities. We can have on-site bilingual staff for Spanish speakers. Page 119 Is the information getting out? - James McDade Yes, we do the health department and several other monthly meetings as well as mail outs. Could you have referrals from other agencies ? - Jean Hinojosa Part of what we do is information and referral. Have you tried contacting churches? - Lovie Price Yes I have served on the board and part of it is cultural and there are not a lot of resources - Teri Rheault Where are your meetings? - Bettye Meyers We are meeting at our offices. Is it an ongoing program or does it have an end? - Bette Meyers We have been trying to help new people. We do have a core group of five or six people who see it as a continuous program. Others come and leave over a short time. It is hard to justify the benefit of money for such a small number of people. The group members could not afford professional counseling. END OF INTERVIEW OWSLEY COMMUNTITY AFTER -SCHOOL What difference will the program make? The after school program has a big pay off by keeping children off of the streets. One of the biggest differences is the rise in the children's test scores and school rating. What would happen if the agency did not receive this funding? We would not have enough funds for the staff to work with the children. How do we plan to use the human services funding? The funds will be used for program staff. Are you aware of the Calhoun after school program? - Bettye Meyers We follow up with the elementary school children but not with bussing. Some middle school children ride on the bus straight to the community school to be closer to home. This stops them from walking home after school. Were all of your students Hispanics? Jean Hinojosa No, some of our staff is bilingual. We also have donated staff from Boys & Girls Club and Campfire Girls. This helps to bring the program up to six or seven staff members. Language is not a problem since four of the seven speak Spanish. How many kids are you serving? - Peggy Kelly Page 120 We have thirty on a regular basis and depending on the weather we will have more. If you look at the cost of day care we are providing about $22,000 of childcare services. Please clarify the staff role of the Boys & Girls Club - Peggy Kelly After the change in administration, the Boys and Girls Club asked to maintain a presence in the area by volunteering the use of their van and two staff members. The program administration and curriculum is still provided by the Owsley Community School. We do not know what the future commitments of the Boys and Girls Club will be but the program is not dependent on their staff or van. Adult Education Program The funds are for people to be on-site to coordinate the program. We have to see a staff person as the only concrete person on site. The vast majority of the budget is for salary for administration. We have a multifaceted program and need a central point of contact. We started adult education because of the need. With the adult education program we are looking towards having adult education accreditation. We have seen an increase in the number of people in the program and changes in their lifestyles. People are able to move out to other parts of town and on to better jobs. The coordinator is the hub of the program. It is hard for the director to be on-site; it is essential for the coordinator to pick up the slack. The coordinator does all of the support work the keeps the volunteers organized and happy. They also keep the office open during the day and field a number of questions. What does the adult education program teach and how many adults are in the program? - Teri Rheault It is an ESL program but the intent is to help lead them towards a GED. There are various levels of ESL and GED taught at the school. In addition, we teach a lot of practical skills, like how to use a checkbook. All of our programs are free to the public; our motto is "No Excuses". We have had as many as forty people in the program. Our female enrollment female as well as couples enrollment has increased. How much of the narrative for the two programs is intermixed or funds commingled? Peggy Kelly. The one application with the budget for a staff person salary is totally separate from the other application. The After school program goes for the upkeep of the after school program. The two applications can be combined into one application with two programs. Who does the audit? Bettye Meyers. We are working on the audit and are using one of the Universities classes for a reduced price with Roy Andersen as the coordinator.. SICKLE CELL DISEASE ASSOCIATION What difference will the program make? There are 9,000 people with sickle cells and 85% are low income. We provide help with $.89 of every $1.00 going to direct services. We have technical and general population education. We also do Page 121 cliem and family services including genetic counseling. What would happen if the agency did not receive this funding? It would hurt the program; we have been providing over 3,000 units of services. The program could not operate as well with out the funding. We would try and make the best use of our available funds. How do we plan to use the human services funding? We have some major objectives with healthy communities in Demon. We will cominue to provide services to people in Denton. Have you been accepted in Denton Schools? - Bettye Meyers No &Yes, we have to get parent permission to talk about some issues. In schools, we talk about science of sickle cell with an imeractive game to teach about health and wellness. Is Head start still doing the screening and testing? Lovie Price Since 1983, newborn screening has been in place. Page 122 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 12, 2003 Members Present: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Jodi Vicars-Nance, Teri Rheault, Lovie Price, and Betty Tomboulian Members Absent without Notification: Staff Present: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00 PM. At this time, agency hearings for 2003-2004 applications began and proceeded with Family Health Care providing a ten-minute presentation including a question and answer period. Family Health Care The volume of clients increased over the last year even though a clinic has been opened in Flower Mound. Due to the large number of clients and increased services needed per client, the program had to close to new clients as of February 18, 2003. The clinic continues to see the current clients in the program. The women who are receiving services need more visits due to poorer health conditions. The problem is that once the women are accepted in to care a contract is signed for nine month's of services. The available funds have not been adequate for the number of services needed. One local hospital provided $30,000 to help cover the needs of the women under contract. Another local hospital will probably provide an additional donation. The doctor has agreed to negotiations to reduce fees for service. In addition, Family Health Care is working on having the lab work done at the local hospitals in order to alleviate the portion of fees and service reductions absorbed by the doctor. At this time the clinic is paying out about $4,000 a week to provide the needed services to the clients. All of the services are going to women who are not eligible for Medicaid. Although many of the women are undocumented residents, their children are US citizens. How long do you thinkyou will have to be closed to? - Peggy_ Kelly We are closed to accepting new patients probably until October; the clinic will continue to be open to the current patients. We have used all of the County money and all of the CDBG funds. I am going this week to Lewisville for CDBG funds. Did you know that Flower Mound now receives CDBG? - Barbara Ross Yes, I did not have enough statistics to convince Flower Mound, but I did have enough to convince Lewisville. Are almost all qf your clients undocumented residents - Bettye Meyers. Page 123 There are also students from the universities that are here on student visas as well, they can't get private insurance and don't qualify for Medicaid. Does the university y(ive the students free medical treatment? - Carol Bounds Not Prenatal care. Everyone is terrified of pregnant women. What account&for the sudden increase in the number qf clients and services needed? - Peggy Kelly All of us have been trying to figure it out. These individuals did not have private insurance so it is not because of loss of insurance. As bad as it is here it is worse down there. They are on the street corners and working at all the places that most of the Americans do not want to work. They are not really taking jobs away from; they are trying to make their co-payments as much as possible. Even that has decreased, at this Family Health Care they owe us $2700 and what they could not pay. I understand that it is hard to pay for two visits a week without insurance. Any one of us would have a rough time. What percentage are students? - Barbara Ross Maybe two or three percent, it fluctuates with semesters. Doesn't UNT have a pregnancy-counseling program ? - Barbara Ross It is probably just for a pregnancy screening test. END OF AGENCY HEARINGS James McDade, Human Services Advisory Committee (HSAC) Chair, began the deliberation portion of the meeting. Mr. McDade asked for approval of minutes for the past. Peggy Kelly had a change to the minutes on February 6, 2003. Ms. Kelly requested that in the City County Day Nursery section the reference to the Ann Windle school should be changed to the correct spelling and that the comment was made by the presenter rather than Ms. Kelly. The minutes for January 29, 2003 meeting were approved as presented. The minutes for February 6, 2003 meeting were approved with the necessary corrections. The minutes for February 12, 2003 meeting were approved as presented. The minutes for February 19, 2003 meeting were approved as presented. PUBLIC COMMENT PERIOD - Mr. McDade asked for any public comments. There were no public comments REVIEW OF SCORES FOR THE 2003-2004 FUNDING APPLICATION Ms. Wendy Nails explained the summary of the application scores provided to the committee. The agencies were listed from highest to lowest score. The summary provided the average score with the highest and lowest score dropped, the high and low score, number of recommendations for or against funding the application, and recommendations for low, medium, or high funding award levels. In addition the committee was presented with a letter from the Mayor requesting that two budgets are formulated due to the scarce resources available to the City for the next budget year. The two budgets requested were one budget with level funding from last year and a budget that is reduced by the amount of the CDBG allotment reduction. Page 124 Page 125 The amoum of discretionary funds from the City Council Members will not be included in the amoum of funding allotted last year. Upon discussion the committee decided that all applications with scores below 70 would not be considered for funding. Members discussed not funding any applications with scores below 84 due to the limited amoum of funds. There was a discussion of the programs provided at the Owsley Community School. it was decided that the Owsley Community School in fact ran the programs therefore it was not necessary to provide funding to the Boys and Girls Club. it was suggested not to fund REACH or Riding Unlimited due to the small number of participants. The committee agreed to not to fund any applications with scores at or below the Denton County MHMR - ASAP application with the exception of Adult Day Care and the City of DeNon - After School Action Site. Of the remaining applications only the Cumberland Presbyterian Children's Home and the DeNon Housing Authority did not receive awards from the Committee last year. The Committee discussed cutting the funding levels of last year's awards in order to fund the two applications that had not received funding last year. Members discussed funding half of the DHA position. The committee was informed that the DeNon Housing Authority was hiring a position for developmem in order to find additional funding sources for the Housing Authority. The committee decided not to fund the DeNon Housing Authority position this year. The committee decided to fund all of the remaining agencies at last year's funding awards including keeping Cumberland Presbyterian Children's Home to the $4,000 amoum allotted from discretionary funds. After funding Cumberland Presbyterian Children's Home, since Fairhaven Retiremem Home did not apply for funding an amoum of $3500 was available for awards. The committee discussed what agencies needed additional funds in order to split the remaining $3500 among other applicams. Award increases were suggested for the: Salvation Army, because of their help during the hard economic times; Fred Moore Day Care, due to the large community need for their services and the need to increase the salary of teachers to maimain quality care; AiDS Services of North Texas, due to the reduction in federal funds; Family Health Care, due to the increase in the number of cliems and services provided. The committee decided to award the remaining $3500 by allotting an additional $1,000 to Fred Moore Day Care as requested by the agency and $2500 to City County Day Nursery. These additional funding amoums would be matched by federal funds for childcare. The committee discussed a penalty for Friends of the Family due to their late application. Concerns were expressed that a monetary penalty would not hurt the agency but the clients who receive services. The committee was concerned about agency timeliness for application submission if other agencies learned that late applications would be accepted with no penalty. The staff recommended that the committee set a firm policy about late applications that would be enforced for the next funding cycle. The committee suggested at least a ten percent cut in the funding. The committee decided that a ten percent reduction in the committee award to Friends of the Family would not damage the agency but Page 126 would send a message that late applications are not acceptable. Staff suggested that the penalty for late applications be included in the HSAC policies and procedures rather than just being a staff policy. In addition, in application training agencies should be told that late application would receive a minimum of a ten percent reduction in the award. The committee requested that a letter be sent to Friends of the Family explaining that their award was reduced by ten percent due to the late application. Because Friends of the Family was awarded an amount equal to last year's award, the assessment of a late penalty created a small amount of funds to be allotted. The committee decided to split these remaining funds between Aids Services of North Texas and Family Health Care. This completed the discussions for the budget with level funding to last years awards. The committee had a ten-minute recess before deliberations for the alternative budget to include the CDBG allotment reduction. The committee discussed reducing all of the agencies budgets funded last year by one percent. Concerns were expressed about reducing the day care budgets by one percent. Another suggestion was made to cut the Owsley School Adult Education program. Ms. Nails stopped the discussion of the alternative budget because amount for Riding Unlimited had not been subtracted or reallocated in the earlier deliberations for the level-funding budget. The committee decided to allot the $825 to Riding Unlimited in the level-spending budget. This completed deliberations for the level-spending budget. The committee returned to discussions for the reduced funding budget. The committee decided not to provide funds for Riding Unlimited in the reduced funding budget. The committee allotted Friends of the Family an award level to last year minus a penalty often percent due to a late application. After the reduction of Riding Unlimited and the Friends of the Family penalty, the reduced funding budget still should be reduced by an amount $353 with all other agencies receiving level awards to last year's amounts. Because of the Children's Advocacy Center's ability to raise funds, the committee decided to reduce their award in the amount of $350 to complete the reduced funding budget. The committee agreed that the remaining $3 from the CDBG allotment reduction could be replaced by City General Fund dollars. Ms. Nalls requested committee input on the information provided to the City Council about the impacts to agencies if the reduced funding budget is approved rather than the level-spending budget. The committee expressed a desire that Council was provided information that the reduced funding budget would hurt the citizens of Denton. The committee members were urged to discuss the funding recommendations with the city council member from whom they received appointment to the Human Services Advisory Committee. The committee approved a motion to accept both the level-spending budget and the reduced funds budget agreed upon during this meeting s deliberations. Ms. Barbara Ross informed the committee members that the budgets would be on the agenda for the April 15, 2003 City Council meeting. At this time, public comments would be expressed on the committees funding recommendations. The Meeting adjourned at approximately 8:00 PM. Page 127 CITY OF DENTON CITY COUNCIL MINUTES March 25, 2003 After determining that a quorum was presem, the City Council convened in a Special Called Meeting of the City of Demon City Council on Tuesday, March 25, 2003 at 11:00 a.m. in the City Council Chambers. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, and Redmon. ABSENT: Council Member Phillips 1. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Demon Certificates of Obligation Bonds, Series 2003; approving and authorizing instruments and procedures relating thereto; and providing an effective date. David Medanich, First Southwest Company, reviewed the bids received on-line and indicated that the bid from UBS Paine Webber inc. was the lowest bid at 3.989792%. He recommended Council award the bid to UBS Paine Webber. The following ordinance was considered: NO. 2003-073 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION BONDS, SERIES 2003; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 2. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Demon General Obligation Refunding and improvemem Bonds, Series 2003, levying the tax to pay same; approving and authorizing instruments and procedures relating thereto; and providing an effective date. David Medanich, First Southwest Company, reviewed the bids received on-line and indicated that the bid from UBS Paine Webber, inc. was the lowest bid at 3.997129%. He recommended Council award the bid to UBS Paine Webber, inc. The following ordinance was considered: NO. 2003-074 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2003, LEVYING THE TAX TO PAY SAME; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. City of Demon City Council Minutes April 2, 2002 Page 2 Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. With no further business the meeting was adjourned at 11:15 a.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 25, 2003 After determining that a quorum was presem, the City Council convened in a Work Session on Tuesday, March 25, 2003 at 5:45 p.m. in the Council Work Session Room. PRESENT: Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: Mayor Brock 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of March 25, 2003. Regular Meeting of the City of Demon City Council on Tuesday, March 25, 2003 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Pro Tem Burroughs presented a proclamation for Sexual Assault Awareness Month. B. March Yard-of-the-Month Awards Mayor Pro Tem Burroughs presented the awards to: Scott and Annette Bonfoey Janyce Greenwood Rosemary Brown Charlie and Kathy Parker Mike and Monica Brooks Alex Clark Nancy Lowrey-Xeriscaped yard C. Recognition of staff accomplishments City Manager Conduffpresemed staff accomplishmems to the Council. City of DeNon City Council Minutes March 25, 2003 Page 2 3. CITIZEN REPORTS A. The Council received citizen reports from the following: 1. Carolyn Phillips: new horizon and building permits. Ms. Phillips was not present at the meeting. 2. Peternia Washington: prelude to the Southeast Denton Small Area Plan. Ms. Washington expressed concerns about the Southeast Denton Small Area Plan. 3. Willie Hudspeth: minority hiring. Mr. Hudspeth again stated his concerns about the lack of minority hiring in the City of DeNon. He questioned how minority applicams could be hired at the City of DeNon. 4. John Latta: Rancho Vista Addition and zoning on Emery Street. Mr. Latta stated that he was concern about the zoning changes in the Rancho Vista Addition and did not want Emery Street extended to Bonnie Brae. 5. Sheryl Woods: ExHale Services. Ms. Woods stated that ExHale Services provided outpatient substance abuse services and HIV testing plus free counseling services. 6. Kathy Copeland: Rancho Vista Subdivision and zoning on Emery Street. Ms. Copeland expressed concern about the developmem of the Rancho Vista Subdivision and the possible extension of Emery Street. She also requested a six foot fence to screen the businesses from the nearby residents. 7. Nancy Slack: Emery Street curb cuts and six foot screening. Ms. Slack stated that she would like to see the curb cut restrictions returned to the zoning on the Rancho Vista Subdivision and the six foot screening fence provision again included in the zoning on the property. 4. CONSENT AGENDA McNeill motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. mo Approved the minutes of February 11, 2003, February 18, 2003, and March 4, 2003. City of DeNon City Council Minutes March 25, 2003 Page 3 Bo Co Do mo Fo Go Ho 2003-075 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of electrical secondary connection pedestals and polymer concrete transformer pads; providing for the expenditure of funds therefore; and providing an effective date (Bid 2957 - Annual Price AgreemeN for Electrical Secondary Connection Pedestals and Polymer Concrete Transformer Pads awarded to the lowest responsible bidder in the estimated amount of $100,513.75). 2003-076 - An ordinance authorizing the purchase of Mobile Data Computers, service, and installation from L&E Mobile Computers and MouNs, inc., a QiSV supplier, and financing with Government Capital Corporation through a lease/purchase financing agreemeN; providing for the expenditure of funds therefore; and providing an effective date (File 2998 - Lease/Purchase of Mobile Data Computers in an annual amount not to exceed $189,700.30 per year for a four year total of $758,801.20). 2003-077 - An ordinance awarding a coNract for the purchase of services, software, hardware, and annual maintenance for the installation, configuration, and support of an iP-telephony based Integrated Contact Distribution Solution as awarded by the State of Texas Building and Procurement Commission through the Qualified information Service Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2961 to Spanlink Communications, inc. in the amouN of $114,700). 2003-078 - An ordinance of the City of DeNon, Texas approving an agreemeN between the City of Denton and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from requiremeNs of competitive bids; and providing an effective date (File 2997 - AgreemeN With North Texas Umpire Association in the amouN of $40 per game for an estimated award of $44,000). 2003-079 - An ordinance accepting competitive bids and awarding a coNract for the renal of a landfill dozer/tractor; providing for the expenditure of funds therefore; and providing an effective date (Bid 2974 - ReNal of Landfill Dozer/Tractor awarded to Hertz Equipment Rental Corp. in the amount of $6375 per moNh). 2003-080 - An ordinance accepting competitive bids and awarding a coNract for the purchase of truck washing services for DeNon Municipal Electric (DME); providing for the expenditure of funds therefore; and providing an effective date (Bid 2975 - Truck Washing for DME awarded to Turk's Mobile Detailing in the lowest responsive amouN for each item as listed). R2003-006 - A resolution of the City of DeNon, Texas, authorizing the submission of a grant application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Teen Court Program for juveniles; and providing an effective date. City of Demon City Council Minutes March 25, 2003 Page 4 Jo Ko Lo Mo No Oo 2003-081 - An ordinance of the City of Demon authorizing an agreement between the City of Denton, Texas and The Denton Festival Foundation for supplemental funding for the 2003 Demon Arts and Jazz Festival, providing for the expenditure of funds therefore, and providing for an effective date. 2003-082 - An ordinance of the City of Demon, Texas, amending sections 18-151 and 18-152 of the Code of Ordinances of the City of Demon, Texas to delegate the authority to enforce parking laws to the University of North Texas Police Department adding Kendolph Street between Eagle Drive and Wilshire Street, authorizing the City Manager to sign an imerlocal Agreemem between the City of Demon and the University of North Texas for the enforcemem of parking regulations by the University of North Texas in the areas described within this ordinance; providing for a severability clause; providing for a savings clause; and providing for an effective date. 2003-083 - An ordinance of the City of Demon, Texas approving and authorizing the Mayor to execute an agreement between the City of Denton and the County of Denton for the rental of voting machines, equipment, supplies; programming for the tabulation of votes and the establishment of a Central Counting Station; and providing an effective date. 2003-084 An ordinance approving a commercial operator Airport Lease Agreement between the City of Denton and JVC Real Estate; and providing an effective date. 2003-085 - An ordinance approving a real estate exchange agreement between the City of Demon, Texas and Craig irwin and Dale irwin for two parcels of land each being 0.294 acres situated in the Moreau Forrest Survey, Abstract Number 417, Demon County, Texas, for the purposes of a property line adjustmem for fencing activities by the Wastewater Department; authorizing the expenditure of funds therefore; and providing an effective date. 2003-086 - An ordinance of the City of Demon, Texas, graining approval of a sub-surface use of North Lakes Park, Denia Park, and the Airport Open Space Park for the purpose of an oil and gas non-drilling/pooling agreemem within the City of Demon, Texas; and providing an effective date. 2003-087 - An ordinance of the City of Demon, Texas, authorizing the re- advertisemem for a non-drilling, paid-up pooling agreemem for an oil and gas lease agreement for South Lake Park within the City of Denton, Texas; and providing an effective date. 5. PUBLIC HEARINGS City of DeNon City Council Minutes March 25, 2003 Page 5 A. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit (SUP) for a childcare facility on approximately 0.7 acres. The site, commonly known as 320 Mill Street, was generally located on the south side of Mill Street opposite Cook Street. The property was in a Neighborhood Residemial 3 (NR-3) zoning district. A childcare facility was proposed. The Planning and Zoning Commission recommended approval with conditions (4-3). (Z02-0063) Council Member Redmon left the meeting due to a conflict of imerest. Mayor Pro Tem Burroughs stated that this proposal had a requiremem for a supermajority vote and with one member absem and Council Member Redmon having a conflict of imerest, five of the remaining five members would have to vote in favor to approve the proposal. The past practice of the Council was to afford the petitioner the opportunity to postpone consideration of the proposal umil the full Council was presem. Council would open the public hearing and continue it to a date certain when there would be a full Council. Larry Reichhart, Assistant Director for Planning and Development, presented the details of the proposal. The Planning and Zoning Commission had recommended approval with conditions. A specific use permit would be needed. Approval of the proposal would require a supermajority vote of Council as there was 25% opposition by the surrounding citizens. The Mayor Pro Tem opened the public hearing. The applicam requested a delay in the consideration of the proposal umil a full Council was present. The following individuals spoke during the public hearing: Linnie McAdams, applicam - favor Jane Provo, applicant - favor Council questioned the applicam about the paying of taxes and impact fees and the possibility of competition with businesses that paid full taxes and impact fees. Council discussed whether DeNon Affordable Housing owned the building and would be reining the facility to a day care provider and if there would be a sliding scale for the day care fees. Montgomery motioned, McNeill seconded to proceed with the public hearing at this meeting and to continue the public hearing to the April 1st meeting when a full Council would be present. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", and Phillips "aye". Motion carried unanimously. Anna Graft, 3200 W. Oak Shores Drive, Cross Roads, 76227 - favor Stan Ingman, 2105 Carriage Hill, Denton, 76207 - favor Barbara Atkins, 2201 Spencer Road, DeNon, 76205 - favor Peggy Kelly, 4608 Emerson Lane, Denton, 76205 - favor Marcella Franklin, 317 East Mill, DeNon, 76205 - opposed Carolyn Phillips, 722 Lakey Street, Denton, 76205 - opposed Carl Young, 321 East Mill, Denton, 76205 - opposed City of DeNon City Council Minutes March 25, 2003 Page 6 Peternia Washington, 618 East Prairie, Denton, 76205 - opposed Jacob Henry, 400 East Mill, Denton, 76205 - opposed Billie Brasfield, Ruddell Street, DeNon, 76205 - opposed Audrey Barrow, 723 Hill Street, Denton, 76205 - opposed Mayor Pro Tem Burroughs stated that the public hearing would continue to the next meeting. Council Member Redmon returned to the meeting. B. The Council held a public hearing and considered adoption of an ordinance approving an Alternative Development Plan for approximately 77 acres. The property was in a Neighborhood Residemial 2 (NR-2) zoning district and in the Extra Territorial Jurisdiction (ET J) of the City of DeNon. The property was generally located on FM 2181 (Teasley Lane) southeast of Leatherwood Road and west of Bluebonnet Road. A high school and facilities were proposed. The Planning and Zoning Commission recommended approval with conditions (7-0). (ADP03- ooo ) Larry Reichhart, Assistant Director for Planning and Development, stated that this was an alternative development plan in a neighborhood center on the east side on Teasley. The alternate development plan was for parking in front of the high school for visitor parking to separate it from the main part of the campus for security reasons. The currem design standards were not designed for a school of this size and the DISD was not really obligated to follow the design standards. The majority of the property was in the extraterritorial jurisdiction and the DISD had applied for annexation of property imo the city limits. The Mayor Pro Tem opened public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed public hearing. The following ordinance was considered: No. 2003-088 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR AN ALTERNATIVE DEVELOPMENT PLAN FOR A NEIGHBORHOOD RESIDENTIAL MIXED USE 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING A PARKING LOT BETWEEN THE STREET AND THE BUILDING FOR AN APPROXIMATELY 77 ACRE SITE LOCATED IN THE J.C. SURVEY ON 2181 (TEASLEY LANE) SOUTHEAST OF LEATHERWOOD ROAD AND WEST OF BLUEBONNET ROAD IN DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP03-0001) City of DeNon City Council Minutes March 25, 2003 Page 7 Fulton motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance for rezoning of approximately 7.1 acres from a Neighborhood Residemial 6 (NR-6) zoning district to a Neighborhood Residemial Mixed-Use (NRMU) zoning district. The property was generally located on the east side of South Bonnie Brae Road and east of the proposed future extension of Vimage Boulevard. Neighborhood retail uses were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0002) Larry Reichhart, Assistant Director for Planning and Development, stated that the proposal would change the zoning from Neighborhood Residemial 6 to Neighborhood Residemial Mixed- Use. Retail uses were proposed for the site. In April, the lower quadrata would be taken over by Liberty Christian School. There were no letters of opposition received regarding the proposal. The Mayor Pro Tem opened the public hearing. The following individual spoke during the public hearing: Karen Mitchell, Mitchell Planning Group - favor The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 2003-089 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZON1NG CHANGE FROM NEIGHBORHOOD RESIDENTIAL - 6 (NR-6) ZON1NG DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 7 ACRES OF LAND LOCATED IN THE WILLIAM ROARK SURVEY EAST OF BONNIE BRAE AT VINTAGE BOULEVARD 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0002) McNeill motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending Sub-Chapter 5 of the Developmem Code, specifically the size limitation for Professional Services and Offices within the Regional Cemer Commercial Neighborhood (RCC- N) zoning district. The Planning and Zoning Commission recommended approval (7-0). (SI03- ooo ) City of DeNon City Council Minutes March 25, 2003 Page 8 Larry Reichhart, Assistant Director for Planning and Development, stated that there were three areas in the regional mixed used category. The proposal was to take the office limitation out of the RCC-N zoning category. A potential applicant had questioned why there was such a limitation in this zoning category and staff agreed that the limitation could be eliminated. The Mayor Pro Tem opened the public hearing. No one spoke during public hearing. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: No. 2003-090 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO LIMITATIONS IN OFFICE SIZE IN THE RCC-N ZONING DISTRICT; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SI03- 0001) Fulton motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. E. The Council held a public hearing to consider the amendmem of land use assumptions, a capital improvements plan and the imposition of an amended impact fee. Jim Coulter, Director of Waster and Wastewater, presented growth related decisions that included decisions to support growth such as Lake Ray Roberts, transmission lines, wastewater treatment plant expansion, and a Council direction that new growth would pay for itself. The impact fee structure was based on capital costs attributed to new growth, costs were distributed to each new user, had a single family equivalem and was collected at the time of building permits. He presented a water ten-year impact fee project list and the cost equivalents for those projects. He presemed the wastewater 10 year impact CIP projects. An additional project was the Clear Creek Water Reclamation Plant and the interceptor sewer project. No action was required at this meeting. The public hearing would be continued until the April 15~h meeting for additional public input. Council discussed debt service and accouming of funds, recommendations from the Impact Fee Advisory Committee, impact on the slowing of the economy, development and growth, and the structure for payment of impact fees such as paying before development began. The Mayor Pro Tem opened the public hearing. No one spoke during public hearing. City of DeNon City Council Minutes March 25, 2003 Page 9 McNeill motioned, Montgomery seconded to continue the public hearing until the April 15th meeting. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of DeNon, Texas amending Section 22-31 "Prohibited Acts" of the Code of Ordinances of the City of DeNon to add a paragraph (13) to limit the use of tobacco products during youth athletic activities on or adjacem to city athletic fields; providing for a penalty of a fine not to exceed five hundred dollars for each offense in violation of the ordinance; providing a severability clause and an effective date. Ed Hodney, Director of Parks and Recreation, stated that this proposal, based on a request from the Denton Youth Sports Association, was a consideration for the limited use of tobacco projects at youth sports facilities during youth sports activities. After the last presentation, suggestions from Council Members Fulton and Burroughs were incorporated such as a designated smoking area to be posted at the facilities and that the wording indicate "limit" rather than "prohibit" smoking. Council discussed the pros and cons of the proposal including smokeless tobacco products in the ordinance, the designation of youth activities as opposed to adult activities, enforcement, the prevalence of problems with smokeless products and whether smokeless tobacco products pose as great a health risk as tobacco products. The following individuals spoke on the issue: Anna Braudrick, 535 CR 2133 Valley View, 76272- favor Michael Mooney, 3405 Danbury Circle, Corimh, 76208 - favor Hal Evans, 6791 Canyon Road, Sanger, 76266 - favor Commem cards were received from: Brian Morrison, 305 Mounts, Denton, 76201 - favor Connie McKeathen, P.O. Box 1013, Denton, 76202 - favor The following ordinance was considered: NO. 2003-091 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 22- 31 "PROHIBITED ACTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ADD A PARAGRAPH (13) TO LIMIT THE SMOKING OF TOBACCO PRODUCTS DURING YOUTH ATHLETIC ACTIVITIES ON OR ADJACENT TO CITY ATHLETIC FIELDS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OFFENSE IN VIOLATION OF City of DeNon City Council Minutes March 25, 2003 Page 10 THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Fulton motioned, Phillips seconded to only limit smoking for youth activities. Other types of smoking products would be left out of the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance of the City of DeNon, Texas approving an Interlocal Cooperation Agreement between the City of Denton and the Denton County Transit Authority for the provision of management and planning services for the implementation of mass transportation in Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. Jon Fortune, Assistant City Manager for Public Safety and Transportation, stated that this was a request for imerim funding from the DeNon County Transit Authority. Initial funding had been provided by Denton County and small contributions from other cities. The Executive Committee's work was increasing for successful passage of the upcoming sales tax election. The Authority felt professional management services were needed to bridge the gap until that time. Funding had been set aside for this allocation in the 2000 bond election. The following ordinance was considered: NO. 2003-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSIT AUTHORITY FOR THE PROVISION OF MANAGEMENT AND PLANNING SERVICES FOR THE IMPLEMENTATION OF MASS TRANSPORTATION 1N DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. C. The Council considered approval of a resolution authorizing the City Manager, or his designee, as Denton's authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay a portion of the total project costs; and providing an effective date. Mark Nelson, Director of Airport and Transit Operations, stated that this was a grant for improvements for the terminal apron with the Texas Department of Transportation. The following resolution was considered: City of Demon City Council Minutes March 25, 2003 Page 11 NO. R2003-007 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) RELATING TO A GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COSTS; AND PROVIDING AN EFFECTIVE DATE. Fulton Fulton carried motioned, McNeill seconded to approve the resolution. On roll vote, Burroughs "aye", "aye", McNeill "aye", Momgomery "aye", Phillips "aye", and Redmon "aye". Motion unanimously. D. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Fulton requested a discussion as soon as possible relative to the new special event permits and the impact on non-profit organizations. 2. Mayor Pro Tem Burroughs requested information on alternatives to the Emery Street curb cuts. 3. Council Member Redmon requested a discussion on the use and procedures for citizen reports. Mayor Pro Tem Burroughs suggested this be a topic of discussion at a council luncheon. mo Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. Fo Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting under Section 551.071-551.086 of the Texas Open Meetings Act. Go Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Item (s) under Section 551.071-551.086 of the Texas Open Meetings Act. City of Demon City Council Minutes March 25, 2003 Page 12 With no further business, the meeting was adjourned at 10:19 p.m. MARK BURROUGHS MAYOR PRO TEM CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 1, 2003 After determining that a quorum was presem, the City Council convened in a Special Called Meeting of the City of Demon City Council on Tuesday, April 1, 2003 at 11:00 a.m. in the City Council Chambers of City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, Montgomery, and Redmon. ABSENT: Council Member Phillips 1. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Demon Utility System Revenue Refunding and Improvemem Bonds, Series 2003, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. David Medanich, First Southwest, stated that nine bids had been received on-line. He reviewed the bids for Council and indicated that the bid from William R. Hough and Company was the lowest at 4.068068%. He recommended that Council award the bid to William R. Hough and Company. He noted that this refunding would save the City $800,000. The following ordinance was considered: NO. 2003-101 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2003, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Redmon "aye" and Mayor Brock "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 11:10 a.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 1, 2003 After determining that a quorum was preseN, the City Council convened in a Work Session on Tuesday, April 1, 2003 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Burroughs; Council Members Fulton, McNeill, MoNgomery, Phillips, and Redmon. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the proposed events process. Robert Hanna, Council Assistant, stated that staff had met to reorganize the special events process in order to make it more user friendly and provide better customer service. Staff had met with the stakeholders who provided input into the special events document. After several events had worked through the process, it was determined that the document was less customer friendly than hoped and adjustmeNs were being made to accommodate those concerns. Staff was recommending that Council provide policy direction on what official City of DeNon sponsorship meant, that Council determine the level of support to provide for officially sponsored events and Council provide direction on the process or requiremeNs for an even to become an officially sponsored event. Staff also was recommending that the agreement be allowed to complete its pilot program and be revised later to increase its ease of use from the comments received during the pilot program. At the end of the 2003 event season, a stakeholders meeting would be convened to discuss the agreement with staff members and a final special event agreement formulated based on stakeholder input. Currently most negative comments were associated with the fees associated with the International Fire Code adopted by Council on February 19, 2002. Those fees were required to be collected by ordinance and could not be waived without amending the ordinance or by Council direction. Council discussed the fees associated with the International Fire Code and when the fees were approved; whether the new process would exclude organizations from holding their events in the City; should certain events or areas such as the Fairgrounds be excluded from the requiremeNs; definition of "co-sponsorship" between the City and evens; distinction between non-profit and profit organizations; requirements of partnerships with events; who decided what events were co- sponsored with the City; and revising the agreement to be used as a checklist as opposed to a formal agreemeN with the City. Consensus of the Council was to draft guidelines for paymeN of the fees and amend the agreement to use it as a guideline for events rather than a formal agreement. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of April 1, 2003. Regular Meeting of the City of DeNon City Council on Tuesday, April 1, 2003 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of DeNon City Council Minutes April 1, 2003 Page 2 2. PROCLAMATIONS/PRESENTATIONS C. Proclamations/Awards There were no proclamations/awards for this meeting. B. Recognition of staff accomplishments City Manager Conduffpresemed staff accomplishmems to the Council. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: 1. Carolyn Phillips - new horizon and building permits. Ms. Phillips withdrew her request for a citizen report. 2. Peternia Washington-Southeast Denton Small Area Plan. Ms. Washington withdrew her request for a citizen report. 4. CONSENT AGENDA McNeill motioned, Burroughs seconded to approve the Consem Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", Redmon "aye" and Mayor Brock "aye". Motion carded unanimously. A. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year ~a~ Ita ~up}~cat~ pa ~ ~ 2. Texas Title for Gregory L. Durmick Duplicate Payment 2002 870.99 4. American Title Company for Duplicate Payment 2002 926.11 Stephanie Norman 6. First American Tax Se~ice for Duplicate Payment 2002 539.89 Kathleen Kern 8. Wells Fargo for Jeremy Giese Erroneous Paymem 2002 676.04 10. Mshassan Inc. Demon Cemral Appraisal 2002 836.11 District - Value Change City of DeNon City Council Minutes April 1, 2003 Page 3 Tax Name Reason Amount Year ~tr~c~ ~g 12. Ocean to Ocean Inc. Duplicate Payment 2002 691.48 i3 ~ ~ R~ H~i~ag~ Inn ~Pl~at~ ~av~nt ~ !~1 8 14. Charles McDade Duplicme Paymem 2002 543.69 16. Tim W. Peters Duplicate Payment 2002 921.23 e o a uj it 18. William & Carol Collins Duplicate Payment 2002 1,042.26 20. Transamerica Real Estate Tax Se~ice for E~oneous Payment 2002 659.11 Charles S. Rash 2003-092 An ordinance awarding a comract for the purchase of video conferencing equipment for the North Branch Library as awarded by the State of Texas Building and Procurement Commission through the Qualified Information Service Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 3001 to Verizon in the amoum of $72,566.60). 2003-093 - An ordinance awarding a comract for the purchase of Public Address Systems as awarded by the State of Texas Building and Procurement Commission through the Qualified information Service Vendor (QiSV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 3005 to DFW Communications, inc. in the amoum of $35,140). 2003-094 - An ordinance awarding an annual comract for the purchase of fiber optic cable, as awarded by the State of Texas Building and Procurement Commission; providing for the expenditure of funds therefore; and providing an effective date (File 3002 to FMS Technologies, Inc. in the amount of $1.78 per foot for an annual estimated amount of $180,000). 2003-095 - An ordinance accepting competitive bids and awarding a contract for the purchase of police uniforms; providing for the expenditure of funds therefore; and providing an effective date (Bid 2941 - Police Uniforms awarded to Direct Action Uniforms in the estimated amount of $44,208). 2003-096 - An ordinance accepting competitive bids and awarding a contract for the purchase of a trailer mounted vacuum trailer; providing for the expenditure of funds therefore; and providing an effective date (Bid 2958 - Trailer Mounted Vacuum Trailer awarded to Witch Equipment Co., Inc. in the amount of $30,000). 2003-097 - An ordinance accepting competitive bids and awarding a contract for the purchase of a 3A-ton pickup truck; providing for the expenditure of funds City of DeNon City Council Minutes April 1, 2003 Page 4 therefore; and providing an effective date (Bid 2968 - 3A-Ton Truck awarded to Sam Pack's Five Star Ford in the amoum of $29,291). 2003-098 - An ordinance awarding a comract for the purchase of furniture millwork at the North Branch Library; providing for the expenditure of funds therefore; and providing an effective date (Bid 2978 - North Branch Library Millwork awarded to Metroplex Millworks in the amoum of $63,031). R2003-008 - A resolution of the City of DeNon, Texas authorizing the Public Utility Commission of Texas to set the access line rate at the new CPI-Adjusted Maximum rate to be paid to the City by Certificated Telecommunications Providers pursuam to Chapter 283 of the Texas Local Governmem Code, ("HB 1777"), and providing an effective date. 2003-099 - An ordinance approving the placemem of an approximate 3.13 acre tract owned by Denton Municipal Electric for an electric substation, for bid respecting the developmem of a non-drilling/pooling agreemem with a gas developer; and providing an effective date. R2003-009 - A resolution allowing Nopales Hacienda Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 3, 2003, upon certain conditions; authorizing the City Manager or his designee to execute an agreemem in conformity with this resolution; and providing for an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 9.4 acres. The rezoning consisted of approximately 4.7 acres from Neighborhood Residemial Mixed Use (NRMU) to Neighborhood Residemial 6 (NR-6) and approximately 4.7 acres from Neighborhood Residemial 6 (NR-6) to Neighborhood Residemial Mixed Use (NRMU). The property commonly known as Sherman Crossing was generally located south of Loop 288, west of Sherman Drive and north of Hercules. Single-family residential and commercial uses were proposed. The Planning and Zoning Commission recommended approval (6-0). (Z03-0006, Sherman Crossing) Larry Reichhart, Assistant Director for Planning and Development, stated that the existing zoning on the two sites would be changed slightly. The Planning and Zoning Commission had recommended approval. The Mayor opened public hearing. The following individual spoke during the public hearing: Randall Smith, 839 Tealwood Circle, Flower Mound, favor The Mayor closed the public hearing. The following ordinance was considered: City of Demon City Council Minutes April 1, 2003 Page 5 NO. 2003-100 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF APPROXIMATELY 9.4 ACRES. THE REZONING CONSISTS OF APPROXIMATELY 4.7 ACRES FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) TO NEIGHBORHOOD RESIDENTIAL 6 (NR- 6) AND APPROXIMATELY 4.760 ACRES FROM NEIGHBORHOOD RESIDENTIAL 6 (NR-6) TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) OF LAND, COMMONLY KNOWN AS SHERMAN CROSSING AND BEING GENERALLY LOCATED APPROXIMATELY 750 FEET SOUTHWEST OF THE INTERSECTION OF LOOP 288 AND SHERMAN DRIVE AND APPROXIMATELY 400 FEET NORTH OF HERCULES IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. (A03-0006) Redmon motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Momgomery "aye", Phillips "aye", Redmon "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a gas well site. The approximately 37 acre property was in a Neighborhood Residemial Mixed Use (NRMU) and Neighborhood Mixed Use 12 (NRMU-12) zoning district and was generally located north of Ocean Drive approximately 1,800 feet east of Teasley Lane. Gas well drilling was proposed. The Planning and Zoning Commission recommended approval with conditions (5-1). (Z03-0003, Teasley Gas Well No. 1) Larry Reichhart, Assistant Director of Planning and Development, detailed the location of the site on Teasley Lane, north of the Teasley Harbor Addition. Conditions from the Planning and Zoning Commission were the installation of a solid screen around the well site and to notify the property owners in the area when something was going to be done to the well. The applicam had decided to move the location of the well site and access road after the Planning and Zoning Commission meeting. In such cases, the practice had been to remand the proposal back to the Commission for a recommendation before Council approval. If the applicant wanted to continue with the amended site plan, staff was recommending that Council remand it back to the Planning and Zoning Commission. Council held a discussion including the location of the road for the new site; potential damage to city streets done by the gas drilling equipment; type of screening around the gas well; and timing of the construction of the fence around the well. The Mayor opened the public hearing. The following individual spoke during the public hearing: Bill Coleman, Coleman and Associates, representing mineral interests - favor City of DeNon City Council Minutes April 1, 2003 Page 6 Council discussion continued with length of time large trucks would be using the road near the residences; distance between the proposal and the southern property line; the 330 foot regulation waiver; time frame if the proposal were to be remanded to the Commission and time frame for coming back to Council. The Mayor closed the public hearing. Burroughs motioned, McNeill seconded to remand the proposal to the Planning and Zoning Commission with the earliest possible consideration. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", MoNgomery "aye", Phillips "aye", Redmon "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council was to coNinue a public hearing and consider adoption of an ordinance approving a Specific Use Permit (SUP) for a childcare facility on approximately 0.7 acres. The site, commonly known as 320 Mill Street, was generally located on the south side of Mill Street opposite Cook Street. The property was in a Neighborhood ResideNial 3 (NR-3) zoning district. A childcare facility was proposed. The Planning and Zoning Commission recommended approval with conditions (4-3). (Z02-0063) Mayor Brock indicated that the petitioner had withdrawn the request for a specific use permit. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered nominations and appoiNmeNs to the City's Boards and Commissions. Council Member Redmon indicated that as the Human Service Advisory Board had already submitted a recommendation for funding for this year, he would table his nomination uNil a later date. Council Member Montgomery nominated Darla Bostick to the Animal Shelter Advisory Committee. Mayor Brock did not have a nomination to the Historic Landmark Commission at this time. Council Member Montgomery nominated Diana Hatch to the Historic Landmark Commission. Council Member Burroughs nominated Sherri McDade to the Library Board. Mayor Brock indicated that Council would vote on the nominations at the next regular meeting. B. New Business 1. Council Member Redmon requested a work session regarding the City's role in co-sponsorship and sponsorship of evens. 2. Council Member McNeill requested a work session or memo regarding dumpster versus rollout carts for fourplexes and how the information was getting out to residents. City of Demon City Council Minutes April 1, 2003 Page 7 C. Items from the City Manager City Manager Conduff did not have any items for Council. D. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. E. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:20 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: April 15th, 2003 Engineering David Hill, 349 - 8314 %"~: SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Local Participation Advanced Funding Agreemem for an on-system project as related to the implememation of the proposed 1-35 E northbound ramp reversals between Loop 288/Lillian Miller Parkway and State School Road/Mayhill Road (Brinker Road) project in the City of Demon. BACKGROUND The Brinker Road Ramp reversal is proposed to be constructed in advance of Loop 288 East construction to provide an alternate route from 1-35 to Loop 288 (Wal Mart, Denton Crossing) via Brinker Road. In essence, the entrance ramp near the Denton Regional Medical Center will become an exit ramp from the 1-35E main lanes, and the exit ramp near Jefferson Commons apartments will become an entrance ramp on to the 1-35E main lanes. The Texas Department of Transportation has agreed to fund 50% of the construction with the remaining 50% funded by the City of DeNon. The City's portion of the funding was authorized by issuance of a $3 million certificate of obligation (C.O.) for Spencer Road and Brinker Road Ramp Reversal improvements. Teague, Nall& Perkins is curremly designing the subject improvemems as part of their comract with DeNon County for the Design of Loop 288. OPTIONS 1. Approve ordinance 2. Disapprove ordinance RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW None FISCAL INFORMATION The estimated cost of the ramp reversal is $1,100,000 with the City of DeNon and the Texas Department of Transportation each providing 50% of the construction funding. Although not expected, any utility relocations or additional right of way needed for the project would be the responsibility of the City. The City and TxDOT would fund any construction cost overruns in equal parts. ATTACHMENTS 1. Local Participation Funding Agreement 2. Ordinance Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering THE STATE OF TEXAS § THE COUNTY OF TRAVIS § CS J: 0196-01-092 Project #: STP ( ) MM County: Denton Location: I.H. 35E - West of State School Road to East of Loop 288 East/Lillian Miller Parkway LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON-SYSTEM) THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and ~, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Numbers 108087 and 108410 authorizes the State to undertake and complete a highway improvement ~enerally described as .the removal reversal and reconstruction of the existin exit and entrance ram s on southbound I.H. 35E from West of Sta-'~ School Road to East of Loo 288 East/Lillian Miller Parkwa; and, WHEREAS, the Local Government, by resolution or ordinanCe number , dated , which is attached hereto and made part hereof as Attachment B, has requested that the State allow the Local Govemment to participate in said improvement by funding that portion of the improvement described as re arin relimina en ineerin lans s ecifications and estimates and contributin to the construction cost for the removal reversal and reconstruction of the exisfin exit and entrance ram s on southbound I.H. 35E from Wes~t of State School Road to East of Loo 288 East/Lillian Miller ~, hereinafter called the "Project" which is identified in the location map shown as Attachment C; and, WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement with a Local Government; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Locaf Government do agree as follows: Article '1. exception. Time Period Covered. AGREEMENT The period of this LPAFA is as stated in the MAFA, without Article 2. Project Funding and Work Responsibilities. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. AFA - LPAFA VoIProj Page ! of 3 Created 3/14/02 CS J: 0196-01-092 Project #. STP ( ) MM In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's Indirect Cost Recovery Program. Article 3. Right of Access. If the Local Government is the owner of any part of the Project site, the Local Govemment shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Local Government will provide for all necessary right- of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 4. Responsibilities of the Parties. Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. Article 5. Document and Information Exchange. The Local Govemment agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft~ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local entity creates the documents with its own forces or by hiring a consultant or professional provider. Article 6. Interest. Interest will be under the conditions as provided for in the MAFA, without exception. Article 7, Inspection and Conduct of Work. Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect ail work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 8. Increased Costs. Increased cost will be under the conditions as provided for in the MAFA, without exception. Article 9. Maintenance. MAFA, without exception. Article 10. Termination. MAFA, without exception. Article 11 Notices. without exception. AFA - LPAFA VolProj Project Maintenance witl be under the conditions as provided for in the Termination of this LPAFA shall be under the conditions as stated in the Notices of this LPAFA shall be under the conditions as stated in the MAFA, Local Govemment: Cityof Denton Attention: Chades Fiedler, P.E. Director of Engineering City Hall East 601 East Hickory Street, Suite B Denton, Texas 76205 Page 2 of 3 Created 3114t02 CS J: 0196-01-092 Project #' STP ( ) MM Article 12. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 13. Successors and Assigns. The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 14. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 1,5. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. Article 15.. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Jay R, Nelson, P.E. Dallas District Engineer THE LOCAL GOVERNMENT - City of Denton B~ Typed/Printed Name Typed/Printed Title ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: BY: [' -~' AFA - LPAFA VolProj Page 3 of 3 Created 3/14f02 Attachment A cs J: 0196-01-092 Project #: STP ( ) MM Payment Provisions and Work Responsibilities 1. Description of the Cost of the Items of Work The total estimated construction cost of the Project is ~ The Local Govemment's portion of the total estimated construction cost of the Project is ~. The Local Government, at no cost to the State, will provide to the State completed and approved preliminary engineering (design schematic, environmental documents), plans, specifications and estimates (PS&E), for the removal, reversal and reconstruction of the existing exit and entrance ramps on Southbound I.H. 35E from West of State SchooJ Road to East of Loop 288 East/Lillian Miller Parkway. Description Preliminary Engineering Construction Total Cost $126,314.00 $1,151,000.00 Local Govemment Contribution $126,314.00 $428,183.00 All necessary right-of-way purchases and utility adjustments shall be the responsibility of the Local Government. Acquisition of right-of-way and utility adjustments shall be in accordance with applicable Federal and State laws governing the acquisition policies of acquiring real. property. The State will not reimburse the Local Government for the purchase of right-of-way and utility adjustments. 2. Schedule of Payment Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $428,183.00 as the Local Government's contribution towards construction costs. The Local Government will not contribute towards the State's preliminary engineering review costs and the State's construction engineering and contingencies costs. 3. increased Construction Costs Should the total estimated construction cost for the Project increase, the Local Government agrees to contribute fifty (50%) percent of the increased construction costs and the State agrees to contribute fifty (50%) percent of the increased construction costs. 4. No Reimbursement of Fund~ The Local Government agrees not to seek reimbursement from the State at any time in the future for those Project items of work to include the preparation of preliminary engineering (design schematic, environmental documents), plans, specifications and estimates (PS&E) and any necessary right-of-way purchases and utility adjustments. Page 1 of 1 Created 4113/02 CS J: 0196-01-092 Project #' STP ( ) MM Attachment B Resolution Authorizing this LPAFA Page I of 1 Created 4/13/02 CS J: 0196-01-092 Project #' STP ( ) MM Attachment C Project Location Map Page 1 of 1 Created 4/13/02 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A LOCAL PARTICIPATION ADVANCED FUNDING AGREEMENT FOR AN ON-SYSTEM PROJECT RELATED TO THE IMPLEMENTATION OF THE PROPOSED IH-35-E NORTHBOUND RAMP REVERSALS BETWEEN LOOP 288/LILLIAN MILLER PARKWAY AND STATE SCHOOL ROAD (BRINKER ROAD) PROJECT IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the elements of the contracts that vary from project to project include the project specifications and the funding arrangements; and, WHEREAS, for purposes of streamlining the contract process, the Texas Department of Transportation (TxDOT) has designed two agreements: (1) a Master Advance Funding Agreement (MAFA) and (2) a Local Project Advance Funding Agreement (LPAFA); and, WHEREAS, the MAFA contains what may become statewide contract standards that are currently generally agreeable to all cities and counties; and, WHEREAS, the MAFA will need to be approved only one time by the local municipality, county or other governing political subdivision; and, WHEREAS, THE CITY OF DENTON, on the 6th day of July, 2000, has entered into a MAFA with TxDOT; and WHEREAS, to accomplish each project, the LPAFA contains provisions related only to the local project needs; and WHEREAS, the IH-35E - Brinker Lane Ramp Reversal Project LPAFA addresses the reversing of ramps associated with the Loop 288/Lillian Miller Road and State School Road with the exit ramp just south of Loop 288/Lillian Miller Road being replaced by an entrance ramp and the entrance ramp just north of State School Road being replaced with an exit ramp with project limits described as 800 feet west of State School Road to 200 feet east of Loop 288 East, northbound on IH-35E; and WHEREAS, the projected cost of construction for the $1,000,000.00 with the City's cost for construction participation being $ 500,000.00; and WHEREAS, the IH-35E - Brinker Lane Ramp Reversal Project LPAFA would allow the project to proceed through the letting process; and NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The recitations and findings comained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council of the City of Demon, Texas hereby approves the Local Project Advanced Funding Agreemem (LPAFA) for the IH-35E - Brinker Lane Ramp Reversal Project in substantially the same form as the agreement attached hereto and made a part hereof by reference. The City Manager or his designee is hereby authorized to execute the LPAFA on behalf of the City of Demon and to exercise the rights and duties of the City thereunder including the expenditure of funds as provided therein. SECTION 3. This ordinance shall be effective immediately from and after its passage and approval. PASSED AND APPROVED this the __day of .,2003 ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY:. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: April 15th, 2003 Engineering -,4 ~:~¢ David Hill, 349 - 8314 .~><¢?'~' SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Local Participation Advanced Funding Agreemem for an on-system project as related to the implememation of the proposed 1-35 E southbound ramp reversals between Loop 288/Lillian Miller Parkway and State School Road/Mayhill Road (Wind River Lane) project in the City of DeNon. BACKGROUND The subject ramp reversals are being proposed to help alleviate traffic congestion at the Lillian Miller/Loop 288 and 1-35 imerchange. The reversals will allow drivers exiting 1-35 southbound with destinations south of Lillian Miller to bypass the intersection of Lillian Miller and the southbound service road. It will also promote better access to the south end of Wind River Lane and the proposed Unicom Lake Developmem. The emrance ramp near Southridge Village Shopping Cemer will become an exit ramp from the 1-35E main lanes, and the exit ramp near Jostens will become an entrance ramp on to the 1-35E main lanes. Of the total $1,151,000 estimated construction cost, a Sustainable Development Grant previously awarded to the City will cover $294,634.00. The City and the Texas Departmem of Transportation will fund the remainder in even parts. Turner, Collie and Braden is curremly completing the design of this project through an existing comract with the City of DeNon. OPTIONS 1. Approve ordinance 2. Disapprove ordinance RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW None FISCAL INFORMATION The total construction cost of the ramp reversals is estimated at $1,151,000. A NCTCOG Sustainable Developmem Gram of $294,634 will provide partial funding; the City and the Texas Departmem of Transportation will each fund $428,183. City of Demon funding will be provided using 1999 CIP bond funds. Although not expected, any utility relocations or additional right of way needed for the project would be the responsibility of the City. The City and TxDOT would fund any construction cost overruns in equal parts. ATTACHMENTS 1. Local Participation Funding Agreement 2. Ordinance Prepared By: David Salmon, Assistant Director Engineering Respectfully submitted: Charles Fiedler Director, Engineering CS J: 0196-01-093 County: Denton Location: IH 35E from State School Road/Mayhill Road to Loop 288 East/Lillian Miller THE STATE OF TEXAS § THE COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) FOR VOLUNTARY TRANSPORTATION IMPROVEMENT PROJECTS (ON-SYSTEM) THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and The City of Denton, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Commission Minute Order Number 108087 authorizes the State to undertake and complete a highway improvement generally described as reversing the IH 35E ramps associated with the Loop 288/Lillian Miller Road and State School Road/Lillian Miller Road. The exit ramp just south of Loop 288/Lillian Miller Road will be replaced by an entrance ramp and the entrance ramp iust north of State Schoot Road will be replaced with an exit ramp. ; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as preliminary enqineerin.q and PS&E for the northbound ramps on tH35E from State School Road/Lillian Miller Road to Loop 288 eastJMayhill Road and; hereinafter called the "Project"; and, WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement with a Local Government; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered. The period of this LPAFA is as stated in the MAFA, without exception. Article 2. Project Funding and Work Responsibilities. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and wiil be carried out and completed by the Local Government, at no cost to the State. Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated with this agreement as calculated based on prevailing rates specified in the State's indirect Cost Recovery Program. Article 3. Right of Access, If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Local Government will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 4. Responsibilities of the Parties. Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. Article 5. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft(D Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local entity creates the documents with its own forces or by hiring a consultant or professional provider. Article 6. Interest. Interest will be under the conditions as provided for in the MAFA, without exception. Article 7. inspection and Conduct of Work. Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, ali work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 8. Increased Costs. Increased cost will be under the conditions as provided for in the MAFA, without exception. Article MAFA, Article MAFA, 9. Maintenance. Project Maintenance will be under the conditions as provided for in the without exception. 10. Termination. Termination of this LPAFA shall be under the conditions as stated in the without exception. Article 11 Notices. without exception. Notices of this LPAFA shall be under the conditions as stated in the MAFA, Local Government: City of Denton 215 East McKinney Street Denton, Texas 76201 Michael Conduff, City Manager Article 12. Sole Agreement, Sole Agreement of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 13. Successors and Assigns, The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 14. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 15. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. Article 15. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date District Engineer THE LOCAL GOVERNMENT City of Denton 215 East McKinney Street Denton, Texas 76201 Michael Conduff, City Manager Date APPROVED AS TO FOR}/I: C~TY Arro~ BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Attachment A Payment Provisions and Work Responsibilities Description of the Cost of the Items of Work The Local Government's total estimated cost for the PROJECT is $50.0,000.00 for the Local Government's contribution towards construction cost. No right-of-way purchase is required for the project. The Local Government will provide, at no cost to the State, all preliminary engineering and PS&E documents. The City will pay these monies directly to the engineering firm providing the services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto, unless specifically approved by the State. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for .participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. Schedule of Payment Sixty .days prior to the construction letting date, t.he Local Government wilt remit a check or warrant made payable to the Texas Department of Transportation in the amount of $500,000.00 to be used in payment for the Local Government's voluntary contribution towards construction cost. No Guarantee of Funding/No Reimbursement of Funds The Local Government understands that funding by the State for Construction is not guaranteed to be available for the authorized highway improvement Project. The Local Government, cognizant of the funding situation, agrees not to seek reimbursement from the State at any time in the future for those Project items of work ATTACHMENT B AREA MAP AND SITE LOCATION MAP ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A LOCAL PARTICIPATION ADVANCED FUNDING AGREEMENT FOR AN ON-SYSTEM PROJECT RELATED TO THE IMPLEMENTATION OF THE PROPOSED IH-35-E SOUTHBOUND RAMP REVERSALS BETWEEN LOOP 288/LILLIAN MILLER PARKWAY AND STATE SCHOOL ROAD (WIND RIVER LANE) PROJECT IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the elements of the contracts that vary from project to project include the project specifications and the funding arrangements; and, WHEREAS, for purposes of streamlining the contract process, the Texas Department of Transportation (TxDOT) has designed two agreements: (1) a Master Advance Funding Agreement (MAFA) and (2) a Local Project Advance Funding Agreement (LPAFA); and, WHEREAS, the MAFA contains what may become statewide contract standards that are currently generally agreeable to all cities and counties; and, WHEREAS, the MAFA will need to be approved only one time by the local municipality, county or other governing political subdivision; and, WHEREAS, THE CITY OF DENTON, on the 6th day of July, 2000, has entered into a MAFA with TxDOT; and WHEREAS, to accomplish each project, the LPAFA contains provisions related only to the local project needs; and WHEREAS, the IH-35E - Wind River Lane Ramp Reversal Project LPAFA addresses the reversing of ramps associated with the Loop 288/Lillian Miller Road and State School Road with the entrance ramp just south of Loop 288/Lillian Miller Road being replaced by an exit ramp and the exit ramp just north of State School Road being replaced with an entrance ramp with project limits described as 800 feet west of State School Road to 200 feet east of Loop 288 East, northbound on IH-35E; and WHEREAS, the projected cost of construction for the $1,151,000.00 with the City's cost for construction participation being $ 428,183.00; and WHEREAS, the IH-35E - Wind River Lane Ramp Reversal Project LPAFA would allow the project to proceed through the letting process; and NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The recitations and findings comained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council of the City of Demon, Texas hereby approves the Local Project Advanced Funding Agreemem (LPAFA) for the IH-35E - Wind River Lane Ramp Reversal Project in substantially the same form as the agreement attached hereto and made a part hereof by reference. The City Manager or his designee is hereby authorized to execute the LPAFA on behalf of the City of Demon and to exercise the rights and duties of the City thereunder including the expenditure of funds as provided therein. SECTION 3. This ordinance shall be effective immediately from and after its passage and approval. PASSED AND APPROVED this the __day of .,2003 ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY:. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: April 15, 2003 Engineering .... ~, ~'~ David Hill, 349-8314 SUBJECT Consider adoption of an ordinance approving a real estate contract between the City of Denton and Denton County relating to the purchase of the County's one half undivided interest in 2.93 acres of land located in the Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas, and being part of a tract of land as described by deed to the City of Demon, Texas and Demon County, as recorded in Volume 383, Page 187, Deed Records, Denton County Texas; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND The City of Demon is in the process of acquiring an easemem and real property for the Demon West Electrical Utility project. This electrical project is designed to greatly increase the electrical capacity and backup required not only the acquisition electrical mility easemems, bm also acquiring property for the Ironhorse Electrical Substation. Acquisition of the subject property is an importam component of the overall electrical project. The acquisition will further "clean up" the lease with the National Guard in that the subject property has been effectively cra-off and isolated from the remaining Armory property by the Burlington Northern and Sama Fe railway. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE Demon West Electrical Utility project to be initiated upon possession of necessary parcels, Estimated in June, 2003. PRIOR ACTION/REVIEW None FISCAL INFORMATION An appraisal of the subject property was performed by the Appraisal, Brokerage & Consulting Company indicating a rounded value of $43,000.00 for the 2.93 acre parcel. The City of Demon has offered $21,500.00 for Demon County's imerest in the property. On March 11, 2003, the Denton County Commissioners Court unanimously approved the motion to accept the offer. 2.93 acre X $14,600/acre X 0.50 = $21,500.00 (rounded) ATTACHMENTS Location map Draft ordinance Exhibits Prepared By: Tod J. Taylor Real Estate Specialist Respectfully submitted: Charles Fiedler, Director Engineering Department National Guard Arm, ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DENTON coUNTy RELATING TO THE PURCHASE OF THE COUNTY'S ONE HALF UNDIVIDED INTEREST IN 2.93 ACRES OF LAND LOCATED IN THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 996, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND AS DESCRIBED BY DEED TO TIlE CITY OF DENTON, TEXAS AND DENTON COUNTY, AS RECORDED IN VOLUME 383, PAGE 187, DEED RECORDS, DENTON COUNTY TEXAS,; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a Real Estate Contract between the City and Denton County, Texas in substantially the form of the Real Estate Contract which is attached hereto and made a part of this Ordinance for all purposes, for the purchase of the County's one-half interest of an approximately 2.93 acre tract to facilitate an exchange of land for the future Ironhorse Electric Substation. SECTION 2. The City Manager is authorized to make the expenditures as set forth in the attached ReaI Estate Agreement. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARy EULiNE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. BY: ,~~TTORNEY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by Denton .County, Texas a pollt~cal Subdivision of the State of Texas (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County~ Texasx (hereinafter' referred.~o as ,,Purchaser"), upon .the terms and conditions set forth herein.~ PURCHASE AND SALE' Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all of its one half undivided interest in and. to that certain tract, lot °r parcel of land described in ~EXHIBIT A", attached herein, with .all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such'real property, rights, and appurtenances being hereinafter referred to as the -Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter .set forth. PURCHASE PRICE 1. .Amount o£ Purchase Price. The total purchase price for the Property shall be the sum of Twenty One Thousand Five Hundred Dollars and No Cents {$21,50d¥00) (the ~Purchase Price"). Paymen~ o~ Purchase Price. The full amount of ~he ~rchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the followlng conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1, Preliminary Title Report. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or ~efore the expiration of ten (10) days after Purchaser receives the Commitment that the c~ndStion of title as set forth in the Co~unitment is or is not satisfactory. In the event Purchaser states the condition of title is' not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable mat~rs to the reasonable satisfaction of Purchaser. In the event Seller is unable or elects not to do so within ten (10) days after receipt of written notice, Purchaser at its option, may grant Seller additional time to cure, terminate this Agreement or accept the condition of title and proceed to closing. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjaceht to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set 'forth the number of total acres comprising the Property, together, with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to elim/nate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable or elects not to do so within ten (10) days after receipt o£' written PA~E 2 notice, Purchaser, at its option may elect to terminate this Agreement, grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's'acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, oh- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to 'be performed, observed, and complied with by Seller prior to or as of the closing. CLOSING The 'c~osin~ shall be held at the office of Texas Title Cqmpany, 2215 S. Loop 288, Suite 320, Denton, Texas ?6205 on or befo=e April 1, 2003, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSIN~ REQUIREMENTS 1. Seller's Re~uirements~ At ~the closing Seller shall deliver to the City of Denton a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible fee simple title to the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for any exceptions ~pproved by Purchaser pursuant to Purchaser's Obligations hereof and any exceptions approved by Purchaser in writing. 2. Purchaser's Requirements. Purchaser shall pay .the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. All costs and expenses of closing in consumma, ting the sale and purchase of · the Property not specifically allocated herein shall be paid by Purchaser, except for Seller's attorney fees. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there PA~E 3 are no broker or real estate fees due as a result of the consummation of this contract. BREACH BY SELLER In the event Seller shall fail to fully and timely perform' any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consuaunate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. ASsignment of %greement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- rarities, covenants, and agreements of the parties, as Well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United. States mail, postage prepaid, certified mail, return receipt r~quested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. PAGE 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and ~11 obligations o~ the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inur~ to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. ~egal construction. In case any one or more of the pro- visions contained in this Agreement ~hal~ for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other..provision hereof, and this Agreement shall be construed as if the invalid, il!egal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject ~atter. 8. Time of Essence. Time is Of the essence., in this Agreement. 9. Gender. Words of any ~ender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorand~un of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirement~ of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney o~ Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Se1- PAGE 1er, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. 13. Effective Date. The term ~Effective Date" means the latter of the dates on which this Contract is signed by either Sellers or Purchaser, as indicated by their signature below. If the last ~arty to execute this Contract fails to complete the ~ate ,of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of this fully executed contract is the Effective Date. IN WITNESS WHEREOF, Seller and Purchaser have executed 'this contract to be effective as to the Effective Date. Acting on behalf of and By authority of the co~issioners Court of Denton Cowry, Texas PAGE 6 CITY OF DENTON, TEXAS BY: Michael A. Conduff City Manager 215 E. McKinney Denton, Texas 76201 ATTESTz JENNIFER WALTERS, CITY SECRETARY BY: ~,PPROVED AS FORM: PAGE 7 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON This 'instrument i~ &cknowledged before me, on this day of , 2002 by Michael A. Conduff, City Manager, of the City of Denton, a muni~ipal corporation, on behalf of sai~ municipal corporation Notary Public fn and for the State of Texas STATE OF TEXAS COUNTY OF DENTON tacknowledged before", me, on this /~-~.. day is , 200~ by Mary Horn, County Judge of Denton Co%L~ty, Texas, on behalf of said~ty~. ~[Fd~'l~ N~aqPub~ ~ the/~te of Texas of the PAGE TITLE COMPANYACCEPTANCE AND ACKNOWLEDGEMENT The T~tle Company acknowledge~ receipt of the fully executed Contract on__ day of , 2003. TITL~ COMPANY: Name: Texas Title Company Address: 2215 $. Loop 288, Suite 320 Denton, Texas 76205 Telephone% 940-382-8251 Printed Name~ Title: PAGE 9 DENTON Exhibit A l£6At OESC~IPTIOtl for a 2.930Acre tract out of the £U6£N£ PA £HAl SKI SIIfCV£Y A.9£6 Denton, Denton £ounty, Texas Bain# ell that certain remainder tract, parcel or tot of land out of the Eugene Pachalski Surve?,4.996 in the City of Denton, Denton'County, Texas described by deed recorded in Volume 383, Page 187, Deed Records, Denton County, Texas and mom part~ulari7 described as follows: BEGINNING at a one.half inch iron rod found for the common re.entrant comer of the tract described by dead recorded in Volume ~796, Page 60i Deed Records, Denton County Texas and in the south ri~ht.of, way line of West Prairie Street at the ~est end of sald stree~; THENCE: with the said soqth right.of, way line of Prairie S/rea6 $ 88'II 20' E, a distance 01239.28 feet to e five.eights inch iron rod set for a comer, in tho southwest right, of. way tine of the Burlington Northern - Santa Fe Railway Co; bom which a TXBO T Brass £isk set in concrete bears S 68 ° 11'E, 824.1 feet; THENCE.. with the said railwad southwest right.of, way#ne, $21 °$6' 03" E., a distance of 42ZY8 feet to a five. eights inch iron tod set for corner in the north line o/e tract describedby deed recorded in Votvme 179~, Page ~Ol Deed Records, Denton County, Texas/from ~hicb a TXDOT Brass Disk set in concrete hears S 88* 16' ~ 489.9 fee6' THENCE.: leaving the said roi/road right,of, way line and with the said common line, N 88* 16' 25" W, a distance of 41 I.£$ feet to a one.ha/finch iron rod found for a comer; TH£NC£: continuing 'v/ith the said line, N Ol *52 39~ E, a distance o/392. I9 feet to the #bce of beginning and containing 2.930 acres of land more or less as surveyed bY iohn gal/ir rpls gt£70 during th~ month of Se#t 2002. (see attaebed surve7 s~etcb H-O01) AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: April 15, 2003 Parks and Recreation Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of DeNon, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2003 Summer Food Service Program; if such funding is grained, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. BACKGROUND This free lunch program is designed to serve children in areas of low-income populations during the summer months when traditional school lunch programs are not on effect. This program is sponsored and funded by the United States Department of Agriculture, Food and Nutrition Service. This Summer Food Service Program is a continuation of the free lunch program that is offered during the school year. The Texas Department of Human Services has made an effort through outreach to increase the number of cities participating in the program. Cold sack lunches will be prepared by the Denton Independent School District and served at the following locations: 1) MLK Recreation Cemer, 2) Phoenix Park, 3) Denia Park, 4) Civic Cemer Park, 5) Owsley Neighborhood, 6) Fairway Villas , 7) Village East Apartmems, 8) Fred Moore Park, 9) Borman Elememary Summer School, 10) Lee Elememary Enrichmem Program, 11) Borman Elememary Summer School, 12) Church of Christ, 13) Mack Park Apartmems, 14) Ryan High School. The total estimated cost for this program is approximately $62,500 which is reimbursed by the Texas Department of Human Services. The Parks and Recreation Department first offered the Summer Food Service Program in 1992 at Denia Park, Phoenix Park, Fred Moore Park, Civic Cemer Park, and two summer school locations. At these six locations, a total of 14,776 lunches were served to children 1 through 18 years of age. The Summer Food Service Program expanded to eight locations during the summer of 1993. The additional locations were the TWU Clubhouse Program and the Owsley Neighborhood. The total number of lunches served throughout the summer was 14,748. In 1994 the Village East Apartmems were idemified as a low-income area and became a Summer Food Program Site. Through the summer 15,094 lunches were served at the nine sites. In 1995, the nine summer food sites served 15,585 lunches at a cost of $32,712. A slight decrease occurred in 1996 because the two summer school sites were enrolled sites with lower attendance. In 1996 the nine summer food sites served 13,511 lunches at a cost of$30,111. In 1997 the Boys and Girls Club requested to be part of the summer food program. The addition of temh summer food site increased the number served to 17,609 lunches at a cost of $38,342. In 1998 the ten summer food sites served 17,843 lunches at a cost of $38,535. in 1999, the ten summer food sites served 15,970 lunches at a cost of $36,969.10. in 2000, the addition of 2 summer school sites increased the lunches served to 19,089 lunches at a cost of $42,017. in 2001, lunches served increased to a grand total of 24, 124 lunches served at a cost of $51,448. in 2002, lunches served increased to 14 sites with 28,221 lunches served. OPTIONS Approval of the contracts with the United States Department of Agriculture, Food and Nutrition Service and Denton Independent School District in its entirety. RECOMMENDATION Staff recommends approval of the proposed ordinance. ESTIMATED SCHEDULE OF PROJECT Summer lunches will be served from June 2, 2003, to August 1, 2003. No lunches will be served on Friday, July 4, 2003, in observance of the independence Day Holiday. PRIOR ACTION/REVIEW The Denton Independent School District recommended approval to contract the preparation of cold sack lunches for this program when the issue was presented to their board on March 11, 2003. The program is scheduled for implementation on June 2, 2003. FISCAL INFORMATION The Texas Department of Human Services will reimburse all costs associated with the program, which administers this grant. BID INFORMATION Not applicable. EXHIBITS 1. Ordinance 2. Food Site Location Map 3. Certificate of Authority Respectfully submitted: Prepared by: Kathy Schaeffer, Youth/Teen Services Manager Parks and Recreation Department Ed Hodney, Director Parks and Recreation Department F:\admin\City Council\Summer Food contract 4-2-02~AGENDA INFORMATION SHEET 4-2-02 Summer Food.doc S :\Our Documents\Ordinances\03\summer food service.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL LUNCH ACT TO OBTAIN FUNDING FOR THE 2003 SUMMER FOOD SERVICE PROGRAM; IF SUCH FUNDING IS GRANTED, THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM AGREEMENT WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas will submit an application for funding under the National School Lunch Act, to the Texas Department of Human Services for the purpose of making meals available to eligible children at the City's Summer Action Site programs; and WHEREAS, pursuant to the grant, if received, the City will contract with the Denton Independent School District to provide the meals at the various sites; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS: SECTION 1. The City Manager is hereby authorized to execute, on behalf of the City, an application for funding under the National School Lunch Act, and if funded, the Summer Food Service Program Agreement with the Texas Department of Human Services, a copy of which is attached hereto and incorporated by reference herein, along with any other documents and certificates necessary to obtain such funding. SECTION 2. The City Manager is hereby authorized to execute a contract with the Denton Independent School District, substantially in the form of the contract which is attached to and made a part of this ordinance for all purposes, to provide meals for eligible individuals at the various sites, and such other docmnents and certifications as are necessary to carry out the 2003 Summer Food Service Program, if such program is funded per the terms set forth in Section I above, and to handle all fiscal and administrative matters relating to the application and the program. SECTION 3. The expenditure of funds necessary to administer the 2003 Summer Food Service Program is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of .,2003. EULINE BROCK, MAYOR EXHIBIT 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 Optimist Club PARK ' U#IV~RSlTY E~61 r OP~ Borman Elem Bm~r~ HOB$O# ST. AVONDAL~ McK]NNEY ~ RYAN ROAD HICKORY CI~EX Village East Apt. Lee Elem Mack Apt. OPEN ~PAC! Applecreek Apt. Apt. PAAK EXHIBIT 2 State of Texas County of Denton AGREEMENT TO FURNISH FOOD SERVICE CITY OF DENTON and DENTON INDEPENDENT SCHOOL DISTRICT FOOD SERVICES THIS AGREEMENT is made and entered into by and between the Denton Independent School District and the City of Denton both of whom are local governmental entities authorized to enter into interl0cal agreements under Chapter 791 of the Texas Government Code. (Vernon 1994) Whereas, theinterlocal agreement contemplates the performance of function or services that each party to this contract is authorized to perform individually. Whereas, that the City of Denton is making payment under this agreement which it is funding from payments from current revenue; whereas, the payments provided by the City of Denton are in an mount that fairly compensates the Denton Independent School District for the services that it is performing. Witnesseth: I. Provision of Meals agrees to supply unitized meals inclusive of milk and juice Denton Independent School District to the City of Denton Parks and Recreation Department, at the MLK Recreation Center, Phoenix Park, Denia Park, Civic Center, Owsley Neighborhood, Optimist Club, Mack Park, Church of Christ, Fairway Villas, Village East Apartments, Fred Moore Learning Center, Borman Elementary, Lee Elementary, Wilson Elementary and Ryan High School. Breakfast ...... $ 0.00 each Lunches ....... $ 1.90 each Snacks ......... $. 0.00 each Supper ......... $ 0.00 each II. Menu Records It is further agreed that the Denton Independent School District pursuant to the provisions of the Summer Food Service Program Regulations, a copy of which is attached as Exhibit "A" and is part of this agreement, will assume that said meals meet the minimum requirements as to nutritive value and content as outlined in the U.S.D.A.'s sponsor Meal Preparation Handbook, and will maintain full and accurate recordings of such, including the following: 1. Menu Records, including amount of food prepared. 2. Meals, including daily number of meals delivered by type. III. Retention of Records These records must be reported to the institution promptly at the end of each week. Denton Independent School District agrees also to retain records required under the preceding clause for a period of three years and 90 days after the end of the contract per/od. If audits, claims or litigation have not been resolved, all records must retain beyond the required time period until all issues are resolved in accordance with the Summer Food Service Program Agreement between The City of Denton and The Texas Department of Human Services. IV. Compliance With Immigration Laws The Denton Independent School District agrees to comply with the requirements of the Immigration Reform Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired after November 6, 1986 who will perform labor or services under this contract. V. Audit The Denton Independent School District agrees to allow for purposes of audit, examination, excerpt, and transcription: the USDA, the Comptroller of the United States, D.S. and any of their authorized representatives to have access to any of the contractor's books, documents, papers, and records that are pertinent to the contract. VI. Energy_ Efficiency. The Denton Independent School District agrees to comply with the required mandatory standards and policies concerning energy efficiency contained in the Texas Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). VII. Remedies For Breach of Contract The Denton Independent School District agrees that except for small purchase contracts, it will comply with and enforce provisions that allow for administrative, contractual, or legal remedies if contractors violate or breach contract ten-ns, and any appropriate sanctions and penalties. VIII. Compliance With Labor Regulations The Denton Independent School District agrees to be in compliance with Section 103 of the contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by the Department of Labor regulations (29 CFR, Part 5). Under this Act, contractors must compute the wages of mechanics and laborers on the basis of standard workday of eight hours and a standard workweek of 40 hours. Work that exceeds the Standards must be compensated at least 1 V2 times the basic pay rate for overtime hours worked. These requirements do not apply to the purchase of supplies or materials ordinarily available on the open market or contracts for transportation. IX. Equal Employment Op_ porttmity The Denton Independent School District agrees to comply with Executive Order 11246 entitled "Equal Employment Oppommity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41CFR, Part 60). X. Compliance With Laws The Denton Independent School District agrees to comply with all other applicable laws, including without limitation, any additional applicable Federal Laws or regulations contained in the Summer Food Pro,am Agreement between the City of Denton and the Texas Department of Human Services. XI. Remedy For Breach If the Denton Independent School District fails to provide services in accordance with the provisions of this contract, the Ci_ty of Denton may, upon written notice of default to the contractor, immediately terminate the whole or part of this contract. XII. Consideration The City_ of Denton agrees to pay Denton Independent School District for all meals ordered on daily basis at the rate agreed upon in this contract. XIII. Term The agreement shall be effective as of June 2, 2003 and shall have the same term as the Summer Food Program Agreement between the City of Denton and the Texas Department of Human Services. It may be terminated by notice in writing given by any party hereto to the other parties at least 30 days prior to the date of termination. XIV. yenue This agreement shall be interpreted in accordance with the laws of the State of Texas. Any litigation filed with regard to this contract shall be tried in a court of competent jurisdiction setting in Denton County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the dates indicted below: Agreed to this date Sponsor Official Title: City_ Manager Agreed to this date 3 "i ! -03 DISD Sponsor ~' ~ Title School Board President The location of the food preparation site will be: Rivera Elementary School 701 Newton Denton, Texas 76205 APPROVED AS TO LEGjkL FORM: HERB~~TTORNEY BY: ~- °~L~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: STATE OF TEXAS § COUNTY OF TRAVIS § TEXAS DEPARTMENT OF HUMAN SERVICES SPECIAL NUTRITION PROGRAMS AGREEMENT The Texas Depamnent of Human Services, hereinafter referred to as TDHS, AND City of Denton, Texas, A Texas Municipal Corporation' at 321E. McKinney St., Denton, TX' 76201 hereinaf~ referred to as the Contractor, do hereby make and enter into this contract, as required by the National School Lunch Act and the Child Nutrition Act, as amended, and the following program regulations: the National School Lunch Program (NSLP), 7 Code of Federal Regulations (CFR) Part 210; the Special Milk Program {SMP), 7 CFR Part 215; the School Breakfast Program (SBP), 7 CFR Part 220; the Summer Food Service Program (SFSP), 7CFR Part 225; and the Child and Adult Care Food Program (CACFP) 7 CFR Part 226. This agreement establishes or continues the fights and responsibilities of TDHS and the Contractor pursuant to the Contractor's participation in one or more of the above named programs as stipulated herein. If this agreement continues an existing agreement, all existing terms, conditions,, habilities and obligations of the parties under the prior agreement remain in full force and effect, except to the extent that those terms, conditions, liabilities and obligations conflict with this agreement, in which case this agreement takes pre.cedence. By signing this agreement, both parties are bound by its terms and conditions from its beginning effective date, or the beginning effective date of any prior agree, menUs continued by this agreement, until terminated in.accordance with this agreement. I. MIJrUAL AGREEMENTS The Parties mutually agree; A. If the Contractor fails to provide services in accordance with the provisions of this contract, TDHS may, 'upon written notice of default to the Contractor, immediately terminate the whole or anypart of this contract, including refusal to pay claims for reimbursement, and such termination shall not be an exclusive reanedy but shall be m addition to any other rights and remedies provided by taw or under this contract. B. If federal or state laws or other requirements are amended or judicially interpreted so that the continued fulfillment of this contract, on the part of either party, is substantially unreasonable or impossible, or ffthe parties are unable to ogee upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated by this contract theh, the parties shall be discharged from any ~xu'ther obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interest or obligations, including audit findings, incurred up to the date of termination. C. This contract may be canceled by mutual consent However, if such mutual consent cannot be attained, then and in that event, either party to this 'contract may considex it to be canceled without cause by giving thirty (30) days notice in writing to the other party and this contract shall thereupon be canceled upon the expiration of such thirty (30) day period. Nothing in this paragraph shall be construed to prohibit immexliate cancellation pursuant to above paragraphs A and/or B. · II. CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT ' A. The Contractor will comply with the applicable regulations for its designated progran~ as well as 7 CFR Parts 245 and 250 as amended, the Uniform Federal Assistance Regulation (7 CFR, Part 3015, as amended), Audits of State, Local Governments, and Non-Profit 'Organizations (7 CFR 3052, as amended)and state policies and prOced~es as issued and ~ by TDI-iS. The Contractor further agrees to pe~'form as descr/bed in its application (including its Policy statement and supporting documents, and approved amendments to the application) for participation m the designated program. B. Th~ Contractor accepts final administrative and financial responsibility for food service operations m each school, summer fenxling site, and child and/or adult care facility, bereina_fter referred to as a site, operated or sponsored by the Contractor. The responsibility includes any audit exceptions or payment deficiency in the program covered by this contract, and all subcontracts hereunder, which are found after monitoring or auditing by TDHS or USDA and will be responsible for the collections and payback of any amount paid in excess of the proper claim amoimt. C. The Contractor submits for TDHS approval only thos~ applications for sit~s which have delegated the authority for the adminisl~on of food service ope:rations to the Contractor or which have executed subagreements with the Contractor for the admimstration of food services operations. D Contractors participating in the NSLP agree 1. that the official signing the Claim for Reimbursement will be responsible for reviewing and analyzing meal counts to ensure accuracy and compliance with federal regulations 3. to enter mW an agrcement to receive donated foods as required by federal regulations, and to price lunch as a unit E. Contractors participating in the CACFP provide or accept responsibility for the provision of organized, non-residential child day care and will immediately report to The Texas Department of Protective and Regnlatory Services (TDPRS) Licensing or Child Protective Services staff, any suspected violations of TDPRS Licensing standards or suspected abuse of children m sponsored centers or day homes. RECORD KEEPING A. The Contractor will keep .financial and supporting documents,.statistical records and for which a claim was submitted ;- ~u .......... ,. , any other records pertinent to th ' · . =~ mc ma-qaer ann aetmi prescribed by TDHS Th~ .... n~ :_~ ~_ _ ..... e ,servt~s a mum of 3 years and 90 days after the termination of the federal fiscal year for the relevant program. If any litigation, ~ .... ,~ ,~u~ ~u~a aocumems wm De Kept Ior claim, or audit revolving these records begins before such perked expires, the Contractor will keep the records and documents for not less than 3 years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when there is a final order issued in litigation, or a written agreement is entered into between TDHS and the Contractor. The Contractor will keep records of non-expendable property acquired under the conlxact for 3'years and 90 days after final disposition of the property. B. The Con,actor and its subcontractors will allow TDHS and USDA officials and other appropriate officials determined by TDHS to inspect facilities and records and to audit, examine, and Copy records at any reasonable time. This includes access to all records o£ costs paid, even in part, by TDHS. C. The Contractor and its subcontractors will establish a method to secure the confidentiality o/records and other information relating to clients m ac.r~rdanc~ with the applicable federal law, rules, and regulations, as well as the applicable state law and regulations. The provision shall not be construed as limiting the Department's right of access to recipient case records or other information relating to clients served under this contract. D The Contractor certifies that the goods and/or service(s) covered by this contract are designated to be used prior to, during, and after calendar year 2000 AD. The goods and/or service(s) will be operat~ during such time periods without error relating to date which represents different centuries or more than one century. 'IV. CIVIL RIGItTS POLICY' COMPLIANCE The Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and all requirements imposed by the regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that act and the regulations. Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabihfies Act of 1990 (Pubhc Law 101-336), Title IX of the Education Amendments of 1972 (7 CFR Part 15a), the Age Discrimination Act of 1975 (Pubhc Law 94-135), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In addition the contractor agrees to comply with Title 40, Chapter 73, of the Texas Admini.qtrative Code..These provide m part that no person m the Umted'States shall, on the ground of race, color, national origin, sex, age, disability, political behefs, or religion be excluded ~rom participation m, or denied any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. The contractor also agrees to comply with Health and Safety 'Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV).. The contractor hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. This assurance is given m consideration of and for the purpose of obtaining any and all federal financial assistance, grants and loans of federat funds, reimbursable expenditures, grant or donation of federal property and interest in property, the detail of federal personnel, the sale and lease of~ and the pe~-~sion to use, federal property or interest m such property or the furnishing of services without consideration or at a nominal consideration, or at. a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease or furnishing of services to the recipient, or any improvements made with federal financial assistance extended to the program applicant by the TDHS. This includes any federal agreement, arrangement, or other contract which has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representation and agreements made in this assurance. The Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of the above Acts and permit authorized TDHS, USDA and FNS personnel during normal working hours to review such records~ books, and accounts as needed to ascertain compliance with the above Acts. If there are any violations of this assurance, TDHS, USDA and FNS have the right to seek judicial enforcement of this assurance. This assurance is binding on the Contractor, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance fi:om the department. The person whose signature appears on this contract is authorized to sign this assurance on the behalf of the Contractor. A religious or charitable organization is eligible to be a contractor on the same basis as any other private organization. The conlractor retaim its independence from State and local governments, including the contractor's control over the definition, development, practice, and expression of its charitable or religious beliefs. Except as provided by federal law, TDHS shall not interpret this contract to require a charitable or religious orgamzation to alter its form of internal governance or remove religious art, icons, scripture, or other symbols. Furthermore, if a rehgious or charitable organization segregates the government funds provided under the contract, then only the financial assistance provided by these funds will be subject to audit. However, neither TDHS's selection of a charitable or faith-based contractor of services nor the expenditure of funds under this contract is an endorsement of the contractor's charitable or religious character, practices, or expression. The purpose of this. contract is the provision of services; no State expenditures have as their objective the funding of sectarian worship, instructions, or proselytization. A charitable or faith-based provider of services under this contract shall reasonably apprise all assisted individuals of the following 'Sqeither TDHS's selection of a charitable or faith-based provider of services nor the eXpenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious betel, or your refusal to participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider, ffyou beheve that your fights have been violated, please discuss the complaint with your provider or nOtify your local TDHS Special Nutrition Programs office. Section 104 of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 42 U.S.C. § .604a, sets forth certain additional rights and responsibilities for charitable and faith-based providers of services, certain additional rights of assisted indiv/duals, and certain additional responsibilities of TDHS to these providers and assisted individuals. This contract is subject to those additional rights and responsibilities. TDHS CLAIMS PAYMENT TDHS will, subject to the federal appropriation and availability to TDHS of sufficient funds for the applicable program, make program payment to the Contractor m accordance with the terms of this agreement. No reimbursement shall be made for performance under this agreement occurring prior to (a) the beginning effective date of this agreement or (b) a later date estabhshed by TDHS based on the date of receipt of a fully executed copy of this agreement. In accordance with Section 403.055(h) of the Government Code, as added by Act of May 19, 1999, 76th Leg. R.S., ch. 583, Sec. 1, 1999 Tex. Sess. Law Set. 3125 (Vernon), any payments owing to the contractor under this contract will be apphed toward elimination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state, or delinquency m payment of taxes that the comptroller administers or collects until the indebtedness or delinquency is paid in full. This clause does not apply if federal law requires payment to be made to the contractor for goods and services provided in support of any of the USDA child and adult nutrition progxams, and may not apply if federal law conditions the receipt o£the money for these goods or services to the state on the basis of payment being made to the contractor. Vl. IMMIGRATION The Contractor agrees to comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment verification and retention o£verification forms for any individuals hired after November 6, 1986, who will perform any labor or services under this contract, CERTIFICATION Regarding Debarment, Suspension, Ineligibility, or Voluntasy Exclusion For Covered Contracts - The contractor certifies, by execution of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, deetared ineligible, or voluntarily excluded from participating in this contract by any federal depm-unent or agency or by the State of Texas. By making this certification the contractor agrees to the following terms: The above certification is a material representation of fact upon which rehance was based when this contract was entered into. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services, Umted State Department of Agriculture or other federal department .of agency, or the Texas Department of Human Services may pursue available remedies, including suspension and/or debarment. · The contractor shall provide immediate written notice to the person to which this certification is submitted if at any time the contractor learns that the certification Was erroneous when submitted or has become erroneous by reason of changed circumstances. The words "covered contract," "debarred," suspended," "ineligible," "participant," "person, .... principal," "proposal," and voluntarily excluded," as used in this certification have meanings based upon materials in the Defiaitions and Coverage sections of federal rules implementing Executive Order 12549. Usage is defined in the attachment. The contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded fi.om participation in this covered transaction, unless authorized by the Department of Health and Human Services, umted States Department of Agriculture or other federal department or agency, and/or the Texas Department of Human Services, as apphcable. CERTIFICATION (Continued) D+ The contractor further agrees by submitting this certification that it will include TDHS Form 2046 titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification, in all covered subcontracts and in all solicitation for all covered subcontracts. A contractor may rely upon a certification of a subcontractor that it is not debarred, suspended, inehgible, or voluntarily excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, · at a minimum, obtain certificates from its covered subcontractor upon each subcontractor's initiation and upon each renewal. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The -knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings., Except for contracts authorized under paragraph 4 of these terms, ff a contractor in a covered contract knowingly enters into a covered subcontract with a person who is suspended, debarred, inehgible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, Department of Health and Human Services, United States Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Deparmaent of Human Services may pursue available remedies, including suspension and/or debarment. Regarding Federal Lobbying - This certification applies only to this contract and is a material representation of fact upon which rehance was Placed when this transaction Was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies, to the best of his or her knowledge and belief, that: No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any fedei-al contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federally funded contract,' subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Foma to Report Lobbyings" in accordance with its instructions. The contractor shall require that the language of this certification be included in the award documents for all covered subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly. The contractor certifies that ff it is a corporation, it is either a for-profit corporation that is not delinquent in its franchise tax payments to the State of Texas, or is a non-profit corporation, or is otherwise not subject to payment of franchise taxes to the State of Texas. The contractor certifies that all information submitted pursuant to this agreement is tree and correct. The contractor understands that the deliberate misrepresentation or withholding of information is a violation of this contract and may result in prosecution under applicable state and federal statutes. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. VIII. EFFECTIVE DATE AND SIGNATURES The parties hereto in their capacities stated, affix their signatures and bind themselves for the faithful performance of the terms of this contract pursuant to participation in the following program or programs: National School Lunch Program School Breakfast Program Special Milk Program 'Child and Adult Care Food Program Summer Food Service Program ~s City of Denton Name of Contracting Organization (Please print or type) Signature of chairman of the board of directors or other official who has been authorized to sign contracts on behalf of the contracting organization. Mike Conduff Name of Official Signing (Please print or type) City Manager Title of Official (please print or type) · TEXAS DEPARTMENT OF HUMAN SERVICES Effective from By: TDHS Representative until terminated. Approved for Form by OGC: Signature on file Revised May 2001 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED &9-T~ LEGAL FORM: HERB ERT .~~~/~TT ORNEY BY: - od ~ 2 ' '~ ~ Form 4508 Texas Department May 2000 ,f Human Services .... SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY This is to certify that the following person(s): Name of Auth0rized Repres'~ntative (please type or print) [ ~itie Planager Mike. Conduf f X ....S. ignature~utho, rized Representative .... Name of A~thorized Representative (please type orprint) j T~tie .... Kat,.h.y Schaeffer I Youth/,,Teen Serv.ices Mgr X Si§'nature-A~thorize~ Representative ,., is (are) designated as an Authorized Representative of .... ~ame of Contracting Organ'i~ation City Of Denton ......... Addre~ (Street, C~, State, ZiP) 321 E. McKinney ,,St.. D~_n~n. my The representative(s) designated above, and myself, acknowledge that each is individually authorized on behalf of the contracting organization to make written agreements with the Texas Department of Human Services to operate a food program, to sign documents or reports about the agreement, and to present claims for reimbursement, when appropriate, to the deparlment- By signing this document, we certify individually and collectively that to the best of Our knowledge and belief, all documents submitted physically or electronically on behalf of the above named Contracting Organization pursuant to our participation in any and all programs administered by Special Nutrition Programs, TDHS, are/will be true and correct in ail respects, that they am/will be completed according to the terms and conditions of existing agreements including amendments, that records are/will be available to support any and all claims, and Ihat we will not submit claims (excluding amended/adjusted claims) for goods or services for which we have already received payment. We recognize that we are fully responsible for any excess amounts which may result from errors made in relation to the compisfion and submission of claims. We are also aware that deliberate misrepresentation or withholding of information may result in prosecution under applicable state and federal statutes. '~lame of Official of Contracting Agency (p/ease typ~"~rprint) M,.ike con.duff / ..c.,ity Manager .,, ,., : X Sign.ature-Offi~a~ of Con~cting AgenCY DELETED AUTHORIZED REPRESENTATIVES: A cont~ffing organization may not have more than three (3) Authorized Representatives, including the Official of the Contracting Agency. If you are replacing or deleting an Authorized Representative, list the name(s) of ti~e individual(s) to be removed as Authorized Representative(s) below:. Name of D~i~ted Repres~'ntative .... Name of Delet'ed Represeh~ab've FOR OHS USE ONLY Received By [C0n~act No. 75- AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: March 31, 2003 City Manager's Office Michael Conduff, City Manager SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the Chi Omega, Alpha Alpha Chapter of the University of North Texas, "Just Wish for It" Fun Walk, Sunday, April 27, 2003 at South Lakes Park. Chi Omega is specifically asking for an exception to the ordinance for the day of the week, which will allow them to have amplified live music in the park on a Sunday from 2:30 p.m. to 3:30 p.m. BACKGROUND Chelsea Kindred, Director of Community Service for Chi Omega is requesting a noise exception for the fun walk, to allow the Eli & Young Band to play a set from 2:30 p.m. to 3:30 p.m. at Pavilion 1 of the South Lakes Park in conjunction with their charity fun run. The event benefits Chi Omega's philanthropy, which is Make-A-Wish, and it is their contention that the ability to offer a live music performance will increase attendance, participation and ultimately to amount of money they will be able to raise. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None FISCAL INFORMATION None Betty Williams Director of Management and Public Information Prepared By: Pamela Rambo-Estill, Management Assistant Attachments: Letter from Chelsea Kindred of Chi Omega March 25, 2003 Dear Ms. Pamela Rambo-Estill: The ladies of Chi Omega, Alpha Alpha Chapter at the University of North Texas are in the process of preparing for om' First Annual "Just Wish for It" Fun Walk. We are hosting this event at Denton's South Lakes Park on April 27, 2003. We are requesting permission to use amplifiers so that the Eli & Young Band may play for us. The Eli & Young Band is a favorite up here in Denton. They would attract many people to our Fun Walk, which is raising money for Chi Omega's philanthropy, Make-A-Wish. They would play a set from 2:30 pm until 3:30 pm from Pavilion 1 at South Lakes Park. Their music would create a pleasant atmosphere on a Sunday afternoon, and it will appeal to all generations. The ladies of Chi Omega and the people at Make-A-Wish hope that you consider this matter carefully. It is om. feeling that having the Eli & Young Band play is instrumental in the amount of money we will be able to raise for this great cause. If you have any questions please do not hesitate to call. Thank you for yom. time and support. Sincerely, Chelsea Kindred Chi Omega Director of Community Service Box #308068 Denton, TX 76203 (214)-384-6919 (c) AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: April 15, 2002 City Manager's Office Mike Conduff, City Manager SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of construction on the Denton Aquatics Center by Charter Builders, LTD beginning immediately through the completion of the project during the hours of 6:30 a.m. and 8:30 p.m. Monday through Friday. Specifically the requestor is asking for an exemption to the hours of operation beginning at 6:30 a.m. on Monday through Friday through the completion of the project. BACKGROUND Garry E. Ryan II, Project Manager for Charter Builders, LTD is requesting a Noise Ordinance exception for work on the Denton Aquatics Center. The Denton City Council granted Charter Builders, LTD a previous exception on August 20, 2002 that allows them to work from 8:00 a.m. to 8:30 p.m. on Sunday through the completion of the project. They were also grained an exemption to begin work at 5:30 a.m. Monday through Friday on August 20, 2002, however this exemption expired on October 11, 2002. The are requesting to renew this exception with a 6:30 a.m. rather than 5:30 a.m. start time through the completion of the project, which is amicipated for June of 2003. The exception is being requested to allow the builder extra hours to engage in numerous construction activities. They will continue to use their early start time exemption for Sundays on an as needed basis. Receipt of the exception will enhance the ability of Charter Builders, LTD to complete the project on schedule so that the City of DeNon Parks and Recreation Departmem can meet the amicipated project grand opening of June 2003. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None Respectfully submitted: Prepared by: Pamela Rambo-Estill Management Assistant Betty Williams Director of Management & Public Info. Tuesday, April 01, 2003 Robert Hanna City of Denton 215 E. McKinney Denton, TX 76201 Denton Aquatic Center CBL Project No. 0011003 Variance to Project Work Hours We respectfully request you to grant the above referenced project a work hour variance to the City of Denton Noise Ordinance #2001-265 for Sunday work and early morning construction activities. Beginning immediately and extending until June 18, 2003 we request to start work at 6:30 A.M. until 8:30 P.M Monday through Friday. This will encompass multiple activities that will allow us to complete the project. This early start shall be on an as need basis. Sunday's beginning immediately until the end of the project we request to work from 8:00 A.M. until 5:00 P.M Saturday and Sunday, as necessary. Your acceptance of this request will greatly enhance our ability to complete this project for an anticipated project grand opening of mid June 2003. Please address all questions to my attention. I may be reached at 940) 382-8318. Sincerely, CHARTER BUILDERS, LTD. Garry E. Ryan II Project Manager GER/ger Cc: C5 Files Janet Simpson - City of Denton Curtis Martin - Denton Independent School District Charles E. DeVoe III - Charter Builders Project Site ~ 2400 Long Road, Denton, TX 76207 1 (940) 382-8318 rr~ (940) 32020700 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 15, 2003 Materials Management Kathy DuBose, Fiscal and Municipal Services Questions concerning this acquisition may be directed to Ed Hodney 349-8271 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for mowing for the Parks and Recreation Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 2980-Annual Mowing Contract (Parks) awarded to the lowest responsible bidder for each item in the estimated amount of $32,000). BID INFORMATION This bid is to provide annual mowing, trimming and edging services for the following City facilities: Animal Control, Williams Trade Square, North Branch Library, Westside Police Center, Owsley Park, Milam Park and all Fire Stations 1-7. These services will also be provided for 31 traffic medians located throughout the City. In addition, planter bed maintenance will be provided at seven fire stations. RECOMMENDATION We recommend award of Bid 2980 to the lowest responsible bidder for each item as listed on Attachment 1. A summary of the recommended bidder for each item is listed below. Item# Proposal B Proposal C Proposal D Description City Medians/Right of Ways City Buildings and Grounds Fire Station Mowing/Planter Bed Maintenance Vendor Environmental Maintenance M.E.T. Lawncare Tm Green Landcare We are not recommending award of Proposal A- Rail Trail at this time. The proposal amounts exceeded budgeted funds. PRINCIPAL PLACE OF BUSINESS Environmental Maintenance Denton, TX M.E.T. Lawncare Denton, TX Tm Green Landcare Denton, TX Agenda information Sheet April 15, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT The term of the contract shall be for a period of two years from the date of Council award, with the option to renew at the end of the period. The contract may be renewed twice for a period not to exceed one year per renewal. Renewal shall be at the sole discretion of the Parks and Recreation Department. FISCAL INFORMATION This service will be funded from Parks and Recreation account 402130.7886. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 2980 0 0 (D Z ~ < Z ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR MOWING FOR THE PARKS AND RECREATION DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BiD 2980-ANNUAL MOWING CONTRACT (PARKS) AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ESTIMATED AMOUNT OF $32,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2980 Proposal B Environmental Maintenance Exhibit A 2980 Proposal C M.E.T. Lawncare Exhibit A 2980 Proposal D Tm Green Landcare Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3-ORD-BID 2980 BID # 2980 Exhibit A DATE: 3/13/03 ANNUAL MOWING CONTRACT (PARKS) AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: April 15, 2003 Materials Management Questions concerning this acquisition may be directed to Jim Coulter 349-7194 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of laboratory analyses for the Pecan Creek Reclamation Plant; providing for the expenditure of funds therefore; and providing an effective date (Bid 2981-Annual Price Agreement for Environmental Laboratory Contract awarded to Ana-Lab Corp. in the estimated amount of $110,495). BID INFORMATION This contract will provide for analyses on bio-solids, soils, storm water and wastewater to comply with permits issued by the Environmental Protection Agency and the Texas Natural Resource Conservation Commission. These analyses are in addition to those currently performed by the Denton Municipal Laboratory. RECOMMENDATION We recommend the award of Bid 2981 to Ana-Lab Corp. in the estimated amount of $110,495. PRINCIPAL PLACE OF BUSINESS Ana-Lab Corp. Kilgore, TX ESTIMATED SCHEDULE OF PROJECT Services will begin upon Council approval. This is an annual agreement with an option to renew for two consecutive years as long as both parties agree. FISCAL INFORMATION Funding for this contract will be provided from Water/Wastewater accounts 640500.7898 and 640600.7898. Agenda Information Sheet April 15, 2003 Page 2 Attachment 1: Tabulation Sheet 1-AlS-Bid 2981 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent BID # 2981 DATE: 3/6/03 ENVIRONMENTAL LABORATORY CONTRACT Attachment 1 Principle Place of Business: CADMIUM COPPER MERCURY SILVER SELENIUM BORON ARSENIC ANTIMONY ALUMINUM MOLYBDENUM ORGANOCHLORINE PESTICIDES & PCB'S SVOC'S VOLATILEORGANIC COMPOUND TOXICITY CHARACTERISTIC LEACHING PROCEDURE & ETC. PESTICIDES EPA 617 PESTICIDES EPA 618 HEXACHLOROPHENE EPA Table II Lab. Dallas, TX $67.20 $67.20 $i68.00 $67.20 $67.20 $67.20 $67.20 $67.20 $67.20 $67.20 $756.00 $980.00 $105.00 $1,022.00 $210.00 $630.00 $210.00 $1,652.00 Oxidor Corp. Piano, TX $75.04 $75.04 $150.00 $75.04 $75.04 $75.04 $75.04 $75.04 $75.04 $75.04 $840.00 $1,140.00 $105.00 $841.88 $185.00 $640.00 $200.00 $2,400.00 Anachem Allen, TX $100.00 $80.80 $i92.00 $100.00 $8O.8O $8O.8O $8O.8O $100.00 $8O.8O $8O.8O $800.00 $800.00 $119.20 $571.60 $250.00 $760.00 $200.00 $2,076.80 Pace Analytical Houston, Tx $136.00 $i36.00 $i60.00 $136.00 $i36.00 $136.00 $i36.00 $136.00 $i36.00 $136.00 $360.00 $840.00 $80.00 $590.00 $120.00 $480.00 $100.00 $1,300.00 Ana-Lab Kilgore, TX $80.00 $8O.OO $196.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $576.00 $1,300.00 $125.00 $803.50 $200.00 $800.00 $150.00 $2,528.00 Table III -Sludge $1,596.00 $1,560.00 $1,798.40 $1,280.00 $1,780.00 Stormwater/Watershed CYANZINE $3,579.55 $3,700.00 sub-contracted $32,000.00 $4,100.00 SIMAZINE $3,579.55 $3,700.00 sub-contracted $32,000.00 $4,100.00 DIAZINON $3,579.55 $3,700.00 $230.00 $12,500.00 $4,100.00 MALATHION $3,579.55 $3,700.00 $230.00 $12,500.00 $4,100.00 PENDIMETHALIN $3,579.55 $3,700.00 $230.00 $32,000.00 $4,100.00 E632 (diuron CARBARYL $7,875.00 $4,000.00 w/other 507) $8,250.00 $5,000.00 DIURON $26,250.00 $8,000.00 $22,600.00 $32,000.00 $5,000.00 NITRATE NITROGEN $1,120.00 $528.00 $409.60 $576.00 $640.00 TOTAL NITROGEN (TKN) $1,232.00 $960.00 $1,126.40 $960.00 $720.00 POTASSIUM $672.00 $420.16 $323.20 $544.00 $320.00 MAGNESIUM $672.00 $420.16 $323.20 $544.00 $320.00 SOLUBLE SALTS/EC $448.00 $240.00 $563.20 $320.00 $480.00 TOTAL ARSENIC $268.80 $300.16 $323.20 $544.00 $320.00 TOTAL CHROMIUM $268.80 $300.16 $323.20 $544.00 $320.00 TOTAL LEAD $268.80 $300.16 $323.20 $544.00 $320.00 TOTAL MOLYBDENUM $268.80 $300.16 $323.20 $544.00 $320.00 TOTAL SELENIUM $268.80 $300.16 $323.20 $544.00 $320.00 DRYING BEDS CADMIUM $33.60 $37.52 $40.40 $68.00 $40.00 COPPER $33.60 $37.52 $40.40 $68.00 $40.00 MERCURY $84.00 $75.00 $96.00 $80.00 $98.00 NICKEL $33.60 $37.52 $40.40 $68.00 $40.00 ZINC $33.60 $37.52 $40.40 $68.00 $40.00 AMMONIUM NITROGEN $168.00 $90.00 $86.40 $100.00 $60.00 TOTAL NITROGEN (TKN) $266.00 $252.00 $256.00 $160.00 $40.00 PHOSPHORUS $126.00 $90.00 $108.80 $80.00 PH (STD UNITS) $28.00 $30.00 $28.00 $40.00 TOXAPHENE $126.00 $160.00 $563.20 $260.00 BENZIDINE $324.80 $480.00 $800.00 $660.00 DDT, DDE, DDD $126.00 $525.00 $563.20 $280.00 BIS (2) ETHYL-HEXYL PHTHATATE $324.80 $480.00 $800.00 $660.00 DIMENTHLY NITROSAMINE $324.80 $480.00 $800.00 $660.00 $40.00 $40.00 $11o.oo $264.00 $11o.oo $264.00 $264.00 PRIORITY POLLUTANT $2,954.00 $3,405.00 $2,286.40 $2,360.00 $3,318.00 SCAN PCB'S $224.00 $360.00 $371.20 $200.00 $288.00 CADMIUM $201.60 $225.12 $242.40 $408.00 $240.00 COPPER $201.60 $225.12 $242.40 $408.00 $240.00 MERCURY $504.00 $450.00 $576.00 $480.00 $588.00 NICKEL $201.60 $225.12 $242.40 $408.00 $240.00 ZINC $201.60 $225.12 $242.40 $408.00 $240.00 THALLIUM $201.60 $225.12 $242.40 $408.00 $240.00 BARIUM $201.60 $225.12 $242.40 $408.00 $240.00 HEXAVALENT $504.00 $225.12 $230.40 $408.00 $240.00 CYANIDE $1,008.00 $630.00 $1,017.60 $600.00 $696.00 AMMONIA- N $1,008.00 $540.00 $518.40 $600.00 $360.00 PH (STD UNITS) $168.00 $180.00 $172.80 $240.00 $240.00 TOTAL K3ELDAHL NITROGEN $924.00 $768.00 $844.80 $720.00 $540.00 TPH, C6-C10, C10-C28 METHOD TX 1005 $56.00 $54.00 $36.00 $45.00 $55.00 BTEX, MTBE EPA METHOD 8021 TOLUENE XYLENE $42.00 $52.50 $64.80 $30.00 $52.00 TOTAL TOXIC ORGANIC SCAN $4,200.00 $4,680.00 $6,230.40 $3,480.00 $5,400.00 EPA METHOD 625 20 LEAD $280.00 $187.60 $400.00 $340.00 $200.00 BIOCHEMICAL OXYGEN 10 DEMAND $245.00 $262.50 $600.00 $250.00 $150.00 10 OIL & GREASE $490.00 $412.50 $464.00 $450.00 $250.00 5 GROSS ALPHA $280.00 $250.00 $342.00 $300.00 $250.00 5 AMMONIA NITROGEN $175.00 $112.50 $108.80 $125.00 $75.00 2 FLUORIDE EPA $35.00 $33.00 $25.60 $40.00 $40.00 iiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiii ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii BIDDER MUST PROVIDE 9 PICKUP SERVICE FOR $25.00 $15.00 NONE N/A $18.00 SAMPLES PLEASE ~UOTE A. ADDITIONAL COST FOR 100% Next Day 100% 200% RUSH TBD 150% AFTER HOURS ANALYSIS o o I PLEASE STATE ANY ADDITIONAL COSTS INVOLVED WITH 11 ANALYSIS OF HEAVY $0.00 N/C NONE N/A $15.00 METALS OR ORGANIC POLLUTANTS NOT LISED IN THIS BID. PLEASE ZNDiCA~E CONDITIONS IN PROCESSING TIME __DAYS 10-14 days 5-7 days 23-25 days 7 days 10 days 2 oays = loo% PROCESSING same day to 72 3-4 days = 14 days 3 working days 24 hfs TZ~E hfs ~o/~ ~S ~O yes yes yes yes yes ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF LABORATORY ANALYSES FOR THE PECAN CREEK RECLAMATION PLANT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2981-ANNUAL PRICE AGREEMENT FOR ENVIRONMENTAL LABORATORY CONTRACT AWARDED TO ANA- LAB CORP., iN THE ESTIMATED AMOUNT OF $110,495). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2981 1-14 Ana-Lab Corp. Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3-ORD-BID 2981 ~ C~/ t57 BTD # 2981 Exhibit A Principle Place of Business: CADMIUM COPPER MERCURY SILVER SELENIUM BORON ARSENIC ANTIMONY ALUMINUM MOLYBDENUM ORGANOCHLORINE PESTICIDES & PCB'S SVOC'S VOLATILEORGANIC COMPOUND TOXICITY CHARACTERISTIC LEACHING PROCEDURE & ETC. PESTICIDES EPA 617 PESTICIDES EPA 618 HEXACHLOROPHENE EPA Table II Ana-Lab Kilgore, TX $80.00 $80.00 $196.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $576.00 $1,300.00 $125.00 $803.50 $200.00 $800.00 $150.00 $2,528.00 Table III -Sludge $1,780.00 Stormwater/Watershed CYANZINE $4,100.00 SIMAZINE $4,100.00 DIAZINON $4,100.00 MALATHION $4,100.00 PEN DIM ETHALIN $q,100.00 CARBARYL $5,000.00 DIURON $5,000.00 NITRATE NITROGEN $640.00 TOTAL NITROGEN (TKN) $720.00 POTASSIUM $320.00 MAGNESIUM $320.00 SOLUBLE SALTS/EC $480.00 TOTAL ARSENIC $320.00 TOTAL CHROMIUM $320.00 TOTAL LEAD $320.00 TOTAL MOLYBDENUM $320.00 TOTAL SELENIUM $320.00 DRYING BEDS CADMIUM $40.00 COPPER $40.00 MERCURY $98.00 NICKEL $40.00 ZINC $40.00 AMMONIUM NITROGEN $60.00 TOTAL NITROGEN (TKN) $40.00 PHOSPHORUS $40.00 PH (STD UNITS) $40.00 TOXAPHENE $110.00 BENZIDINE $264.00 DDT, DDE, DDD $110.00 BIS (2) ETHYL-HEXYL PHTHATATE $264.00 DIMENTHLY NITROSAMINE $264.00 PRIORITY POLLUTANT SCAN $3,318.00 PCB'S $288.00 CADMIUM $240.00 COPPER $240.00 MERCURY $588.00 NICKEL $240.00 ZINC $240.00 THALLIUM $240.00 BARIUM $240.00 HEXAVALENT $240.00 CYANIDE $696.00 AMMONIA- N $360,00 PH (STD UNITS) $240.00 TOTAL K3ELDAHL $540.00 NITROGEN TPH, C6-C10, C10-C28 METHOD TX 1005 $55.00 BTEX, MTBE EPA METHOD 8021 TOLUENE XYLENE $52.00 TOTAL TOXIC ORGANIC $5,400.00 SCAN EPA METHOD 625 20 LEAD $200.00 BIOCHEMICAL OXYGEN 10 DEMAND $150.00 10 OIL & GREASE $250.00 5 GROSS ALPHA $250.00 5 AMMONIA NITROGEN $75.00 2 FLUORIDE EPA $40.00 iiiiiiiiiiiiiiii :::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: BIDDER MUST PROVIDE 9 PICKUP SERVICE FOR $18.00 SAMPLES PLEASE QUOTE ^. ADDITIONAL COST FOR 150% ~FT~R HOHRS PLEASE STATE ANY ADDZTZONAL COSTS [NVOLVED WZTH 11 ANALYSZS OF HEAVY $~5.00 METALS OR ORGANZC POLLUTANTS NOT LZSED [N THZS BZD. ~E~SE ~ND~C~E PROCESSZNG TZNE __DAYS ~0 days P~E~SE ~ND~C~E PROCESSING 24 h rs TZME SUBCON~RAC~ED~ IF ~ES P~EASE MARK I~EMS ~HA~ ~YES ~NO yes AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 15, 2003 Materials Management Questions concerning this acquisition may be directed to Ross Chadwick 349-8110 Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of physical fitness equipment for the New Central Fire Station; providing for the expenditure of funds therefore; and providing an effective date (Bid 2987-Physical Fitness Equipment/New Central Fire Station awarded to the lowest responsible bidder for each item for a total amount of $39,754.77). BID INFORMATION This bid is for the acquisition of physical fitness equipment for the New Central Fire Station workout area. RECOMMENDATION We recommend award of Bid 2987 to lowest responsible bidder for each item as listed on the tabulation sheet (Attachment 1) for a total award amount of $39,754.77. A summary of the recommended items for each vendor is listed below: Item# 1-16 17,18 19,20 21 Vendor Lifefitness/Hammer Strength Hest Fitness Products Bodyworks Fitness Equipment, Inc. Heart Rate Inc. Total Total $25,595.55 $ 3,778.72 $ 6,615.00 $ 3,765.50 $39,754.77 PRINCIPAL PLACE OF BUSINESS Bodyworks Fitness Equipment, Inc. Piano, TX Heart Rate Inc. Costa Mesa, CA Hest Fitness Products Dallas, TX Lifefitness/Hammer Strength Duncanville,TX Agenda Information Sheet April 15, 2003 Page 2 ESTIMATED SCHEDULE OF PROJECT Delivery of the items is expected to be within 5 weeks from receipt of the order. FISCAL INFORMATION This equipment will be funded from account 10003301.1355.30100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AlS-Bid 3007 Z Z Z Z z z z z 333333 3333333~ 333333~ 333333 0 0 0 0 z z z z 0 0 0 333333 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PHYSICAL FITNESS EQUIPMENT FOR THE NEW CENTRAL FIRE STATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROViDiNG AN EFFECTIVE DATE (BiD 2987-PHYSICAL FITNESS EQUiPMENT/NEW CENTRAL FIRE STATION AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH iTEM FOR A TOTAL AMOUNT OF $39,754.77). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2987 1-16 Lifefitness/Hammer Strength $25,595.55 2987 17, 18 Hest Fitness Products $ 3,778.72 2987 19, 20 Bodyworks Fitness Equipment $ 6,615.00 2987 21 Heart Rate inc. $ 3,765.50 Total $39,754.77 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3-ORD-BID 2987 ~ C~/ t57 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: April 15, 2003 Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8444 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute change orders 19 and 20 to the contract between the City of Denton and Pharlap Construction, Inc.; providing for the expenditure of funds therefore; and providing an effective date (Bid 2791 - Solid Waste Facility Change Orders 19 and 20 in the amount of $25,088). CHANGE ORDER INFORMATION Change orders 19 and 20 to the contract for construction of the Solid Waste Administration and Maintenance Facility are listed below for Council approval. Change orders 1 through 4 have been approved by Council in the amount of $152,263.00. Change orders 5 through 18 and 21 through 29 in the total amount of $84,788.69 were each under the $25,000 limit and approved by the architect and staff. Change orders 19 and 20 are for the purchase and installation of projection and sound equipment including projector, motorized screen, DVD player, satellite dish, surround speakers and remote in the amount of $25,088.00 for the conference room at the New Solid Waste Facility. RECOMMENDATION We recommend the approval of change orders 19 and 20 in the total amount of $25,088 and that payment be processed. PRINCIPAL PLACE OF BUSINESS Pharlap Construction, Inc. Denton TX ESTIMATED SCHEDULE OF PROJECT Installation was completed in early January 2003. FISCAL INFORMATION This change orders will be funded 66000200.1360.40100. from Solid Waste Facility Construction Bonds account Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Change Orders 19 and 20 1-AlS-Bid 2971 Change Orders 19 and 20 Attachment 1 CHANGE ORDER PROJECT: Denton Solid Waste Facility 4829 Fo~ter Road Denton, Texas 76201 TO CONTRACTOR Pharlap Construction, Inc. CHANGE ORDER NUMBER: 19 DATE: 1/15/03 ARCRITECT'S PROJECT NO.: Bid #2971 CONTRACT FOR: $2,610,600.00 CONTRACT DATE: March 26, 2000 The Contract is changed as follows: Cost to purchase projection equipment per Starpower sales quote attached Add: $21,532.84 10% Overhead & Profit $21,532.84 $2,153,28 Total $23,686.12 NOT VALID UNTIL SIGNED BY THE OWNER, ARCHITECT AND CONTRACTOR The original (Contr~ Sum) (Guarar~eed Maximum Price) was Net change by previously authorized Change Orders The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (d~reased) (unchanged) by this Change Order in tho amount of The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be $2,610,600,00 $2;795,864.43 $23,686,1;[ $2,8'19,550.55 The Contract Time will be (increased) (decreased) (unchan~ed] by The date of Subatantial Completion as of the date of this Change Order therefore is NOT~: THIS SUMMARY DOF_~q NO~ R~ CHANGES Dq THE CONTRACT SUM, CONTRACT TIME OR GUARD GUARAN'fmgD MAXIMUM PRICE W!~CH HAVB BEEN AUTHORIZED BY CONSTRUCTION CHANGE DrP~CTIVE. tl/a }lutu,Zotlar~ Archite{t~ Inc. ARCHrlECT 500 W. ,/a, Street, Suite 300 F$~ Womb, TX 76101-4773 BY DATE Pha.t'lap ~o~trn¢fion, lac. CONTRACTOR ;M01 ~ Unive~h3' Dr., Sui~ 106 ~..__7620i _~i~ of Denton 901 -B Texas S~reet Denton~ TX 7620~ BY DATE STARPOWER 15340 N, DALLAS PARKWAY. DALLAS, TX 75248/=~r~*~/~2~=LA S' TX 75219 {272) S03-$O0O · FAX: (97~) 239-4454 I (214) ~Z2-2000, ;A~ SOLD TO: C',~ ~~ VANCE KEMLER 901-A TEXAS ST DENTON, TX 76209 Home: 940 390-9358 Work: 940 349-7350 TERMS BEFORE DEL!V D - DELIVERY ESTIMATED 02/28/03 MODEL NUMBER THRINCUSTOMEXPERT 2 D 635PROGRAM 3 D 9!5110SHAW-G !10" F!REHAWK RETRACTABLE SCREEN 4 D 63512 DLP PROJECTOR 5 D 767412L 6 D 7672446-$T 7 D 23030-S? 8 D 6357300 9 D 880655-DVD 10D $10520 lid 51003 !2D 2152000 13D 1406-CMS !4D 140272 !SD 230C-RGB-2 16D 2300-G-2 17D 230SUB-G-25 lSD 230142 DATE 1271818 SALES QUOTE DATE 12/30/02 VANCE KEMLER 901-A TEXAS ST DENTON,TX 76209 SLSPERSN CUSTOMER # STORE RODERICK SPRIG 1271818 12 REMARKS DESCRIPTION ESTIMATEDLABOR CHARGE ONLY MARANTZ REM PROG--HOURLY 110 MOTORIZED GREY HAWK 16X9 MOUNT FOR MARANTZ DPL 12 ADJUSTABLE SUSPENSION ADAPTO 30FT VIDEO/SVIDEO/RGB BUNDLE DOLBY D!GITAL/DTS RECEIVER § DISC DVD PLAYER IN BLACK ADV HIGH DEF DIGITAL RCVR SAT DISH INTEGRATTED TRPL LN WINEGARD GHOST KILLER ANTENN 6" CEILING SURROUND SPKR IEA 12 INCH SUBWOOFER COMPONENT RGB CABLE 2 METER GOLD SERIES OPTICAL CABLE 2M 25 FOOT GOLD SERIES SUB CABL 65 STRAND 14 GAUGE 2 CONDUCT 8/oo X PRINTED: 12/30/02 13:08:25 ORDR SHIP PRICE AMOUNT 6 0 t25.00 750.00 3 0 !25.00 375.00 1 1 0 1 0 i 0 1 0 1 0 1 0 1 0 1 0 I 0 6 0 ! 0 t 0 ! t 0 200 0 *CONTINUED* t a.qree :o the a~ove terms .© SIR R' POWER ~340 N. DAL~ PAR~WAY, DALLAS, TX 75~48 3~27 OA~ LAWN, DALLAS, ~ 7~21~ 503:6000 * FAX: (972~ 239.4454 (2~4) 52~.20D0 * FAX; (214) 5~9~5 ESTIMATED 02/28/03 DATE 1271818 SALES .'~QUOTE' 12/30/02 -" SOLD TO: SHIP TO: VANCE. KEMLER VANCE KEMLER . . . 901-A TEXAS ST 901-A TEXAS ST · " DENTON, TX 76209 DENTON, TX 76209 Home: 940 390-9358 Work: 940 349-7350 [~'~i~:,:; ~ '.,;::~.: ...;.. :., ~:' ...:' ..- BEFORE DELIV RODERICK SPRIG 1271818 12 D - DELIVERY REMARKS PRINTED: 12/30/02 13:08:25 MERCHANDISE SUB-TOTAZ: DELIVERY CHARGES: 22657,84 ' 149.99 :tel~f!n .~a ~.~¥c described ~to~f~ [o aec~'~e any unpa[~ ~l~ce, customer ackno.w[~e~ ~ tr~e ~ount~ ~ated. ~poelal or~fs a~ ftoo~ ~am~[e i~em~ ~fe ~o1~ ~a n~n.ref~nda~ e- AMOUNT DUE: 2.4689,48 ,, r ..... -:. ~o~ CHANGE ORDER PROJECT: Denton Solid Waste Facility 4829 Foster Road Denton, Texas 76201 TO CONTRACTOR Pharlap Construction, Inc. CHANGE ORDER NUMBER: 21} DATE: It1510;~ ARCHITECT'S PROJECT NO.: Bid g2971 CONTRACT FOR: $2,610,600.00 CONTRACT DATE: March 26, 2000 The Contract is changed as follows: Cost to purchaae added components for projection equipment and installationper Starpower sales Quote attached Add: $1,274.99 10% Overhead & Profit $1,274.99 $127.50 Total $1,402.49 NOT VALID UNTIL SIGNED BY THE OWNER, ARCHITECT AND CONTRACTOR The original (Conlraet Sum) (Guaranteed Max[mum Price) was $2,610,600.00 Net change by previously authorized Change Orders The (Contract Sum) (Ouarameed Maximum Price) prior to this Clmnge Order was The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (d~reased) (~mehanged) by this Change Order in the amount of The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will $208,950.55 $2,819,550.55 $1,402.49 $2,820,953.04 The Con~aet Time will be (increased) (decreased) (unchan[ed) by The date of Subslanfial Completion as of the date oft. his Change Order therefore is NOTE: THIS SUMMARY DOES NOT R.~I.EL~ CHANGES IN THE CONTRACT SUM, CONTRACT TIME OR GUARANTEED GUARAlqIEED MAXIMUM PRICE WHICH HAVE BEEN AUTHORIZED BY CONSTRUCTION CF_AIqoE DIRF_CTIVE. Huit~-Zollar, Architects, Iai. Plxartap Construction, Irc. Ci~ of Dentoa ~CH[T~T ~NT~CTO~ O~ 5~ W. 7a S~e[ Suite 300 3401 E. Un~emiW Dr., Suite 106 901 -B Tins Steel Ft Worth, ~ 761024773 '~a, TX 76201 Dento~ TX 76209 Ad&~s ~ ~~ Add~a BY BY DATE ~E DATE 15340 N, ~ALLAS PARKWAY, DALLAS, TX ?~24E/~g, TX 75219 ;~72) ~03,60D0 · FAX; [972} 23g-44S4 .~ {2~4) $22.2~0. F~:~ VANCE KEMLER 901-A TSXAS ST DENTON, TX 76209 Home: 940 390-9358 Work: 940 349-7350 TERMS BEFORE DELIV ESTIMATED DATE 02/28/03 D - DELIVERY 1271818 SALES QUOTE DATE 12/30/02. MODEL NUMBER ~..~.O THRINCUSTOMEXPERT 2 D 635PROGRAM VANCE KEMLER 90i-A TEXAS ST DENTON, TX 76209 SLSPERSN CUSTOMER # STORE RCDERICK SPRIG 1271818 12 5 D 7674t2L 6 D 7672446-ST 7 D 23030-SP 8 0 6357300 9 D 880655-DVD iOD 510520 lID 51003 12D 2152000 13D t406-CMS 14D 140272 15D 230C-RGB-2 16D 2300-G-2 !7D 230SUB-G-25 lSD 230142 REMARKS DESCRIPTION ESTIMATEDLABOR CHARGE ONLY MARANTZ REM PROG--HOURLY 9151!0SHAW-G 110 MOTORIZED GREY HAWK 1619 110" FIREHAWK RETRACTABLE SCREEN 63512 DLP PROJECTOR PRINTED: 12/30/02 13:08:25 ORDR SHIP PRICE AMOUNT 6 0 125.00 750.00 3 0 125.00 375.00 1 0 i 0 1 0 ! 0 1 0 1 0 1 0 ! 0 1 0 I 0 6 0 1 0 ! 0 i 0 1 0 2OO 0 MCUNT FOR MARANTZ DPL !2 ADJUSTABLE SUSPENSION ADAPTO 30FT VIDEO/$VIDEO/RGB BUNDLE DOLBY DIGITAL/DTS RECEIVER 5 DiSC DVD PLAYER IN BLACK ADV HIGH DEE DIGITAL RCVR SAT DISH INTEGRATTED TRPL LN WINEGARD GHOST KILLER ANTENN 6" CEILING SURROUND SPKR {EA 12 INCH SUBWOOFER COMPONENT RGB CABLE 2 METER GOLD SERIES OPTICAL CABLE 2M 25 FOOT GOLD SERIES SUB CABL 65 STRAND t4 GAUGE 2 CONDUCT Lores; I~ ~ha ~o~ deic~ibed properly to ~cure a~y u~pai¢ balance, Customer ncknowieCge~ a frue 8t00 X *CONTINUED* $'rR R,DOLUE R C~, ~/ .... ~.~ / T~340 H, DALES PAR~WAY, DALES, TX 75248 39~ OAK LAWN, DALLAS, TX 7521 (9~) 503~6000 · EAX: (g72) 239~454 {214) 522.~0 · FAX: (214) 5~.5995 SOLD TO: VANCE KEMLER 901-A TEXAS ST '" D~NTON,TX 76209 SHIP Home: 940 390-9358 Work: 940 349-7350 ESTIMATED DATE 02/28/03 TO: VANCE KEMLER 901-A TEXAS ST DENTON, TX 76209 1271818 SALES '" QUOTE - · ' : DATE'.'- .' ...... .,-,iii 12/30/02 BEFORE DELIV RODERICK SPRIG 1271818 12 .... REMARKS PRINTED: 12/30/02 13:08:25 D- DELIVERY B 15 PIN 1 20D 6355200-RMT PROG~BLE TOUCH REMOTE 1 MERCHANDISE SUB-TOTAA: DELIVERY CHARGES: ." PR'Z CE 21532. Sq. 22657.84 · 149.99 ~ a~ee to the ~ove t~m~ and conditions ' : ...... AMOUNT DUE: 24689.48 '~ ....... ,~ z/~'o ......... ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE CHANGE ORDERS 19 AND 20 TO THE CONTRACT BETWEEN THE CITY OF DENTON AND PHARLAP CONSTRUCTION, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2791-SOLID WASTE FACILITY CHANGE ORDERS 19 AND 20 IN THE AMOUNT OF $25,088). WHEREAS, on March 26, 2002 by Ordinance No. 2002-079, the City awarded a public works contract to Pharlap Construction, Inc., in the amount of $2,610,600 for the Solid Waste Administration and Maintenance Facility; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. 19 and 20, increasing the amount of the contract between the City and Pharlap Construction, Inc., which is on file in the office of the Purchasing Agent, in the amount of Twenty Five Thousand Eighty Eight and 0/100 ($25,088) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount including Change Orders 1-29 increases to $2,819,550.25. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of .,2003 ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3-ORD BID 2791 Change Orders 19(,~0,~0 AGENDA INFORMATION SHEET ADENDA DATE: DEPARTMENT: April 15, 2003 Economic Development/Community Developmem Division CM/DCM/ACM: David Hill, Assistam City Manager SUBJECT Hold a public hearing inviting citizens to commem on the City of Demon's 2003 Action Plan for Housing and Community Developmem. (Edward Touraine, CDAC Chair and James McDade, HSC Chair will provide a brief presentation prior to the public hearings regarding committee recommendations.) BACKGROUND On an annual basis, the City of Demon prepares a One-Year Plan for submission to the U.S. Departmem of Housing and Urban Developmem (HUD). The Action Plan serves as the city's application for Community Developmem Block Gram (CDBG) and HOME Investmem Partnerships program funding. HUD requires a 30-day commem period on the plan and at least one public hearing. The commem period for the 2003 Action Plan is March 31 through April 29. Copies of the plan are available for citizen review at the MLK Jr. Recreation Center, Denia Recreation Center and the Community Development Division. OPTIONS · City Council may request that changes be made to the proposed 2003 Action Plan activities prior to consideration of final approval in May 2003. · Give staff direction on which proposed Human Service budget to include in the Action Plan. · City Council may choose to accept CDAC and HSAC recommendations and make no changes to the proposed plan, which would include level funding budget. ESTIMATED SCHEDULE OF PROJECT Public Commem Period Committee's will brief City Council on Plan Action Plan public hearing City Council considers approval of Action Plan Submission of Action Plan to HUD Environmental review Process Release of Funds by HUD Project initiation March 31 through April 29, 2003 April 15, 2003 April 15, 2003 May 27, 2003 June 15, 2003 April 25 through July 14, 2003 July 31, 2003 August 1, 2003 PRIOR ACTION/REVIEW City Council received a presentation from the Community Development Advisory Committee and the Human Services Advisory Committee at their April 15 work session. The committees with assistance from the Community Development staff, developed recommendations for the use of $1,744,570 in CDBG, HOME and program income on housing, capital improvements, non profit facility improvements, social services and program administration. Since the City of Denton received a decrease in the CDBG funding allocation for the 2003 program year, the amount of CDBG funds allocated to human services activities also decreased by $12,275. This is due to the regulatory 15% cap on CDBG-funded services. As requested by the Mayor, HSAC developed two budgets for next year. The first recommendation would keep the same level of funding as last year and would require a $12,275 increase in General Fund dollars. The second reflects the decreased funding cap. HSAC recommendations in the current version of the 2003 Action Plan are based on the "level funding" budget recommendation rather than the budget that reflect the CDBG funding decrease. FISCAL INFORMATION All projects and programs approved under the 2003 Action Plan are funded with CDBG and HOME funds. No general fund dollars are included in the proposed 2003 Action Plan project activities. Some general funds are used in program administration. EXHIBITS Attachment 1: Attachment 2: Attachment 3: CDAC Funding Recommendations Chart HSAC Funding Recommendations Chart 2003 Action Plan for Housing and Community Development The 2003 Action Plan was also provided for the April 15th work session meeting. Respectfully submitted: / Pret)ared bv: Luisa Rodriguez-Oarcia Community Development Division Linda Ratliff Director of Economic Development COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 2003 FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS 2003 Funding Funds Available Funds AVailable APPLICATIONS Request $717,313 $590;280 BLDG. INSP. Demolition Program $30,000 $15,000 $0 CD DIV. H°mebuye~ ASSistance Pr°~am $136,535 $39,000 $97;535 CD DIV. Home Imp~%emen¢oPtional ReconstruCti $257,568 $137,463 $120i105 CD DIV. Minor Repair Program $40,000 $40,000 $0 Improvements to Day Laborer's Pavilion CITY MGRS. OFC. (Funding for water fountain and fencing) $22,623 $10,000 $0 ENG. DEPT. Industrial St. Rebuild $19,163 $0 $0 ENG. DEPT. Fannin St. Repaving $28,788 $28,788 $0 ENG. DEPT. Paisley St. Sidewalk $72,998 $72,998 $0 ENG. DEPT. Prairie St. Sidewalk $94,073 $94,073 $0 ENG. DEPT. Wilson St. Repaving $77,000 $0 $0 ENG. DEPT. Duncan St. Repaving $110,489 $110,489 $0 ENG. DEPT. Alice, Coit, Cordell & Emery St. Repavin~ $376,347 $0 $0 ENG. DEPT. Misc. CDBG Sidewalks (Funding for $243,282 $83,158 $0 Bradshaw and Crawford St. only) ENG. DEPT. Paisley St. Repaving $104,254 $0 $0 ENG. DEPT. Wilson St. Speed Humps $4,000 $0 $0 ENG. DEPT. Peak St. Speed Humps $4,000 $0 $0 NON-PROFIT: DCCDN Improvements $61,980 $61,344 $0 NON-PROFIT: NeVada COU~ P~ojeet $156,000 $0 $156;000 NON-PROFIT: P.C. Building Project $327,000 $0 $0 POLICE DEPT. Graffiti/Blight Abatement (Funding for supplies only) $10,000 $5,000 $0 POLICE DEPT. Illegal Dumping Project $20,000 $20,000 $0 CD DIV. Infill NeW construction pro~am $171,000 $0 $216;640 TOTAL FUNDING RECOMMENDED $2,367,100 $717,313 $590,280 CDBG AND HOME FUNDS AVAILABLE $1,307,593 $717,313 $590,280 Shaded requests are HOME eligible activities CITY OF DENTON 1-YEAR ACTION PLAN 2003 Program year Housing Park Facilities Public Improvements Human Services for housing and community development Prepared for the U.S. Dept. of Housing and Urban Development Submitted to Denton City Council on April 15, 2003 www.cityofdenton.com ADA/E OE/ADEA TABLE OF CONTENTS A. Summary of Action Plan 1. Introduction .................................................................................................................. 1 2. Funding Summary ........................................................................................................ 1 3. Local Match .................................................................................................................. 2 4. Citizen Participation ..................................................................................................... 2 5. Amendment .................................................................................................................. 2 B. Funding Sources 1. Summary ....................................................................................................................... 3 2. SF-424 Application - CDBG Funds ............................................................................. 5 3. SF-424 Application - HOME Funds ............................................................................ 6 C. Projects/Activities 1. Summary ....................................................................................................................... 7 2. CPD Listing of CDBG and HOME Proposed Projects ................................................ 8 3. Other Resources Available ......................................................................................... 34 D. CP Strategies and Proposed Projects ................................................................................ 35 1. Housing Strategies ...................................................................................................... 35 2. Continuum of Care Strategies .................................................................................... 37 3. Lead-Based Paint Strategies ....................................................................................... 40 4. Human Services Strategies ......................................................................................... 40 5. Infrastructure & Public Facilities Strategies .............................................................. 41 6. Demolition Strategies ................................................................................................. 42 7. Anti-Poverty & Economic Development Strategies .................................................. 42 E. Proposed Project Map ...................................................................................................... 43 F. Other Program Requirements Go 1. HOME - Forms of Investment ................................................................................... 44 2. HOME - Tenant-Based Rental Assistance ................................................................ 44 3. Monitoring Standards and Procedures ...................................................................... 45 4. Public Housing Improvements ................................................................................... 45 5. Public Housing Resident Initiatives ........................................................................... 45 6. Institutional Structure ................................................................................................. 46 Certifications .................................................................................................................... 47 Minutes A. Minutes from Public Hearings (12/2/02, 12/9/02, 4/15/03) ....................................... 52 B. Minutes from 30-day Comment Period ...................................................................... 59 C. Minutes from the Community Development Advisory Committee ........................... 62 D. Minutes from the Human Services Advisory Committee .......................................... 80 SUMMARY INTRODUCTION This documem serves as the City of Demon's 2003 Action Plan for the Community Developmem Block Gram (CDBG) and HOME Investmem Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Developmem Act of 1974, as amended, the City of Demon is required to submit a One-Year Action Plan to the U.S. Departmem of Housing and Urban Developmem. The plan outlines the specific projects and services that will be funded during the 2003 program year to address Denton's strategies stated in the 2000-2004 Consolidated Plan. Demon's 2000 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs in the city, strategies and available resources. Based on the needs analysis of the City of Denton, the following five year strategies were idemified in 2000 year and are reaffirmed this year: · Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; · Continuum of Care Strategies: Prevention, Outreach, Intake, Assessment & Referral, Housing Services (Emergency Shelter, Transitional Housing, Permanem Housing w and w/o Supportive Services), and Support Services; · Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; · Human Services Strategies: Development of additional childcare, Improvement of health care services, Cominue work with Cominuum of Care Planning Committee, Case Coordination and Information Referral, Support of growth strategy in community and Continued allocation support to meet urgent needs; · Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvemems, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; · Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Demon is curremly an emitlemem city for the Community Developmem Block Grant and HOME Investment Partnership Programs. The City of Denton's 2003 CDBG allocation is $1,026,926 and the HOME allocation is $622,867. A total of $80,966 in program income is projected for the 2003 program year. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 5 and 6, respectively. The HOME program also requires a local match. Page 1 LOCAL MATCH The City of DeMon's local match for the HOME program is $147,570. The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of DeNon will provide the match from a variety of sources including the following: Federal Home Loan Bank funds awarded to the City of DeNon and the DeNon Affordable Housing Corporation (DAHC) for home ownership assistance and home improvemem. DeNon County Housing Finance Corporation and other non-federal funding awarded to DeNon Affordable Housing Corporation and City of DeNon. o City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2003 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held December 2nd and 9th. The public hearings updated citizens on the status of current programs and activities and asked how the citizens how they felt the 2003 funds should be spem. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Developmem Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Developmem Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and imerested citizens. A notice was also placed in the DeNon Record-Chronicle. After the Action Plan was drafted, advertisemems were placed in the DeNon Record-Chronicle summarizing the plan and announcing to the public where the Action Plan was available for review, and the process for submitting commems to the City of Demon. The advertisemems also included information on the upcoming public hearing. Ads were also placed on the local governmemal channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All commems received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2003 Action Plan process, one public hearing will be scheduled on April 15, 2003 during a City Council Meeting to give citizens the opportunity to commem on the 2003 proposed projects and activities. See page 52 for minutes of the public hearings. Page 2 AMENDMENT The City of DeNon has also amended he 1997 Action Plan for Housing and Community Development. The amendmem would allow the City of DeNon to reallocate $13,811 in CDBG funds. The 1997 Action Plan included $13,811 in CDBG funds for construction of handicapped- accessible ramps at various SPAN Transportation bus stops. Use of funding was initially delayed due to a reassessmem of bus routes and a subsequem change in bus stop locations. Since the funds were no longer needed for ramp construction, funds were reallocated to the Home Improvemem Program, an existing program, and the SPAN Curb Cms/Ramps Project was cancelled. 2003 FUNDING SOURCES Emitlemem Gram (Includes Reallocated Funds) CDBG $1,026,926 ESG $0 HOME $622,867 HOPWA $0 Total $1,741,604 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (Amendment Section) CDBG ESG HOME HOPWA Total $13,811 $0 $0 $0 $13,811 Total Estimated Program Income CDBG Loan Repaymems HOME Loan Repaymems Total $47,966 $33,000 $80,966 Section 108 Loan Guaramee Fund $0 Total Funding Sources $1,744,570 Page 3 Other Funding Sources City of Demon - General Funds City of Demon - Plus One Funds Contributions County Grants Federal Grants Food Shelter Grant Foundations In-Kind Interest Local Grants Miscellaneous Grants Other Grants Prior Year Reserves Program Income Sale Proceeds Special Events State of Texas Grants United Way World Services Total Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $623,585 $26,000 $318,131 $5,000 $2,438,526 $45,000 $82,500 $26,750 $1,712 $175,450 $190 $195,380 $13,860 $751,076 $2,952,405 $129,000 $207,069 $329,792 $1,600 $8,323,026 $1,744,570 $0 Page 4 Page 5 AppNcation for FeSta! ~J~ Page 6 2003 PROJECTS/ACTIVITIES SUMMARY The City of DeMon's total federal and program income funding for 2003 is $1,744,570 (includes $13,811 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 8 to 33 and is arranged by project name. See the following list of CDBG and HOME proposed projects and activities for their assigned project and page number: Page #1 Project Name CDBG HOME Project # 8 Adult Day Care of North Texas $4,855 $0 8 9 AIDS Services of North Texas $16,800 se 9 le Bradshaw and Crawford Sidewalks $83,158 se 16 11 CDBG Administration $214,385 se 1 12 DCCD Schoollmprovemems $61,344 se 3 13 Day Laborer's Pavilion Improvemems $ lc,eec se 23 14 Demolition Program $15,000 se 17 15 Duncan Repave $110,489 se 19 16 Family Health Care, Inc. $31,800 se 10 17 Fannin Repave $28,788 se 20 18 Graffiti/Blight Abatemem $5,eee se 21 19 HOME Administration se $65,587 5 20 Home Improvement/Optional Reconstruction $137,463 $120,105 6 21 HomebuyerAssistance Program $39,000 $97,535 7 22 HOPE, Inc. $30,000 se 11 23 Illegal Dumping Project $20,000 se 22 24 Infill New Construction Program se $216,640 24 25 Imerfaith Ministries $2,250 se 12 26 Minor Repair Program $40,000 se 4 27 Nevada Court Project se $156,000 2 28 Paisley Sidewalk $72,998 se 25 29 PARD: ASAS/TRAC $17,000 se 13 30 PARD: King's Kids DayKamp $19,800 se 14 31 PARD: Owsley Summer Playground $19,500 se 15 32 Prairie Sidewalk $94,073 se 26 33 Salvation Army $15,eec se 18 Total Funding Allocated to Projects $1,088,703 $655,867 Funding Available $1,088,703 $65,867 Unprogrammed Funds se se Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 :g Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 OTHER RESOURCES AVAILABLE Also, during the 2003 program year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services program. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2003. Category / Agency General Funds Other Funds Aging Services RSVP $7,400 $324,540 SPAN, inc. $29,000 $1,568,507 Emergency Services: Community Food Center $3,000 $31,000 Interfaith Ministries $15,000 $0 Special Needs Services Adult Day Care of North Texas $4,145 $0 Riding Unlimited $825 $190,282 Youth, Children & Family Services Children's Advocacy Center $10,000 $458,604 Court Appointed Special Advocates, Denton Co. $8,000 $319,249 Cumberland Presbyterian Children's Home $4,000 $1,372,380 Denton Christian Preschool $30,000 $246,172 Denton City Co. Day School $37,500 $396,703 Denton County Friends of the Family $32,400 $1,469,085 Denton Co. MHMR (SIERRA Program) $9,000 $15,687,643 Denton Family Resource Center $7,650 $124,900 Fred Moore Day Nursery School $40,000 $400,842 Owsley Community School - Education $14,750 $13,000 Owsley Community School -After School Care $13,000 $25,000 Sickle Cell Disease Assoc. $4,500 $292,463 Information & Referral HelpNET $22,500 $ 50,025 Total $292,670 $22,970,395 Page 34 STRATEGIES & PROPOSED PROJECTS The City of DeNon's 2003 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed oNcomes stated in the Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities RENTAL HOUSING STRATEGIES Increase the number of units of 1)No net loss in the number of Support of DeNon renal assistance available to units of assistance available from Housing Authority and DeNon citizens. DHA. 2) Collaborative efforts Special Needs TenaN between DHA and the City of Based Rental Assistance Denton to increase available rental subsidies. Encourage the developmeN of self- Initial program objectives would Funding HOPE, Inc. and sufficiency programs that move be to move 3 to 5 households per Interfaith Ministries. households off rental subsidies, year off rental assistance or other Support of Denton public assistance programs, Housing Authority. approximately 20 households over the five-year period. Encourage and support the Rehabilitation of 4 to 5 rental units Continuation of the rehabilitation of substandard units per year. Approximately 25 units City's ReNal in the city. over the five-year period. Rehabilitation Program with Residual funds. Encourage and support the Production of 50 additional Support of Denton construction of additional affordable renal units each year, Affordable Housing affordable renal units. 250 over the five-year period. Corp., City of D eNon's Impact Fee Grant Waivers and eligible LIHTC Projects. Page 35 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Encourage and assist low-income See Homeownership strategy Funding City's renters in Denton to become Homebuyer Assistance homeowners. Program, In-fill New Construction Program and the Denton Affordable Housing Corp. - Nevada Court Project. Support of DAHC's AHOP Program and Habitat for Humanity. OWNER-OCCUPIED HOUSING STRATEGIES Educate the community regarding Attendance at classes by 10 Funding of City's Home budgeting, home maintenance, homeowners each year of the five- Improvement Program saving for major repairs and home year period for a total of 50 and Homebuyer cleaning practices, homeowners. Assistance Program. Support of the Homeownership classes Assist low and moderate-income Average of 15 emergency repairs Funding of Minor Repair households with emergency each year of the five-year period Program housing repairs and weatherization, for a total of 75 repairs. Encourage low and moderate- Average of 7 units will be brought Funding of Home income homeowners to maimain up to City of DeNon building code Improvemem Program their units up to currem City of standards on an annual basis. This DeNon code standards, will include renovated and reconstructed units. Approximately 35 loans will be provided over the five-year period HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate community regarding 150-200 households participating Support City's and homeownership opportunities and in homeownership classes each DAHC's Homeowner- responsibilities, year of the five-year period, ship classes Page 36 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Encourage homeownership among Move 60 Denton renter Funding of City's DeNon's low and moderate-income households to homeownership Homebuyer Assistance reNer households, each year of the five-year period. Program and DAHC's Affordable Housing Opportunity Program. Support of DAHC's Affordable Housing Opportunity Program Encourage and support production Construction of an average of 15 Funding of Denton of affordable units, units per year over the five-year Affordable Housing period for an estimated total of 75 Corp. - Nevada Court new units, and City's Infill New Construction Program. CONTINUUM OF CARE STRATEGIES - PREVENTION Decrease the number of persons By the third year, provide Support of Consumer evicted from renal units or education to 100% of households Credit Counseling, defaulting on mortgages, receiving housing assistance, homeownership classes and DAHC's AHOP Program. Funding City's Homebuyer Assistance Program, DAHC' s Nevada Court Project, HOPE Inc. and Homeownership classes. Support funding targeted toward Fund an additional $50,000.00 in Funding of INerfaith assistance with renal and Nility combined renal and Nility Ministries, HOPE Inc., deposits, deposits. Salvation Army, Denton County MHMR. Support the Denton Housing Funding partnerships will be Support of Denton Authority's requests for increased developed with the local housing Housing Authority subsidies and Section 8 renal authority in order to provide assistance vouchers, and increase additional subsidies and affordable the number of vouchers allocated to housing units. residents. CONTINUUM OF CARE STRATEGIES - OUTREACH Increased coordination of available Add at least 15 organizations to Funding HelpNET and services to make access to services the existing service coordination participation in the more efficient and to address gaps system. Denton County Homeless in services. Coalition. Page 37 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Insure that agencies serving Train staff from participating Funding HelpNET and homeless hh's are educated on agencies on the service participation in the available services and taking part in coordination system. Denton County Homeless the coordinated efforts. Coalition. Coordinate funding partnerships to Partnerships will be created to Participation in the better provide coordinated services increase funding by 50% for DeNon County Homeless and to foster collaborative efforts, services provided to homeless Coalition. households. CONTINUUM OF CARE STRATEGIES - INTAKE, ASSESSMENT & REFERRAL Improve intake, assessment and Add an additional 15 agencies to Funding HelpNET and referral to expedite provision of the service coordination system participation in the assistance, and provide a central repository of Denton County Homeless information for improved Coalition. coordination and intake. Improve imake, assessmem and Add an additional 15 agencies to Funding HelpNET and referral to expedite provision of the existing service coordination participation in the assistance, system and link each of these Denton County Homeless agencies with existing database. Coalition. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - EMERGENCY SHELTER Facilitate the development of Develop and open an emergency Participation in the increased shelter space for families shelter by June 2005. DeNon County Homeless and pregnam women. Coalition. Work with existing agencies and Increase assistance to families Participation in the public officials to determine needing shelter for 5 days to 30 Denton County Homeless alternative methods to assist days. Investigate bringing short- Coalition. households who have exceeded term family units to the available shelter tenure, community. Investigate an emergency shelter Determine whether a youth shelter Participation in the for youth and the legal should be created in Denton and Denton County Homeless ramifications of such a shelter, investigate funding sources, legal Coalition. barriers, and potemial providers. CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - TRANSITIONAL HOUSING Increase transitional housing for Assist a minimum of 20 additional Funding of HOPE, Inc. homeless households with special families over the five years. 75% needs, of total homeless families receiving transitional housing will come from target special needs population. Page 38 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Develop affordable transitional An additional 20 transitional Support of HOPE, Inc., housing units for homeless housing units will be developed DeNon Affordable households, through the join effort. Housing Corp. and Denton County Friends of the Family CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/O SUPPORTIVE SERVICES Support and advocate for local Committee representatives will Participation in the public policies to support make at least 3 presentations per Denton County Homeless affordable housing and land year to city officials, local Coalition. acquisition, electorate and community leaders regarding affordable housing. CoNinue to develop affordable Construct or develop of an average Funding of DAHC's housing and more appropriate of 25 units per year over the five- Nevada Court Project, housing for homeless households, year period for an estimated total City's Infill New of 125 new units. Construction Program, Support of Habitat for Humanity, DeNon Housing Authority and Christian Community Action CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/SUPPORTIVE SERVICES Continue to develop permanent Create at least 15 new permanent Support of Denton supportive housing units for supportive housing units for Affordable Housing homeless households with special homeless households with special Corp., AIDS Services of needs, needs. North Texas and Denton County MHMR. CONTINUUM OF CARE STRATEGIES - SUPPORT SERVICES Continue expansion of service An additional 15 service providers Funding of HelpNET and coordination and collaboration will be added to the service participation in DeNon among providers to assist clients coordination computer network, County Homeless toward maiNaining self- including a minimum of 5 in Coalition. sufficiency. Lewisville. Page 39 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Expand affordable, quality daycare Additional childcare slots for Funding for Fred Moore for homeless households, homeless households will be Day Nursery, City available. County Day School, Friends of the Family and Denton Christian Preschool. Support of Child Care ManagemeN System Promote affordable health care and An increase in public-private Participation in the health education for uninsured and partnerships will take place. DeNon County Homeless underinsured homeless households. Coalition and Human Service Advisory Committee. Advocate for improved Denton County Homeless Participation of Denton transportation to meet the needs of Coalition will make County Homeless homeless households recommendations to public Coalition. officials for improvemeN in transportation system. LEAD-BASED PAINT STRATEGIES Educate owners/first-time 150 -200 households participating Funding of Home homebuyers on hazards and safe in the successful homeownership ImprovemeN, Minor handling of lead-based paiN. workshops each year of the five- Repair and Homebuyer year period. Assistance Programs Reduce Lead-Based Pain Hazards Average of 50 units annually will Funding of Home residential units, receive lead-based paint reduction Improvement, Minor work and clearances. Repair and Homebuyer Assistance Programs HUMAN SERVICES STRATEGIES Explore various options for the Evidence of additional child care Continue working development of additional childcare opportunities; Implementation of Human Services available to low-income voucher program or increase in Advisory Committee, households, current assistance levels; and United Way, CCMS, Number of public-private Fred Moore Day School, collaborations that take place. Denton Christian Preschool, North Central Texas Workforce Board and City County Day Nursery Page 40 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Improve health care services Number of public-private Continue working with available to low-income collaborations that take place. Human Services households, information describing Advisory Committee, effectiveness of the program in Family Health Care, Denton and Denton County United Way, CHIP Positive response from local Coalition, Healthy physicians and an increase in Communities Task Force physician providing services to and Flow Foundation Medicaid-eligible households. HSAC to work with the DeNon Not Applicable. Participation in the County Homeless Coalition to Denton County Homeless focus on programs benefiting Coalition. persons who are homeless or potentially homeless Discuss and implemem a strategy Not Applicable. Cominue working with to expand the current system of HelpNET and Human case coordination and cemralize Services Advisory information among service Committee providers including but not limited to - emergency financial services, housing services and health care. Support a growth strategy that Not Applicable. Continue working with includes human services as an the City of DeNon and essential part of the community's Human Services infrastructure. During the five-year Advisory Committee period, HSAC will recommend moving to a human services general fund set aside that is at least 1% of the total general fund budget. Continue allocation of scare Funding of AiDS Services, Denton County MHMR, Family resources to meet urgent Health Center, HOPE Inc., Interfaith Ministries, PARD: community needs as idemified ASAS/TRAC scholarships - Owsley Summer Playground through a community assessmem Program - King's Kids Day Kamp, RSVP, SPAN inc., process. Community Food Cemer, Salvation Army, Court Appoimed Special Advocates, Denton City County Day Nursery, Denton County Friends of the Family, Denton Family Resource Cemer, Fred Moore Day Nursery School, Sickle Cell Disease Assoc., Denton Christian Preschool, HelpNET, Adult Day Care of North Texas, Children's Advocacy Cemer, Owsley Community School and Riding Unlimited and Cumberland Presbyterian Children's Home. INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Page 41 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Street paving and repaving, 21,000 square yards of paving Funding of Fannin and installation of curb and gutter, and/or repaving completed. Duncan St. Repaving installation of new sidewalks and installation of 2,325 square yards Funding of Paisley, replacement sidewalks, of new sidewalks. Prairie, Bradshaw and Crawford sidewalks. Installation of water and sewer Installation of 200 feet of new Not applicable this year. lines. Connection of residential sewer and 2,000 feet of new water units to services, lines over the 5-year period. Installation of drainage Eight to ten residential properties Not applicable this year. improvements removing residential no longer designated as being in areas from floodplain, the flood plain. Rehabilitation and expansion of improvements to 2 or more public Funding of public services facilities, service facilities that enhance improvements at Denton services to low/mod clientele. City County Day School and Day Laborer's Pavilion improve and/or expand park improvements to 2 park facilities Not applicable this year. facilities including open space, by 2005. playground and other recreational facilities. Correction of deficiencies affecting Graffiti removal on the exterior of Funding of illegal the health and safety of businesses and removal of Dumping and Graffiti neighborhood residents, environmental contaminants from Abatement. dumpsites. Positive input from the community on the effectiveness of these programs. DEMOLITION STRATEGIES Continue to demolish substandard To demolish 35 structures during Funding the Demolition buildings to improve the the five-year period. Program. appearance and safety of neighborhoods. ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and expand Observe a measurable increase in Support to North Texas training and employment activities the number of poverty and low- Human Resource Group targeted to poverty and very low- income households who achieve income households, self-sufficiency. Page 42 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Expand educational opportunities Feedback indicating information Funding of HOPE Inc., for those seeking transitional was disseminated. 25-35 hh (over Demon Affordable housing or other housing support 5 years) in transitional prog Housing Corp., and services, receive counseling services. Support of Consumer Credit Counseling Encourage support of Section 3 Over the five-year period 25+ Bradshaw, Crawford, goals by local comractors, individuals hired for projects by Paisley & Prairie private comractors. Sidewalks, Demon City County Day School Project, Duncan & Fannin St. Repaves and Day Laborer's Pavilion Improvements, Encourage start-up and expansion Loan assistance to 25 Continuation of Small of micro/cottage industries microbusinesses over the five-year Business Program with supporting very low-income hhs. period, residual funds. Page 43 2003 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts 2003 Projects and Activities 1 Adult Day Care of North Texas 2. AIDS Services of NorthTexas 3. Bradshaw, Crawford & Prairie Sidewalks 4. Demon City County Day School Project 5. Duncan Repave 6. Family Health Care/Imerfaith Ministries 7. Fannin Repave 8. Improvements to Day Laborer's Pavilion 9. Interfaith Ministries 10. Nevada Court Project 11. Paisley Sidewalk 12. PARD: Kings Kids Day Camp 13. PARD: Owsley Summer Playground 14. Salvation Army Communi _ty-Wide Activities CDBG and HOME Administration Home Improvement Program Homebuyer Assistance Program HOPE, Inc. Interfaith Ministries Minor Repair Program PARD: ASAS Scholarships Page 44 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM FORMS OF INVESTMENT The City of DeNon, through the Homebuyers Assistance (HAP) will provide subsidies to low- income homebuyers. Under each program the maximum HOME subsidy will be $14,900. This amount includes all investment that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. The borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the even the borrower complies with the terms of the promissory note, deed of trust, and the HAP Program, the City of Denton agrees to release the maker of the note from paymeN of the loan. Upon the borrower's failure to carry oN the agreemeN and program requiremeNs the eNire amouN of the loan will be due and payable in full immediately from net proceeds*. Recaptured funds from the HAP Program will be used to assist other first-time homebuyers. Funding agreemeNs and/or coNracts with community housing developmeN corporations and/or subrecipieNs will include a requiremeN that the organization comply with HOME regulations in regard to coNinued affordability of assisted units. There are no other forms ofinvestmeN that are not described in §92.205(b) by the City of DeNon. *Net proceeds - defined as the sale price minus loan repaymeN and closing costs. HOME TENANT BASED RENTAL ASSISTANCE The City o£ DeNon's TenaN-Based ReNal Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. According to the 2000 Consolidated Plan for Housing and Community Development, 54% ofreNers are very low income. The Plan also states that there are 491 very low-income households on waiting lists for Section 8 subsidies or subsidized housing units. The elderly population in DeNon has increased by 29% since 1980. AboN 40% of the elderly in DeNon are reNers. More than 65% have incomes at or below 50% of the area median income. Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low-income elderly. Support services, designed to allow the elderly to remain independeN, are needed as a supplement to the housing assistance. Information provided by citizens at a December 1997 public hearing indicated a need for renal assistance targeted to persons with disabilities. Citizens noted that there was no assistance available and that the waiting list for Section 8 assistance was extremely long. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable renal housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of DeNon to adopt a TenaN Selection Policy. This policy will be used to determine Page 45 appropriate participaNs under the City's TenaN-Based ReNal Assistance program. TBRA is an esseNial elemeN of DeNon's Consolidated Plan and will serve to expand the supply of affordable, deceN, safe and sanitary housing for very low-income households. MONITORING STANDARDS AND PROCEDURES The City of DeNon will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishmeNs. Based on the comparison the City of DeNon will consider making changes or updates to the 5-year Consolidated Plan. The City of DeNon provides CDBG, HOME and General funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishmeNs. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of clieN files, financial and accouNing records, and procuremeN procedures. Independent audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the DeNon Affordable Housing Corporation, a certified CHDO. The City's Community DevelopmeN Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried oN by the City are monitored daily. Staff maiNains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maiNains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maiNains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishmeNs is also required from all City programs and projects. PUBLIC HOUSING IMPROVEMENTS The City of DeNon has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of DeNon has no public housing units. However, City staff will coNinue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipieNs with their Nility bills. No resideN initiatives strategies were included in the Consolidated Plan. Page 46 INSTITUTIONAL STRUCTURE The City of Denton's 2000 - 2005 Action Plan notes four "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. More effective coordination among Continuum of Care agencies. Community Development will continue to work closely with the Denton County Homeless Coalition. DCHC was formed through the effort to create a joint Continuum of Care plan for the cities of Denton and Lewisville. The DCHC has established a "Steering Committee" to facilitate planning and implementation of homeless and homeless prevention services. Five local agencies collaborated on an Emergency Shelter Grant Program application to the State. Approximately $116,000 in funding was awarded by the State. This was a 100% increase over prior year funding. Denton County Mental Health Mental Retardation also received approximately $700,000 in Supportive Housing funds under the Continuum of Care NOFA. 2. Initiation of advocacy efforts and strategic planning by housing providers. Local housing providers continue to work together in an attempt to develop a single housing advocacy group for the Denton community. HelpNET has agreed to take on the "stafF' position for the group in an attempt to provide some continuity. University of North Texas staff is participating in the advocacy group along with local realtors, lenders, the Denton Housing Authority, the City of Denton, Denton Affordable Housing Corporation, HOPE, Inc. and other housing professionals. Lack of Involvement by private developers and builders in the affordable housing production system. Denton has seen an improvement in the participation by private developers and builders in affordable housing production. More builders participate in the bidding process. The Community Development Division continues to attend local quarterly and monthly builder' s meetings to bring awareness of affordable housing programs to the builders and to solicit their participation. Lack of experience by private contractors in lead hazard reduction and lack of funding to complete projects. The Community Development Division provides reimbursement of training fees to participating contractors who become certified to complete interim control or abatement projects. Funding is also available to offset liability insurance cost increases when certified contractors add hazard material riders to their General Liability insurance coverage. The City of Denton is a partner agency with the City of Fort Worth in a lead hazard control program. Fort Worth is also providing funding to contractors to become certified in lead hazards, which will provide additional trained firms to this area. Page 47 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ora controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation ora criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Page 48 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdictioffs knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph (n) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with Plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature of Authorizing Official Date Denton City Manager Title of Authorized Official Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements o1'24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570.) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Page 49 Use of Funds -- It has complied with the following criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities that benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2003 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low- income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination Laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR § 570.608; Compliance with Laws -- It will comply with applicable laws. Signature of Authorizing Official Date Denton City Manager Title of Authorized Official Page 50 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. Signature of Authorizing Official Date Denton City Manager Title of Authorized Official APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. For grantees other than individuals, Alternate I applies. (This is the information to which jurisdictions certify). 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Page 51 Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles ora mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph five). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Community Development Office, 100 West Oak, Suite 208, Denton City and County Texas 76201 Check __ if there are workplaces on file that are not identified here; The certification with regard to the drug-free workplace required by 24 CFR part 24, subpart F. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Page 52 Community Development Public Hearing December 2, 2002 American Legion Hall Community Development Advisory Committee Members Present: Peggy Fox, Harry Bell, Edward Touraine and Will Taylor Human Services Advisory Committee Members Present: Lovie Price Community Development Staff Present: Nancy Baker, Anita Ferguson, Wendy Nalls, and Barbara Ross Participants: Catherine Bell Leslie Buckhanan Louis Clay Sandra Cross Willie Garrett Shirley Mann Pearl May Redford Peternia Washington Lucille Bruce Lillie Clark Ruby Cole Audra Curry Betty Kimble Ruby Mister Billy Redmon Harold Williams Gracy Buckhanan John Clay Jimmy Cross Loraine Fowler Sherri McDade Carolyn Phillips Will Taylor Bettye L. Wilson Barbara Ross opened the hearing and introduced the committee members and staff. Ms Ross also introduced Council Member Raymond Redmon and Pam Rambo-Estill from the City Manager's Office. Ms. Ross reviewed program performance for the past two years and provided the status of capital improvement projects that had not yet begun. Those in attendance discussed the Fred Moore restroom project Billy Redmon asked if the restrooms would be open 24 hours a day. Ms. Ross indicated that she thought they would be closed at night. They also discussed whether the existing restroom building would be demolished. Ms. Ross stated she thought it would be demolished. Council member Redmon indicated that he thought it would remain and would be used for storage. Ms. Ross added that she would check with the Parks and Recreation Department and Facilities Management to get the answers to these questions. Attendees divided into four groups and discussed community needs. The following are comments from each group. Group A Facilitator - Nancy Baker Carolyn Phillips: · Street repaving on Duncan Street stopped before reaching the neighborhood housing. She stated she would like to see the paving on Duncan Street be picked up where it left off and complete it up to Morse Street · Make sure that funding given to outside agencies (DAHC & HOPE were mentioned) is serving their target populations by collecting their data and by monitoring agencies to include Page 53 beneficiary information. · Cominue with adult type education like the budgeting classes and homebuyer assistance workshops. Also maybe have similar training for SE Demon teens that are graduating from high school. · Preservation of the neighborhood. · Summer programs designed to serve older youth programs maybe at MLK or Fred Moore. Shirley Mann: · Preservation of the neighborhood. · Need more affordable rems in SE Demon area. Lucille Bruce: · Finish paving on Morse Street and Duncan Street. · Install speed humps on Morse Street to slow down speeding traffic. · Repair street light that is burned out at Bell and Robertson Streets intersection Harold Williams: Would like to see that some funds go to help families that don't meet rehab program income requiremems (or that may have some debt problems). Other Group Commems: This group expressed now that the floodplain designation was removed from much of SE Denton area, that a potential for owners to sell and not care what happened to the neighborhood was high and they wanted to express that it is important to them that the neighborhoods be preserved. Group B Facilitator - Anita Ferguson Raymond Redmon: · After school programs and daycare are priorities. · Fred Moore Park needs additional parking. · Fence around South Oakwood Cemetery · Curb and gutter on Prairie Street east of Rails to Trail · Sidewalk on Prairie from Bradshaw to Locust Street · Extension of Industrial to Mr. Stansberry's house · Child day care money for businesses and religious faith-based institutions · After school programs for kids in target area · Money allocated for a feasibility study for MLK Boulevard · Sidewalk down Kerley Street from Duncan/Reed/McDonald · Creation of neighborhood empowermem zone · Restrooms at Phoenix Park Catherine Bell: Daycare that opens early morning and closes late in the day. Also overnight daycare for night shift workers. Audra Curry and Catherine Bell: Page 54 · Sidewalks · Extend Fred Moore Park onto land east of park on Bradshaw · Cemetery needs fence on other side · Affordable housing should be scattered throughom the city. Not all in southeast Demon. Southridge and other neighborhoods should be included. · Boys and Girls Club should cominue to receive funding. There should be more affordable after school programs. · Funding should be increased for childcare. · #1 priority childcare - need tutoring programs. · Finish paving on Wilson Street and parts of Hill Street. Group C Facilitator - Barbara Ross Billy Redmon: · Stated that sidewalks are needed along Lakey Street and on Morse St. Sidewalks are also needed up Prairie St. to Carroll in order to link SE Denton to downtown. He noted that many people from SE Denton walk to the downtown area. · Gravel driveways that open to paved streets often have the gravel washed away by water flow. He suggested that the City might want to pave these driveways at least four feet in. · The community needed to work more with private emerprise to develop affordable housing. · No income cap to the assistance provided to owners of low to moderate-income rental property. · The money is currently going only to non-profits and that private enterprise should be included. · The creek that runs behind Bradshaw and Rose and then to McKinney is eroding and needs some work. · Needs to be a way to assist the "down and om" in the community - those that have no way to get or maintain their own housing. Ruby Mister, Chief Execmive Officer of the Demon Housing Authority and Sherri McDade, Deputy Director: Discussed the proposed new housing construction near the Phoenix apartments. They are looking for funding for infrastructure - sidewalks, lighting, streets and drainage to assist with development costs. Ms. Mister indicated that DHA has 1500 households on their waiting list for housing assistance. They discussed using a lease-purchase option for households to transition them imo homeownership. Ms. Mister added that services would be available to these households. Gracie Buchanan: · Supports funding for low to moderate-income housing with emphasis on housing rehabilitation. · Needs to be more affordable housing built in the area. (Ms. Willie Garrett also supported this statement. · There are those that fall through the cracks - they make too much to get Section 8 assistance and yet too little to afford adequate housing. Ms. Mister commented that the type of program DHA is proposing would serve that population. Page 55 Council member Raymond Redmon memioned the City's earlier new construction program and the two units built on Robertson Street. Group D Facilitator - Wendy Nails Sandra and Jimmy Cross: · Drainage ditch on McKinney encompassing the creek, Bradshaw, and Rose St. needs to be cleaned and repaired. It is curremly leaking raw sewage and presems a health hazard · The bridge on Lehrman St. from Bradshaw to Rose is in need of repair. · Public Park located at North Crawford & Davis Street to include children's playground equipmem and Spanish/English language signs. · Information in the Community Developmem Newsletter should be available to more citizens. Loraine Fowler: · Sidewalk installation on South Crawford Street from McKinney · Bus Shelter for the Span bus services at Sycamore and Bradshaw · Guard rails and warning signs on the curve of South Crawford in the 300 block. There has been damage to private property. Petrina Washington: · Pocket Park on the comer of North Wood and McKinney to include benches and decorative lighting as an entrance to the SE Denton neighborhood · Community Developmem Division Micro Emerprise Loan program could be improved by simplified forms and increased hands on training and information through the application process. · DeNon Affordable Housing serves a small number of people and is not sufficiem for the community needs. · The community needs to increase available jobs and job training resources in conjunction with affordable housing for a viable solmion to the affordable housing problem Other Group Commems: · Sidewalk installation on the emire length of Kerley. School Bus services drop off children on this street. · Sidewalks on Lakey from Duncan street due to the increased number of children using the street as a thoroughfare to the bus stop · Sidewalk at Lakey and Wilson due to the number of children using the imersection · Sidewalk on Paisley street from Frame · Sidewalk on Bradshaw All participants reconvened into a single group. Each group facilitator reported on the comments and priorities discussed by their group. Barbara Ross asked for any additional commems. Some participams indicated that childcare and affordable housing should be the priorities. Catherine Bell stated that daycare, after school care and some type of overnight childcare for those individuals Page 56 who work at night is needed. Ms. Phillips stated that all programs should be accessible to everyone. Mr. Redmon restated his concern about households that can't afford to live in standard housing. He mentioned the elderly on SSI as a group that needs assistance. Attendees discussed the idea of other family members taking responsibility for a rehabilitated unit rather than the elderly resident. Raymond Redmon stated that he would like for Ms. Ross to look into Denton's ability to set up an empowerment zone. Ms. Mister stated that even with an Enterprise Community designation the City would get more points when applying for grants. Ms. Ross stated that staff previously looked at Denton' s potential to receive a designation. It did not appear that the US Department of Housing and Urban Development was providing much in the way of incentives. She added that when all the 2000 Census data was available that staff would take another look. Mr. Redmon indicated that he wanted the neighborhood set up as an empowerment zone regardless of a HUD designation. He stated this would funnel more funding into the area. Other potential projects were: · Wilson and Hill repaving · Curb and gutter on Prairie · Gas line to Wye St. - one household has no gas · Better job training programs Comments from the surveys: · The micro lending program needs revamping. · Because of the changes in the school bus stops there is a need for a sidewalk on Kerley Street. · The use of vacant property toward building of homes for single-family living. · Need more funding for new construction in SE Denton. Money should go to nonprofits not for profit. The City should not "build" houses but provide $'s to agencies (N-profit). · Provide funding to DHA to replace Phoenix Apartments. · Additional childcare. Page 57 Community Development Public Hearing December 9, 2002 American Legion Hall Community Developmem Advisory Committee Members Present: Ed Touraine Community Developmem Staff Presem: Gordon Meredith, Alma Espino and Luisa Rodriguez-Garcia Participants: Ambrocio Soto Reginald Logan Ramon Robles Domingo Perez Raymond Redmon Charles Alexander Luisa Rodriguez-Garcia welcomed everyone to the public hearing and imroduced the Ed Touraine, Chairperson for the CDAC committee and staff. All the information provided at the public hearing was provided in Spanish and English. Attendees divided imo two groups and discussed community needs. The following are commems from each group. Group A Facilitator - Luisa Rodriguez-Garcia and Gordon Meredith Ms. Rodriguez-Garcia reviewed program performance for the past two years and provided the status of capital improvement projects that had not yet begun. Mr. Logan asked how Sanger could request CDBG funds. Luisa Rodriguez-Garcia stated that Sanger would probably have to request funds from the State of Texas because of its population size. The group discussed the purpose and use of CD funding. Ms. Rodriguez-Garcia also reviewed with the group the eligibility requiremems for a public improvemem project versus housing and human services program. Reginald Logan: · Can CD funds be used on mobile homes for repairs? Gordon Meredith provided information on the Minor Repair Program and stated that mobile homes within the city of DeNon were eligible for assistance. Charles Alexander: · Sidewalks on Wilson and Lakey. · Speed bumps on Kerley. · Support of MLK Therapeutic Program · Payphone at American Legion Hall. Council member Redmon memioned that when the American Legion Hall was renovated, the existing phones were removed at the request of the neighborhood. Page 5 8 Raymond Redmond: · Sidewalks in Southeast Denton are an important need. · Curbs and gutters on Prairie Street in SE Denton. · Support funding for Boys and Girls Club at Fred Moore for daycare and after school care. · Support for faith based institutions in SE Denton for daycares. · Beautification of SE Denton. · Need an avenue or referral system for people that are barely making it financially. · Support the use of CDBG funds for distress neighborhoods to raise the standard of living. Group B Facilitator - Alma Espino Alma Espino reviewed program performance for the past two years and provided the status of capital improvement projects that had not yet begun. Domingo Perez: · Programs to educate on understanding medical bills. For example: He prepaid the hospital for his delivery of his child, yet he is still being billed. He would like to be further educated to understand. His insurance covered a portion and he prepaid the remainder. · Need for a speed hump on Peak Street near 1022 Peak. He added that cars are constantly racing other cars on the street. His son was almost run over the other day. He also added the need for more police in the area not only to help with the speeding cars, bM with a problem house where parties are constantly held. · Need for GED classes in Spanish. He added that he is working to obtain his GED to qualify to work for the City of DeMon. Ramon · · Robles: Need for a recreation ceMer for Hispanics. Need for a speed hump on Kerley. He added that a speeding car had run over a person just receMly. CD Staff meMioned that this project has previously been looked, bM that the Fire Department felt it would only increase the EMS and Fire response time. · Concerned and asked if we had any information regarding obtaining help for citizenship for children who have been here almost all their lives. For example there is an 11th grader who has been here since he was three. The family has obtained residency states for the father and is working on the mother and does not have the resources to pay for the child at this time. He is concerned with this child's coMinuing education. · Would like a park for Hispanics. He added that he waMed a place where they wouldn't be run off from like North Lakes. A place where the police would not harass people. A place to have tournaments of soccer. · Mr. Robles stated that he had problems renting the Civic Center and the park. He stated that Ken Washington has been helpful. He and over 200 people from San Rafael, Mexico, who live in the area, have formed a Foundation of San Rafael to help oM their hometown. They hope to have a fair, something like Cinco de Mayo, to celebrate an importaM holiday from their town. The group feels that they have not been welcomed or treated fairly. · Concerns regarding the drainage ditch along the Minor Circle addition, next to 1011 Minor Page 59 Circle. People in the surrounding neighborhoods park their vehicles in the circle and use the ditch to the house to get to the other neighborhoods. This happens at all hours of the day and sometimes the automobiles make it hard to get in and out of the Minor Circle Neighborhood. He would like it if the City would look into closing the area or providing a barrier so it will not be used as a walkway. Other Comments: Mr. Perez and Mr. Robles stated that they would like to see a place that would provide information on Life insurance. They don't understand the process. Mr. Soto added that he needed help because he only had a Life insurance policy that would pay if he died in an accident. Page 60 Community Development 30-day Comment Period from 3/31/03 through 4/29/03 Any comments received during the comment period will be included in this section. Page 61 Official Minutes Community DevelopmeN Advisory Committee February 5, 2003 at 3:00 p.m. Economic Development Conference Room Members PreseN: Members AbseN: Staff Present: Pat Colonna, Sondra Ferstl, Hank Dickenson, Edward Touraine, Will Taylor, Harry Bell and Barbara Stinnett. Peggy Fox Barbara Ross and Luisa Rodriguez-Garcia Edward Touraine, Chairperson, called the meeting to order at 3:03 p.m. Pat Colonna made a motion to approve the minutes for the December 4, 2002 meeting with two corrections. Hank Dickenson seconded the motion. The minutes were approved unanimously. Luisa Rodriguez-Garcia provided the committee with minutes from the English and Spanish public hearings. Ed Touraine requested that his name be added to the minutes of the December 2nd public hearing since he attended. Will Taylor also requested the same. Ms. Rodriguez-Garcia also provided the committee with last year's funding questionnaire. The questionnaire ranked each project from 1 to 5 with 1 being "not a priority" and 5 being a "top priority". Luisa Rodriguez-Garcia stated that they could coNinue using the same questionnaire or a new one could be developed. Edward Touraine indicated that the same form could be used. The committee agreed. Barbara Ross provided the committee with an explanation on conflict of iNerest. Ms. Ross asked the committee members to let staff know if they had a possible conflict of iNerest, especially if the member was on the board of an agency that was requesting funds, such as PC Donations and DeNon Affordable Housing Corporation. She also meNioned that another possible conflict could be if a committee member had a financial iNerest in one of the programs curreNly funded. For example if a committee member was a realtor that helped people buy houses and they accessed the HAP program for assistance. The committee discussed setting dates for funding hearings. Luisa Rodriguez-Garcia meNioned that the committee had 11 funding requests. The committee agreed to schedule the funding hearings on Tuesday on February 11th, 18th, 25th and a meeting to schedule funding recommendations on March 4th from 1:00 to 3:00 p.m. The committee also agreed to provide each agency 15 minutes with 5 minutes for a short presentation and 10 minutes for questions. Ms. Luisa Rodriguez-Garcia reported to the committee an estimated $556,000 in HOME funds would be available to allocate to applications this year. However, based on eligible HOME applications submitted, not all the HOME funds will be allocated. A balance of $171,000 would remain in HOME funds. Ms. Luisa Rodriguez-Garcia asked the committee if they waned to consider a new construction application. The committee agreed. Barbara Ross provided a brief explanation of the Page 62 Infill New Construction Application. The program uses vacaN lots that are either purchased or owned by the City and builds an affordable home for a first-time homebuyer. This program would be the same as the program that previously built four homes, two on Windsor and two on Robertson Street. Ms. Colonna asked if the houses being built would be similar to those in the neighborhood. Barbara Ross explained that the City of DeNon has a list of 36 vacaN lots that have delinqueN taxes and the City would try to take possession of the lots. Many of the lots are in Southeast DeNon. The City of Denton would meet with the residences of Southeast Denton and ask for input on the type of houses that are needed in the neighborhood. The City of DeNon received many complains the new home built on Robertson Street that were 2 and 3 bedrooms and bricked. This would be the same type of homes that are built under the Infill New Construction Program. Ms. Colonna mentioned that new construction of affordable housing was a need meNioned at the receN Community DevelopmeN public hearing. Barbara Stinnett asked if the homebuyer would receive a loan from the City of DeNon. Ms. Luisa Rodriguez-Garcia responded that the prospective homebuyer would need to qualify for a mortgage loan from a traditional mortgage company and that down paymeN and closing assistance would be available for eligible homebuyers from the Homebuyer Assistance Program. Barbara Ross provided information on the process. She stated that the City of DeNon would build the homes and then sell them to first-time homebuyers and the proceeds from the sale of the homes would coNinue to build additional homes. Ms. Ross indicated that the previously funded program was turned over to the Denton Affordable Housing Corporation. Ms. Rodriguez-Garcia mentioned that affordable housing is a great need in DeNon and that the more agencies involve in affordable housing the better to help meet the need. She also meNioned that that the Infill New Construction Application will be provided to them at the next meeting. Edward Touraine asked the member if they needed additional information from the applicaNs before the funding presentations. Mr. Touraine requested a costs breakdown from Denton City County Day School for their request. Barbara Stinnett asked about the non-profit status for PC Donations. Luisa Rodriguez-Garcia responded that according to PC Donations they have applied for the non-profit status from the State of Texas, but they have not received approval yet. Barbara Ross stated that the City of Denton received a TIF grant from the State of Texas to fund computers for the North Branch Library, MLK Recreation Center and the Denia Recreation Center. Funding would also provide laptops for a mobile teaching unit. Ms. Rodriguez-Garcia stated that the Mulkey Street Repave was ineligible for CDBG funds because it did not meet the minimum perceNage of low moderate-income households in the block group. Mr. Touraine asked the committee to coNact staff with any additional information needed on the applications. Ms. Rodriguez-Garcia provided the committee with HUD's Annual AssessmeN of the City of DeNon. The committee congratulated the Community DevelopmeN staff for a job well done. The meeting was adjourned at 4:05 p.m. Page 63 Official Minutes Community DevelopmeM Advisory Committee February 11, 2003 at 3:00 p.m. Wells Fargo Bank Board Room Members PreseM: Members AbseM: Staff Present: Pat Colonna, Sondra Ferstl, Hank Dickenson, Edward Touraine, Will Taylor, Peggy Fox, Harry Bell and Barbara Stinnett. None Barbara Ross and Luisa Rodriguez-Garcia Edward Touraine, Chairperson, called the meeting to order at 3:02. The following are funding presentation to the committee. Each agency or department received five minutes for a presentation and ten minutes for questions and answers. Denton City County Day School Improvements Carolyn Berry, Director of the DeMon City County Day School, iMroduced herself and Bob Tickner, a board member. Mr. Tickner stated that they were very appreciative of how CDBG had assisted them over the years. Mr. Tickner stated that Denton City County Day School is on Paisley Street and had been in business since the 1950's. The school provides affordable day care to families that might be able to afford it. Over the years, they have tried to upgrade the school. The funding they have received over the years from CDBG has assisted them in doing just that. The school would like to coMinue to move forward and coMinue to make program and facility improvemeMs and they are looking forward to the opportunity to construct an Activity CeMer on the site. The facility would allow the teacher to take the kids oMside of the classroom to a sheltered area regardless of the weather and the kids can get involved in more activities than they are able to do right now inside the classroom. According to Mr. Tickner, they feel that they can construct the Activity Center with donations and private funds. The project will require them to plat the property and meet the new developmeM code. DeMon City County Day School will be required to complete public improvemeMs to the site such as installation of sidewalk across the property and any substandard driveway accesses and fire lanes are required to be upgraded at the same time. According to Mr. Tickner CDBG funds are being requested for the public improvemeMs costing aboM $61,000. The public improvemeMs will not just benefit the school bM also the neighborhood. The project will consists of installation of a sidewalk along the property on Paisley Street, new fire lane and drop off site in property of the school. According to Mr. Tickner, the school requires that all pareMs bring their child iMo the school every morning and sign them in and also pick them up. The project will also include paved parking for employees. Employees curreMly have to park in a gravel parking lot. Mr. Tickner provided a map showing an overview of the project site. The map illustrated to the committee the location of the sidewalk, fire lane and the employee parking. According to Mr. Tickner, since Paisley Street is on the thoroughfare plan and designated as a major collectors street, it requires an eight-foot wide sidewalk. According to Bob Tickner, the board is planning on generating the dollars for the Activity CeMer. Barbara Ross asked how soon they would generate the dollars. According to Bob Tickner, they had good start already from donations from benefactors in receM years. They hope to get started in the next six months. Mr. Tickner stated that he realized that CDBG Page 64 funds would not be available umil sometime in October so arrangemems would have to be made with the City of Denton to allow them to start construction with the understanding that CDBG funds were approved for the public improvemems. Ms. Ferstl asked if the building had already been started. Ms. Ross also asked how much money had already been committed to the project. According to Carolyn Berry, they curremly have $22,000 of $120,000 needed for the Activity Cemer, which is a good start being that they have never done a capital campaign. The Demon City County Day School Board president presented to United Way documentation stating the school was going into a capital campaign. United Way has approved their capital campaign plan. Barbara Stinnett asked if the Activity Cemer was a big open 30 x 40 building. Bob Tickner agreed and responded that the Activity Cemer would also have a small restroom and storage capacity for games. He also stated that the building would be similar to what is available at most elememaries. According to Carolyn Berry, they are currently working with Nelson Architects to develop plans where they can construct the center in phases as funds are available. Bob Tickner stated that the first phase of the cemer would be a good solid building that would meet all City standards. The Activity Cemer would also have garage doors that would be opened on nice days. However, the building would be set up with the idea that heat and air conditioner would be added later. Edward Touraine asked if the driveway itself would be 40-feet wide. He poimed out that if you have a 40-foot wide driveway plus 8-foot wide sidewalks the two trees on the property will be need to be removed. Mr. Tickner responded that landscape would need to be added to the project since the new code requires a tree every 30 feet. He also stated that the drive way would not be 40-foot as it comes offthe approach but it will be at the from of the building. Barbara Ross asked Carolyn Berry if there were other daycares that had similar Activity Cemers. Ms. Berry responded that this type of building is seen more in for-profit daycares. She also stated that a daycare on Swisher Road and TWU Pioneer School both have Activity Cemers. Ms. Ross asked why the school was not adding to the existing daycare building. Mr. Tickner responded that they would love to add to the exiting building, but building codes would require a 20-foot separation or they would have to bring the existing day care up to city code. The additional space would also require the installation of a sprinkler system. Ms. Ferstl asked Mr. Tickner to provide a dollar figure on the various items for the project. Mr. Tickner passed out estimates for each of the componems of the project. 8-foot sidewalk $ 8,450.00 Fire Lane/Drop offparking $37,287.50 Employee Parking $15,606.00 According to Mr. Tickner these figures are estimates and the actual figures will be determined when the project is bid out. He also stated that the City of Demon would probably not gram a building permit on the Activity Center until the public improvements were completed. Denton City County Day School could also ask for a variance but City staff has indicated that there is no basis for approving this type of variance. Barbara Stinnet asked if CDBG funds are being requested for the platting. Mr. Tickner responded that agency would be paying for the platting and that CDBG funds are only being requested for the items that are strictly public improvemems. Mr. Harry Bell asked when the agency was planning on starting the building. Mr. Tickner responded that hopefully later this summer. Mr. Bell asked how the agency would handle it if the prices were up. Mr. Ticker responded that they would have to adjust the project. Ms. Ross stated that normally the agency would have to come up with the difference. Mr. Tickner thanked the committee for the opportunity to come and present. Page 65 Improvements to Day Laborer's Pavilion Jon Fortune, Assistam City Manager for Public Safety and Transportation for the City of Demon, introduced himself and Pamela Rambo-Estill, Assistant to the City Manager. Ms. Rambo-Estill stated that the request was from Public Safety, Engineering and Parks Maimenance to do public improvements at the Day Laborer's site which is located at 221 W. Collins. According to Ms. Rambo- Estill the project consists of making improvemems that will increase the health and public safety of the community. The application includes a list of improvemems that have been prioritized based on health and safety of the site users and the community. The top health priority is replacing the water foundation, so that the site users and potential employees can have access to water year round, which is a critical necessity. The top safety priority based on commems received by the community and recommendations by the Police Department is a perimeter fence. The potential for either a vehicle- pedestrian or a vehicle-vehicle accidem is prevalem because the laborers congregate so close to the street. Ms. Rambo-Estill reported that this site has been granted matching funds of $10,000 from the Neighborhood Empowermem Program. This is a good opportunity to use those matching funds. Mr. Fortune introduced Officer Fleming the South Area Coordinator for the Police Department. According to Mr. Fortune, Officer Fleming has experience with this area and can answer questions. He also stated that an officer is also stationed at the site every morning for two or three hours to keep people out of the streets. Edward Touraine asked that since the fence would be installed with a setback and shrubs will be plamed later, what would keep the day laborers from standing in from of the fence and in the road. Officer Fleming responded that the shear number of laborers would not allow them to stand in between the fence and the road. Barbara Stinnet asked about the placemem of the fence. She was concerned about the potemial danger for the day laborers. Ms. Rambo-Estill responded that the fence would be along the curve at Fort Worth around to the drive way and also on the other side of Myrtle along the drainage ditch. Mr. Touraine asked if the fence would be ora spiral type as referenced in the pictures provided in the application. According to Ms. Rambo-Estill, the Police Department recommended that a fence with a pointed top would be most effective. Mr. Touraine stated that he was concerned that the fence would be only four feet and that would be easy for the day laborers to jump and have a potemial for accidems. Ms. Ferstl asked about the rip rap pavers. Mr. Fortune stated that the pavers are similar to pavers in the median of the road made of brick. According to John Fortune, they are asking for $22,623 and the total to do all three parts is $33,623. The $22,623 would allow them to leverage the additional $10,000 for Neighborhood Empowerment Funds. Mr. Touraine asked if it would be more cost effective to use concrete instead of the paving stones. According to Ms. Rambo-Estill, paving stones are recommended because it would be easier to access the storm sewer with the paving stones than with concrete. Ms. Ross asked if city employees would be installing the pavers. According to Ms. Rambo-Estill, a comractor would be hired for the project. Ms. Rambo-Estill also stated that they have verbal commitmem from the Parks Department to complete the fencing and the water fountain if funding was not approved. Ms. Stinnet asked who would be installing the landscaping and maimaining it. According to Ms. Rambo-Estill, LULAC has offered to install landscaping as a service project and the second phase of the project includes repair of the sprinkler system. The committee discussed the need for a sprinkler system at the site. Jon Fortune provided the committee a history on the project. According to Mr. Fortune the City of Denton has never been responsible for maintaining the site until recently. The Denton Humanitarian Association was established when the site was built to provide the ongoing maintenance for the facility. According to Mr. Fortune the association had a difficult time with the maimenance of the site. In September the City of Demon received a letter from the association stating the project was being turned over to the City of Demon. Ms. Ferstl asked about the match from the Neighborhood Page 66 Empowermem Program. Ms. Rambo-Estill responded that the match is a 1 to 1 match. Ms. Luisa Rodriguez-Garcia asked if other sites had been considered for a day laborer site. She was concerned about the site because of its proximity to high trafficked street. According to Jon Fortune, this site was chosen because of its close proximity to where the day laborers reside. Barbara Ross stated that there had been some discussion about charging a fee to the type of comractors that would use the day laborers as a users fee. Jon Fortune responded that he was not aware about any plans to implemem a user fee. Denton Affordable Housing Corporation Sheila Gianniny, Deputy Director, imroduced herself. Ms. Gianniny memioned that DeNon Affordable Housing Corporation (DAHC) had two aspects to its business - providing rental properties to the special needs population and assistance to low to moderate income families to purchase a home. DAHC has sold 112 houses in the Denton since 1995. Last year, DAHC ventured into newly constructed homes and their first built was on Brandywine Circle. Ms. Gianniny mentioned that they would like to continue offering newly constructed homes to first time homebuyers. According to Ms. Gianniny, DAHC has a parcel of land on Mockingbird Lane and Paisley of about 5.358 acres that would be perfect for building affordable homes. The house plans for this development are similar to the house on Brandywine in construction type and size with an average of $1,150 square feet. She also reported that 38% of the previous homebuyers have been at 50% of the area median income or less and 47% have been between 51% to 80% of the area median income. These are the buyers that DAHC is targeting for the new development. DAHC has historically assisted a homebuyer with down payment and closing costs using funding from the FHLB of Dallas, HOME funds and CHDO proceeds. Ms. Gianniny also mentioned that because of the infrastructure costs associated with this development and to keep the costs of the homes affordable, DAHC is applying for $156,000 in HOME funds. Barbara Stinnett asked if the 10 single-family attached were duplexes. Ms. Gianniny stated that she was correct. The duplexes have individual lots, but they share a common wall. Ms. Ferstl asked about the possibility of being granted the zoning change in order to construct 32 instead of 24 units. Ms. Gianniny responded that the objective of development plan is to build houses like what is near by. Ms. Gianniny stated that it would make sense that the zoning change would be approved. The zoning change has not been requested but would be soon. Ms. Gianniny also stated that the board of directors would be meeting with the neighborhood and providing information and hoping to get feedback on how the neighborhood feels about the project. Barbara Stinnett asked ifDAHC had conducted a neighborhood meeting. Ms. Gianniny responded that DAHC would be conducting a meeting in the next 30 to 60 days. Packets will be handed out door to door during the month of February and March. Ms. Stinnett asked ifDAHC purchased the property or was it donated. Ms. Ross responded that the property had been donated. Sheila Gianniny also stated that DAHC is in the process of purchasing a portion of the land. Edward Touraine asked if the structure at 410 Mockingbird would be demolished. Barbara Ross responded that the City's Demolition Program had demolished structures for DAHC in the past, but the structure would have to be substandard. Mr. Touraine mentioned that the structure did not look substandard. Edward Touraine asked if the project would go forward if the zoning change is not approved. Sheila Gianniny responded that DAHC would like to continue the project but if the zoning change is not approved, but the houses would probably not fall in an affordable price range. Ms. Ross noticed that the budget had $60,000 in impact fee grants. The City of Denton normally does not allocate $60,000 in one year. She asked if it would be over a three year period. Sheila Gianniny responded that it would be over two years. Ms. Ross stated that it would be difficult since this year only $20,000 was budgeted for impact fee grants. Ms. Stinnett asked about the Page 67 proposed construction date. Ms. Gianniny stated that they would like to start construction in August 2003. Luisa Rodriguez-Garcia asked if the drainage problems on the site had been addressed. According to Ms. Gianniny, the drainage problems had already been discussed with the engineers. Barbara Ross mentioned to the committee that DAHC had a neighborhood meeting in the past when the agency was moving some houses in Mockingbird area. According to Barbara Ross, several of the neighbors stated that they were aware about the new construction project on Mockingbird and did not have any problems with that project. Barbara Stinnett asked staff if DAHC is required by law to have neighborhood meetings. Barbara Ross responded no, but that it is a requirement in the contract between the City of Demon and DAHC. Homebuyer Assistance Program Luisa Rodriguez-Garcia provided a brief explanation of the Homebuyer Assistance Program. The Homebuyer Assistance Program, which was started in 1992, provides down payment, closing costs and principal reduction assistance to first time homebuyers to purchase their first home in Denton. Families that utilize this program can normally afford their mortgage paymems but they have a difficult time saving the necessary funds for the down paymem and closing costs. According to Ms. Rodriguez-Garcia, the program places a lien on the property for the amoum of assistance for 5, 10 or 15 years. If the homebuyer, sells the home before the term of the loan, the full amoum is repaid to the City of Demon. The program requires the homebuyer to take a class on how to purchase a home. The class provides information on whether they should consider buying a home, household maimenance and budgeting. Ms. Rodriguez-Garcia memioned that the Community Developmem Division is requesting fewer funds for the program than in past years. This is due to the hesitation of first-time homebuyers to buy a house during a time where they are unsure about the economy. The program has a balance that will be carried over to next year. Ms. Stinnett asked how much is normally requested. According to Luisa Rodriguez-Garcia, the Homebuyer Assistance Program normally requests about $450,000. This year's request of $135,535 plus the balance from this year will allow the program to assist a total of 55 households next year. Minor Repair Program Gordon Meredith from the Community Developmem Division imroduced himself. According to Mr. Meredith, the Minor Repair Program was first funded in 1996. Mr. Meredith provided the committee with a handout that showed the number of repairs completed since 1996. This year's request is for $41,000, which is a decrease to last year's request of $80,000. A second handout showed the number of households assisted by census tracts. According to the handout, most of the repairs were completed in census tract 212 and 20602, which is Southeast Denton and Northeast Denton. Sondra Ferstl asked if the program generated program income. Mr. Meredith responded that the assistance is in the form of a gram. Ms. Ferstl asked if some people have utilized the program more than once. Gordon Meredith responded yes. The program has had three individuals that have used the program four times since its inception and another three that have used it three times. He also mentioned that approximately a dozen have used it twice. According to Mr. Meredith, an individual might utilize the program because of a leaking water heater and then a year later they might have an uninsured loss to the roof which are unrelated repairs. Barbara Ross stated that the Community Developmem Staff have had discussions about limitations on the number of repairs. Edward Touraine asked if the program is only for owner-occupied homes. Gordon Meredith agreed and memioned that remal property is ineligible. Mr. Touraine also asked if many of the repairs are to homes that are in the floodplain. Mr. Meredith responded that there are not as many because of the drainage improvemems that were Page 68 completed in Southeast Denton. Home Improvement/Optional Reconstruction Program Alma Espino from the Community Developmem Division imroduced herself. She memioned that fewer funds were being requested this year. Ms. Espino memioned that residual funds are available from this because the process to apply for funding is a stricter. The program requires that the homeowner be able to afford the home and their other financial responsibilities. They also consider homeowner's credit history for eligibility. Homeowners that have problems with credit are given six months to participate in a program like Consumer Credit Counseling Services to develop a plan to pay off debt. Alma Espino stated that there are currently seven projects that are in the process of getting started in the next few months. The Minor Repair Program refers some of the homeowners. She also reported that the program assisted seven households last year and they are hoping for the same next year. Ms. Espino provided the committee with before and after pictures of a recent reconstruction project that included ADA features. According to Ms. Espino, a home is considered for reconstruction when it is not feasible for rehabilitation. Edward Touraine asked if all the homes have ADA features. Alma Espino responded that ADA is only considered based on the needs of the households. She also memioned that the homeowners are required to have lived in the home a minimum of five years to qualify for the program. Ms. Ferstl asked Alma Espino to verify the number of reconstruction projects that are projected to be completed. Ms. Espino responded that are hoping to reconstruct seven homes. Barbara Ross memioned to the committee that staff had applied for and was awarded a Lead Hazard Comrol Gram from HUD for $300,000. Mr. Touraine asked about the number of defaults since the inception of the program. Ms. Espino responded that the program has only had a couple in default. Ms. Stinnett asked if the monthly paymem is sometimes adjusted because on the household financial difficulty. Ms. Espino responded yes. Mr. Touraine reminded the committee about their upcoming meetings. Ms. Rodriguez-Garcia mentioned that the February 18th CDAC meeting was cancelled to a staff conflict. The next scheduled meeting is Tuesday, February 25th Pat Colonna requested pictures about the Graffiti Removal proposal. The committee agreed and also requested pictures from the Illegal Dumping proposal. The meeting was adjourned at 4:40 p.m. Page 69 Official Minutes Community Development Advisory Committee March 4, 2003 at 3:00 p.m. Wells Fargo Bank Board Room Members Present: Members Absent: Staff Present: Pat Colonna, Sondra Ferstl, Hank Dickenson, Edward Touraine, Will Taylor, Peggy Fox, Harry Bell, Sue Thomson and Barbara Stinnett. None Barbara Ross and Luisa Rodriguez-Garcia Ed Touraine called the meeting to order at 3:00 pm. He introduced Sue Thomson as a new committee member. He asked the first applicant to begin their presentation. City of Denton Engineering Department Frank Payne, Engineering Administrator, introduced himself and Rebecca Guthrie. Ms. Guthrie began the presentation by reviewing each project request. She indicated that these projects were submitted to Engineering by the community development staff and that they were in priority order. · Industrial Avenue doesn't meet City standards and needs to be paved. It will require 125 feet of paving. · Fannin Street also does not meet City standards and needs to be paved. · Paisley Street sidewalks from Frame to Bradshaw would provide a continuous sidewalk and repair deteriorated areas. School children use these sidewalks. · Prairie Street sidewalks from Bradshaw to Locust would provide pedestrian access to the downtown area. There are no sidewalks on this street. Households can use the access to downtown to pay their bills, use LINK, and school children can use them. · Wilson Street paving is needed because the street has significant deterioration. However, some of the street will be paved as part of another project. · Duncan Street also has deterioration and needs to be repaved. A portion was previously completed through the use of CDBG funds. Funds are now being requested for the rest of the street to be repaved. · Alice, Coit, Cordell, and Emery were submitted as a group. The streets are deteriorated and need to be repaved. · CDBG Sidewalk Pool consists ofBradshaw, Crawford and Kerley. There are no sidewalks in that area. There is a need for a safe walking area. · Paisley and Mulkey Street are deteriorated and don't meet City standards. These streets need to be repaved. · Wilson Street and Peak Street speed humps would be installed to slow traffic on these straight-a- ways. Engineering staff checked with the Fire Department and there would be no problem with the installation of speed humps on these streets. Ms. Guthrie did point out a mistake in the Engineering cost estimate for the Alice, Coit, etc. project. She asked if the members had any questions. Frank Payne commented that the Industrial Street project was a priority because it bordered an existing City street and it is in heavy disrepair. He added Page 70 that the street should be extended past the citizen's house. He also noted that Fannin Street was ranked high because it was in a particularly bad state of disrepair. It was also noted that the residents rated the two high priority sidewalk projects as very important. Ms. Guthrie noted that other portions of Fannin would be completed under another City project. Sondra Ferstl asked why the Industrial Street project is a priority. She noted that the project would affect only one household. Ms. Ferstl asked if the committee wasn't looking for projects that benefit a larger number of households. Ms. Ross explained that household benefit is a measure for CDBG. She noted that not all of Industrial was dedicated as a City street at this time. Ms. Ross stated that the resident on the street received a reconstruction on his housing unit and he is now requesting that the street be paved. She noted that there might be room for another unit to be constructed in the area. Mr. Payne stated that it was ranked high because it is in terrible condition and the housing unit has been reconstructed using City CDBG funds. Mr. Touraine commented that he did not understand why the house was reconstructed without the owner having proper access. Ms. Ross indicated that the owner had been using the existing substandard street for access for many years and that no one realized until they began working on the project that it was not a dedicated street and that the owner was accessing his property by driving across privately owned property. Ms. Ferstl asked why the Alice, Coit, Cordell and Emery project was grouped together and that they would need the costs per street separated out. Mr. Payne indicated where the costs were broken out. Ms. Ferstl asked what the priority was. Ms. Guthrie stated that the streets were in priority rank-order in their information. Mr. Payne indicated that there were other streets where the residents had requested repairs but that Engineering staff did not feel that repairs were needed. Ms. Ferstl asked how many of the houses on these streets were owner-occupied. Mr. Payne did not know. Ms. Ferstl asked CD staff if it would make a difference. Ms. Ross indicated that she was unsure how staff would be able to identify units as rental since property owners did not have to register units as rental. She added that on a past sewer line project, members discussed that the five or six units that would be assisted and receive sewer services were rental properties. At that time members preferred not to fund the project that appeared to benefit only owners of rental properties. However, Ms. Ross commented that these were city streets used by area residents and even though they may be renters they would still meet the low/mod benefit requirement. Ms. Rodriguez-Garcia commented that the resident that she talked with said the area residents had a neighborhood meeting and agreed that this was a concern. There were about 30 people at the meeting and they chose the gentleman she spoke with to bring the project to the attention of City staff. Ms. Rodriguez-Garcia said the caller stated that there were many more households that were interested in seeing these street repaved. Peggy Fox stated that she did not remember very much work being done in this area with CDBG. Pat Colonna stated that it is around the corner from her and that there are many homeowners in the area. Barbara Stinnett asked Mr. Payne about the delay completing the McKinney Street Sidewalk project that was funded two years ago. Mr. Payne indicated that they have experienced a reorganization and that some of the folks that were working on that project have been reassigned. It noted that it should be out for bid this spring with the contractor beginning work in the summer. Mr. Touraine asked why they didn't pick up the part of Paisley that was one block west of Ruddell. He stated it appeared to be in worse shape that the rest. Mr. Payne stated that perhaps they should have looked at that and updated the application. Mr. Touraine asked if Paisley was used as a feeder Page 71 street for City vehicles. Ms. Guthrie said yes. Mr. Touraine asked why a sidewalk was needed on Duncan from Shady Oaks to Kerley when there was a sidewalk on the west side of the street. Mr. Payne explained that the sidewalk across the street was a rails-to-trails walkway and that the school children walk on the other side of the street. Mr. Touraine asked additional questions about the sidewalks and where the children were being dropped off. Mr. Touraine stated that he felt Wilson Street did not look that bad. Ms. Ross indicated that she had received several requests for the street to be repaved. Mr. Payne indicated that this seemed to be a higher need than Duncan Street. Mr. Bell stated that on Duncan Street the work stopped at Smith Street. The portion of the street that served the residential area was not paved. Ms. Ross commented that when Ms. Guthrie says that the project came from "Community Development," that these are all citizen requests that are relayed from CD to the Engineering staff and applications are developed based on those requests. Mr. Payne indicated that Lakey Street sidewalks was also a citizen request but that it was not submitted because of the difficulty in doing that project. He stated there was very little room for sidewalks and it would take up most of the yards of the existing residents. They discussed striping the side of the street as if it were a bicycle path to give a designated pedestrian area. Demolition Program Greg Mitchell, Building Official, introduced himself. He stated that there was currently about $53,000 remaining in the program budget. Mr. Mitchell estimated that after the current set of demolitions is completed the remaining funds plus the $30,000 request would cover the program until the end of 2004. He also commented that most of the substandard structures in the City had been demolished and that in the future the list of potential demolitions would be greatly reduced. Mr. Mitchell discussed the demolition process. Ms. Fox noted that in the past, they've had difficulty finding contractors. Ms. Ross said there was no problem finding contractors but that sometimes they have problems getting the contractors to complete the demolitions to staff' s satisfaction. Mr. Dickenson asked what happens to historic properties. Do they sit as an eyesore? Mr. Mitchell said that since CDBG is the only source of funding that they could not tear them down. Mr. Dickenson asked how many structures there were like that in the community. Mr. Mitchell stated that he did not believe there were very many sitting around. Ms. Colonna thanked Mr. Mitchell for the work that has been completed in her neighborhood on substandard structures, burnouts, etc. Mr. Touraine asked if a lien was placed on these properties. Mr. Mitchell stated that a lien is placed on the property. Ms. Ross added that there have been a few lien payoffs but usually properties are abandoned. Ms. Ross also noted that if a low/mod person owns the property, no lien is filed. Ms. Stinnett asked how much had been spent over the past couple of years. Mr. Mitchell indicated Page 72 that it varies depending on whether the owner tears it down. Mr. Mitchell stated that CDBG is the only funding available for demolitions. Mr. Touraine asked why liens aren't placed on all properties. Ms. Ross stated that low and moderate- income persons have the opportunity to fill oM an application and receive the service for free. She noted that most often this would entail the demolition of a shed or some other structure near the house. Members discussed whether liens should be placed on all properties. Ms. Ross indicated that if the committee felt strongly about placing liens on all properties, staff could look at changing the program guidelines. Members coMinued to discuss the issue. Illegal Dumping Project Mike Sweet, EnvironmeMal Crimes Officer iMroduced himself. He explained the request for $20,000. He said there is no budget for cleanups. Solid Waste is a "fee for service" operation and there are no tax dollars in the budget that might allow for this type of cleanup. He noted that the Environmental Crimes Unit often has to clean these sites themselves. The dumping sites include hazardous waste and this is a health hazard for the individuals cleaning up the site. Officer Sweet noted that they are seeing more appliances like refrigerators because it costs $50 to evacuate the refrigerant in the appliance and many people can't or don't want to pay that. He pointed out several sites in the community and the public hazards that are created, including water pollMion. Officer Sweet said there would no longer be a hazardous waste collection by Keep Denton Beautiful and this will also cause more dumping of hazardous waste. He also discussed previous funding received from the North CeMral Texas Council of GovemmeMs. He noted that no more enforcemeM funding would probably be forthcoming. Mr. Touraine asked if they are charged for taking stuff to the landfill. Officer Sweet said that if he's doing an enforcemeM action that he is not charged bM if there is no enforcemeM case, they will be charged. Ms. Colonna stated that she felt most taxpayers assumed that Solid Waste would handle this situation. She commeMed that Officer Sweet should not have to beg for funding from these activities and continue to worry about where it would come from in the future. Ms. Colonna spoke about a recent train trip and her concern about the amount of trash throughout the country. Officer Sweet stated that he felt most people were not aware that Solid Waste did not handle these dumping sites. Ms. Colonna asked if Keep DeMon Beautiful could not help. Officer Sweet said they KDB does help and reviewed some of their programs bM he noted there are some things that can't be done by voluMeers or community service workers. Mr. Dickenson asked if $20,000 would really complete cleanups on all these sites. Officer Sweet indicated that he felt this would last one year. He also received funding for and education program. Spanish/English no dumping signs will be up in trouble spots. Officer Sweet is also doing some spots on cable. Ms. Ross asked if fines go iMo the enforcemeM fund. Officer Sweet indicated that they all go to the general fund. Ms. Ross stated that the committee was just discussing paymeM of demolition liens and how those come back iMo the program. She asked if this is something that could be requested for enforcemeM fines. Officer Sweet said they have asked in the past and were told no. Ms. Fox asked if they could ask for restitution. Officer Sweet said that they had not considered that. Page 73 Members continued to discuss problems with illegal dumping in the community. Officer Sweet said that he would take any funding that was available. Mr. Bell asked about tracing the garbage back to the offender. Officer Sweet discussed how they track down those who dump illegally. Mr. Taylor asked if the City should develop a program where people could dump without charge. Officer Sweet said they'd asked but it all comes down to money. He said Solid Waste doesn't have the funds to provide this. Graffiti/Bligh t A batem en t Officer Rachel Fleming introduced herself. She discussed the application for graffiti abatement. She noted that the number of graffiti incidents has increased dramatically during the current calendar year. Officer Fleming noted that most of the graffiti was occurring in low/mod areas. She stated that they have developed a database and are attempting to track the names on the graffiti and prosecute if they can find those responsible. Officer Fleming explained the "broken windows theory" to the committee. In the proposal they are asking for personnel and equipment expenditures. Personnel funds would go to pay ½ of Officer Fleming's salary. Officer Fleming discussed the various situations in which graffiti occurs. She noted that they are beginning to strictly enforce the "volatile chemical sales law" that prohibits selling spray paint to anyone under 18. She noted that there are several businesses that are not in compliance with this State law. Ms. Stinnett asked if most graffiti is gang-related. Officer Fleming stated that usually it is not related to gang activity. Most offenders are "taggers." Members discussed the graffiti in the Fry Street area. The Owsley neighborhood and other areas were noted as high graffiti areas. Ms. Colonna commented that some communities have solved this problem by giving young people an art space. She noted specifically the corner at McKenna Park. Officer Fleming stated that she has talked to a high school teacher that is interested in working on a project like that. She added, however, that when this is done on private property it is a crime. Mr. Touraine asked if Fry Street was a low/mod area. Ms. Ross indicated that it was. Ms. Stinnett asked if they worked with the Fry Street group. Officer Fleming stated that they have not. PC Donations Jenequa Evans-Eldridge introduced herself. She stated that PC Donations is a not-for-profit offering community access to personal computers. Ms. Eldridge stated that the organization needs funds to acquire property and build a facility. A contractor out of Aubrey has provided a bid for construction of a building on property currently owned by Mr. Ray Black. Mr. Touraine asked if anyone was currently in the housing unit. Ms. Eldridge said no. Mr. Touraine asked if they would renovate the house now and tear it down later. Ms. Eldridge said the building would be used to launch the summer program. Some people have looked at the house and they believe that they can do the first session there. Six people would go through the training process and get their PC's. Page 74 Mr. Touraine asked for an explanation of the program's mission. Ms. Eldridge stated that the mission is to bring PC's to low-income households. She added that in the near future, they would like to add employment assistance. She has contacted the Texas Workforce Commission and discussed this. She noted that PC Donations has their curriculum in place for the six-week program. Ms. Fox asked if this program was a duplication of existing services. Ms. Eldridge stated that she wasn't aware until recently that the City Library was implementing a computer program. She stated that they could possible work with this program. Ms Ferstl asked for some clarification on their application as to whether they were asking for funds for land or for a building. Ms. Eldridge said they were asking for funds for both. Ms. Fox asked how many people would be served pointing out that the application said 25,000. Ms. Eldridge explained that was the "potential" number of low/mod persons who could be assisted. She said they would assist six in each youth session and 12 in the adult sessions. Ms. Ross asked if the building that was rehabilitated would later be demolished? Ms. Eldridge indicated that they planned to use it for other purposes. Ms. Fox asked if they had a board. Ms. Eldridge stated that they did not yet have a local board but were working on it. They do have an organizational board with members from Mississippi and Washington DC. She indicated that they should soon have non-profit status in the State of Texas. Mr. Touraine then asked if it is correct that after six weeks of training, the individual is given a personal computer. Ms. Eldridge stated that this was correct, that each individual receives a donated computer. Mr. Bell asked if they were qualified for a job after finishing the course. Ms. Eldridge indicated that it was a basic course and that they will work on an employment program sometime in the future. Members agreed to have their final meeting to develop recommendations on March 11, 2003. The meeting was adjourned. Page 75 Unofficial Minutes Community Development Advisory Committee March 11, 2003 at 3:00 p.m. Economic Development Conference Room Members Present: Members Absent: Staff Present: Pat Colonna, Sondra Ferstl, Hank Dickenson, Edward Touraine, Will Taylor, Peggy Fox, Harry Bell, Sue Thomson and Barbara Stinnett. None Barbara Ross and Luisa Rodriguez-Garcia Ed Touraine called the meeting to order at 3:03 p.m. Ed Touraine asked for corrections on the minutes for February 5th, February 11th and March 4th' Harry Bell asked for a correction on the minutes for March 4th. The committee requested no other corrections. Sondra Ferstl made a motion to approve the minutes for the February 5th, February 11th and March 4th with one correction. Hank Dickenson seconded the motion. The minutes were approved unanimously. Luisa Rodriguez-Garcia provided the committee the results of the committee's ranking of the applications. She stated that the results were sorted from the highest to the lowest committee priorities. Members discussed their project/program rankings and agreed to use the results to help them make their funding recommendations. The committee agreed to start from the top priorities and work their way down until funds were exhausted. The following are the ranking results with "5" being the highest priority and "1" not being a priority: Homebuyer Assistance Program 4.89 Illegal Dumping Project 4.78 Home Improvement Program 4.67 DCCDN Improvements 4.00 Demolition Program 3.89 Prairie St. Sidewalk 3.78 Graffiti/Blight Abatement 3.78 Nevada Court Project 3.67 Minor Repair Program 3.44 Paisley St. Sidewalk 3.44 Misc. CDBG Sidewalks 3.33 Fannin St. Repaving 3.22 Paisley St. Repaving 3.22 Duncan St. Repaving 3.11 Day Laborer's Pavilion 3.00 Alice, Coit, Cordell & Emery Repave 3.00 Wilson St. Repaving 2.78 Wilson St. Speed Humps 2.67 Peak St. Speed Humps 2.67 Industrial St. Rebuild 2.33 P.C. Building Project 2.00 The committee decided to allocate the HOME funding first. The committee agreed to fund the Homebuyer Assistance Program for $136,535. Luisa Rodriguez- Garcia stated that the Homebuyer Assistance application requested a minimum of $39,000 for administration expenses from CDBG and the balance from either CDBG or HOME. Page 76 The committee agreed to fund fully fund the Home Improvemem Program for $257,568. Luisa Rodriguez-Garcia stated that the Home Improvement Program application requested a minimum of $99,765 for administration expenses from CDBG and the balance from either CDBG or HOME. The committee discussed the Nevada Court Application, the next eligible HOME application. Luisa Rodriguez-Garcia mentioned to the committee that 15% of the HOME grant is required to be set-aside for a qualified Community Housing Developmem Organization. The Nevada Court Application is the only application from a certified CHDO. The committee agreed to fully fund the Nevada Court Project for $156,000. Ms. Rodriguez-Garcia reviewed the HOME funding recommendations thus far. If the Homebuyer Assistance Program, Home Improvemem Program and the Nevada Court Project are fully funded the HOME gram balance is $178,942. The committee agreed to consider the In-fill New Construction Application since a balance of HOME funds remained. Barbara Ross provided a brief explanation of the Infill New Construction Application. The program uses vacam lots that are either purchased or owned by the City and builds an affordable home for a first-time homebuyer. Peggy Fox mentioned that this was the type of program that the Southeast Neighborhood wanted to see more of. The committee agreed to provide the remaining funds of $178,942 to the In-fill New Construction Program. The committee discussed funding the Illegal Dumping application with CDBG funds. Ms. Rodriguez- Garcia stated that according to HUD officials that this project would be eligible for CDBG funds if environmemal comaminams were being removed from sites within the city of Demon. She also stated that according to Officer Mike Sweet about 95% of the sites would meet that requirement. The committee agreed to fully fund the Illegal Dumping Program. Pat Colonna asked the committee if it was possible to attach a rider to the City Council recommendations stating that the committee feels that the Illegal Dumping is a concern and should be considered under the Solid Waste budget. The committee agreed to include their concerns in the presemation to the City Council. The committee discussed the Demon City Council Day School Improvemem application and agreed to fund the project fully based on estimates provided during their funding presemation of $61,344. The committee discussed the Demolition Program. According to Barbara Ross, the currem balance for the Demolition Program is $53,000. Peggy Fox indicated that she felt uncomfortable with the application because particular sites were not identified. The committee agreed to fund the Demolition Program for $15,000 since residual funds could be used this year and next. The committee discussed the Prairie Street Sidewalk project from Bradshaw to Locust. The committee asked about the percentage of low and moderate income households in this area. Luisa Rodriguez-Garcia responded that the low and moderate-income percemage was 78.2%. Ms. Colonna stated that sidewalks in Southeast Denton were a need mentioned at the public hearing. Barbara Ross memioned that this project would allow citizens to access the dowmown area. The committee agreed to fully fund the Prairie St. Sidewalk Project for $94,073. Ms. Ross reported to the committee that many communities request special CDBG Economic Development Initiative money in a set-aside. Page 77 The City of Denton has submitted an application for funding that would entail bringing people in from TWU and the lower income community around downtown into the downtown area. The application includes possible CDBG funds that would support the $1 million application. The Prairie Street Sidewalk project would support this application. The committee discussed the Graffiti/Blight Abatement application. Ms. Luisa Rodriguez-Garcia stated that according to HUD officials this project would be eligible for CDBG funds if it was designed to assist business in low and moderate-income areas. She also stated that according to Officer Rachel Fleming the majority of the graffiti is occurring on business in low-income areas. The committee discussed the use of CDBG funds for graffiti removal on businesses that were located in a residential area versus business located in a commercial area. Pat Colonna stated that she would prefer assisting homeowners or business in residential area. Hank Dickenson mentioned that many business in the Fry Street area which is considered to be in a low and moderate income area are affected by graffiti on a regular basis and should not be required to absorb the costs every time and that assistance should be made available. The committee agreed to fund the Graffiti Abatement Program for $5,000 and only for supplies. The committee discussed the Minor Repair Program. Mr. Bell asked about specific repairs that are funded under the program. Barbara Ross responded that typical projects include roof leaks, hot water heaters and floors that are falling in. The committee agreed that the program was a need in the community and recommended full funding of $40,000. Ms. Rodriguez-Garcia provided the committee with an updated CDBG balance of 343,131. The committee discussed the Paisley Street Sidewalk project and mentioned that the percentage of low and moderate-income persons was 54.8%. Barbara Ross stated that the percent was based on the 1990 census information and she believed the percentage is higher in the 2000 census. Ed Touraine stated that according to the application a total of 187 households would benefit. The committee agreed to fully fund the Paisley Street Sidewalk at $72,998. The committee discussed the Miscellaneous Sidewalk project that include $23,158 for Bradshaw from Prairie to Wilson, $60,000 on Crawford from Sycamore to Hickory Street and $160,124 for Kerley from Duncan to Shady Oaks. Mr. Touraine indicated to the committee that the other side of Duncan has a sidewalk. The committee agreed to postpone their decision until later in the meeting. The next ranked project was Fannin Street Repave project. Sondra Ferstl recommended fully funding the project because the project was the Engineering Department's second priority. The committee agreed to fully fund the Fannin Street Repave Project for $28,788 The next project the committee discussed was the Paisley Street Repaving. The committee agreed to postpone their decision until later in the meeting. The Duncan Street Repaving Project was discussed next. Mr. Touraine stated that this application is phase two of a previously CDBG funded project to repave the rest of Duncan Street. Ms. Ferstl stated that according to the application the percentage of low and moderate-income household was 78.6%, which was high. She also stated that the project was listed high in the Engineering Department's Page 78 priority list and a total of 233 households would benefit from the project. The Committee agreed to fully fund the Duncan Street Repave at $110,489. Barbara Stinnett asked the committee their thoughts on the Wilson and Peak Street speed humps. Sondra Ferstl stated that she was not in favor of speed humps any where within the city. The committee agreed not to fund the PC Building Project since it was the lowest ranked application. Mr. Dickerson stated that it was a good project, but the agency was not ready to take on a major project like this, it was a new agency that did not have a state certificate yet. Pat Colonna stated that she was concerned that funding would be able for the Day Laborer's Project. She stated that the project was an important need, especially the water foundation, but was also concerned with the pointed fence because of safety reasons. Sondra Ferstl was in favor of funding the project for only $10,000 for the water fountain and the fence but not paving stones. Hank Dickerson agreed. Ed Touraine stated that pouring concrete instead of the paving stones would be less expensive. Mr. Dickerson pointed out that the project had already been approved for matching funds of $10,000 from the Neighborhood Empowerment Program. The committee agreed to fund the Day Laborer's Project for $10,000 for the water foundation and the fencing. Ed Touraine did want the City Manager's Office to reconsider the size of the fence to 5 feet instead of 4 feet. The committee discussed the Alice, Coit, Cordell and Emery Repaving Project. The committee agreed that the project was too large and expensive for CDBG funds. Mr. Touraine indicated to the committee that of the four streets, Alice Street was in the worst condition and was a major thoroughfare and covers all the area. Ms. Colonna suggested waiting until next year to reconsider the project because of the cost and funding availability this year. The committee agreed not to fund the Alice, Coit, Cordell and Emery Repaving Project. The next project the committee discussed was the Wilson Street Repave Project. Ms. Stinnett stated that if the repave project is approved it would be beneficial to also approve the speed humps so that both projects could be completed together. Mr. Taylor stated that Wilson Street by the Recreation Center was not in bad condition. Peggy Fox and Harry Bell both agreed. The committee agreed not to fund the Wilson Street Repaving Project. Ms. Luisa Rodriguez-Garcia provided the committee with an updated CDBG balance of $120,000. The committee discussed the Wilson and Peak Street Speed Humps. Barbara Stinnett stated that she felt that speed humps were very important to the safety of kids especially on Wilson Street, which is a long narrow road that has a park. The majority of the committee voted not to fund the either of the speed hump projects. The committee discussed the Paisley Street Repaving Project that had been previously tabled. Hank Dickerson suggested not funding the project this year because and reconsidering next year once the 2000 census information was available. He also stated that this project was low on the Engineering priority list. Page 79 The committee revisited the Miscellaneous Sidewalk Project For $243,282. The project consists of $23,158 For Bradshaw from Prairie to Wilson, $60,000 on CrawFord from Sycamore to Hickory Street and $160,124 For Kerley from Duncan to Shady Oaks. Mr. Touraine recommended funding sidewalks on Bradshaw and CrawFord Street, since funding was not available to complete Kerley Street. The committee discussed the Industrial Street Rebuild Project. Peggy Fox stated that according to the application, only one household would benefit from the project. Ed Touraine also brought up the same poim. The committee agreed not to fund the project. Ms. Rodriguez-Garcia provided the committee with an updated CDBG balance of $37,698. Mr. Touraine suggested funding the In-fill New Construction Program with the remaining CDBG funds of $37,698, which would provide a total of $216,640 For the In-fill New Construction Program. Ms. Fox agreed and stated that new construction of affordable homes was a great need in Denton. The committee discussed providing additional funding to the Day Laborer's Site or the Demolition Program. The majority oFthe committee voted not to provide additional funding to the Day Laborer's Project. The committee agreed to increase the funding oFthe In-fill New Construction Program to $216,640. Ms. Rodriguez-Garcia reviewed the recommendations as Follows: Demolition Homebuyer Assistance Home Improvement Minor Repair Program Day Laborer's Pavilion Industrial Rebuild Fannin Repaving Paisley Sidewalk Prairie Sidewalk Wilson Repave Duncan Repave Alice, Coit, Cordell & Emery Repave Bradshaw and CrawFord Sidewalks Paisley Repave Wilson Speed Humps Peak Speed Humps Demon City County School Nevada Court Project P.C. Building Project Graffiti Abatement Illegal Dumping Infill New Construction $15,000 $136,535 $257,568 $40,000 $10,000 $0 $28,788 $72,998 $94,073 $0 $110,489 $0 $83,158 $0 $0 $0 $61,344 $156,000 $0 $5,000 $20,000 $156,000 Ms. Colonna stated that she would like to see sidewalks around the Civic Cemer Park. Ms. Ross stated that part oFthe CDBG Economic Development Initiative money would include Civic Center Park sidewalks from TWU. Ms. Colonna was excited about the news. Page 80 Peggy Fox stated that she was surprised that Fairhaven did not apply for funding like they had in the past. Ms. Ross brought up the Tenant Based Rental Assistance Program and stated that the program had been funded in the past and Fairhaven was the organization that managed the program. According to Ms. Ross, the City of Denton was concerned because most of the participants were Fairhaven residems and the program was supposed to serve any elderly or disabled person regardless of where they live. The City of Demon is now managing the program. She also stated that this program was very time consuming so they are working to try to slowly do away with the program and looking to DHA to do Tenant Based Rental Assistance. Mr. Taylor made a motion to approve the recommendations for use of CDBG and HOME funds to be presemed to City Council. Ms. Ferstl seconded the motion. CDAC members unanimously approved the recommendations. Ms. Rodriguez-Garcia stated she would comact the members to inform them of the dates for City Council review and approval. The meeting was adjourned. Page 81 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING JANUARY 29, 2003 Members PreseM: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Lovie Price, Betty Tomboulian, Jodi Vicars-Nance Members Absent without Notification: Teri Rheault, Carl Williams Staff PreseM: Wendy Nails, Human Services Coordinator; Barbara Ross, Community DevelopmeM Administrator. Wendy Nalls, human services coordinator, began the meeting at 6:10 pm. Ms. Nalls reviewed the information gathered at the public hearings. She noted that Ms. Price attended the public hearing and thanked her for her participation. Members discussed eligible target areas. Ms. Ross explained that any low-income person could be assisted regardless of where they lived. She also noted that most of the older areas of the City are targeted as low and moderate-income areas. Ms. Nalls updated the committee on the activities of the DeMon County Homeless Coalition (DCHC) and the City's involvement in the Coalition. She noted that Denton County MHMR was recently awarded almost $800,000 in funding for supportive housing. The next CoMinuum of Care application will request funding for HOPE, Inc and HelpNET. Peggy Kelly asked ifLewisville ever asked for funding. Ms. Nalls indicated that they have not yet bM would probably do so in the future. Ms. Nalls also stated that the City of Denton was reapplying for Emergency Shelter Grant funds and that HOPE, Inc., Friends of the Family, HelpNET and the Salvation Army would participate in the ESG application. Bettye Myers stated that she was aware that homeless individuals were being released from an institution in Wichita Falls and sent to this area. Dr. Myers noted that the Salvation Army provides services to these individuals. Ms. Nalls meMioned that the County does not have a homeless youth shelter and that this is something the DCHC is interested in addressing. Ms. Ross commented that the staff from the cities of Lewisville and DeMon, specifically Jamie Kirby, Dan Leal and Wendy Nalls, and the local agency personnel had really made the Coalition a success. She noted that they were bringing increased funding iMo DeMon. Ms. Kelly and other committee members commended the work of the DCHC. Dr. Myers commeMed that AIDS Services was oM of funding. Ms. Nalls pointed out that many agencies have funding that is targeted strictly to specific activities. Carol Bounds asked if it was true that agencies have almost no unrestricted funds. Ms. Ross stated that this was true that even City of Denton funds are targeted for programmatic rather than administrative costs. Ms. Nails opened the floor for nominations for the Chair and Vice Chair. Peggy Kelly nominated James McDade as committee chair. Lovie Price and Bettye Myers seconded the motion. Mr. McDade was unanimously elected. Betty Myers nominated Betty Tomboulian as vice chair, James McDade seconded the motion. Betty Tomboulian was unanimously elected. Members began to discuss the hearing process, whether to have personnel from the organizations appear before the committee and how the scoring process should work. Page 82 Carol Bounds indicated that she felt the hearings were not that helpful. Some members indicated that they felt the agency visits were more helpful. Ms. Bounds also mentioned that looking at the salary structure of each agency was helpful. Members agreed that they would contact Ms. Nalls if they wanted to visit an agency. Members agreed to hold the hearings and give each agency ten minutes. They would ask the agency personnel to answer three questions during their presentation and leave seven minutes for questions. Any members with substantive questions regarding the application should forward that to Ms. Nalls. Members discussed how to handle the late application submitted by Friends of the Family. They agreed to handle it individually as they score each application. It was also agreed that the members would use the same scoring sheet as last year. However, they would add information stating that the funding level should be low, medium or high. Also, members would answer whether they would recommend or not recommend the agency for funding. The meeting was adjourned. Page 83 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 6, 2003 Members Presem: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Betty Tomboulian, Jodi Vicars-Nance, Teri Rheault Members Absent without Notification: Lovie Price Staff Presem: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Developmem Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00 PM. Mr. McDade stated the minutes from the January 29, 2003 minutes would be approved during a break. Peggy Kelly suggested postponing approval of the January 29, 2003 minutes and subsequem minutes for agency hearing meetings until a later meeting. Mr. McDade agreed to the suggestion of postponing the approval of the minutes. Ms. Kelly made a motion to postpone the approval of minutes. The motion to postpone the approval of the minutes was approved by a voice vote. At this time, agency hearings for 2003-2004 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. COMMUNITY IN SCHOOLS What difference will community in schools (CIS) make in the community? - The drop out problem is not just a school problem but a community problem. Parems, neighbors, health care providers, business leaders, social workers, counselors, memors, studems and volumeers are all involved in helping children stay in school. CIS brings resources, volumeers, and service providers imo schools and transcends into one coordinated team. We have a proven track record of success in 2001- 2002, 99.9 % of our case managed studems stayed in school, 87% of our case managed studems promoted to the next grade level or graduated, 86% of our case managed studems improved in academic situations and behavior. What would happen if we did not receive human services funding? - At Calhoun middle school in 2003, 56% of the studem population is economically disadvamaged, 50% of the studem population is at risk for dropping out of school, 50% of the studem population is Hispanic or African-American and those stats come from Mr. Simms the principal. Principal Simms and his staff are anxious to have this program on the campus. His students promote to Denton High School, which has a very successful program in place. Without your generous support services to Calhoun Middle School would be delayed umil alternative sources of funding could be secured. How do youplan to use the funding? - Along with funding from the University of Texas gram that they are writing and Demon lSD, City of Demon Human Services funding will provide support for a Page 84 case load of what is a 100 students on the middle school campus and provide services to 1300 students, family, and community members. We are going to provide education enhancement services, health and human services, parental involvement services, counseling, and supportive values services, pre-employment and employment services and enrichment services. Explain about the additional 1200 siblings, parent's and other students served b_v case managers. What are the additional services ? - Elinor Hughes A description of the additional services offered by Communities in Schools (CIS) is outlined in the six-component activity handout given to the HSAC at the beginning of the presentation. These six components will be incorporated into the school. We work with the school top administrators and teachers to find out what services they actually need. From the plan that will be developed, the six components will be implemented and these are some of the activities that we provide. What is d~[ferent that the City Park's and Recreation After school Program? - Bettye Myers CIS tries not to duplicate services and works with existing services. In the past, there has been a problem with transportation for the Calhoun students to the Parks and Recreation after school programs. The Parks and recreation program has there after school programs at many different locations. If a parks and Recreation after school program comes to Calhoun, CIS will definitely work with the program. The benefit is that we are on campus and can refer to programs. Are children with disabilities barred from the program? - Teri Rheault No, children with disabilities are not barred from participation in the program. It is an At-risk program offered to every student. Ethnicity of the Stqff was missing from the application. - Barbara Ross A copy of the staff ethnicity will be provided to the committee, it was prepared and its absence is an oversight. How will the program work with Summer School? - Bettye M~;ers A staff member will be located at the summer school campus to provide support services to the Calhoun students. In addition, the program will pay for 75% of the summer school tuition. Do you see a need for Diversi_tv on your board? - Jean Hinojosa Absolutely, the board's lack of diversity has been noted and is being addressed. The objective is to have board members with diverse cultural, economic, and business backgrounds. Anthony Simms an African American male has been approached to join the board. He is going through the nomination process. How will the Cit_v qf Denton funds be expended? - Elinor Hughes The other funding sources for the organization are flexible and the budget for next year is not finalized. At this time, the City of Denton funds would be used for program campus staff salaries depending on how the other funding sources are allocated. Does the Campus Manager provide direct services- Elinor Hughes Yes Page 85 How many Bilingual stqff do you have and where are they located? - Jean Hinojosa There are three bilingual staff members located across the various campuses. The Calhoun Principal requested a bilingual staff person at the school. How do you define low-income for the 98% of the program candidates that are classified as low- income? - Barbara Ross The program has clear definitions from the state on what low-income is. CIS starts by looking at children of households that qualify for TANF and reduced or free school lunches as low-income students. Children from other households not receiving these services may be included in the program. Why does the DISD only contribute $10,000 to the program? -Elinor Hughes The original amount requested from the DISD was $10,000 and the agency has not requested increased amount in the past. They are considering asking for an addition $2,000 dependent on the financial and political climate of the DISD. They would like to receive more grants, endowments and business donations as funding sources, since school districts are strapped for funds. END OF COMMUNITIES IN SCHOOLS Mr. McDade asked the committee if there should be an introduction period. The committee decided not to have introductions. AIDS SERVICES OF NORTH TEXAS I brought a couple of things. Both things have to do with our ask for our food money. The thing that we brought for everybody is the community support letter that we sent out and then there are some booklets that just have pictures of our nutrition center. This is Barrett Bridges and she is the nutrition coordinator at Aids Services, I am the director of the medical clinic and over the nutrition center. So, I have your questions but since we actually asked for two sets of money I am going to talk really fast so that you can ask all of the questions that you need to ask me. I want to talk first about our food program. I want to thank you because in the past you have funded us and this year we found that it has helped us more than ever and I will explain why. The difference that our food program makes in the community is that at this point we serve about 75 members of our community. We have looked around to see if they could receive food services elsewhere, but as far as the funding for HIV/AIDS they can only access one HIV/AIDS food pantry program. But we have found out about a couple of programs in Denton that they can access on an emergency basis but only up to four times a year. They have to show proof of the emergency. We are researching other places they could go. The difference the program makes is we really are feeding and providing almost all of the food for 75 people. What would happen if we didn't receive your funding? We get federal funding for food. Last year we received $72,000 and we have five counties and three nutrition centers. We just got our new funding announcement and it has been cut to $54,000. We were serving a 140 people in all three sites. We only count on the Federal funding since you have it in hand, we will have to cut down to 50 people. That is all we will be able to serve in all three sites that probably means that we will go from 70 and Page 86 80 in Denton to about 20. Now you can only imagine having to look at 90 people out of 140 people and think now which 90 are you going to cut. I'll go ahead and answer how we are going to use the funding. We are only going to buy food. One of the things I want to tell you that we have been very, very busy because we thought that we might receive flat funding. We have been working with Boeing in Corinth for money and food. Miller Lite is going to do food drives; Denton Bible church is going to work at the food bank for us and get credit for us to buy food. We talked to TWU, UNT, Cappuccino cafe, and the mall. We are really busy and are not expecting you to take up the slack we are looking everywhere. The protein needs for an HIV/AIDS person is one and half time the needs ora normal person. If they don't receive that much protein to keep their muscle mass at a certain level their medication will not be effective. Where we were last year and when we came and ask for money was to come and boost the food levels and it did. Now we are back to trying to stretch it. We are looking a several options including cutting down the number of shops that they get. We were given hygiene items; we cut them out entirely until we see were our money is going. We did keep toilet paper, toothpaste and soap. The application was missing audit on letterhead and the personnel budget and budget narratives were not complete. Why was the budget for special events and donations decreased? - Peggy_ Kell_v The funding for Volunteer Services was cut requiring the agency to eliminate the volunteer coordinator position. In addition this reduced the special events and donations amounts. Did United way deny funding? - Peggy_ Kelly The funds from the United Way of Collin County are yet to be received; therefore, they were not included. There was no composition of clientele? - Carol Bounds The composition of clientele was provided earlier in the day. Was the stqff listed for the entire organization or just for the program ? Carol Bounds The Staffwas listed for the entire organization and serves and area of 400 sq miles. Did the number of Denton clients increase or decrease? - Bettye Meyers The number increased by about 26% Were they AIDS or HIV clients ? - Bet_~e Meyers Both, most were symptomatic AIDS clients. We had 6 new intakes in January with 3 women between the ages of 50 and 60. CASA What diffkrence does ourprogram make in our community? This is the one that I really want to share the most with you because it does apply to CASA. It is hard to show how this applies to CASA since we work with children and it may take years for the results to show. In my opinion, in our community CASA has become the glue that holds those children's lives in place while they are in foster care. We are doing the things that PRS does not have the money to pay someone to do. We contact the Page 87 caseworker to make sure that all of the child's needs are met. We keep the court informed of what is going on with the child. We try and make sure that what is going on in the lives of those kids is good and positive. What would happen if we didn't have human services funding? In a nutshell, this year we would have to cut something, this is the first year that we were in the black. We are getting cuts from everywhere except from some federal funds and Texas CASA that will have flat funding. We are really striving to find other funding sources. How do we plan to use that funding? Just as in the past we plan to use the funding to pay a portion of the executive director's salary. I am really proud that our program was recognized for several awards this year. The board of directors, stq[[~ and volunteers do not represent a diverse group of people. Is the client base a diverse population ? - Peggy_ Kelly The client base is 80% white but the organization recruiting minority candidates to be board members. How long do you follow a child? - Bettye Meyers Once the case is closed, the court no longer requires follow-up. The agency is reviewing the possibility of extended follow-up and children re-entering the system. There was a large increase in other anticipated grants. - Peggy_ Kelly Yes, an additional staff member may provide the executive director with additional time to apply for other grants. Already have $21,000 in funding secured of the $61,000 anticipated new grant funds. COMMUNITY FOOD CENTER The center has been operation since 1974 and has been doing a good job. Last year there were 4, 987 families that came by for help a lot of those were repeat families. We don't know the actual number until we get our computer working. We gave away 2,508 pounds of food. We are the conduit for the institutions, schools, groups, clubs giving the food; we make it possible for the people to get the food. We need this money to pay for the utility bills, that is what we ask for each year. If you didn't give us the money we would pay for the bills but it would be that much less food that could go to individuals. We spend less than 10% each year for operations costs, everything else goes to buying groceries. We have a mix of donations and buying groceries depending on what we receive. The amount of donated food goes up and down in cycles. We augment the donated food by buying groceries. Number Cf agencies give out food has the board considered combining with other food pantries? - Peggy_ Kelly The board has never considered combining resources because it has never come-up and they have never felt like they were missing people. They do work with Our Daily Bread by giving them large donated items tat can't be given away to individual families. In the past they have also worked with the Denton State School and the Salvation Army. Do you use HelpNET to track your clients? - Peggy_ Kelly Page 88 No, a graduate class at the University of North Texas created a database tracking system. It is the same type of agreemem used with the TWU for the Audit. Do you share utilities with Interfaith? - Bettye Meyers No, there is separate gas and electricity. Not sure who pays for the water. CUMBERLAND PRESBYTERIAN CHILDREN'S HOME We were able last year to receive funding from the generosity of some of the city council members. This funding allowed us to attract other funding because we were working with the city of DeNon. We did find funds to hire a social worker for this program, who is an African-American single working mother. We have created an office for her in the house with two of the mothers. We have another duplex next door; we have four families with eight children. We have five families in aftercare with a total of nine children. We are seeing success the mothers that left the program we have four of them working and one in an internship program which should lead to a job. They are all in housing that they are able to support; some of them are in section 8 housing. We feel that there are some very good outcomes from this program. Of the four that are curremly in the program 2 have jobs and the 2 newest mothers are looking for employmem. We have made a difference in the nine lives that have emered the program. In addition you will see that we talked about serving 75 cliems this year total by providing referral and other services to cliems outside of the ones on our campus. How long do the clients stay? - Bettye Myers The program designed for clients to stay up to 12 months but some parents leave early due to completing goals early. Can they stay for over 1 year? - Bettye Meyers Yes, they have had one mother who stayed over a year. Do you have homes to expand your services to ? - Elinor Hughes No, the planned expansion is part of a total plan to be executed over the next 10 years were three more homes will be built on the property. Do the City funds go to support the house residents? - Carol Bounds The City funds go to support the social worker that works with all cliems but mainly with in-house clients. The number of participants is four families plus additional follow-up clients? - Carol Bounds Yes, the total number of cliems is 44 including other cliems from call-ins. At this time there are four currem families and five families in aftercare. How long is qftercare? - Jodi Ficars-Nance Two years Page 89 How much money was received from the city? - Peggy_ Kelly So far $800.00 has been received but the total amount of funding is $2400.00. What is the racial background of the families? - Betty Tomboulian In the current program there is three African-American families and one Caucasian family. In aftercare there is three Caucasian families, one African-American family, and one Hispanic family. Initiall);, I thou,ght that the social worker z, oes be);ond the in care families? - Bett);e Mepers Yes, we are serving others beyond after-care and current clients. Has the number of Denton Board members increased? - Peggy_ Kelly Yes, the number of Denton Board members has increased to five. There is a lack of diversity on the Board. - Teri Rheault The organization is trying to diversify the Board. An African-American was asked but not able to serve on the board this year. In the future Community Advisory Council will be in place and should have a more diverse membership. ASAS The after school program serves about 550 students from 11 elementary schools and 4 middle schools. The middle schools are Crownover, McNath, Strickland and Calhoun. This year we integrated the program for children with disabilities. We are open until 6pm when school is in session, when it is not we offer a program for kid's day off at the civic center as well as spring break and holiday camps. We are requesting money for scholarships for the after school program. Is there still a specific program_for the disabled? - Peggy_ Kelly No, but there are ten disabled children integrated into the general program. How is the integration working? - Peggy_ Kell_v The integration is going well and there is staff on-site with therapeutic experience. Did the integration require hiring more stqfl~[? - Peggy_ Kelly Yes, one additional staff member was hired. Were the families happ_v with the integration? - Peggy_ Kelly The new families are happy with the integrated program. The old families were not happy with the integration since the ratio of staff to child has changed from 1 to 1 to 1 to 4. The integrated program offers more stimulation. Was the program change for money savings or for program benefit? - Peggy_ Kelly Both, the State requires a mixed population in order to fund the program. Wanted to expand the program to more children and save money. Do you ask for Park Funds_for the program ? - Barbara Ross Page 90 Yes, the program raises about $6,000 a year towards therapeutic care towards the summer camp. The two events they work on are specifically for therapeutic scholarships. How much is after school care? - Bettye Meyers It is about $100 a month or $1,000 a school year. The income sheet shows current agenc_v budget?om $2900 to $1700. - Elinor Hughes It is not a revised budget. It's an actual budget that shows how much was appropriated verses how much was requested. Why is the program not in the Parks budget? - Bettye Meyer It is a self-supporting program. It does not receive any city funds. The program has worked with UNT to apply for other grants. At this time the program is not competitive with other programs in the area for receiving other funding. The number of minority students is small is this because qflack qfifunds or knowledge? - Jean Hinojosa They are not sure; currently the program gets referrals from counselors and school administrators. The information is also provided in take home packages and there are a limited number of Spanish packages. Is this something you can bring up to the counselors? - Peggy_ Kelly Yes, at the twice-annual meeting with the school representatives. How many volunteers are for special populations? - Bettye Meyers There are about 30 volunteers for the therapeutic children but a staff member most is with them for the special populations. They cannot work alone with the children. There is a UNT prqfessor that has received a grant for working with special population children: a partnership with UNT could be helpful. - Bettye Meyers Yes, there is a current partnership with UNT to provide interns. Are there any programs_for middle school children ? - Bert_ye Tomboulian Yes, The children are bussed to the MLK center and parents pick them up. DENTON CITY COUNTY DAY SCHOOL We have a sliding scale for families since we target low-income families. If we did not receive human services funding? We would not be able to keep the level of staff in length of time or quality of teachers. We use this funding to augment the rate that the teacher's are paid. Our board feels strongly that the childcare workers are teachers and not just paid baby sitters. How does the board reflect the client make-up? - Peggy_ Kelly Page 91 The board has two new African-American members. At this time there are approximately 40 Hispanic students of 62 total students. The remaining 22 students are split between African-American and Caucasian. The Cit_v qfDenton funding says 90%? - Peggy_ Kell_v The funding amount should say 9%. Did not see an audit for the agency. - Peggy_ Kelly A copy of the audit will be provided. How long do board members stay? - dean Hinojosa The original term is for one year. Board members may elect to stay longer after their initial term has ended. The board should be told to actively recruit board members. - Peggy Kelly How long is the waiting list? - dean Hinoiosa 15 people The program is in competition with the Anne Randall School. - Peggy Kelly Do we have the ethnic breakdown o~f the stqffl; - dean Hinoiosa We thought it was provided on the page with the volunteers at the end of the application. Can you provide one? - dames McDade Yes, there are seven Caucasian and three Hispanic staff members. ADULTDAYCARE Our program makes the difference in whether a family has to instutionalize a family member or one family member having to give up a career or education to stay at home and take care of a loved one. It allows individual to stay at home but still have socialization and stimulation outside of the family members. It gives family members and caregivers time to rest and recuperate and to take care of other tasks. How do theyplan to use funding? We receive about two thirds of our funding from the Department of Human Services. The time and pay scale used by the Department of Human Services does not cover the entire cost for providing services to the clients. People wonder why there are no other adult day care in the counties, because it is not a profitable business. Funding will be used to subsidize the payments from the state. Without funding from the City. We will have to stay where we are now and not be able to accept more clients. At this time we have to schedule when clients come in order to have adequate amount of spaces. We are in a house that is not setup for adult care and it does not enough space for the program. Page 92 How many are on the waiting list? - Carol Bounds No official waiting list, but if there is an increased capacity overnight we could have seven to eight additional cliems. Are hot meals provided? - dames McDade Yes, a hot meal is served at a temperature of 160 degrees. It is the same food served at assisted living and Good Samaritan. Have you tried to use the meal service at SPAN? - dames McDade Did look imo receiving meals from SPAN but they were not able to provide all of the specialized diet requirements. What is the proportion of young clients to older clients? - Peggy_ Kelly There are five in there twenties, one in the thirties and representatives of every decade up to the nineties. It is about a 50/50 split between the over and under 65 cliems. There are a large number of Dememia and Alzheimer's cliems. There will be groups according to age and disabilities when space is available. How does Medicaid tie in for Denton residents? How manY for the City of Denton? - Bettye Meyers There are nine cliems for City of DeNon funds. There is one non-Medicaid but financially qualified cliem. They have also applied for funds from the CDBG and United Way funds in the City of Lewisville. Are looking into starting a center in Lewisville. KINGS KIDS What will happen without Human Service&funding? - Teri Rheault They children who receive the scholarships would not be able to attend the program. Why is there a d~fference between the length qf Kings Kids and the Owsley program? Why is there a full summer program rather than a six-week program to serve more children? -Bert_ye Me_vets The idea of having a shorter program to serve more children has never been discussed as an option. One quarter of the head of households in Southeast Denton is under the age of187 - Bert_ye Me_vets No, a quarter of the total population is under the age of eighteen. Do you have a large number of repeat attendees? - Carol Bounds Yes There is a small number of Hispanics. Are the materials provided in Spanish? -dean Hinojosa Yes, materials are available in Spanish and English. The materials are targeted to reach households in Southeast Denton. Do you work with the Housing Authorit_v? - Barbara Ross Yes, They work with the housing authority and the surrounding area elememary schools. The program is offered on a first come first serve basis. Page 93 What happened to the Bo_vs & Girls Club program in the area? - Carol Bounds They had a year round program that will no longer be available. Have you worked with the Ci_tv to find supplemental funds? In the past, request for additional funds have been turned down due to other funding priorities. has not been a recent request for addition City funds to supplement the program. There DEE DEE'S LIL ANGELS There is no 501(C) 3 letter, bylaws, audit or budget narrative. - Peggy_ Kelly Someone was hired to prepare the application. They can provide a 501(c) 3 letter and an audit. Can the day care serve 50 children? The capacity is 50 but currently have 15 clients. There is an additional building that may be rehabilitated for child care/by the end of next week there will be up to 20 clients. What are the ages of the children and the number of stqf~[? - Bettye Me_vers Some of the children are after school care only. There are two volunteers that come and work. What is breakdown for all of the all day school students in comparison to the qfier school only students? - Peggy_ Kelly There are 12 to 14 students who stay all day. Do you have adults in the literacy program? Are the adults only parents of children in the daycare? - Jean Hinojosa This is in the planning stage. ASAP Your Board of directors is all white and every year it is the same way. - Peggy Kelley It was brought to the board's attention on Tuesday that there was no diversity among board members. The pre-approval of an application does not meet the standard. - Peggy Kelley What is the Executive Director's salary say exempt? - Teri Rheault Please provide the salaries of the three positions that say exempt. - Barbara Ross The number of clients served goes from 60 to 0 to 60? - Betty Tomboulian The program staff person was lost as well as program funding therefore it was necessary to start the program again. The group have just starting meeting again within the week. Zero was put down since there had not been any grant funding or group meetings. They are in the ground phase of the program due to the re-organization of the program. They are doing some outreach to the community. They do not turn away clients at the front door and they do referrals. What funding was used to hire the new staff'? - Barbara Ross Page 94 General funds. Has there been a problem with staff retention that is one of the reasons the program did not get funding last year, and why the program needed to be reorganized? - Carol Bounds Yes. SIERRA Are the people released from prison referred to other services? - Elinor Hughes Yes, there is continuity of care in the services. Your three year stay in the position is commendable and probably the reason why the program continues to receive funds? - Peggy Kelly Thank You Is there a 2002 Audit? - Carol Bounds Yes, but it is Fairly new and the Director has just seen the audit. Are the only funds For your program from the City oFDenton? - Carol Bounds Yes, it is the only source of funding For 20 hours oFthe staff position. The other hours are funded by MHMR to provide follow-up case management For the prisoners upon release. Page 95 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 12, 2003 Members Presem: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Betty Tomboulian, Jodi Vicars-Nance, Teri Rheault, Lovie Price Members Absent without Notification: Staff Presem: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Developmem Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00 PM. Mr. McDade stated the minutes of the February 6, 2003 minutes would be approved at the committee meeting. At this time, agency hearings for 2003-2004 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Boys and Girls Club The Boys & Girls Club is an afterschool program-serving children up to age 18. In Demon there are two units with the newest unit being on the north side. This has expanded service to up to 200 kids. What difference does our program make in our community? They program has helped kinds to raise their grades and help them attain skills in leadership, arts, and other programs. The feedback from the community has been that the program is making a difference in the lives of the children. What would happen if we didn't have human services funding? The program did not receive funding last year. This forced them to search for alternative funds and they received some additional grams. They grew from four to six sites. How do we plan to use that funding? They will use the funding to serve children in Demon. Is the large increase in the project and special evems budget realistic? - Peggy Kelly There has been an increase in the number of special events and contributions. I have started writing to proposals to grams and foundations for additional funds. Last year we did receive a gram from the Meadows Foundation. Grams are not usually considered Special Evems or Comributions, usually some kind of Fundraiser? - Peggy Kelly Yes, we had a Harley Rally for the first time in January. This did not do as well as expected but we are going to try it again this year. We have several other events planned through out this year. In the Page 96 past the organization has not had a lot of successful evens. With my experience in the Boys and Girls Club that is part of what I am going to do is to work with the Board on special events. Do you have a debt fund? - Peggy Kelly The club was over $150,000 in debt from the last administration last year. Right now the debt has been reduced to $69,000, in three bank notes, where the previous administration borrowed funds to pay bills rather than special evens or fund raisers. We were in the black all of last year. We have a monthly paymeN plan set up on the bank debt and we are curreN on all of our bills. If more descriptions and explanations are put in the budget narrative than we won't have to ask, just expand your budget narrative next year - Peggy Kelly Okay How do you see your program as differing from the After School Action Site program? - Jean Hinojosa I am not familiar with the programs, I don't know what we would do differeN. It is an after school program at differeN elemeNarv and middle schools as well as a summer school? - Jean Hinojosa I know what makes Boys and Girls Club a lot differeN than some other organizations is that we don't charge a membership fee. We target at-risk disadvaNaged kids. We just have them fill out the registration form. We don't wan to turn any kids away. Like at Owsley, we have kids in that area as well as kids that come from other areas that are around the neighborhood. You have two sites now; will you be bringing kids in from Southeast Denton? - James McDade We are bussing right now in the North area, but I haven't had a request right now from the Southeast area. We will have to work with parks a recreation to get another site in that area. We are taking one day at a time right now. I know that there is a lot of expansion that needs to be done. Where is the North DeNon Site- Jean Hinojosa We started in the DeNon Christian church but have now partnered wit the Salvation Army Church. What happened to the Boys and Girls Club that was in Southeast DeNon? - Lovie Price I started January 2002, what I understand is that past administration messed up a lot of relationships. That was before your time. - Lovie Price How do you plan to spend the $20,000 specifically? - Bettye Meyers We will not only pay staff but we also provide the bus, staff, the programs, and the program supplies at Owsley and at the North site unit. We pay for anything with the buses and fieldtrips. All the componeNs of the programs are run by the Boys & Girls Club. I was curious to see where our $20,000 would go and it seems like it would be in a general pot? - Bettye Meyers Yes, it's in a general unless it is specified that it needs to go to a specific purpose. Page 97 You said that you all pay for the field trips? - Lovie Price Now, Greg Hedges would help us with gas or something, he would drive the bus for us. for everything. But we pay END OF BOYS AND GIRLS CLUB Denton Christian Preschool What difference will our program make? - We help children develop physical, motor, social, and emotional skills. They also emer school with better health because of our nutrition program and our medical and diagnostic screening that we do. The families receive a lot of support in pareming skills and are given referrals to agencies for help with any more specific problems they may have. With this imervemion children are far more likely to cominue their educational experiences with success and graduate from school and enter our communities as contributing citizens What would happen if we didn't receive your funding? We would have to reduce the number of children that we serve. With the city of Demon funding we have started an additional classroom that follows the children. How we are going to use the funding? As in the past we are going to use the monies for salaries for staff for the additional class of twelve students. Do you track the youngster for 3 or 4 years to see how they are doing? - Bettye Meyers We track through High School and that is very rewarding. We had a trust fund set up for us some time ago that allows us to give each child a $100 when they graduate from high school. So if we don't find them, they find us. If the move outside of Denton than we have no idea. But within Denton about 50% of the children we serve are graduating from DeNon High Schools. That is really very good. We have two recent gifts from corporations where a parent had sent their child to the school. I think you all have done such a tremendous job of having diversity on your board? - Jean Hinojosa We have worked very hard at that. We have worked at having diversity on our board, children, and volunteers. We want to represent the community of Denton You talked about supporting parems, I wondered if you work with the family resource cemer? - Elinor Hughes We do referrals back and forth, but we work with quite a few differem agencies. Family resource center provides a lot of counseling which we are not setup to provides ad well as giving out car seats. We refer our parents to that agency that can provide. We work with a lot of different agencies. The agencies in Denton have to work together to make this thing work. Is there a wait list at your school? James McDade Yes, there is. There is probably a list of 100 children or more. I noticed that you have a large increase your contributions and gifts budget, is that realistic? - Peggy Kelley Yes we hope so. What we have been noticing that a lot of the umbrella agencies across the country are down but the ones that seem to be maintaining are the local small private agencies. I think that it Page 98 is from what I have read is that it is a concern who want to give have less to give and they want to see exactly where it is going. I think it is in our benefit to be a small private agency that can show you immediately where your money is. We have just undertaken a new campaign in the city to make our school more aware. We tended to assume that everybody new about, but they don't so we wan to a friend raising this fall that was very successful. We have to expand the circle in order to the school to be around for a long, long time. The long-range planning community has made that a priority. Can you continue to expand at your current facility? - Barbara Ross We are at five classrooms but we can have six classrooms. Since we have three classrooms with the half a day classes. This room is already equipped. We would eventually like to because of the need This is an opinion kind of question; do you every_ see anyone taking on infaNs beside Fred Moore? - Barbara Ross Not for profit, I have been in a lot of groups that have addressed this question because if you need care for an infaN regardless of income try and find it. There have been a lot of people associated with childcare facilities that have addressed this questions so you probably know the costs is amazing with a 1 to 4 staff child-care ratio. The building constrains, the things you need for diaper changing and that kind of thing. You know the success by six plan started by the United Way was an attempt to address this program. END OF INTERVIEW CCA What difference does our program make in our community? The main things DeNon resideNs use at CCA is the health services. I tried to keep the focus on the health services die to past trends. The difference it would make in the community is the access to health services for underinsured and families with no health insurance. What would happen if we didn't have human services funding? We would pretty much mean that it is less people that we would serve. We do have a resale funds that depends on how the sales go. The $5,000 request is not an incredible amouN of money but it is 1% of the assistance. It would be focused just on the DeNon resideNs offering health services. How do weplan to use that funding? Just all of the treatmeN offered in our health services, including our medication assistance program as well as paying for lab tests at the hospital. How many resale stores do you have? - James McDade We have two stores curreNly one in Lewisville on the campus and one in The Colony and the future will be up in this area. We are just getting ready to expand our Lewisville store to 121 and corporate. There are agencies here that provide funds for about the same things that you do, do you coordinate with INerfaith? - Peggy Kelly Yes, we pretty much have a referral basis. Every once in a while we will get some specific funding for Page 99 DeNon residems and will refer excess or get imo programs. When you serve Demon citizens do you report your services to HelpNET, so someone isn't taking advantage of Interfaith and CCA. - Peggy Kelly Yes, I wish I could answer that, but I don't know. How many annual cliems do you serve in health care- Peggy Kelly Yeah DeNon city we had a 180 people in all and 150 use adult health cemer and other services. Do you know if they received services here in DeNon? - Peggy Kelly I am sure that we know as an organization, but I personally don't. Is this a family health cemer or an adult clinic- Elinor Hughes It is adult health care because Pediaplace provides services for children. What hours are you open; tell us a little bit more about what cliemele - Elinor Hughes We curremly have four days of clinic Monday through Thursday with four volumeer doctors. One of which has quite his practice to come here and do a ministry of his own. We have eight volumeer nurses. The hours are differem everyday and they are about three hour clinics. You said non-acute care - Elinor Hughes Treatment of non-acute emergency. A lot of it is education and monitoring chronic health problems to keep people from going to the emergency room every time. Is your board you have fifteen members and just one minority is that reflective of your cliems? - Peggy Kelly There is actually one Hispanic as well as an African American. In addition there are two spaces open on the board for which the organization is recruiting. We are not just looking for one certain race but we are looking for who has the best qualification. What is the cliem background? - Peggy Kelly Yes it is about 47% Hispanic 15% white and 30% black Do you do dental? - Bettye Meyers Yes we have a mobile unit for children that goes to the schools and we have two demal rooms on the campus. Do cliems pay on a sliding scale? - Jean Hinojosa Yes, there is a $10 fee that just goes to help for medications and lab processing. Is the $10 fee, an initial fee or for every time they come in? - Jean Hinojosa Sorry, I don't know that either. Do you get other local funds? - Barbara Ross Yes form foundations and grams as well as from Flower mound and Lewisville. These are all housing funds from other cities not social services. Page 100 Denton County Friends of the Family What difference does our program make in our community? We offer a variety of classes and support services the family in poverty prevemion, health and safety, and new pareming classes. We believe that babies are healthier because parems have prenatal education an they work in our program with lots of differem types of activities, like going to the doctor when you are pregnant, not smoking when you are pregnant, not drinking or using drugs, and buying healthy foods. Our work in the Health Coalitions in DeNon County, we were a founding member of that coalition. That is receiving statewide attention for the work that they have done as a coalition reducing infant mortality rate. What would happen if we didn't have human services funding? In the cover page there is a typo that this funding would support 50% of the salary but it will help to pay for 37% of the salary We improved that position to full -time and the 37% we get from this community enables us to have that full time position that 13verages over 42, 000 dollars worth of volunteer services. If we had to cut that position due to lack of planning. We are submitting for her hours because she is our volumeer coordinator. How do we plan to use that funding? I pretty much have already answered that we would have found additional funds and done everything in our power not to count any. It is important to the agency the city of DeNon stay supportive even in a small was so they can say that the city of DeNon is supportive and our partner in strengthening families. This is not only important to the DFRC but to the City of Denton You have three staff?. - Jean Hinojosa No we have 2.5 staff Of the three staffhow many are bilingual? - Jean Hinojosa None, we are trying to in fact just in the last 30 days I got approval from the board to create a new position for our program 'For Kids Sake" out of the program revenue to create a program administrator. That will be a bilingual hire for certain. You have had bilingual staff before - Barbara Ross We have had bilingual staff in the past. Our past program coordinator was bilingual and was initially hired with funds from the City of DeNon. We had here for ten months but she was able to graduate early from her experience with the DFRC. When she was with us we were serving about 40% of our cliems in workshops that spoke Spanish only. Tell us a little bit about your board and fundraising. - Barbara Meyers Yes, thank you in the last twelve months we have had a complete turn over in our board with the exception of Simone Anderson. Simone has been with us for three years. Our new board has really taken a very strong lead in the area of fundraising. There first meeting of the new board was April 19, 2002 and in four months that had gelled in to a solid body. Simone had an idea of a family athletic Page 101 fundraiser and they put together the family Olympics that netted over $5,000 dollars. That kicked off as a success story and the board thought that they could do this. Right about this time we were approached by a group of volunteers that wanted to open a retail store and had experience in that work. So tomorrow at two o'clock at 218 w. university is the grand opening for family resale that is a resale store. This store sales donated goods and the proceeds go to the DFRC I assume this explains why there is an increase with coNributions and special evens in the budget? - Peggy Kelly Yes, we had a meeting yesterday and we will have our second annual volunteer recognition banquet. When we had that even two years ago it netted right round $2500 dollars there goal they set yesterday is between $2500 and $7000 dollars. So there is a committee of seven that is chaired by the board member that is working on it. Did your audit get finished? - Peggy Kelly No, and I brought Simone to answer the questions about that because I knew you would ask that. Our audit is not complete it is still in the process and what it is our auditor just did not have time. So he has asked me to help him. I will be doing all of the legwork and he will be completing the audit. This will help to keep the cost down and he told us it would be done within 30 days. It is dependeN on ifI can complete all of the work that I need to get done. Who is doing the Audit? - Peggy Kelly Dan Ton, he is going to be the lead auditor. I noticed that in your expenses that you don't have anything listed for audit fee. - Peggy Kelly No, because one year, - It is under professional services. We rolled it iNo professional services and a lot of it is pro bono so at the time we did not have the funding for a full whole audit. Dan has agreed to be the lead auditor and help to keep the fees down. I noticed that you don't have any outside agencies that monitors, is that right? - Teri Rheault Well every agency that we receive funding from monitors us. Like the City of DeNon gets a report from us every month on the money we speN and who we served and how many people were served. United Way is the same way as well as the flow foundation. We don't have the professional staff it have a monitoring visit from an accredited organization to have that type of professional audit. Owsle¥ Summer Playground Thank you for the 9 years of funding. Owsley Service Coalition because of the high crime-rate in the Owsley neighborhood. We were trying to figure out ways of how we could service this community. The Parks and Recreation Department was chosen to start the summer playground and apply for CDBG funding. This showed collaboration and how we were all working together. We are the only summer program in Owsley. When we talk about what difference this program will make? We have a lot of single pareN and female head of household and these kids are pretty much at the time estimated pretty much on their own because they could not afford childcare. I remember going to an apartmeN and all of these kids came out. All of these cousins watching and taking care of each other. One of the kids was in Page 102 Monday's paper and he is graduating from high school this year talking about how this will be his last game, he is a senior. This took me back to the first day and shows what kind of difference this program makes because we are there to help these kids. He didn't come to the center after he past the age of twelve, he started coming to the other project. We just don't stop here with the kids we just keep going with these kids. Also back then there was a big article about how this coalition and stop the congregating in the Owsley neighborhood and their was also an award for how the agencies worked together. What would we do if this agency did not receive funding? Basically we would have to just stop this program. I would hate to see this happen to us. What would happen if you had a reduction in funding? We would cominue the only problem is that we would have to look at cutting hours, days, or weeks of this program. These kids would suffer in the end. For example, last year we asked for $19,500 which we were grained and this year we are going for $23,587. The reason for the increase is because of vans, we only have one van. We were looking at working with Greg Hedges who did get a van but he was moved over to SE Demon so now the program is short a van. Now we will have to transport children with one van this summer. So this is one of the reasons why I increased the monies for this summer. We are talking about 40 to 45 kids to the swimming pool. Also this year with the swimming pool, we have been going to the swimming pool for free but now they are going to charge us a quarter a child this year. We are also looking at those prices this year so that is part of the increase in the budget. Then the question on how do you plan to use this source of funding? We hire one playground coordinator and two playground leaders and it is an eleven-week program. We offer June 2 through August 15 and it is Monday through Friday from 9:30 to 4:00. Basically in the morning time they are in this little building that we do our arts and crafts in. Then at lunchtime, we have a summer lunch program so they don't have to bring their lunch it is a free lunch program. Then afterwards we have field trips for these kids to take them out of the neighborhood. Will your programs be at the same times as Boys & Girls Club? - James McDade I thought that last year was there last year but they are there from 4:30 on. Last year they helped with the transportation. This is a drop-in program and you are open to whoever comes? - Bettye Meyers We are talking about a whole area that is apartments. So these kids are not just staying in the apartmems, kids are transferring around and some kids see for only part of the summer. Some of the kids will stay the whole time but you are talking about that is just the type of neighborhood. It started off as a drop-in program because there wasn't anything out there. It wasn't a place for kids to play it was a parking lot. Parks and Rec converted that area to a little bitty park. Know we are using the cop's office, which is a little office space for all of those kids With CDBG money by the way- Barbara Ross Right You have two Hispanic staff and then one Hispanic staff for the summer, right? - Jean Hinojosa Yes, as far as professional staff at Denia recreation center. These are last year staff and it depends on Page 103 who applies each year. Are these Hispanic Staff members Bilingual? - Jean Hinoiosa Yes, the ones we have are bilingual. Because of the children in the program we have bilingual staff. The head of the program is bilingual; usually we have someone there who is bilingual. Park department going to give you a cut for the waterpark? - Bettye Meyers The will be giving us a cut because we are from the City but still at $2.50 per child. That will be one of the little highlight trips, it would not be a regular trip because we could not afford it. How long have you been at Owslev? - Lovie Price This will be my eleventh year. Denton Housing Authority What difference will the program make? The DeNon Housing Authority proposes to provide direct services through the implememation of a social services program. We have targeted approximately three hundred residems to service over the next year if this funding is approved. The target population consists of youth, adults, elderly, disabled, and families with various types of problems. That include domestic violence issues, gang violence, runaways, lease violations, battery, drug use and abuse, truancy, housekeeping problems, parenting issues, budget problems, unemploymem issues, lack of employability skills training, health issues and other social problems. Evidence from the local police that have been working with the DHA has provided us monthly reports to support those issues and criminal activities at several of our developments. Appro. 1/3 of our DHA developmems have signed a letter of support for the DHA to receive this funding. So they are in support of this need. There are several componems to the social service program. One very critical is outreach, that is why we what to implement this program. We want to have on-site services where our families will be able to receive the type of support services that they need. information and referrals, home visits, and advocacy and linkage will be provided to those families. Case managemem is another critical componem, individual and family assessmems, crisis imervemion, would also be dealt with; individual and family group counseling, developmem and independem living skills for all DHA families. Another critical componem is follow up services and then evaluation of the services to measure they need value and the residems satisfaction with it and the success of that particular social service program. What would happen if the agency did not receive this funding? The DHA residems will be under serviced umil funding is available support this need. Curremly all Housing Authority funds are obligated to other agency funding services and operations. We have projected for the next four years to utilize this funding. Year 1 request 100%, Year 2 75%, and Year 3 if we are not in an position to support the salary of the social services person we would be asking for 50% of the salary. Page 104 How do we plan to use the human services funding? We want to hire a social worker to service over three hundred families for the type of problems we have described. If we were not able to fund the whole salary_ could you fund part of the sala _ry? - Peggy Kelly Currently, no we only have funding for the fringe benefits we could not support part of the salary. Is half a social worker better than no social worker? - Peggy Kelly Absolutely, I cannot say anything different that that. Some services are better than no services. Your diversity on your board is outstanding but has the size of the board always been so small? Jean Hinojosa Yes, and we just received a letter from Mayor Brock who has stated that she would like to increase it to seven members. She has submitted a letter to the local HUD field office requesting the process that she needs to take to implement that. Since she appoints the Board. - Barbara Ross Right, she does appoint the board And does HUD have regulations about the board number? - Peggy Kelly There are regulations in place that support the number of board members on your housing authority board. I believe it can be five or seven. We right now have five and she has requested the increase to seven. It is kind of hard to imagine with an 11 million budget that you cannot squirrel away money for a position that you obviously feel is so essential to your whole operation. - Bettye Meyers Absolutely, But the funding that we currently have in place has been obligated. We do not have any additional funding at this time but in the future we will. Currently our staff is working very hard to identify other projects that we can take on as a housing authority. The funding that is available to us from the local field office. So we will be applying for additional funding to bring into the organization that is not obligated that would be obligated to support services. What is you budget year? - Bettye Meyers October 1 to September 30 Does HUD have any regulations of the salary_ range, is this a local decision? - Peggy Kelly Well there are studies done from various housing authorities. So the board has the ability to investigate that it is their responsibility. So when you have a range of $87,000 to $100,000 you're just set that as the range? - Peggy Kelly Yes they approved the range. That is a little high for Denton that is not your problem? - Peggy Kelly No, unfortunately I have enough problems a lot of challenges. Page 105 PC Donations What difference will the program make? It is an organization that is curremly operating out of Washington DC and Mississippi. This is a three- fold organization but in Demon it would be a two fold. One part for youth and the second part would be for adults with a six weeks training. At the end of the training they would be able to take the computer home. At a later date, we would like to have job placemem training. The basic goals of PC donations is to provide computer training to youth and adults as well as a computer to those who might not otherwise be able to have one. What would happen if the agency did not receive this funding? At this poim in time the chapter in Demon is still organizing. In this case, we have applied for the shell foundation grams as well as Target. At this poim in time we could use funds from programs in DC and Mississippi where we do have some fundraisers set up. How do we plan to use the human services funding? We would use the funding to help start the organization; the funding would be basically for supplies. We would like to purchase the pc's and necessary supplies. The classes would have six people. What kind of local linkages do you have to jobs? - Elinor Hughes We have spoken with a trucking company; the workforce commission and the United Way have all been imerested in working with our job placemem. Are you working at all with the libra _ry and the Ci_ty of Demon on the Tiff gram? Barbara Ross No, we hadn't heard about that. On your budget sheet, your expenditures and income sheet do not match? - Betty Tomboulian I would say that there is an error. Also supplies, where are the computer purchases on your expenditures. - Betty Tomboulian That should be the bulk of the expenses. Do you have a location? - Betty Tomboulian At this poim we are not operating out of a place that we are reining. I have made contact with some members where we may be able to meet in a couple of church facilities were we can use the pc' s that are already there To conduct the classes, correct me ifI am wrong, you will need to have the computers networked - Betty Tomboulian Actually, I have been blessed my husband has everything that we need. He has a networking card that he can go in a plug up the computers that we can link the computers without imposing on the network of the system of computers being used. On the $30,000 is that going to be for supplies or for salaries? - Jean Hinojosa The money that we are requesting for you is should be for supplies. We were looking at reining a Page 106 building but at this particular time since we don't have it set up we were unable to get that building. Now at this point we are going to work with the ones that have donated their time so we are not going to need that $30,000 salary. At some point we would like to bring in some teachers to do some specific training and then we would need to pay and compensate the teachers. At this point for start up it is not needed. You also have expenses for client rent, utilities, food and transportation, the total on this is about $4800? - Betty Tomboulian That is at some point, the organizations in DC and Mississippi have day cares on site and what they call help shelters. Where people actually come and stay. At this point PC donation chapter is not there yet. You are using the DC and Mississippi chapters as the model? - Betty Tomboulian Exactly, I am trying to down size it to fit our needs Will the clients that come in to work with you have to pay a fee or register? - Jean Hinojosa No, we are not going to charge them anything. But there can be a registration fee but it can be waived. It will depend upon income we will be targeting the low and very low-income clients. Fred Moore What difference will the program make? We provide low to moderate-income families with childcare at affordable prices. Our goal is to give excellent day care not just average but excellent childcare that allows the normal average working family to have childcare but still be able to pay there bills and lives. These are very vital services. We serve families with children ages six weeks to five years. We try and prepare the children for kindergarten and really compete with families that have more income and opportunities. We try and get them started on the same page; we try and make a well-rounded child. If they have issues of medical care or dental care we try and address all of those problems so when they get to kindergarten they are really ready to learn and they are prepared. What would happen if the agency did not receive this funding? The only option we would have would be to raise our tuition rates. At that point we would feel like we are just like any other childcare center. We would not be providing that important service of affordable childcare. How do we plan to use the human services funding? We are using our funding to pay salaries for four teachers. I noticed the program income going up? - Peggy Kelly Yes, it is two dollars per child per week. So you already have to increase? Peggy Kelly Yes, eight dollars month starting in March. For the programs we are offering because our teachers have not had a real raise more the ten cents in the last four years. So we would like to be able to give them an increase. We have five teachers in a childcare associate degree program and we would like to Page 107 be able to compensate them for that once they finish. We are trying to allow for the raise. What do you charge monthly now? - Jean Hinojosa It is on a weekly basis and I think that for infants up to eighteen months is a flat rate of $78 a week it will go up to $80 a week. That is about half right now of what the average childcare services is charging. Once they get out of that room it goes sliding scale based on the income and rages from $43 dollars up to $73 dollars for a toddler still in diapers. Must of our families, probably 50% of them pay on the lower end of the sliding scale. I noticed your projection for CCS Money did you run imo a problem this past year because they ran out of money. - Bettye Meyers Yes, they did and we had a lot parents. When they ran out of money, a lot of the rules got a lot tighter. Parents that weren't turning paper work or who were missing too many days were being put off. We lost a few families that way we projected a little looser because we just got a large chunk of money and they are pulling their weight on this now. We are getting a few of these families back. Right now we are full. We average out and project our budget. We had a very tough year last year. Do to the age of the building and maimenance on the building. Do you have a wait list? - Carol Bounds In our infam room we have a year and a half wait list and there is a long wait. This kids move up through the program. For toddler and infam care there is no other low cost program in DeNon. If you had the money how many could you serve - Carol Bounds Well right now we serve about 50 people that we can allow and we are at that capacity For a long while you were at a slightly lower child to teacher ratio? - Barbara Ross It is lower because we go through the accreditation process and the national association is a little tighter than what the state ratio is. We are more relaxed than what the state ratio but than when I have a teacher out it are not putting me in jeopardy of being over the limit. I am not going to get cited for supervision. At this point we can't afford to have extra people there. If someone is out I have to be able to cover that room. This is an all day program - Lovie Price Yes, it is a full time program. We actually have written a grant, if we get it we will open a little earlier. We are opening right now from seven to six we are trying to open at six for parems who have to be at work at seven or six thirty. Ridin~ Unlimited What difference will the program make? Riding Unlimited provides therapeutic horsemanship for individuals with disabilities. Therapeutic horsemanship provides physical, social, educational, and emotional needs of those with disabilities. What would happen if the agency did not receive this funding? If we received limited or no funding we would still let the children ride. It is our policy not to turn children away. Within our own with our fundraisers we would find away. Page 108 How do we plan to use the human services funding? The funding would help to provide financial assistance to those who cannot afford to pay for the riding sessions. Why is the DeMon % so low? - Elinor Hughes Actually since that has been done we are up to 20% right now. I'm really not sure, bM we have been making a big push to make sure that everyone knows we are right here. So maybe it has just been that people needed to know aboM our services. We have been pushing really hard and going to school districts and to doctor's offices. You don't have any Denton board members? Peggy Kelly No, we would love to have some DeMon board members and are looking for board members from Denton. What is your most recent audit? - Barbara Ross We had an audit for 2002. We would love for you all to come and look at our program. SPAN What difference will the program make? Span nutrition program addresses the senior population in our community in two ways by providing a hot noon meal daily. We are promoting the physical and health and by offering good nutrition in as atmosphere conducive to better meMal health and socialization. We help build healthier communities. Assessments show that in the congregate meals in the elder center and a legion hall and Denton senior center 40% of the participates benefit in a positive way by good nutrition meals and 80% show a positive result by a better oMlook and are stimulated by the social iMeraction with the elders. In the homebound meals delivered 62% show that by receiving nutritious meals on a daily basis and a 100% of these meals are home bound. The good news is that 10% of the homebound reported showing improvement in their health that allows them to visit the congregate meals site. Then they receive socialization there. It is a positive thing for us, that the homebound elderly can now go oM and do things and to really enjoy that socialization. I don't know if you have been a home delivered meals voluMeer bM let me just say that those voluMeers bringing the meals to the homebound recipieMs means so much more than the actual meals themselves. Of course, the nutritional is important but that visit and a friendly smile, we always that is one of the good by products of that meal. One other thing is that those voluMeers are worth so much that we could not provide meals by the amount that we do. They also notice things in a home and they can alert us to unsafe situations in a home. What would happen if the agency did not receive this funding? This would seriously limit the number of citizens we serve. Certainly it will make the waiting lists longer. It is more than just get a good meal every once in a while, it is the nutrition and socialization helps seniors to have healthier lives. How do we plan to use the human services funding? We simply purchase meals with these funds and they only go to city of DeMon resideMs. Page 109 Is there a drivers that deliver the meals or volumeers? - Jean Hinojosa Yes they are drivers for the transportation aspect of SPAN it is our primary mission and you must be a senior. But we are not asking for funding for the transportation portion. How many meals do you deliver a day? James McDade Home delivered meals are almost up to 100 meals a day in DeNon. They have grown immensely and we get new clients everyday. Can you provide special diet meals? - Teri Rheault The only thing we can do, yes we provide diet meals. We just provide a differem dessert or something. Our meals are very carefully analyzed by nutrition and the must meet 1/3 of the federal required standards for daily nutrition. They are usually low fat and low sodium. So we can do a little bit of help as far as people who have diabetes. We also provide extra meals to the homebound senior if the y is need. Do you have board term limits? -Peggy Kelly Yes, they have two-year terms and can serve for two consecutive terms but after that they must be in a new position. We are trying to get new people on the board If you think of where you started and where you are now it is a compliment to the whole community I think. - Bettye Meyers Yes, the City of Demon has been helpful to us for all of these years. This is not always that way with other organizations where it is a new ballgame every year. HelpNET What difference will the program make? The importam to the community because social service coordination is a big part of what many many groups are doing like HUD and Tx dept of Housing and community developmem. It is cominually spoken about as one of the big needs in DeNon. The work that we are doing is very much part of what is needed. You can see from the sharp increases in cliemele over the last several years that need is growing. What really surprised us this year is that the other issues were just as busy during the Christmas season when there is usually a slow period. This year the needs did not come down. What would happen if the agency did not receive this funding? That is a hard question to answer other than we would tighten our belts and try and make it up in some other places. One of the things I would like to poim out to this group although it is something most of you might know is that HelpNET is a behind the scenes group. The work is important but it is not the group you see pictures of providing assistance to the kids. We are to social services what the stage crew is to a play, nobody knows their names nobody knows who they are or bothers with them at all. Except can you image having a play without them. That is a whole other role that HelpNET plays. I say that to say that HelpNET is a little harder to fund than some of the other agencies. We do not have the hooks to get some of the private donations and we also don't fit with a whole lot of grants but there are more and more grants coming out to us to deal with the type of work we have to do. Most grants are for specific issues like housing, food, and education very few of them are for coordination. There are some out there and of course we will work on those. We will be in a world of hurt financial if we Page 110 do not receive the funds. We will survive but will not provide as good as service because we are at capacity. We recruit volunteers and they do good work for us but there is a limit to what volunteers can do. We do have to have some paid staff that is regular and accountable and works on a day-to-day basis. How do we plan to use the human services funding? The funding will go for salaries. The current amount goes to our bilingual intake worker. The additional requested funds will go to hiring another bilingual worker to keep up with the demand. Executive Director salary_ is less and I don't see intake worker? Betty Tomboulian By the time you ad FICA and everything it comes right up to the $22,500 and Melody's title in our agency is program director. She has the title of program director because she supervises the volunteers and stuff. What is the term of service for your board of directors? Jean Hinojosa The term of service is a three-year term that can be re-elected after they have served two terms they have to be off at least one year before they can come back. How do you see that you can encourage more diversity on your board? - Jean Hinojosa Finding board members especially in the minority community is a big challenge. We have one opening right now and one of the reasons why it is still open is that we are holding it until we find someone from a minority community. We have talked to three people, who for various reasons, have declined. We are aware of that situation and we work hard to correct it but it is always a challenge. You have asked for $40,000 for one person? Bettye Meyers No, the funding will be for two persons for the current position and to hire an additional person. What is HMIS? - Jodi Vicars Nance The HMIS is the Homeless Management Information System that is one of the HUD programs. Two years ago that agencies like HelpNET served a very important function to report information to make a determination on the effectiveness of the programs. HMIS is essentially what HelpNET has done for several years now as a single depository of information. With another person as an intake worker, it will free up time for me to work on the HMIS for Denton County. Children's Advocacy Center for Denton County What difference will the program make? The program is already making a huge differences just think what life was like before advocacy centers when approach to investigating and prosecuting the cases for these kids was fragmented. Pretty much it was the word of the child versus the word of the offender with the defense attorney in the face of the child on the stand. Imagine the trauma that the child had to go through and what were the chances of that offender being prosecuted slim to none back then. Today the difference is that advocacy centers are able to both ensure justice through the prosecution process and heal. Without prosecution there is no opportunity for healing for these children. We provide free counseling and therapy as well basically working on both ends. Page 111 What would happen if the agency did not receive this funding? If we loose funding from one municipality particularly of DeMon's size then the possibility of loosing funding from the other communities does increase. It snowballs because as you have asked how much does each community give if it is less than what are the expectations it will hurt you. Right now with funding decreases we have gotten VOCA cuts, it would hurt quite a bit to have to get another reduction. How do we plan to use the human services funding? Direct services, totally 100% direct services $8,000 of the $12,000 is for the clinical therapists. The other $4,000 is for the childcare because we provide on site childcare, because it is so hard to find evening childcare anywhere. Talk about the diversity of the board of directors? - Bettye Meyers Actually when I started as executive director the board was 100% Caucasian. If you know me and you know what I am about then you know that doesn't was with me. It is very important to me to have diversity on the board both geographically as well as with talem and skills and also ethnic diversity. At this poim we have approved one African-American board member so far and I have an application right now in my hands for a second African-American board member that I believe will probably be inducted imo the board in March. I have two individual of Hispanic descem that I am talking to and trying to persuade to join the board that I think will be outstanding additions. I also have emertained an Asian board member who is just not ready to join the board at this time. That is very importam to me and I would welcome that as a potemial outcome measure if we were awarded funding. Does Flower Mound? Peggy Kelly Yes, because after DeNon the have the second highest use of services and they give the same amoum that the City of Denton gave last year too. Lewisville also gives money to the center as wells. Last year we are fortunate that they gave us about $23,000. Do you have a waiting list? -Carol Bounds We don't have a wait list because a call comes to CPS or 911 and there is a cross referral between law enforcemem and CPS and that child is brought to the advocacy cemer within 96 hours. The only waiting list would be for therapy services and that is only the time it takes to pair the client with the therapists for scheduling. That happens within a week in half or two weeks at the most. There are a lot of external referrals to other therapy sessions. Is it likely that the numbers will continue to increase? - Peggy Kelly Sad, but true while we have to report numbers but it is not a good thing because if we serve one child it is too many. The numbers are going up due to population, increased likelihood to report, and the third reason is the economy for some of the physical and some of the sexual abuse. Are you looking for new space? - Peggy Kelly Yes, we are in a capital campaign because we have to. We have purchased land across from where we are right now because our currem space is just too cramped. In terms of other space we are looking for some free space to provide satellite service in Denton at least for a couple of nights a week. Page 112 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 19, 2003 Members Presem: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Jodi Vicars-Nance, Teri Rheault, Lovie Price Members Absem without Notification: Betty Tomboulian Staff Presem: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Developmem Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00 PM. Mr. McDade stated the minutes of the February 12, 2003 minutes would be approved at the last scheduled committee meeting. At this time, agency hearings for 2003-2004 applications began and proceeded with each agency providing a short three-minute presentation to address the HSAC standard questions followed by a seven-minute question and answer period. Denton County Friends of the Family What difference does our program make in our community? Denton County Friends of the Family works to empower women to feel safe without our services women would have to go to Dallas. How do we plan to use that funding? The funding will provide direct services to families. Is increase in the budget due to salaries? - Bettye Meyers The budget increase is due to a 12% rise in the number of shelter cliems and a 20% rise in the amoum of other provided services. The budget increase is not to increase salaries but to increase the portion of salary paid by the City of Demon. Please explain the decrease in other funds? - Peggy_ Kelly The decrease in other funding sources is from reduced Federal grams including VOCA funds. The agency has worked on some strategies in order to increase funds obtained through fundraising and independem donations. We appreciated the copy of the letter to the auditor. How often do you change auditors?- Bettve Meyers. We go out for bid every three years and curremly are in the bid process. Page 113 The budget sheets columns do not match? - Elinor Hughes Probably a mistake in Column C and the actual budget is the budget as of September. an updated budget sheet. We can provide Is your client base predominatelv Caucasian ? Has there been an outreach programs to the minority communitie? - Carol Bounds Yes, the client base is predominately Caucasian. We have had several outreach programs to the minority communities. One problem is a lack of bilingual staff. We see more diversity in the shelter residence clients than the counseling clients. Why do you not serve more seniors? - Teri Rheault Seniors are more likely to go to Adult Protective Services for assistance than to use our services. I am concerned that all of the income categories are less in revenue resources? - Peggy Kelly One problem with the income/revenue reporting is the Lewisville United Way does not count designated funds in the community funds. We have revised our budget to ask for $67,000. The current amount in the application is a discrepancy that should be remedied. Some of the other local grants will be less this year. Please put explanative iqformation in the budget narrative. The thr~£t store is expected to double sales? - Peggy_ Kelly Yes, we have double the sales in the stores. Why was the application late- Elinor Hughes There were some technical difficulties with the application itself and too much time was spent trying to correct it. There were just beginning errors. END OF DENTON COUNTY FRIENDS OF THE FAMILY Interfaith Ministries What diffkrence will our program make? This is a cost effective program that keeps people in their homes. Some clients have chronic or major illnesses. People rarely have one problem; there is usually a wide range of problems. It maybe that other problems caused their utility problems. We sit down and do a budget and help with other needs. Virtually all of this money comes back to the City of Denton as a utility payment. With out this program people would not be able to pay the bill. What would happen if we didn't receive your funding? We do not assume you will give us funding but we realize this is a tight budget year. We will try and pump up the Plus One Utility Assistance. The other choice is to see fewer people or to provide less service. We have tried to provide fewer services in the past and found it ineffective. How we are going to use the funding? These funds will be used for emergency utility assistance for low-income residents. Page 114 Is there a waiting list, only 5% Qf the potential clients are served? - Carol Bounds No, there is no waiting list because of the nature of services. If necessary, we give less per request to increase the number of requests funded. Only 5% of the potemial cliems are served due to the number of requests rather than the agency turning people away. There is not a lot of diversity on your Board? - Teri Rheault We are trying to increase the diversity of our board. We curremly have one African American board member but board membership is this month and more diverse group of members may be selected. We have lost several board members in a short period of time including two African Americans. END OF INTERVIEW HOPE, INC What difference does our program make in our community? The program helps families facing homelessness or who are curremly homeless. The two programs differ in the amoum of time the cliem can have in the program. The program provides housing and self-sufficiency services. The transitional housing services offered are a top priority in the cominuum of care for the City of Demon and the Demon County Homeless Coalition. What would happen if we didn't have human services funding? We would cut services because the city funding is match funds for some federal and state grams. HUD priorities include financial support from the local government. Currently, the program is able to serve 26% of the need. How do we plan to use that funding? It will go towards homeless services and prevention to pull toward self-sufficiency and as match funds for other grams. What is happening to those you cannot help? - Bettye Meyers It is difficult to track because they do a variety of things like double up become "sofa" families, etc. This funding has allowed us to assist 18 families rather than the 15 that must be served. Does the Salvation Army help with the overflow? - Jean Hinojosa Yes, if they are truly homeless. If they are prevention cases, we try and look up other services. We work together with other agencies to provide services.. Who is the auditor? - Carol Bounds Dan Ton, There is a1999, 2000 and 2001 included in the application. The same audit firm was used for all three of the audits. END OF INTERVIEW RSVP What difference does our program make in our community? We provide valuable volunteer support services to agencies. We have taken on a new initiative with Page 115 the City of DeNon, CERT, a community emergency response team. What would happen if we didn't have human services funding? The loss of this funding would affect Pat who is our voluNeer coordinator. recruited over 100 volunteers this year. Over the past year, Pat has How do we plan to use that funding? Funding is for the voluNeer specialist who has provided coNinuity in our voluNeer services. You have done a terrific job of diversity on the Board? - Jean Hinojosa Thank you, we are willing to help other agency's find board members. Where are the collecting hours for Our Daily Bread? - Peggy Kelly We will have to check with the coordinator to see if the hours are being recorded. Has there been an increase in the number of groups who wan help - Bettye Meyers There is more need for volunteers. We are finding more volunteers who want substantive placements. In 2003, we have three new stations asking for volunteers. END OF INTERVIEW Salvation Army What would we do if this agency did not receive funding? We would have to reduce services or close the doors on the transitional services. Then the question on how do you plan to use this source of funding? We would pay for the two positions Numbers on capacity decreased? - Elinor Hughes Yes, that was for a reason. I tried to do a conservative Number of how many people we will serve because we do not know how many people we will be serving. If you come back next year fro funding, the figures might have increased? - Peggy Kelly Yes In Line Program income, what does that mean? - Peggy Kelly Our transitional program pays 10% of what they make. We also collect rent on a house where some college students stay. There are no minorities on the Board of Directors? - Jean Hinojosa We do not select the board of trustees. In the advisory board we have one Hispanic. We are trying to grow our diversity. Has it always been this way? - Lovie Price No, it has not been and we are focusing on bringing in diverse board members. Page 116 Do you have any bilingual staff?. - Jean Hinojosa Yes. Can others use the shelter services? - Peggy Kelly Yes, my personal rule is that no one eats with out a shelter. clothes at night so others can use the laundry facilities. The transitional clients can not was If they do not have a job what happens? - Lovie Price They have seven days to get a job, one full time or two part-time jobs. If they loose them then they have seven days to find another job. If they have problems then there is an extension available. It is important for us for them to have jobs. Is it harder for them to find jobs now? - Carol Bounds No, because some people can find jobs in two days. A lot of it depends on the people. What level of jobs? - Teri Rheault Everywhere from laborer to skilled jobs to office workers but mainly skilled level jobs. Are the beds reserved for Transitional Housing? - Elinor Hughes Yes, it is reserved some of them will take a mat to sleep on the floor for others to have their space and some will come and sleep on a mat. Do you turn people away? - Carol Bounds This winter we had to turn away one family and a single father with children because there was no room or appropriate facilities available. When you turn away do you refer elsewhere? - Jean Hinojosa Yes, we try and refer to somewhere else and we refer to churches. How do you know which churches to call? - Jean Hinoiosa Staff knows what churches to call. END OF INTERVIEW Girl scouts Testimonial presentation with Girl Scout and mother for the chances program. What are the ages served? - James McDade Mainly elementary school, we have some older girls at MLK- middle school from 11 to 15- in a year round program. This is possibly we will expand the Denia program to a year round basis. The person who runs the Chances program is a paid staff member? - Carol Bounds Yes, she works to set-up programs and actually does the program delivery with the girls. Page 117 The money is for salary_? Peggy Kelly Yea, it is to go to a part-time salary and materials would be free. Since the board roster is missing, how many board members are from DeNon? - Jean Hinojosa Out of the 22 board members we have eight members form DeNon and two are the girls. The application did not receive board approval? - Peggy Kelly Yes, the board has approved the application and the presidem of the board has signed off on the application. Will the part-time employee be bilingual due to the number of Hispanics? - James McDade Hopefully, we have learned that with children the bilingual staff is good but not necessary. The problem comes in with communications with the parems. END OF THE APPLICATION Walking Prayer Clubs What difference will the program make? This is a program that will bridge the gap between community and schools. What would happen if the agency did not receive this funding? We would cominue with fundraisers, bake sales, car washes, etc. How do we plan to use the human services funding? For teaching supplies and office supplies. There are no Hispanics on the board? - There is one on the Board, Annie Perez and we will increase the number as the program grows. 501(3)c, bylaws, and other things are not included in the application? Peggy Kelly I just heard on the taxes and I have a copy of the articles of incorporation and by-laws. What kinds of emergency services are provided? - Teri Rheault At school, when a child has a problem, we work with the children and take them home or carry to parents. Who or what are certified teachers. - Elinor Hughes These are teachers who are certified to teach school. In addition we also have custodians and bus drivers. We work in the evening and on weekends. How long has the program been in existence? - Lovie Price We have been in service since 1998. Page 118 How did you get the name? - Jean Hinojosa The Lord gave it to me. Do you need a van? - Lovie Price We need transportation because many of the parents have not been able to provide transportation. Is this for directors or for supplies? - James McDade It will go to supplies, this will be for supplies. As of this month, we have members who are starting to pay dues of $10.00. Question about the actual revised budget? - Betty Tomboulian We do not currently have money expenditures. The information should be for a proposed budget rather than an actual budget. Do you pay phone bills of six hundred dollars? - James McDade Yes, the phone bill is about two hundred dollars a month. Does the club walk around the schools? - Elinor Hughes We have volunteers walk around the perimeter of the campus and pray around each campus. This is an after school program? - Bettye Meyers It is an after school, evenings, and on the weekends. We are available at anytime during the day. The program is on a one on one basis over a long period of time. END OF INTERVIEW REACH What difference will the program make? Services for programs with disabilities and is a support group. The key factor is the counselor himself having a disability. What would happen if the agency did not receive this funding? We would not be able to have the support group. How do we plan to use the human services funding? They are strictly to pay for the counselor Are the funds you get for other programs from other agencies? - Elinor Hughes Yes, federal funds cannot be used for this counseling group. There are no minorities in the group? Jean Hinojosa We have had a really hard time getting responses from minorities. We can have on-site bilingual staff for Spanish speakers. Page 119 Is the information getting out? - James McDade Yes, we do the health department and several other monthly meetings as well as mail outs. Could you have referrals from other agencies ? - Jean Hinojosa Part of what we do is information and referral. Have you tried contacting churches? - Lovie Price Yes I have served on the board and part of it is cultural and there are not a lot of resources - Teri Rheault Where are your meetings? - Bettye Meyers We are meeting at our offices. Is it an ongoing program or does it have an end? - Bette Meyers We have been trying to help new people. We do have a core group of five or six people who see it as a continuous program. Others come and leave over a short time. It is hard to justify the benefit of money for such a small number of people. The group members could not afford professional counseling. END OF INTERVIEW OWSLEY COMMUNTITY AFTER -SCHOOL What difference will the program make? The after school program has a big pay off by keeping children off of the streets. One of the biggest differences is the rise in the children's test scores and school rating. What would happen if the agency did not receive this funding? We would not have enough funds for the staff to work with the children. How do we plan to use the human services funding? The funds will be used for program staff. Are you aware of the Calhoun after school program? - Bettye Meyers We follow up with the elementary school children but not with bussing. Some middle school children ride on the bus straight to the community school to be closer to home. This stops them from walking home after school. Were all of your students Hispanics? Jean Hinojosa No, some of our staff is bilingual. We also have donated staff from Boys & Girls Club and Campfire Girls. This helps to bring the program up to six or seven staff members. Language is not a problem since four of the seven speak Spanish. How many kids are you serving? - Peggy Kelly Page 120 We have thirty on a regular basis and depending on the weather we will have more. If you look at the cost of day care we are providing about $22,000 of childcare services. Please clarify the staff role of the Boys & Girls Club - Peggy Kelly After the change in administration, the Boys and Girls Club asked to maintain a presence in the area by volunteering the use of their van and two staff members. The program administration and curriculum is still provided by the Owsley Community School. We do not know what the future commitments of the Boys and Girls Club will be but the program is not dependent on their staff or van. Adult Education Program The funds are for people to be on-site to coordinate the program. We have to see a staff person as the only concrete person on site. The vast majority of the budget is for salary for administration. We have a multifaceted program and need a central point of contact. We started adult education because of the need. With the adult education program we are looking towards having adult education accreditation. We have seen an increase in the number of people in the program and changes in their lifestyles. People are able to move out to other parts of town and on to better jobs. The coordinator is the hub of the program. It is hard for the director to be on-site; it is essential for the coordinator to pick up the slack. The coordinator does all of the support work the keeps the volunteers organized and happy. They also keep the office open during the day and field a number of questions. What does the adult education program teach and how many adults are in the program? - Teri Rheault It is an ESL program but the intent is to help lead them towards a GED. There are various levels of ESL and GED taught at the school. In addition, we teach a lot of practical skills, like how to use a checkbook. All of our programs are free to the public; our motto is "No Excuses". We have had as many as forty people in the program. Our female enrollment female as well as couples enrollment has increased. How much of the narrative for the two programs is intermixed or funds commingled? Peggy Kelly. The one application with the budget for a staff person salary is totally separate from the other application. The After school program goes for the upkeep of the after school program. The two applications can be combined into one application with two programs. Who does the audit? Bettye Meyers. We are working on the audit and are using one of the Universities classes for a reduced price with Roy Andersen as the coordinator.. SICKLE CELL DISEASE ASSOCIATION What difference will the program make? There are 9,000 people with sickle cells and 85% are low income. We provide help with $.89 of every $1.00 going to direct services. We have technical and general population education. We also do Page 121 cliem and family services including genetic counseling. What would happen if the agency did not receive this funding? It would hurt the program; we have been providing over 3,000 units of services. The program could not operate as well with out the funding. We would try and make the best use of our available funds. How do we plan to use the human services funding? We have some major objectives with healthy communities in Demon. We will cominue to provide services to people in Denton. Have you been accepted in Denton Schools? - Bettye Meyers No &Yes, we have to get parent permission to talk about some issues. In schools, we talk about science of sickle cell with an imeractive game to teach about health and wellness. Is Head start still doing the screening and testing? Lovie Price Since 1983, newborn screening has been in place. Page 122 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 12, 2003 Members Present: Carol Bounds, Jean Hinojosa, Elinor Hughes, Peggy Kelly, James McDade, Bettye Myers, Jodi Vicars-Nance, Teri Rheault, Lovie Price, and Betty Tomboulian Members Absent without Notification: Staff Present: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Development Administrator. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00 PM. At this time, agency hearings for 2003-2004 applications began and proceeded with Family Health Care providing a ten-minute presentation including a question and answer period. Family Health Care The volume of clients increased over the last year even though a clinic has been opened in Flower Mound. Due to the large number of clients and increased services needed per client, the program had to close to new clients as of February 18, 2003. The clinic continues to see the current clients in the program. The women who are receiving services need more visits due to poorer health conditions. The problem is that once the women are accepted in to care a contract is signed for nine month's of services. The available funds have not been adequate for the number of services needed. One local hospital provided $30,000 to help cover the needs of the women under contract. Another local hospital will probably provide an additional donation. The doctor has agreed to negotiations to reduce fees for service. In addition, Family Health Care is working on having the lab work done at the local hospitals in order to alleviate the portion of fees and service reductions absorbed by the doctor. At this time the clinic is paying out about $4,000 a week to provide the needed services to the clients. All of the services are going to women who are not eligible for Medicaid. Although many of the women are undocumented residents, their children are US citizens. How long do you thinkyou will have to be closed to? - Peggy_ Kelly We are closed to accepting new patients probably until October; the clinic will continue to be open to the current patients. We have used all of the County money and all of the CDBG funds. I am going this week to Lewisville for CDBG funds. Did you know that Flower Mound now receives CDBG? - Barbara Ross Yes, I did not have enough statistics to convince Flower Mound, but I did have enough to convince Lewisville. Are almost all qf your clients undocumented residents - Bettye Meyers. Page 123 There are also students from the universities that are here on student visas as well, they can't get private insurance and don't qualify for Medicaid. Does the university y(ive the students free medical treatment? - Carol Bounds Not Prenatal care. Everyone is terrified of pregnant women. What account&for the sudden increase in the number qf clients and services needed? - Peggy Kelly All of us have been trying to figure it out. These individuals did not have private insurance so it is not because of loss of insurance. As bad as it is here it is worse down there. They are on the street corners and working at all the places that most of the Americans do not want to work. They are not really taking jobs away from; they are trying to make their co-payments as much as possible. Even that has decreased, at this Family Health Care they owe us $2700 and what they could not pay. I understand that it is hard to pay for two visits a week without insurance. Any one of us would have a rough time. What percentage are students? - Barbara Ross Maybe two or three percent, it fluctuates with semesters. Doesn't UNT have a pregnancy-counseling program ? - Barbara Ross It is probably just for a pregnancy screening test. END OF AGENCY HEARINGS James McDade, Human Services Advisory Committee (HSAC) Chair, began the deliberation portion of the meeting. Mr. McDade asked for approval of minutes for the past. Peggy Kelly had a change to the minutes on February 6, 2003. Ms. Kelly requested that in the City County Day Nursery section the reference to the Ann Windle school should be changed to the correct spelling and that the comment was made by the presenter rather than Ms. Kelly. The minutes for January 29, 2003 meeting were approved as presented. The minutes for February 6, 2003 meeting were approved with the necessary corrections. The minutes for February 12, 2003 meeting were approved as presented. The minutes for February 19, 2003 meeting were approved as presented. PUBLIC COMMENT PERIOD - Mr. McDade asked for any public comments. There were no public comments REVIEW OF SCORES FOR THE 2003-2004 FUNDING APPLICATION Ms. Wendy Nails explained the summary of the application scores provided to the committee. The agencies were listed from highest to lowest score. The summary provided the average score with the highest and lowest score dropped, the high and low score, number of recommendations for or against funding the application, and recommendations for low, medium, or high funding award levels. In addition the committee was presented with a letter from the Mayor requesting that two budgets are formulated due to the scarce resources available to the City for the next budget year. The two budgets requested were one budget with level funding from last year and a budget that is reduced by the amount of the CDBG allotment reduction. Page 124 Page 125 The amoum of discretionary funds from the City Council Members will not be included in the amoum of funding allotted last year. Upon discussion the committee decided that all applications with scores below 70 would not be considered for funding. Members discussed not funding any applications with scores below 84 due to the limited amoum of funds. There was a discussion of the programs provided at the Owsley Community School. it was decided that the Owsley Community School in fact ran the programs therefore it was not necessary to provide funding to the Boys and Girls Club. it was suggested not to fund REACH or Riding Unlimited due to the small number of participants. The committee agreed to not to fund any applications with scores at or below the Denton County MHMR - ASAP application with the exception of Adult Day Care and the City of DeNon - After School Action Site. Of the remaining applications only the Cumberland Presbyterian Children's Home and the DeNon Housing Authority did not receive awards from the Committee last year. The Committee discussed cutting the funding levels of last year's awards in order to fund the two applications that had not received funding last year. Members discussed funding half of the DHA position. The committee was informed that the DeNon Housing Authority was hiring a position for developmem in order to find additional funding sources for the Housing Authority. The committee decided not to fund the DeNon Housing Authority position this year. The committee decided to fund all of the remaining agencies at last year's funding awards including keeping Cumberland Presbyterian Children's Home to the $4,000 amoum allotted from discretionary funds. After funding Cumberland Presbyterian Children's Home, since Fairhaven Retiremem Home did not apply for funding an amoum of $3500 was available for awards. The committee discussed what agencies needed additional funds in order to split the remaining $3500 among other applicams. Award increases were suggested for the: Salvation Army, because of their help during the hard economic times; Fred Moore Day Care, due to the large community need for their services and the need to increase the salary of teachers to maimain quality care; AiDS Services of North Texas, due to the reduction in federal funds; Family Health Care, due to the increase in the number of cliems and services provided. The committee decided to award the remaining $3500 by allotting an additional $1,000 to Fred Moore Day Care as requested by the agency and $2500 to City County Day Nursery. These additional funding amoums would be matched by federal funds for childcare. The committee discussed a penalty for Friends of the Family due to their late application. Concerns were expressed that a monetary penalty would not hurt the agency but the clients who receive services. The committee was concerned about agency timeliness for application submission if other agencies learned that late applications would be accepted with no penalty. The staff recommended that the committee set a firm policy about late applications that would be enforced for the next funding cycle. The committee suggested at least a ten percent cut in the funding. The committee decided that a ten percent reduction in the committee award to Friends of the Family would not damage the agency but Page 126 would send a message that late applications are not acceptable. Staff suggested that the penalty for late applications be included in the HSAC policies and procedures rather than just being a staff policy. In addition, in application training agencies should be told that late application would receive a minimum of a ten percent reduction in the award. The committee requested that a letter be sent to Friends of the Family explaining that their award was reduced by ten percent due to the late application. Because Friends of the Family was awarded an amount equal to last year's award, the assessment of a late penalty created a small amount of funds to be allotted. The committee decided to split these remaining funds between Aids Services of North Texas and Family Health Care. This completed the discussions for the budget with level funding to last years awards. The committee had a ten-minute recess before deliberations for the alternative budget to include the CDBG allotment reduction. The committee discussed reducing all of the agencies budgets funded last year by one percent. Concerns were expressed about reducing the day care budgets by one percent. Another suggestion was made to cut the Owsley School Adult Education program. Ms. Nails stopped the discussion of the alternative budget because amount for Riding Unlimited had not been subtracted or reallocated in the earlier deliberations for the level-funding budget. The committee decided to allot the $825 to Riding Unlimited in the level-spending budget. This completed deliberations for the level-spending budget. The committee returned to discussions for the reduced funding budget. The committee decided not to provide funds for Riding Unlimited in the reduced funding budget. The committee allotted Friends of the Family an award level to last year minus a penalty often percent due to a late application. After the reduction of Riding Unlimited and the Friends of the Family penalty, the reduced funding budget still should be reduced by an amount $353 with all other agencies receiving level awards to last year's amounts. Because of the Children's Advocacy Center's ability to raise funds, the committee decided to reduce their award in the amount of $350 to complete the reduced funding budget. The committee agreed that the remaining $3 from the CDBG allotment reduction could be replaced by City General Fund dollars. Ms. Nalls requested committee input on the information provided to the City Council about the impacts to agencies if the reduced funding budget is approved rather than the level-spending budget. The committee expressed a desire that Council was provided information that the reduced funding budget would hurt the citizens of Denton. The committee members were urged to discuss the funding recommendations with the city council member from whom they received appointment to the Human Services Advisory Committee. The committee approved a motion to accept both the level-spending budget and the reduced funds budget agreed upon during this meeting s deliberations. Ms. Barbara Ross informed the committee members that the budgets would be on the agenda for the April 15, 2003 City Council meeting. At this time, public comments would be expressed on the committees funding recommendations. The Meeting adjourned at approximately 8:00 PM. Page 127 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: April 15, 2003 Planning and Development Department CM/DCM/ACM: Dave Hill, 349-8314 SUBJECT: Z03-0007 (CVS Pharmacy) Hold a public hearing and consider adoption of an ordinance approving a Specific Use Permit for approximately 1.5 acres to allow a drive-thru facility. The site is in a Neighborhood Residential Mixed Use (NRMU) zoning district. The subject property is generally located at the southwest corner of Teasley Lane and Teasley Lane opposite Wind River. A pharmacy with a drive-thru is proposed. The Planning and Zoning Commission recommends approval. (7-0). BACKGROUND Applicant: Robert Baldwin on behalf of CVS Pharmacy Dallas, Texas The applicant has submitted a request for a Specific Use Permit (SUP) allowing for a drive-thru facility. In the NRMU zoning district the pharmacy use is permitted, however an SUP is required for all drive-thru uses. All drive-thrus must be built as an integral part of the architectural element of the primary building and be located to the rear or side of the structure. The proposed drive-thru meets these criteria. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received one favorable response from property owners within 200 feet of the subject site. Staff has also received one letter in opposition from a concerned citizen and a neutral letter from the principal of Sam Houston Elementary. A neighborhood meeting was held on March 19, 2003. See Attachment 4 for further information. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. RECOMMENDATION The Planning and Zoning Commission recommends approval. (7-0). ESTIMATED PROJECT SCHEDULE The property must be platted prior to issuance of any building permits. PRIOR ACTION/REVIEW The following is a chronology of Z03-0007, commonly known as CVS Pharmacy: Application Date Neighborhood Meeting (See Attachment 4) Planning and Zoning Public Hearing February 12, 2003 March 19, 2003 March 26, 2003 Prior to the adoption of the code the site was zoned small Neighborhood Service Conditional (NS(C)). This property was a part of PD-16 until May 16, 2000 at which time the City Council voted to rezone the property from PD-16 to a Neighborhood Services (NS) zoning district due to large opposition for a Neighborhood Wal-Mart store that was being proposed. PD-16 originally allowed for 9.2 acres of general retail and approximately 50 acres for single-family development. The NS zoning placed limits on the size and type of businesses that could locate on the site. Generally retail less than 4,000 square feet was permitted. The site was rezoned to Neighborhood Residential Mixed Use (NRMU) in February 2002 with the city wide rezoning effort. A variance (V03-0007) was also requested to allow for driveway spacing along Teasley Lane and approved at the March 26 Planning and Zoning Commission meeting. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map, Owner Responses, Responses) 4. Neighborhood Meeting Findings and Attendance List 5. Minutes from March 26, 2003 Planning and Zoning Commission Meeting 6. Draft Ordinance and Exhibits 7. Applicant submittal letter to P&Z and City Council Prepared by: Neighbor Autumn Speer Planner I Respectfully submitted: Larry Reichhart, RLA, AICP Assistant Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Zoning Request The subject property is zoned Neighborhood Residential Mixed Use (NRMU). The applicant must obtain the approval of a Specific Use Permit (SUP) to allow for the construction of a drive- thru. Existing Condition of Proper .ty Property History. February 20, 2002 - The subject property was placed in the Neighborhood Residential Mixed Use (NRMU) zoning district and land use classification by Ordinance 2002- 040. Prior to the adoption of the Development Code, the property was zoned Neighborhood Services with conditions (NS(c)). The subject property is currently vacant. Adjacent zoning: North: South: East: West: Neighborhood Residential 2 (NR-2) zoning districts - single family homes, vacant on the corner Neighborhood Residential Mixed Use (NRMU) - vacant land (remaining portion of property) Neighborhood Residential Mixed Use (NRMU) - small office parks Neighborhood Residential 3 (NR-3) - Sam Houston Elementary Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods/Infill Compatibility" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. Currently the areas surrounding the site are predominantly single family residential and small office park development. The proposed specific use permit would not be detrimental to the existing or future development of this area. Development Review Analysis Transportation Trip Generation. Significant vehicle trips will be generated. will be required at the final platting stage. A Traffic Impact Assessment ccess/Connectivity The site will have access from Teasley Lane on the north and east sides. Development Code/Zoning Analysis The applicam has proposed the construction of a drive-thru pharmacy. The Neighborhood Residemial Mixed Use (NRMU) zoning designation allows the pharmacy use, however the drive-thru use is only permitted with the approval of a specific use permit. Subchapter 35.6.5 of the Denton Development Code states that a Specific Use Permit shall be issued only if all of the following conditions have been found: e That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The operation of the drive-thru should not diminish or impair property values in the immediate vicinity as the proposed location of the pharmacy is located in a commercial area. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Property surrounding the subject site is being designed to complimem the proposal. Improvemems for subject property will be in cooperation with the future developmem of adjacem vacam property. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All necessary supporting facilities will be provided and details will be finalized during the platting stage. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; All proposed parking areas and driveways will be required to meet the requiremems of the City of Denton at the time of site plan review. A variance is requested for driveway spacing along Teasley Lane on the north side of the site. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Adequate nuisance prevention measures will be taken. No odors, dust, noise, or vibration will occur after initial construction. e That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Proposed lighting will not adversely affect neighboring properties and must meet the requirements of the Denton Development Code. e That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. All landscaping and screening requiremems according to the DeNon Development Code will be met. However, Subchapter 35.6.6 allows the Commission to recommend additional conditions on the proposal to protect the public interest and the welfare of the community. Specific standards are also required of all drive-thru uses according to Subchapter 35.13.11 of the Denton Development Code. A. Drive-thru uses shall provide sufficient stacking area to ensure that public right of ways are not obstructed. B. Drive-thru uses must be built as an integral architectural element of the primary structure and use. The materials are the same as those used in the primary structure. C. Drive-thru uses must be located to the rear or side of the structure, and buffered on the rear and side lot lines. The proposed site plan meets the standards for a drive-thru. STAFF FINDINGS The proposed use is compatible with The Denton Plan and the Denton Development Code. The applicant has met all requirements of a Specific Use Permit to allow for a drive-thru. STAFF RECOMMENDATION Based on above findings staff recommends approval of the requested Specific Use Permit as submitted. ATTACHMENT 2 Location Zoning Map NORTH Land Use Map ATTACHMENT 3 Public Notification NORTH Newspaper Notification Date: March '15, 2002 200' Legal Notices* sent via Certified Mail: 3 Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 1 · Neutral: 0 Percent of land within 200' in opposition: approximately 0 % Scale: None *Sites in the 500' notification area without addresses are not notified via courtesy notice. *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 NOT]:¢E OF PUBliC HEAP, The Planning and Zoning Commission of the City' of Denton will hold a public hearing on Wednesday, March 26, 2003, to consider making a recommendation to City Council regarding a request for a Specific Use Permit for approximately 1.5 acres to atlow a drive-thru facility. The site is in a Neighborhood Residential Mixed Use (NRMU) zoning district. The subject property is generally located at the southwest corner of Teasley Lane and Teasley Lane opposite Wind River. A pharmacy and drive-thru are proposed. The public headng will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within fwo hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you fee/about this zoning change request and invites you fo a~end the public hearing. Please, in order for your opinion to be taken into account, retum this form.with your comments prior to the date of the public hearing. (This in no way proh/bits you from atfending and participafing in the 'public hearing.) You may fax it to the number located af the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Affn; Autumn Spear, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment, Prior to the public hearings, landowners within two hundred (200) feet of the subject properly are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses in support and in opposition, Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change, These forms are used to calculate the percentage of landowner opposition. %~..~' ' ~ Please circle one: [,,,~ln favor Of request _~) Neutral to request Reasons for' -- - Opposiuo~l: - - ~" Mailing Address: ~ Ci~, State Zip: ~ 'Physical Add~ess of PropeNy within 200 feet: Opposed to request g-O3AOg: CiTY OF DENTON, TEXAS Z03-0007 200' N~ice CITY HALL WEST , DENTON, TEXAS 76201 · 940.349.8350 , (F) 940.349,7707 u-~-19-O_~AO9:19 RCVD From: To: Date: Subject: "Cindy Schleinat" <cindyschleinat@charter.net> <larry.reichhart@cityofdenton.com> 3/22/03 4:25PM Proposed rezoning of Teasley and Teasley I wish to make it know that I am opposed to the rezoning of the corner of Teasley and Teasley to pu in a CVS Pharmacy. School children cross Teasley into the Windriver neighborhood and anything that will increase traffic flow in that particular area will be a hazard to the children. Thank you, Cindy Schleinat 940-297-0588 2228 Hollyhi[I Dr. Denton, TX 76205 March 26, 2003 Dear Mr. Key, I am writing this letter as the Principal of Sam Houston Elementary, a concerned parent of a student at Sam Houston and as a resident of the south Denton area. First of all I would like to thank you very much for meeting with me regarding your plans for developing the property next to Sam Houston Elementary. As we discussed at the meeting the safety of our students is my greatest concern when I consider what should be built next door to the school. It would be great for our students if the property could continue to be an open green space forever, but all of us know that it has to be developed due to the property's monetary value. I think it is great that someone from Denton who is concerned with protecting the integrity of this area is interested in buying and developing the property. The fact that you had two students attend Sam Houston for many years and know the importance of student safety is very comforting to me. I certainly appreciate you agreeing to build the eight-foot masonry fence along the property line in order to help with student safety. Another concern regarding safety for our students is the amount of traffic that the businesses that are built on the property will cause. It appears to me that the traffic for this plan should be less than what has been previously proposed for this site. Student safety regarding the students crossing the two proposed Teasley driveways into the new shopping area is also a concern. It is my plan at this time to continue to have students walk on the other side of Teasley when they are walking to and from Southridge East, Windriver and Sundown Ranch. Having students use the other side of the road will keep students from needing to cross over the driveways into the shopping center and should alleviate the possible danger. Again, I do appreciate you meeting with me and I look forward to continuing to work with you as an involved neighbor of your new development. In writing this letter I am in no way speaking for or stating any position or opinion of the Denton ISD Board of Trustees or the DISD Central Administration. I have checked with the Superintendent's office and because the Sam Houston Elementary campus is not within 250 feet of the property in question the DISD Board of Trustees has not been asked by the City of Denton to give a formal opinion regarding this matter and in turn is not providing one. Sincerely, Teresa Andress Principal Sam Houston Elementary ATTACHMENT 4 PUBLIC MEETING FINDINGS A neighborhood meeting was held on March 19, 2003 at City Hall West. The following issues were discussed and where applicable optional conditions are detailed: Lighting concerns o The neighborhood is concerned about spillover lighting and after-hours lighting. o CVS pharmacy responded to say all lights are turned off after hours given sufficient time for employees to close the store. o On site lighting will be required to meet the requirements of the Denton Development Code at property lines. Safety for school aged children crossing driveways in front of site o Neighbors are concerned with children walking on sidewalk in front of the site and the potential for accidents at the proposed driveways. Safety for children playing in playground at Sam Houston Elementary and entering into site o Neighborhood wishes a fence to be built at the property linc between the Sam Houston Elementary and the remaining portion of the nine acres of vacant land. o CVS pharmacy is located on the hard corner of Teasley and Lillian Miller and will not be responsible for any buffering between the school and the adjaeent site. As the remaining portion of the property is developed a buffer, as designated by the Denton Development Code, will be required. Aesthetic issues o Neighbors voiced concerns about the buildings not matching the same design as across Lillian Miller Parkway, where offices are constructed to appear as single- family homes with Austin stone facades. o CVS responded that they were required to adhere to future design of the adjacent development and that they are constructing a concrete and stone structure. They have met with staff and made revisions to their standard facade design to meet the Denton Development Code Requirements for Site Design. Sales hours o Neighbors voiced concerns about the store being a 24 hour 7 day per week establishment. o CVS responded that the regular business hours are 8:00 a.m. until 10:00 p.m. and that they have no intention ofbelng a 24 hour 7 day per week establishment. Traffic congestion o A Traffic Impact Analysis (TIA) is required and will identify any required improvements needed to mitigate the impact of the development. Concern about commercial development adjacent to the elementary school. o Neighbors believe the existing zoning is not the proper use/zoning next a school Sales of alcoholic beverages, tobacco and pornography o Neighbors voiced concerns about the sale of pornography and alcoholic beverages. o CVS responded that they do not sell alcoholic beverages or adult material in any of their locations and do not have any intention to do so. 2 FROM Apr, 03 2003 12:25PH Pi Attachment 5 : ~T~MOJ~- F~: __. Condensclf'x 1 2 5 7 8 ~0 11 :14 15 16 17 18 19 20 21 22 1 2 3 4 6 10 I1 12 13 14 15 16 17 I8 19 20 21 22 24 Page 13 COMMI&$1ONI/R APPLE~ The next ir~n is a public h~ng ~d Aumm S~r wi~ ~e City PlannMg 8~ft' ~[11 p~nt and I'll op~ ~¢ public being. A~da I~ No. S ~nms a ~st ~ding a Sp~ific U~ P~it to flow a ~ve-~o~h facfl[~ on ~c apptoxhna~ly 1.5 acm ~ite l~d at t}~ s{mthwvst 7 ~ of T~ley ~c md ~llian ~ltcr ~d W~d Riv~. 8 ~old onjmr ~ ~n~ pl~. ~k you. 9 T~ r~r -- th~ ~ pm~, the .5 ac~ t~ in a N~borho~ Rcg~tial ~ U~ 1 ~n~g ~ct. ~ p~, ~proxim~ely 13,000 t2 ~ f~h is ~tmd by fi~t in ~s mining · s~ct; h~, file u~ of th~ ~vc-~ough d~ ~e th, g~t~g of a Sp~c U~ P~t. I As y~ em ~ ~ yo~ ~ch~p, pablio not[~ion ~d pro~ om~ ~ ~ provi~. 17 W~ do ha~ oao fuv~ab~ ~on~ as of now. ~d ~r~ ~18 ~ a~n, I pmvi~ a n~bor ~spon~ aga~t propo~l, ~t op~skion is ar rare ~rc~t. for 20 200 f~t notificafi~ ~a. 21 ~or to ~ Mopfion of ~is C~e of this 22 d~, it w~ in ~ ~mall -- it w~ tn a Nd~borh~ 23 ~wi~s M~ ~fions Zoning ~s~ct. ~ is s~v 24 hi~o~ h~d ~is ~ m this Io~on ~s you w~ al~ Page 14 p~ov/ded/n your backup. And I'm Sua~ you're ail aware Of. However, for this particular si~e. there am seven condMonl~ that the Specific Uso Pemfit must adhere m. The si~ as proposed do~ meet thee cond/tians. There am also flx~oe rvqu/rcments that a dr/ye-through uso mint meet. And tl~ drive-through uso, ir w can go tO ~e camera document Thh i, a n~w sys-~ The driv~-thr0ugh must bo to the tear or the sid~ 1 2 3 4 opposition? P~ge 15 MS. SP~.m~: i have one favorable in the 200 foot, ~d then I tmw a generic ne/ghbor opposition letter that was passed out ~arlier this afternoon. COMMISSIONER APPLE: Okay, But no oppod~ion wi~;hin the 200 MS. SPEER: C01'1'¢{~{:, That's correct. COMMI$SIONISR APPL~; Ttl~l~k yOU. And guess, are there any questions of staff? Wo~ld tho applicant t/ko to pn~ent? Oh, Commls$[oner Mulroy has COMMiSSlON~ M~i10¥: Ye~, Does -- when we're doing -- this is t~ que~ion for l.,arcy, When comidorin§ an ~U~, do we ~ve a si~ plm~ submitted as p~ or' the package? MR. REICHNAR. T: '1~[$ iS the S[~ plan tha~ is submlttcd as part of the package. And this is what they would need to build. And a,a we wea~ *arlier, th~ sidewalk that th~'re ,bowing along t~ froutage a~ thc comer of Lillim Miller md Teasley, it would hoed to be exl~adexi to th, intemx:tions of tho,~ roads as opposed to w:mpping mound like you're showing, So ti~ approval would ne~xt *o be exclusive of the uI~Lmat¢ sidewalk design. It would nccd to mini o~r standards. But the rmnainder o£ the rite is fine. Page 16 I COMMI.~IONIgR MULROY: Tl~ll'~k you, 2 C~M~$~lON~A~e~m ~ ~ ~p~t would 3 )i~ ~ p~cnt, 5 a~a, my nme h Ro~ B~, 1445 R~s A~u~, 6 DaRag, T~. 1 han~ 7~ out a pa~ ~g basim~y, 7 jugt g~ ~gh my p~am~on. ~d I ~n~t ~ i* 8 ~baflm b~ y~ ~0w, y00 ~ ~ow hOW t0 ~d, and of th, slte as you ~n see on ~s &awing. 'tho driveqhrough must be an integral part of ~ arcMtecture and the drive-through must ~lso pmvido sufficiem st~cking ama, As proposed the drlve-throush for tho Cvs 9 J'm not going tO bom you with it. l 0 What wv're hog tonight i, mtuesfin8 a ! 1 spec/al exception for a drivcqlu'ough w/ndow. The 12 ph,~macy u.~ by itself is allowed by fight in this 13 district. But ym~ do need aa sue for a drive-through Pharmao¥ dc~ m~x~t th~s, crltcrla. A neighborhood meeai,~g was held on March lgth of wh/eh specific detaila are aim provided ia your backup material. I did prey/de opdonal cond/tiong that could be pl~ced on the Sr, e~ific U,qe Permit to ad&egg a~ghb~ con~er~: however, staff doe~ fi:Id that tho proposed u~c is compatiblo with tho Dc~ltoa Plan mad the Denton Developm~t C~do. And we do reeomm~d approval with no ¢anelltlona a~ submitted. I'm available for any questions and the npplicant lg lmm, COMMI~$IONP. RAPPLE: ?lmnkyoll. Did you say you had ou~ favorabl~ r~pon$~ fro~ 200 fceA nnd no ! 4 window, Staff hos found that we m~t ~11 th, rotukomtalt, 15 for bo~ ~ sue and f~ ~ ~v~hrough ~ndow, and 16 ~0m~d/ng appro~l for ~. i7 A~ ~ know ~ia i~ at ~e ~ ofw~t 19 T~i~. We am l~king ~ rake one and a ~K ac~ ~t 20 0fa ~ml nJnv ao~ si~ m put ~e~aey, 13,0~ 21 ~mm f~t 9~maey b~l~ng. 23 i~ t~ ~;~, n~ro~m~ ~c.~an of t~ si~ wc'~ doing. 24 ~ yO~ C~ S~ y~ can a~U ~ ~ oki T~,~ R~d ~ 25 in ~c, You p~bably don't ~ow m~h a~ut ~s ~in~ PLANNING AND ZONING COMMISSIONER MARCH 26, 2003 Page 13 - Page 16 PROM : GTGMOJG- PAX NO. : 940 6885348 Apr, 83 2003 12:26PM P2 CondcnsdtTM Page 2 iu ~ Sta~ of Rh~e lsL~nd, 1~ h~ 97,0~ ~mplo~ 3 ~ 4,100 StO~s ~Out ~ Uni~ 4 eric i~ nine p~fip~o~ in ~ U~ 5 S~ is ~1~ it a c~ rh~cy. Most of ~ 6 ~ ~ oF ~ ~sissippi, ~ght now ~'s a push 7 in ~ ~a~Fo~ W~h m~opI~ as wdl as Ph~ix, 8 ' V~ and C~c~), ~a~i~ ~ phammoy ~ t~t ~ 9 ~ ~'11 ~ ~ ~n~ ~at ~m'fl ~omHy f~d in 12 W~'~ ao~ P~osin8 ~ ~{ any akohoI at 14 ~mHy ~om 8;~) a,m.~ lO:OOp,m. ~ydo ~ com~to l~ Wc~ ~, ~ know h0w ~ $it~ s~, 17 ~hg it f0r a long ~mu. And, ~ I Say, fl~ have ov~ 18 4, l O0 h 1~ ~ l~k for ~s ~t ~ a ~t of 21 ~fie H~t. ~d w~ look fez ~{ ~t ~ M~dy 22 , ~n~ ~{{ and ~at a~ on ~ple'9 ~ay home, 23 .. ,)~ , ~ y~.$~ on ~m {~ most of ~ ~Io 2~ ~ who ~11 ~ coming ~ ~e ~t~ ~tl ~ co~n$ ~ 25 Li~an ~ill~ and ~ng imo ~ ~aoy on ~h' way Page t A~d of tho.m lrlps, a~o~r a th/rd et' them come ~w~ 2 5:~ and &00 p,m. 3 ~ si~ ~s ~ ~i~t~ ~ ~t aU of 4 ~ ~W'8 ~~ f~ ~ ~ dis~iot for an 6 way ~o ~ si~ ~ wh~ it m~ - wh~ it -- 8 ~~s~ ~ ~~ita 9 ~ f~. ~d ~ Saw ~ ~dsua~ ~hu ~. 10 ~h is ~ pmpos~ lan~ea~ plan f~ ~e 12 ~{P~ of ~ l~a~ p~n ~ subuH~. ~in, I3 ~ ~ ~ ab~t ~ ~o~ ~n~TM, 14 ~i~ by fi~t ~c~t f~ ~ ~Jve~auu~, We're 15 as~ng for p~s~ion ~ build ~ ~iv~, 16 II's ~n ~l ~m~n~t of all l 7 p~aci~ ~ay, s~d-alo~ p~maci~s, IVs a I8 ~n~l~ca ~t phoney c~m~, t~ f~ ~ud ~ 19 ~iaHy mo~s who have ~ h ~ ~, it's a lot 20 ~i~ ~ p~l ~h ~d ~ ~ p~u~p~ ~ 21 ~ utfl~di~ ~ ~t~ ~ially ff ~'~ si~ and 23 ~ ~ou~ ~dow ~ ~ 24 ft~ T~si~ ~ by ~ b~l~ and from ~lHan ~ 25 Par~ay by ~ und s~lbs, An~ a~iu, it m~ ~ of 19 Page 18 hom~ to plok up either pr~cription drugs, milk, bread. 2 ~qo we think that mo~t people will be us~g ~ Lill~n 3 Mill~ ~m~ to th{s 4 We l~k~ a ~is si~, [~k~ at 5 d~aphlc~, l~ked at ~c ~ffic coun~ ~d tbund ~at '6: ~is si~ ~ a~ the ~ui~m that they like ~ :' ~ sm~. So ~at's Why we win[ B~d ~th it. 9 worth8 wi~ t~ ~chimcts of the rmmin~ of Tea~ley 10 Cement, ~s ~ ~[ o~ h~, so ~ of our build(ngs H ~11 l~k fl~e. ~e pr~ building - this is a ~2 ~fion of ~t it*s going to look l~c wi~out O of~ hurdles in it~t. 14 It will have stone m ~s he,om md thru I~ ~s~ ma~l~ up fr~ ~d ~11 ~1 mmch ~c futm 16 b~nga ~at ~ ~ound k. g w~ aim ~o two of lg ~ on Tc~Icv ~d ~n ~ ~o on t~ ~u~ *i~ of o~ 20 ~S is ~ ~te pta~ of ~e sm~. ~t ~is [8 ~* ~ive~ we thi~ flint mom p~ple will 22 eomng in. ~s is tI~ drive-through. It*, a tingle 23 ~ndow wi~ ~o lme~. We ex~ ~ -- 24 in ~e D~las~ W~ ~t~plex is that ~ivo-theough~ 25 ~t o~ CVS f~[litie, av~e ~0 more ~m 90 ~lps a day. Page 20 ! thc rcquirem~ts of th~ D~nton I~ve[opmunt Code. 2 We thi. k it's a reasonable request, tt~ 3 drive-through window ,ite at this lormtion. This property 4 can be usexl for a lot of other retail uses by right such $ *s convenia~cc stm~ a straight retail f~oility, hotel, 6 ~ theater of Ie~ than a thousand soa~, a n~lmurant, ? private club, day-care or a medical center. 8 We expect the traffic generated by dae 9 Pharmacy to be 1,000 trips a day or trip ead,, which lO rypie, ally SOO ear~ ia ~e site, you know, a ~p ~n eondng 11 and going. Of those trips, approximately 90 will be using 12 the drive-through and nmst of tho,a trips, Iarg~3t 13 percentage of them will be coming between :5:00 and 6:00 14 p.m. as people come home from their work. 15 The trip g~neration rate for oLher 16 that are allowed on this sRa for the sam~ 13,000 square 17 foot site, if you put a convenience store the~, you'd get 18 11,200 ttlpg ace, ordlng to the rte n-amua{.. 19 Regular retail store, 2,300 ~ps; a 20 finan¢ia[ in~itution without a drive-tkrough window, 21 2,000 trips; a ~e~taurant with a private club, over 22 trips; a day-cam center is right at 1,000 trips like the 23 phammuy. 24 We hope tha~ you agree that this is a 25 re~sonabl¢ tuque, st I'm he.~ to answer a~y que.qtlona you PLANNING AND ZONING COMMISSIONER MARCH 26. 2003 Page 17 - Page 20 FROM : GTGMOJG- FAX NO. 3 7 9 10 14 15 16 17 24 1 2 9 10 11 "12 13 14 z7 ~9 :.22 : 948 6865348 Apr. 03 2883 12:27PM P~ CondenseltTM Page 21 W~ ~ ~a~ ~v~ all ~ ~ ~a~ ~obably on~ 0f ~ ~ on~ ~t could go ~. ~MMI~ION~ APPL~ 'r~ ~Ssbn~ Roy. ~I~[ON~ ROY: Sir, I ~]iz~ in ~ :~ial ~al w~ ~ p~ fr~ yom noi~bor~ ~tin~ ~ was a ¢ommoat ~, BAL~IN; NO~ $~, ~at was a Ciw s~ff ~d~, W¢ don't ~ an~Mng m ~ 1,5 ac~ in ~ com~. ~d what wo'~ -- w~ ~n't have a~ r~i~n~l or seh~l adjacmey ~t ~ o~ p~ would, COMMisaIO~R ROY: I m~d~nd &at. Bm WhO ma~ ~ ~a~t and is it Page 22 COMMI$$ION'~.R APPLE: My Snydc. r would like, lo m~akc a ~t. MR. S~ER; Rely ~ p~k~ i~ is not ~ly ~e ~ ~is p~tieul~ ~ming ~ b~ -- ~is prope~ o~er is j~ ~ for ~ ~'' ' ' COMMISSIONaR aOY: ~ malim tha~ Sir, b~t it's in ~ b~p ~efial md I ~ it's for o~ con~fion in m~g ~s ~cision. ~l~om~, ~ w~ neigh~rh~ con~m about ~e playgrotmd area between Sam Houston Elern~r~ry and tl~ 12 remainder of the site, and they spoke about talking to the developer of the future s~ven and a haft acres of the sit~, puRing up some type of wall. .' A~d I just wanted to clarify that there v~d!l be a hurter requls~ whefl~er it bm a gix foot with ~ foot. land$oape, 30 foot buffer -- ther~ will be a buffer required at tl~ further t~sc of that d~veh~pmant. This site in particular doesn't have maything to do with ~ as Mr. Snydm- mid. ! ~uat wa~tod to add~oss nzighbor ~on~om in tho backup. COMM188IOI'qI~R ROY; Okay, I tmV~ this scooted qtR, st[oa which is perhaps mom dircctty to -- or is more directly tn your issue. You stated that it is your P~go 23 I Lntention not to ~l alcoholic be, ve. ra~? ~; MR. BAI~; y~, ~. 3 cO~Ssl0wEa ROY: 't~ ~$slMc ~tion a ~at ~s ~ by ~f h~ ~t ~c ~ff -- ~d I'll 6 ~ sale or ~bufion of ~ho~o ~v~es or 7 pom~hlo maim on ~ 8 ~ctM~ ~t you couId live wi~? 9 M~ BALDY: Yes, sir. 10 ~m~ ~}ut -- ~ do not c~ pom~phio 11 ~d wa do ~ ~ a~hol in ~r~s m T~, but 12 t~e's ~ ~pI~ who wouM 13 I}la~a~ S~I is~ p~pMo. We do 14 Spoas ~. Bat we d~'t ~ P~yboy, t5 ~t~um, or ~y of ~o~ o~ ~es ~at I would 16 ~sid~ ~rno~pMo ~t~al. 17 ~sSIO~ ROY; ~ yOU for your 18 e~t, 19 M~ BALDWIN: ~$ l0 CV& a¢ fl~ in fr~ ~ Isled f~ ~ ~ng. 2I ga. SmW~N~ ~at'$ ex~y ~. Wc do 2~ not ~a~ thc quo~ ~$ ~ 99 ~mt of us would 23 thi~ 24 COM~IO~R ROY: Ma~ Page 1 put this in th~ record? 3 ~ ~t ~ Mr, Sn~. 5 applicant h~ off~ a ~n~S to put ~uch ~n~on on 1~ S~M U~ P~L But ~'8 ~ in 7 ~nd ~at t~s is a Sp~I U~ P~it f~ a ~v~ ~d not ~ ph~oy il~. ~d wh~ y~ pm a 9 c0m~tion ~a ~ Sp~ial Uso P~% ir shoMd be ao~w t t~t's ailow~ by ~e app~t ~S 0t~ t0 do it, b~t 13 qu~fion ~ enfor~bili~ of ~at 14 ~MM~IO~ ~Y: You ha~e 15 on ~s, but I ~ f~ s~f ~t ~is w~ 6 ~ eO~ifi0n~ ~i ~ w~ at~ting ~ 17 ~d I ~w to yo= j~t. 20 w~ baa~l on o~ ¢onv~a~ons at ~ n~ghbo~ 21 ~at ~ app~cam ~d o~ ~t ~ w~ ~t 22 ~ s~lla 24 ~b~ w~t i~ adja~t to ~. It's an 25 sch~l. PLANNING AND ZONING COMMISSIONER MARCH 26, 2003 Page 21 - Page 24 FROM ~ GTGMOJG- COMML%-c~fO~;a MULRO¥; ¢~] a point of ~d=. ~st of all, I'm 4 ~th~t ~, condiaoas m~a I don't ~ why ~e ~ condM0ns ~ ~, ~'m misdoing ~ ~scus~ion. 6 ~'m not ~ane ~ ~ &'i~o~ window, 7 ~ ~t's ~ ~ n~ ~ put o~ a~tlon. 8 W~ ~v~ s~s ~on~da6oa oft~ 10 ~ y~ ~ts ~ ~ ~y by s~ff not I 1 pa~ of ~ir ~datloa hie a ~slble 13 to ~o~ a ~t o~ ~ay b6 ~nt ;o buy ~at b~ldi~ i4 ~ ~o zoa~g in ~ct. ~ t'm ~g a ~im of ord~ 15 on ~ ~scussio~ ~a* ~a't ~anc to 16 ~v¢-~ugh window. ~nk you. ,17 COMMI~IOR~a ~Ls: vh~ you, '1 i Co~ssioncr M~oy. 19 ~ ~ a~ y~ as~ag - well, I'v~ ~dy sm~ ~r I just want y'all to con~6ons you phc6 on ~ s~ sho~d p~ose of ~ s~ aaa not ~ uae ~'s a~w~ by ~t. ~8, like I ~aid, ff~ applic~t FAX NO. : 9~;0 6865348 Page 25 Apr. 83 2803 12:28PM P4 I On tlmt dlasram tM aaffic flow through .- 2 traffic flows through this drive-in? 3 ~ ~tLL~w~: Okay. ~ I ~ anotl~x 4 dlasram that rai~t b~ ta:i~r ~o 5 COMMI~oN~R HOLI~, Y~ah. 6 MR. BALDWIN: We SUsp~£ that mo~t of tho 7 traffic will come down into Lilldan MtllOr and whan thi~ 8 center ia built; wo'lI loop arotmd and como in ~ way 9 and tl~ back down Lilllan Miller, Thca~ will b~ a0nao 10 trsfflo that will come off' Tcasl~-y anti will most likely I 1 com~ in th/s driveway dowl~ hero thmulth ,md ou~ -- or back 12 out t/a~s way if they n0cM tO go~ ~ a medho brink if 13 thqt'm trading w~t on T~ley. 14 COMMISSIONI~/~OLT: olqay. 15 MR, BALDWIN~ Bllt fha. purpo~ of Icmating i6 th~ store he~ is ~a catch ti~ traffio that,~ h~tdia8 17 south on Litlian Mill~r. 18 co~r,e, ssIor~.a UOL~: okay. If I'm 19 off of Lillian Mill~, y0u take a rlghi into that 20 driveway, then what? 21 M~ a^LDV~: wull, you'll make a - you'll 22 ~ basioally, make a Il-mm, 23 coMM~SglO~nm r~OLT: a big U-turn -- ~4 MR. BALDWIN: ~$ COMMISSIOI',~R HOLT: ,- black ill thca"e. And Page I willing to agrm to ih rhat'a one thing, but I do 2 question wh~th= that provision would be enforceable. 3 COMMI$$IONFAt APPLE: Thank you. 4 C0mmisslonex Pow~ll, ' S ' ~ % ' ' COMMIBP, IONER POWSLL: I've gO; a llRlch ~: easi¢~ qi~stion, much leas controversial. I wan; you to ? repeat for me, agaln, tlm houf,a the gto~e will be open and 8 tl~ driw-tkrough window will b~ ol~ri. Aw khey the same? ? Are tl~ dlffea~ntT. 11 I think on $tmdays they clos~ at 9:00, 12 MR. MLVERMAN: Yeah, normal hours on Ia Stmday from 9:00 to 5:00. I4 <OMM~SmONF_R rowm.~: an that would b~ for 15 ~he stare and the drive-tttrough begat~ mogt drugstorc~, 16 phaemaoi~, qunz, tmquote around her~ nowadays am open 17 24hot~, A~d that's Why )"m a~king, liust want tO 18 mak~ sm~ I nnder~mod what you .~aid. 19 ~ a&LDwn~: we found it's very difficult 20 to ~ a 24-hour storo stMafcd with a [ice~asc~ pham~a~l.~t 21 all alit. And it's hmr~l to l~coup d~ costs of ke~plng a 9:l pharmacist on d~ty, 9.3 G'"OMMI$$IOI',IE.R POW~LL: TI:rank you. 24 COMMI.$$1ON'Z.R ,~4,Pr.~: commlsslonm' Holt. 23 (XSMMI~Aro'N'~R nor.T:, Y~. Cotlld 5tou show me I 3 4 5 6 7 8 9 IO ii 13 14 17 18 ~0 21 22 23 24 25 Page 28 then wh~rc do you come out? MR. BALDWIN: ~J. tJ:~r sou~ on L~an Miller, t~s ~ht -- hem, ba~ out, ~d ~ that way, ffyou're ~ading ~h ~ Lilli~ Mill~. COMMISSIONER llOLT: YOU ~ne b~k acro~ ~t lane of MR. BA~; Yea, ma~. b~ ~, ~at li~le bl~k line ~t h~, %ey'll come o~t of ~e d~ve-tbco~, back do~. If t~y~ h~di~ ou~ ~'~ ~ntlng he~ west ~ T~y or ~at on T~i~, h~, go back ~o~ ~e c~ ~d ei~ h~d ~is way or ~t way. Again, ~'~ ~lMng may~ ~ ~e's not a -- ~e~'a redly n~ a 10t 0f v~hi¢l¢ a~tivity at ~ ~vo-th~b. COMM~Ss~ONaR HOLT: W~11, I'm a litfl~ bit ~ and thut Io~p 6~tm~l~ back ~veled. And to ~e oat ~ ~t -- & you'v~ go~ yo~ p~acfipti~, ~me a~o~ ~e line of ~ffi~ ~ get in ~at o~r -- md ~ to gn r~ht nn Lilli~ PLANNING AND ZONING COMMISSIO~R MARCH 26, 2003 Page 25 - Page 28 FROM : GTGMOZG- FAX NO. : 1 4 ? J! 17 18 22 24 2~ 940 61~6534B Rpr'. 03 2003 12:29P~ P5 Conde~s~ItTM Page 29 Miller is going ~o be a -- MIL P, ALDWIN~ WO1L ~'~ -- k~ in ~ ano~r ~v~y do~ ~ as ~ at ~st one d~v~ay, p~bably 200 f~t down, aud ~y~ ~ossibly ~o. ~ flow ~R m~ mom l~sc when - ff you saw ~ ~ si~ p~, it wodd m~kc mom but I don't ~w a ~py of ~e si~ phn, ~a~ it's not a bit oF E~ncc h~ b~ s~n~nc puUs in. ~d ~ c~, ~o*s thy wh~dow. As you ~n s~ thafs about ~e ~ ora c~, you ~ow, about 20 f~L 18, 20 ~. T~ ~ ~ ~ c~ up ~ und s~ck b~nd h~ to if ~y's pulliug ~ o~ if anyb~y's coming down e~ ~t ~d ~ quic~y pull out h~ s~ ~ ~'v8 supp~ ~o~ s~ckiug b~ ~ ~n~w and in from of ~ Mnd~ ~ o~ to Pag~ 31 ~ reqm'red iS a conve~itmce, but ~om~g ~:at you cnn't 2 comp~o without? 4 ~o~ wA~: I app~ja~ ~ 5 O0~n~ ~b~t ~ ~o~ ~d c~ ia ~ ~ ~d 6 wha~. I'd ~0 ~e ~ add ~ving had so~ ou~a~t 7 ~r~, g~c~ ~a ~lly don ~ wan~ ~ go i~i& 8 m visit 10 ~MM~IO~ WAT~: ~ ~at 18 ~ I con~ienco ~o ~ fl~ c~qto~. ~k ~, 12 ~)~~ ~b~ ~ YOu. 1 ~O~'t 14 ~ s~w~; ~ you want ~ ~ 1~ ~s 16 ~M~oN~ APP~ ~. ~y riel f~ the 18 ~y~ whM~ ~ ~. ~ E~ anyone h ~v~ of ~ 19 i~ ~t wi~ ~ sp~7 ~ YOU'd c~ f~d and ~va 20 yo~ ~am0 ~td a~, pl~so. 22 PMnMng ~d ~ui~ ~ssion, my nm~ is ~ ~I 23 wi~ ~ Ptanu~$ ~p$~ 782~ Nin~ ~ B~d~ Road gu Fo~ W~, 1 apol0~z~ for not f~ng ou: a ~ to ~ve ~ y~ p~r tO ~is. But ~ you for ~H0wlog mo Page 30 I peoplo to stop, scc if any cars ar6 contitlg~ aitd ~ pull 2 out, It's not a~ quick of a movc~ncnt as it look~ on fl~ 3 smaller scale. 4' · COMM£S,ilON2R tiOLT: Right It lcmlced lik~ $; it Was just--': ,. ' (~ MR. REICHBAR'I': ldght. That'g why ! wanted ? to point out oa this $calr~ it - as you can s~o -- 8 COMMIP,,.~IONI~a ItOLV: aO t~t'$ all - that 9 was my main concm'n, I mr, am I think tl~: drivc'-through 10 -Maclow is a gr~nd idem, But I w~s ¢oncmmed about that i 1 boltl~n~ck - I mean, it looks ~ a bottlcn~ck right 12 these. And if tlmt'$ been worked nat by .~taff-- ! 3 ": MIL BALDWIN: WeLL believe llle~ thRt 14. drive-through whidow has ~ moved around tm,ii we got -- i :5 we got:it to just tho right spot whore it worked. 16 .. COMIdlSSlONER I-IOL~ okay. Thank you. 17 ~m. BALDWIN: YO!.1'1~ welcome. 18 ¢OMIv~IONIiR APPL~: AS soon a.s I' havl$ my 19 ow back, i'll know who w~s vc~t to sp~k. It's laklug 20 tlm:a a minute to pull k up, Commi-~ioncc Watkius, 21 C~MMISSIONEaWATK~S: Thank you, Madam 22 Chair, 1 ~st~,n~ th~ ~ha~ ,,his pl~ h ~.t~s£actory v~th 23 you as tbs applicant? 24 MI~ BALPWlN: ¥¢s, 25 COMMISSIONER WA. TK.k',I~ O~y..And ~hc SUe Page 32 I lo com~ fro'word. 2 I'm haze, not only Jri favor of this 3 i'or the C'~ l'harraaoy, bu~ also on b~:half of t1:~ proptl~ty 4 ~ f~ ~ ~ind~ of ~ zi~. I'm h~ ~, ~ hopd~y, answ~ ~y qu~fions ~at y'all may Mw for 7 ~ ~ of ~s pmp~ ~ g ~ ~s is a ~W ~1 ttso for ~is ~oafion and as 9 ~. B~dwin pOin~ out ~ ~, ~s 1s a u~ f~ 10 ~l~-~ou~ faeiliW. ~ ~ o~ u~ ~at would 12 ~at Could ~ssibly ~ s ~ ~m of a ~fic 13 ~ a 1S ~t you a~ ~y lave. ~d I wiB ~ho M av~bl~ For 16 ~ q~oo~ a~ ~ h~ng. 17 ~M~t~mpz.~ T~k y~, I ~n't J 8 ~ any quc~on$. ~ ~ ~yon~ ~se who wo~d 19 s~kia favor of &o i~? Y~,s~. ~you'Rcomo 20 d~l and ~ve y~ n~e ~d ad~s, pl~. ~1 ~ M. I'm~nt ~dlm~ ~ ~1 pas~ for T~sley ~ons. 23 ~int ant ~at ~ haw w~k~ ~ tim noigh~rs, Wo'w 24 ~l t0 WOrk ~a ~ pfin~ip~ o~ st ~ s~l, 25 I've n~ wi~ ~ ~al fim~ nM ~l PLANNING AND ZONING COMMISSIONER MARCH 26, 2003 Pago 29 - Page 32 FROM : GTGMOJG- FAX NO. : 940 8865348 Apr. 03 2003 12:29PM PG CondcnsoltTM Page 33 ~ncl sho E-m~filed mc a lcT~.r tod~y, wl~ch t'd ~c ~ givv 2 ~0 yo~ ~e I ~i~ i~ will ~p Ym~ gu~ s~ w~ ~ds On ~ iss~. 5~'S in fav~ of it, ~ 4 it'S a g~ proj~t for ~ ~. ~d s~ knows wl~ 5 is, 7 ~a ~,, w~o's ~ p~olpal of ~am ~omtou ~0 ~ g~ Ho~ma E~at~, ~d Aat might ~s ~m~ of 0 t l Y~/ss~, J~, 12 ~M~IO~{ ~PLga okay, 13 ~. ~: ~d any o~ qu~flon,~ or 13 t4 oo~u~ ~t you ~ have, l'd be ~d to m~w~, 14 I~ ~o~ ~: 'r~ you. Is ~ 15 1~ anyon~ ~e ~ w~ ~uld ~ko ~ s~ in favor of 17 i~? I ~v~ one c~d ~ sp~k in op~osi~on. Mar~ 17 18 ~gh~. 20 at 1143 ~t~t, w~ch i$ fi~t ~ind S~ H~ts~n in ~ 20 21 ~t Oak~ n~b~h~. ~ conc~ a~ ~ c~b ou~ 21 ~o~ conc~ is ff ~ don't mhe any 23 2~ con~m~ about ~ ~iv~, is ~at ~ing a 24 25 p~t for t~ ~t of ~ lot ~ ~n ~ cut up and a Paso 34 I M..eDonalds c~mo in or a ga, station sdling alcohol right 2 th¢~ by tho sohool? That's just k;nd of some oi~ out 3 concerns about it, 4 ':~ - ' I'm not totally against -- I mcan, the 5 pharmaey'would bo great. It's just ~t · we d0n't wonT 6 ab~t a d~v~ w~t 7 Sch~17 I've ~rd ~t it's going ~ ~ a ~p, ~u 8 kn~. fi~ h Mhd of = "L,' and Ij~ di~'t know if 9 ~t was s~ in StOt~ ~ &m ~t ~ going ~ be so~ off ',0 lot by lot, you ~ow. ac~ 11 ~t'a ~u~t w~t 12 flint ~t'~ what my n~ghborh~ ~$ ~lEng about an~ some ~13 o~ pmm~ a~ ~ S~ Ho~ton. ~t~ you. 14 · , ·; ~toNmt 15 ~yon~ ~1~ who wouM'~ to ~< in opposition'? I6 MS, V~m: ~y n~e is ~ V~&~. I live I7 at 2001 Sou~d~ ~ve and l~m ~ pr~i~t of tl~ Sam 18 Hou~n ~r~ ~d I'd li~ ~ ~a~ o}:r canon for lg ~e mf~ g ~ ki~s ~t will bo walking baok nod fo~ 20 ~ school in ~at 0f ~is p~aey, in front 2i ~v~ays, I'd ~o soma consi~fion ~g given. ~ ~'s ~o c~b cuu p~0y. Th~ aro not ~i~ u~ 23 ~a~e ~ pm~ isn't 24 So I think ~ 25 ~na~ng one of ~e e~S .eu~ so ~t ~e kids would Ot:ly lmve one dhvo~ay to walk acre. s ia~t~ad of two. divi~ ~ p~ and ~f~ ~ c~l~n ~ I'd l~e ~ ~ ~t ~ ~fing ~d ~ a s~pulagou oF ~ng a ~V~o~h at ~a~ p~. And { do have ~ ~e con~ ~. ~i~t has as fa~ as ~ ~ se~h~ n P~t by ~v~g a ~v~ permit to fltis property? Would we haw ~e probkan of MoD0~M$ m~n8 in -. Mcduff& .- anyb~y, any faa f~ ~t Ms a ~v~ p~shg ~ p~ ofp~ ~t is - woMd M ~ c~ ph~cy and 8~ H~tou S~I. I ~uld ~Ily have s~em~.g ~ ~at goi~ in ~at p~. At ~'s no ~a~. ~ ~ ha~ ~ ~s and no~g is in ~ ~at ~ won't ~ bus~s or somo o~ h~J~s ~t's g~ ~ cau~ a ~gh tone,on. I don't know if v~ · ~, ~ b~y in~'s~tion. ~d ~ ~ a t~ of ohfl~ o~ss~g o~ Li~ ~, ~0ssing o~ T~sBy, wa~ to ~nd from so~t ~on't want our o~l~n ~o ~ ~ dan~. P~ge 35 Page 36 traffic at'adios nay ~ecl to be done Imfo~ you ~e yo~ ~d~on. CO~SSIONER APP.: T~t'~ a w~ing, You atill have a minute ff you Mve aa~ng el~ ~ ~y. MS, V~DS: ] ~ink ~at'a g~ ~u~ ~lSSIO~ ~PL~: okay, ~ you, ~n. V~. 1~ ~ ~nyone el~ p~t who'd ~ ~ oppodti~? Ali ~t. Wo~d th~ ~pplic~t like tfl~ for t~ q~i~s ~at mbut~l ex.pt to say th~ we ~ ~a~ a S~ific U~ P~t~ for a driv¢-~ ~dow m~ ~n~ hem, We r~ink it's ~nable ~d we ho~ you will ~n~r it, ~vc it fhv~ble ~&fiOn. ~k you v~ ~ch. you ~ve ~y ~er co~? I'~ c~ ~ public COM~IONER ~OT.T, Y~ I have a qu~ion f~ Mr. Reichh~, CO~IS$ION~ ~PLE: Wo~d you ~k in~ yo~ ~phono, pl~. COM~IO~R HOLT: If we -- w~ we vo~ PLANNING AND ZONING COMMISSIONER MARCH 26, 2003 Page 33 - Page 36 FROM : GTGMOJG- FAX NO. : Apr. 03 2003 12:30PM P? 940 GSGSJ48 COMMISSIONER tlOLT: Y¢$, Page I on thiS, ar~ we voting on this specific traffic 1 2 ~figumti~, ~7 Pm still wo~i~d ~bout ~l~t, ~tl~ 3 ~iv~-~hro~h, YOU know ~ BUP ~e ~c ~v~-~ro~h~ 1 3 4 ~i1 ~ voting for. I ~ a little worried about ~t 4 ~ ~ti~ of ~at ~v¢ in md out And ~ if worm 6 v~g on ~s, ~ we vot~g on ~at ~y, ~so? 7 MR, ~I~Tr yOg. 7 8 cO~lo~ ~oL'r: ~ ~em ~y 8 9 I0 M~ REICHHARTI W~I, {~ my ~cn~, ~d 10 11 I'H be hone~ I ~v~'t ~ ~ough a P~mW 1 12 ~vo-~. B~ ~g W~'s Ph~acy -- I don't 13 ~ ii ~ w~ Put ~ mind at ~ or not -- is ~ 14 s~fl~ ~ ~. It's ~o~ ~o ~0nt'of ~o building, 1~ EonS, ~d ~oy ~y h~vo one ~, ~d ~m tho ~o 15 ~w~u~ Iane~. ~d~OPle do ~v~ ~ ~d ~ to~ 1 ? ~md v~ ~ily to ~ to that, 17 1~ CO~I~IONER HOL'r: But you'~ looping oat 19. On to a O~-~y *t~. 19 21 ~r, ~¢y'~ l~plug into ~ ~iv~Rrou~ ~ oppo~ 22 lo -- not ~ ~i~ but ~ get ~ ~ ¢~, it'¢ a vc~ 22 23 s~l~ l~yout. ~r~ ~e o~ ~s to g~t ~ ~ides 24 ~at, ~. 24 25 25 Page 39 nm'ghbors h~ve, w/.~o a ti~t food r~m~aot woukt hi~ flow, ~d ~'s -- you h~, ~,~ mmlty differ ch~c~s~cs, $o a~p~ving ~is p~lacy, bas~ on how Y~ appwv~ i~ ~ what y~ ~o~da~n i~ But ~ don't ~ow w~'a ~ovos~ on ~ ~udff of T~ app~can~ i, doing s~c con~l ~s ~g~ now and ~g ~ mn~. ~ you ~S~tO~ gO~T: ~ba~ you, COMMISSm~tAPPL~ ~ssio~ Mu~oy, ~'s no o~ qu~fiona, Pm ~dy ~ ~ a ration ~t any ~ dfiv~ wo~d ~ ~bj~t m an SUP ~d $¢~ny bF ~ pab]i~ m~d t~$ board, tM sup and ~ siZ phn ~,lusivo of ~ final OOMIvlL~S'fONER POWELI,,: ,~cond. Page 38 i · MR. REIC. HHART: And thoro aro~ yell know, at 2 tenet two other alternatives to get into ~ ct~. ~d ad~fi~ ~veway'f~her do~ on T~sl~ ~t you 6 CO~?IONER HOLT: ~d w~'$ going ~ tho 7 o~ ~de, w~rc that li~ ~op~ that do~d line? 9 ~ m ~ mom ~veway or is ~at going to ~ - [0 MR. REICH~RT: Wall, what tMy'~ 11 is h~t~ ~veway. Obvio~Iy, fl~y ~ ~ build 12 ~o~h to get ~ dfi~ways in ~ ~t. ~ you'll Mvc 1~ ~ ~o ~v~way ~dt~. ~ you'g have m~er si~. 14 Now, w~th~ ~'s a ~ ¢lmn~ or a b~ or ~y I5 of ~o p~d u~ out ~, I don't ~ow. 16 I m~n, it ~uld ~ mme~ng i7 m~d M a b~ ~t would ~u~ a ~v~o~ ~, 18 ~o and it ~Id be -- q~ hone~ly, a MeDonald~ could 19 e~ fo~d ~d ~u~ a ~ve-~ro~h ~m. ~y, 20 w0~d need -- 21 CO~IdOIONER ~OI.T: BUt th,y WOUId ~W to 22 have ~n sup for 23 ~, ~IC~T; -- 8n SUP for ~t. You 24 kno% one of ~ ~gs about ~ pham~y, 25 low ~ow ~~h ~v~ the ~n~as Page 40 I C~MMlg,~IONER APPLIE We have a ~ and a 2 a~nd, 15 ~ any dlscu~ion? 4 y~, maim. ~ my l~hfs om 7 ~ a~k o%~ l~al ~mff and myb= ~. 8 smo, ci~ or bo~. ~ t~ sore= ~smnce 9 ~u~enm ~ ~ City of ~mn as I0 s~ alc~ol to a scb~l? Is ~ a dlsmce 11 1,~0 f~l, 20 f~ or so~ng ~e ~a~ and ~o sob ! 3 14 ~d if -- I'm not gong ~ 16 hat I'm not ~. 17 M~. g~D~: Y~. ~ a~ 19 sch~l and ~ - I don't ~ what ~ -- I ~nk 20 it'~ 300 f~ but I'm not ,~, And ~n 21 ~smnc~ ~ts, ,re ~r¢ no~ in o~ Ordnance. I don't ~h~ orr ~ ~p of my ~d wMt 23 ~t i,, wMt ~ distance is, bm ~ 24 ~m~ for ~ of ~os~ usm~ ~ ~t ~d 25 s~ol. PLANNING AND ZONING COMTMISSIO'b~R MARCH 26, 2003 Page 37 - Page 40 FROM : GTGMOJG- FAX NO. : g40 6865348 Apr. 03 2003 12:31PM P8 Coudense~tTM Pago 4 I COMMI~,gIONF. R POWI~LL: Thim it wouId s~ l 2 lo~l, not ~ni~t, but s~alm~ in ~ n~r ru~ 2 t ~t cit~ ~ d,vcl~ Or ~c Ci~ publici~ ~osc, so 3 4 ~e ~ple ~t ~vc con~ about ~ sch~l can ~Ow 4 5 w~t ~'~ up ~aiast, 5 9 ~nc, on alco~l sales, fl is ~OO I0 d~fmntd~. For aa ~sitis l,O00f~s ~c lO 11 crow ~ pmp~ Eno to pro~ ~ne. I 1 I2 ~ro~ ~w~tn~ I ~nk ~at'8 g~ 12 13 t~ ~o pub~e ~ ~ow. ~ank you v~ mu~h. 13 15 ~g. W~ have a mo~on and a s~Ond, 16 M~y. 17 co~astom ~y: if I may ottk tmo 17 19 ~mlty~rm~ bmln~ss. 20 co~t~to~Roy~ tj~l fo~d ~t out. 20 21 co~Io~a ~PLB: 'rh~k 22 ~ssion~ M~. We do ~vc a motion sad a s~ond, 22 23 S~ng no ~ discussion, vo~, pl~, Moton 23 24 c~ 7~, 24 25 ~, B~DW~: Thank you a~ v~ mu~h. 25 I 2' 4 5 ? 10 12 13;, 14 15 16 17 21 22 24 Parc 42 1 2 3 4 6 7 8 10 11 I2 13 I4 t5 17 19 20 21 22 ~3 24 Page 43 Page 44 PLANNING AND ZONING COMMISSION'ER MARCH 9.6, 2003 Page 41 - Page 44 Attachment 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR. A DRIVE-~U FOR A PHARMACY ON APPROXIMATELY 1.7 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE (FM · 2181), LILLIAN MILLER PARKWAY AND WIND RIVER LANE, WITHIN A NEIGHBORHHOD RESIDENTIAL MIXED USE (NRMU)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0007) WHEREAS, Robert Baldwin, on behalf of CVS Pharmacy, has applied for a specific use permit to allow a drive-thru for a pharmacy on approximately 1.7 acres land generally located at the southwest comer of Teasley Lane (FM 2181), Lillian Miller Parkway and Wind River l_ane which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"), within a Neighborhood Residential Mixed Use {NRMU) zoning district classification and use desi~ation; and WHEREAS, on March 26, 2003, the Planning and Zoning Commission recommended approval of a Specific Use Permit for a drlve-thm for a pharmacy; and WHEREAS, the City Council finds that the Specific Use Permit is consistent with the Denton Plan; and WHEREAS, in accordance with Section 35.6.5 of the Development Code, the City Council finds that ail of the following conditions exist: The use is in conformance with ail the standards within the zoning district in which thc use is proposed to be located, and in conformance with the Denton Plan and federal, state, or local law; and The drive-thru for a pharmacy will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within tile immediate vicinity; and The establishment of the drive-thru for a pharmacy will not impede the normal and orderly development and improvement of surrounding property; and Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; and The design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; and Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, flames, dust, noise, and vibration; and Directional lighting will be provided so as not to d/sturb or adversely affect neighboring properties; and There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property;, NOW, TIrlEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. A specific use permit is hereby granted to allow a drive4hm for a pharmacy on the Property within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, subject to the following conditions: All development on the Property shall be in accordance with the approved site plan on file in the City of Denton Planning Department, a copy ofwhichis attached hereto as Exhibit "B" and made a part hereof by reference. 2. The drive thru shall be limited to pharmacy use. SECTION 3. Any person violating any provision ofthis ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PAS SED AND APPROVED this the __ day of ,2003. EULINE BROCK, M2kYOR PAGE 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 EXHIBIT "A" Marshali Lancaster & Associates, Inc. Consulting Land Surveyors ¢~mmerclal, retail and Industrial =gnitrugflon turveylng · [a.d title ;~rvey, · topography, subdIvlilon pllttlng 1884 North Norvmod Drive, 8ulte E, Hursk TX 75054 metro (517) 2~8-8D00 fax ($17) 252-2231 y~tAy, mla-survev, com PROPOS~=D CVS TRACT ' LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING $~TUATED IN THE C. POULALLIER SURVEY, ABSTRACT NO. 1<~06, CITY OF DENTON, DENTON COUNTY° TEXAS, BEING A PORTION OF '~ ONE AHD TWO OF THAT CERTAIN 't'RACT OF LAND DESCRIBED IN DEED TO ALEXANDER MANAGEIdENT, I_L.C. AND E. E. ALEXANDE[R FAMILY LIVIITED PARTNERSHIP, RECORDED AS DOCUMENT NUMBER 97-R0002633, DEED RECORDS, DENTON COUNTY, TEXAS, PARTICULARLY DESCRIBED BY METES AND SOUND.°, AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNF. R OF SND TRA~F T~/VO, SAiD POINT BEIN(~ ON THE SOUTHERLY RIGHT OF WAY LtNE OF TEASLEY LANE AND WESTERLY RIGHT OF WAY UNE OF LtLLIAN MILLER PARKWAY; THENCE A/.ONG THE F.A~TERLY UNE OF E~D TPJ[CT TWO AND SAiD WESTERLY UNE OF MLMAN MILLER PARKWAY, SOUTH I}1 DEGREES 04 MINUTES 17 SECONDS ~ A DISTANCE[ OF 297.50 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 26 EECONDSWEST A DISTANCE OF 25Z50 FEET; THENCE NORTH 01 DEGREES 04 I~NUTES ~7 SECONDS WEST A DISTANCE OF 297.50 FEET, TO THE NORTHERLY L~NE OF 8AID TRACT TWO AND THE SOUTHERLY RIGHT OF WAY MNE OF GND TEASLEY LANE; THENCE ALONG ,~rdD NORTHERLY UNE CF TRACT TWO AND SAiD SOUTHERLY RIGHT OF WAY LINF~ SOUTH ag DEGREES 49 MINUTES 2~ SECONDS EAST A DISTANCE OF 252.50 FEET TO TH~ POINT OF BEGINNING. CONTAINING ~.724 ACRES, OR 75,103 SQUARE FEET OF LAND, MORE OR LES~. BEARINGS CITED IN THIS DESCRIPTION ARE BASED ON THE EAST LINE OF TRACT TWO OF DOCUMENT NO, 97-R0002633, DEED RECORDS, DENTON COUNTY, TEXAS, DESCRIBED THEREIN AS: S 01 DEGREES 04 MINUTES 17 SECONDS EAST, "prerfm~lnarv. thTs_doeument shall not be recorded for ;,nv eurrmse," Marshall Lancaster, RPLS 4873 March 03, 2003 EXHIBIT "B" Im Attachment 7 AT'I'ORN~.YS & COUNSELORS DALLAS ~ AUSTIN 4000 Fountain Place 1445 ROSS Avenue Oatlas. Texas 75202-2790 Main 214 855 7500 Fax 214 855.7584 Web munsch.cem W~ter'sDIrecl Diai: 214 8807651 E-Mail: rba[dwln~)munsch,corn Direct Fax:. 214 978 5345 March 20, 2003 Planning and Zoning Commissioners City of Denton 221 N. Elm Street Denton, Texas Re: Z03-0007 - SUP Request - Southwest Corner of Liltian Miller Parkway and Teasley Lane Dear Commissioner: This firm represents Gustine Properties, Inc. in its efforts to construct a new CVS Pharmacy on a 1.5-acre lot located at the southwest corner of Lillian Miller Parkway and Teasley Lane (the "Property"), You will be considering this request at your March 26, 2003 meeting. The Property is located in a NRMU zoning district and the pharmacy is a use allowed by right in this district., However, in order to construct this pharmacy as designed we are seeking a Specific Use Permit to allow a drive-through window and a variance to the City's driveway spacing standards that will allow us to use existing curb cuts on Teasley Lane. We are confident that these requests are reasonable and will not cause harm to the value, use or enjoyment of other property in the neighborhood. CVS Pharmacy is still fairly new to the Metroplex, but is well established east of the M[ssissippL CVS Pharmacy was founded in 1963 and is Rhode Island's largest company. It has become the nation's leading drugstore chain and dispenses more prescriptions that any other pharmacy in America. Nationwide, nearly one prescription in nine is filled at a CVS Pharmacy. The company has over 97,000 employees and operates more than 4,100 stores. SUP Request for a Drive-Through Window As I mentioned previously, the Property is currently zoned Neighborhood Residential Mixed Use ("NRMU") and given its location at the intersection of two major arterials, sound land planning principles dictate that a commercial or retail land use, such as a pharmacy, is an appropriate use for the Property. A pharmacy is a permitted use in the NRMI. J zoning district, but the need for the SUP is triggered by the characteristics of how pharmacies operate today. Al1 of the major pharmacy chains design their stores with drive-through windows. These windows are a convenience that our customers both use and demand. Given the nature of why people come to pharmacies, it is often necessary for our customers to stay in their vehicles to pick up their prescriptions. Great care has been taken to make sure the drive-through window is positioned properly on the lot. The drive-through window for this facility has been located in the back of the building where it is City of Denton Planning and zoning commissioners March 20, 2003 Page 3 properly and a pharmacy is probably a better use for the property than other uses that are allowed by right such as a movie theater. in conclusion, we believe that the SUP and variance requests that comprise this application are reasonable and necessary for the successful operation of a CVS Pharmacy at this location. Drive- through windows are a common element in the design of stand-alone pharmacies throughout the Metropiex and the rest of the country. We firmly believe that this use as designed is an appropriate, safe and reasonable use of this property. Thank you very much for your assistance with this matter. I am looking forward to working with you on this request, If you have any questions or need any additional information, please do not hesitate to call me at (214) 880-7651. Best regards, Robert B Baldwin Land Planner RBB:rbb DALLAS 836311_1 65gB,7 Attachment 7 ATTORNEYS & COUN-~Et,OR5 DALLAS [ AUSTIN 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-279D Maln 214 8557500 Fax 214.855.7564 Web mu nsch ,cora W~iter's Direct Dial: 214 880 7651 E-Me11: rbatdwln~lmunsch.com Direct Fax: 214978 5345 April 1, 2003 The Honorable Mayor and City Council Members City of Denton 221 N. Elm Street Denton, Texas Re: Z03-0007 - SUP Request - Southwest Corner of Lil[ian Miller Parkway and Teasley Lane Dear Sir or Madam: This firm represents Gustine Properties, Inc. in its efforts to construct a new CVS Pharmacy on a 1..5-acre lot located at the southwest corner of Lilltan Miller Parkway and Teasley Lane (the "Property"). You will be considering this request at your April 15, 2003 meeting, The Properly is located in a NRMU zoning district and the pharmacy is a use allowed by right in this district. However, in order to construct this pharmacy as designed we are seeking a Specific Use Permit to allow a drive-through window. We are confident that this request is reasonable and will not cause harm to the value, use or enjoyment of other property in the neighborhood. We received a unanimous recommendation of approval from the Planning and Zoning Commission as well as a recommendation of approval from City Staff. CVS Pharmacy is still fairly new to the Metroplex, but is well established east of the Mississippi. CVS Pharmacy was founded in 1963 and is Rhode Island's largest company. It has become the nation's leading drugstore chain and dispenses more prescriptions that any other pharmacy in America. Nationwide, nearly one prescription in nine is filled at a CVS Pharmacy. The company has over 97,000 employees and operates more than 4,100 stores~ SUP Request for a Drive-Through Window As I mentioned previously, the Property is currently zoned Neighborhood Residential Mixed Use ("NRMU") and given its location at the intersection of two major arterials, sound land planning principles dictate that a commercial or retail land use, such as a pharmacy, is an appropriate use for the Property. A pharmacy is a permitted use in the NRMU zoning district, but the need for the SUP is triggered by the characteristics of how pharmacies operate today. All of the major pharmacy chains design their stores with drive-through windows~ These windows are a convenience that our customers both use and demand, Given the nature of why people come to pharmacies, it is often necessary for our customers to stay in their vehicles to pick up their prescriptions. Great care has been taken to make sure the drive-through window is positioned properly on the lot. The drive-through window for this facility has been located in the back of the building where it is City of Denton Mayor and City Council April 1, 2003 Page 2 screened from Teasley Lane and provides the narrowest profile to Lillian Miller Parkway. The location also provides good traffic flow on the site and it reduces vehicular and pedestrian conflicts. There are few uses that locate at the immediate intersection of two (2) arterial streets that do not use drive- through windows in their operation. Of the uses that tend to locate at such an intersection, a pharmacy is probably the best use for the site given the existing land use and traffic patterns in the immediate vicinity. The proposed drive-through window meets every criterion listed in Section 35.6.5 of the Denton Development Code, Specifically: 1. The drive-through window has been located in such a manner that it is in conformance will all standards of the NRMU zoning district; The drive-through window is compatible with, and not injurious to, the use and enjoyment of the other property, nor will it diminish or impair property values within the immediate vicinity. The requested drive*through window will not impede the normal and orderly development of the surrounding vacant property. 4, There is sufficient landscaping and screening of the drive-through window that will ensure harmony and compatibility with adjacent property. We hope that you will agree with City staff that the proposed drive-through window for the CVS Pharmacy is a reasonable request that meets not only the letter, but also the spirit and intent of the City's land development regulations. In conclusion, we believe that the SUP request is reasonable and necessary for the successful operation of a CVS Pharmacy at this location. Drive-through windows are a common element in the design of stand-aIone pharmacies throughout the Metroplex and the rest of the country. We firmly believe that this use as designed is an appropriate, safe and reasonable use of this property, Thank you very much for your assistance with this matter. I am looking forward to working with you on this request. If you have any questions or need any additional information, please do not hesitate to call me at (214) 880-7651.. Be~_.~__~eg ards, Robert B Baldwin Land Planner RBB:rbb DALLAS 836311_1 6598,7 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: April 15, 2003 Water and Wastewater Utilities Howard Martin, 349-8232 ~ SUBJECT Continue and re-convene the public hearing begun on March 25, 2003 regarding the amendment of land use assumptions and capital improvements plan, and the possible imposition of an amended impact fee for water and wastewater. BACKGROUND Due to additional questions being raised regarding the impact fees, the City Council requested the public hearing from March 25, be extended to the April 15, 2003 Council meeting. Council also requested staff bring back information regarding fee rankings as compared to other local water and wastewater providers. Included as Exhibit I-A through I-D are the local area water and wastewater impact fee rankings as compared to Denton's ranking using the calculated credit (Option 1) and the 50% credit (Option 2) methodologies and Exhibit II-A through II-D represents Denton's water and wastewater rates as compared to those same cities in Exhibit I. Exhibit III A&B is a comparison of the impact fee adopted vs. the rate increase on residential and commercial which will be needed to meet operational needs. Exhibit IV is the recommended ordinance that will be brought to Council on May 13, 2003 for approval. Staff has also a copy of the written response provided to the Capital Improvements Advisory Committee regarding specific infrastructure improvements included in the study as they relate to the Spencer Water Treatment Plant and the Lake Ray Roberts Water Treatment Plant. Included as Exhibit V is a copy of that response. In addition to the response prepared by staff, we have also included as Exhibit VI a response for Duncan and Associates, the consultant preparing the impact fee study, regarding the inclusion of the Lake Ray Roberts Water Treatment Plant in both studies. During the March 25 public hearing Mr. McNeill requested staff go back to the Advisory Committee for a recommendation as to the impact fee to be adopted. Attached as Exhibit VII is a memo describing the specific purpose of the Capital Improvements Advisory Committee as regulated by §395.056 and 395.058 of the Texas Local Government Code. RECOMMENDATIONS Staff recommends approval on May 13, 2003 of the attached ordinance, which includes the recommendations from the Public Utilities Board off Water Single Impact Fee $3,155 Calculated Credit Wastewater 2 Separate Zones Hickory/Pecan Creek $1,437 50% Credit Clear Creek $1,437 for 2003-2005 (same fee as Hickory/Pecan Creek) $1,893 for 2006-2007 (50% of calculated fee for Clear Creek) PRIOR ACTION/REVIEW (Council, Boards, Commission) December 18, 2002 - Capital Improvements Advisory Committee approves the Land Use Assumptions and the 1 O-Year Capital Improvement Plan. February 3, 2003 - Duncan and Associates Study presented to the Public Utilities Board. February 4, 2003 - Duncan and Associates Study presented to the Council along with fees recommended by the Public Utilities Board. February 11, 2003 - Staff presented to the Council recommended fees along with the impact on rates bases on the fee approved. March 12, 2003 - Duncan and Associates study presented to the Capital Improvements Advisory Committee. March 17, 2003 - Staff presented to the PUB a draft ordinance March 25, 2003 - First public hearing Exhibit I-A through D Exhibit II-A through D Exhibit III-A&B Exhibit IV Exhibit V Exhibit VI Exhibit VII Impact Fee Rankings Rate Comparisons Impact Fees and Corresponding Rate Increases Recommended Impact Fee Ordinance Response to Capital Improvements Advisory Committee from staff Response from Duncan and Associates Memo from Howard Martin Respectfully submitted: Howard Martin ACM, Utilities o~l~lOlOlOl~lnl ~1~1 o OU) U)U) ~]Z]--''~ 0 0 LO O0 '~--- LO 0 0 CO LO O0 '~- L 0 ~ c 0 0 c ~ ~c- ~ C C -~ oo' c~l'~l ~1 9_1 ~_l.gOl ~Ol ~1 °1<(ITM ~ c.~ ~_ .~ ~ = ~-C "a o t- >12 t- t- ~g '~ 0 .~ c- >12 "~ 0 ~g 0 0 00 0 0 I~. 0 0 I~. 0 0 I~. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I~. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oO So° 0 LO 0 I~. 0 LO LO 0 0 0 (D ~ 0 0 CO I~. 0 DRAFT #5 - 040103 MSC ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING IMPACT FEES BY AMENDING CHAPTER 26, "UTILITIES," SECTION 26-210 THROUGH 26-232 OF THE CITY OF DENTON CODE OF ORDINANCES; ADOPTING REVISED LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR WASTEWATER IMPACT FEES; ESTABLISHING NEW MAXIMUM IMPACT FEES PER SERVICE UNIT AND IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR THE ASSESSMENT AND COLLECTION OF IMPACT FEES; REVISING PROCEDURES FOR ADMINISTERING IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code, Chapter 395 authorizes a city to adopt and to amend impact fees for the purpose of financing capital improvements required by new development; and WHEREAS, the City Council of the City of DeNon, Texas initially enacted water and wastewater impact fees in accordance with Ordinance No. 98-301, dated on the 15th day of September, 1998; and it is now appropriate and lawfully required that the City once again address the issues of Land Use Assumptions and a Capital Improvements Plan, as well as the subject of Amended Water and Wastewater Impact Fees; WHEREAS, the City Council in accordance with law desires to update its impact fee program by amending land use assumptions, service areas, capital improvemems plans and impact fees for water and wastewater facilities; and WHEREAS, the City Council of the City of DeNon, Texas has duly appoimed an Impact Fee Advisory Committee, as required by law; and has received recommendations from such Committee; and has adopted Land Use Assumptions and a Capital Improvements Plan for amended water and wastewater impact fees in accordance with the requirements of Texas Local Government Code, Chapter 395; and WHEREAS, the City of DeNon, Texas, having complied with all applicable substamive and procedural requiremems of Texas Local Governmem Code, Chapter 395, finds it necessary and appropriate to establish amended water and amended wastewater impact fees to pay the costs of certain capital improvements for new development; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the facts, circumstances, and recitations contained in the preambles to this Ordinance are hereby found and declared to be true and correct. EXHIBIT IV 1 DRAFT #5 - 040103 MSC SECTION 2. That the Land Use Assumptions for Water and Wastewater Impact Fees hereby are amended as set forth in Exhibit A, which is attached hereto and incorporated by reference herein as if fully set forth. SECTION 3. That the Capital Improvements Plan for Water and Wastewater Impact Fees hereby are amended as set forth in Exhibit B, which is attached hereto and incorporated by reference herein as if fully set forth. SECTION 4. That Chapter 26 of the Code of Ordinances of the City of DeNon, Texas, emitled "Utilities," is hereby amended, which shall read as follows: CHAPTER 26: UTILITIES ARTICLE VI. IMPACT FEES Sec. 26-210. Short Title. This Article shall be known and cited as the "DeNon Impact Fee Ordinance." Sec. 26-211. Statement of Purpose. This Article is imended to assure the provision of adequate public facilities to serve new development in the City by requiring each development to pay its proportional share of the costs of such improvements necessitated by and attributable to such new development as related to water and wastewater capital improvements. Sec. 26-212. Authority. This Article is adopted pursuant to Chapter 395 of the Texas Local Government Code and pursuant to the Denton Charter. The provisions of this Article shall not be construed to limit the powers of the City to utilize other methods authorized under state law, or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this Article. The effective date of this Article is September 15, 1998. Sec. 26-213. Definitions. The following words, terms and phrases, as used in this Article, shall have the meanings respectively ascribed to them in this Section, unless the comext clearly indicates otherwise: (1) Area-related facility means a capital improvemem or facility expansion which is designated in the Impact Fee Capital Improvements Plan and which is not a site-related facility. Area-related facility may include a capital improvemem, which is located offsite, within, or on DRAFT #5 - 040103 MSC the perimeter of the development site. (2) Assessment means the determination of the amount of the maximum impact fee per service unit that can be imposed on new development pursuant to this Article. (3) Capital improvement means any water supply; or treatment facilities; or wastewater treatment facilities that have a life expectancy of three (3) or more years, and are owned and operated by or on behalf of the City. (4) Director means the Director of Water Utilities for the City of Denton, or his or her designee. (5) Facility expansion means the expansion of the capacity of any existing facility for the purpose of serving new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to serve existing development. (6) Impact fee capital improvements plan means the adopted plan for a service area, as may be amended from time to time, which identifies the water facilities or wastewater facilities and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water or wastewater impact fees pursuant to this Chapter 26, Article VI. (7) Land use assumptions means the projections of population and employment growth and associated changes in land uses, densities and intensities for a service area adopted by the City, as may be amended from time to time, upon which the impact fee capital improvements plan for the service area is based. (8) New development means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the service units to be generated by such activity, and which requires either the approval and filing of a plat, or a re-plat pursuant to the City's subdivision regulations, or the issuance of a building permit. (9) Service area means a geographic area within the City or within the City's extraterritorial jurisdiction, within which impact fees for water or wastewater facilities may be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements identified in the type of capital improvements plan applicable to the service area. (10) Service unit means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards, for a particular category of capital improvements or facility expansions. For water and wastewater facilities, the service unit shall constitute the basis for establishing equivalency within various customer classes based upon the relationship of the DRAFT #5 - 040103 MSC continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute for a 3/4-inch diameter simple water meter. (Il) Single-family equivalency ("SFE") means an equivalency factor, based on the demand associated with the smallest water meter used in the City of Denton, Texas utility system. SFE's are utilized to establish the number of service units to be allocated to various meter sizes used in the City of DeNon, Texas utility system. (12) Site-related facility means an improvemem or facility which is for the primary use or benefit of a new developmem and/or which is the for the primary purpose of safe and adequate provision of water and wastewater facilities to serve the new development and which is not included in the impact fee capital improvemems plan and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. Sec. 26-214. Impact fee as condition of development approval. No new development shall be connected to the City's water or wastewater system within the service area without the assessment of an impact fee pursuant to this Article, and no building permit shall be issued umil the applicam has paid the impact fee imposed herein. Sec. 26-215. Land use assumptions. (a) Said land use assumptions for the City shall be updated at least every five (5) years utilizing the amendment procedure set forth in Texas Local Government Code, Chapter 395. (b) Amendmem to the land use assumptions shall incorporate projections of changes in land uses, densities, imensities and population for the service area over at least a ten (10) year period. Sec. 26-216. Water impact fee service area. There is hereby established an amended water impact fee service area, to include all land within the City and its extraterritorial jurisdiction, as depicted in Exhibit C, which is attached hereto and incorporated by reference herein as if fully set forth. Sec. 26-217. Wastewater impact fee service areas. There are hereby established two (2) wastewater impact fee service areas, the boundaries of which are respectively described in Exhibits D and E, which are attached hereto and incorporated by reference herein as if fully set forth. DRAFT #5 - 040103 MSC Sec. 26-218. Determination of service units. The number of service units for both water or wastewater impact fees shall be determined by using the land equivalency table, which converts the demands for water or wastewater improvements generated by typical land uses to water meter size, and which is attached hereto as Exhibit F and incorporated by reference herein as if fully set forth. Sec. 26-219. Impact fees per service unit. (a) Maximum impact fees per service unit for each service area shall be established by category of capital improvements. The maximum impact fee per service unit for each service area for each category of capital improvement shall be computed in the following manner: For each category of capital improvements, calculate the total projected costs of capital improvements necessitated by and attributable to new development in the service area identified in the impact fee capital improvements plan; (2) From such amount, subtract a credit in the amount of that portion of utility service revenues, if any, including the payment of debt, to be generated by new service units during the period the capital improvements plan is in effect, including the payment of debt, associated with the capital improvements in the plan; (3) Divide the resultant amount by the total number of service units anticipated within the service area, based upon the land use assumptions for that service area. (b) The maximum impact fee per service unit for water or wastewater facilities by service area shall be as set forth in Schedule 1, which is attached hereto and incorporated herein by reference as if fully set forth. Schedule 1 shall be used to assess impact fees. Schedule 1 may be amended from time to time utilizing the amendment procedure set forth in Section 26-228. (c) The impact fee per service unit which is to be paid by each new development within a service area shall be as set forth in Schedule 2, which is attached hereto and incorporated by reference as if fully set forth, and shall be an amount less than or equal to the maximum impact fee per service unit established in Schedule 1. Schedule 2 may be amended from time to time utilizing the amendment procedure set forth in Section 26-228. Sec. 26-220. Assessment of impact fees. (a) Assessment of impact fees for any new development shall be made as follows: (1) For land which is unplatted at the time of application for a building permit or DRAFT #5 - 040103 MSC utility connection, or for a new developmem which received final plat approval prior to the effective date of this Article, and for which no re-platting is necessary pursuant to the City's subdivision regulations prior to development, assessment of impact fees shall occur at the time application is made for the building permit or utility connection, whichever first occurs, and shall be the amoum of the maximum impact fee per service unit in effect, as set forth in Schedule 1. (2) For a new developmem which is submitted for approval pursuam to the City's subdivision regulations on or after the effective date of this Article, or for which re-platting results in an increase in the number of service units after such date, assessment of impact fees shall be at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit in effect as set forth in Schedule 1. (b) Following assessmem of impact fees pursuam to subsection (a), the amoum of impact fee assessment per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval or other development application that results in approval of additional service units, in which case a new assessment shall occur at the Schedule 1 rate then in effect for such additional service units. (c) Following the vacating of any plat or approval of any re-plat, a new assessment must be made in accordance with subsection (a)(2). (d) An application for an amending plat made pursuant to Texas Local Government Code §212.016 V.T.C.A. and the City of DeNon Subdivision Ordinance, and for which no new developmem is proposed, is not subject to reassessmem for an impact fee. Sec. 26-221. Computation of impact fees. (b) Following the filing and acceptance of a written application for building permit, the City shall compute the impact fee due in the following manner: (1) The number of service units shall be determined by the size of the water meter purchased using the land equivalency table incorporated as Exhibit F, or by evaluation of the Director as provided in Section 26-218 or this section; (2) Service units shall be summed for all meters purchased for the developmem; (3) The totals number of service units shall be multiplied by the impact fee per service unit for water or wastewater service facilities using Schedule 1 then in effect as established in Section 26-219; (4) The amoum of each impact fee shall be reduced by any allowable offsets or credits for that category of capital improvements, in the manner provided in DRAFT #5 - 040103 MSC (c) (d) (e) (g) (h) (i) Section 26-223. The amount of impact fee due for new development shall not exceed the amount computed by multiplying the assessed fee for water or wastewater service by the total number of service units generated by the development. The amount of impact fee due for redevelopment shall not exceed the amount computed by multiplying the assessed fee for water or wastewater service by the net increase in service units generated by the redevelopment. The developer may submit or the Director may require the submission of a study, prepared by a professional engineer, licensed in the State of Texas, clearly indicating the number of water and/or wastewater service units which will be consumed or generated by the new development. The Director will review the information for completeness and conformity with generally accepted engineering practices and will, when satisfied with the completeness and conformity of the study, multiply the number of service units determined by the study times the impact fee per service unit contained in Section 26-219 above to determine the total impact fee to be collected for the development. The Director may also use recent historical water billing records for existing customers to determine water demands and SFE equivalents in accordance with data from the most recent Capital Improvements Plan. Whenever the property owner increases the number of service units for a development, the additional impact fees collected for such new service units shall be determined based on Schedule 1 and applicable offsets, credits, and discounts then in effect and such additional fee shall be assessed and collected at the time the additional meters are purchased. In the event the property owner decreases the number of service units for a development, the property owner shall be entitled to a refund of the impact fee for impact fees actually paid, but only for the amounts represented by the decrease in service units based on the assessed fee and offsets, credits, or discounts applicable at the time the fee was paid. If the building permit for the property on which an impact fee is paid has expired and a new application is thereafter filed for the identical property and the number of service units, the impact fee previously paid satisfies the requirements of this Article. The impact fee shall attach to the property for which the impact fee was paid and shall not be transferable to other properties or service units. No building permit shall be issued if the applicant cannot verify payment of the appropriate impact fee and other applicable fees or if existing facilities do not have actual capacity to provide service to the new connection(s). DRAFT #5 - 040103 MSC Sec. 26-222. Collection of impact fees. (a) Except as otherwise provided in this Section, the impact fee for the new development shall be collected at the time the City issues a building permit, or if a building permit is not required, at the time an application is filed for a new connection to the City's water or wastewater system or for an increase in water meter size. (b) Except as otherwise provided by contracts with political subdivisions, developer's contracts, or wholesale customers, no building permit shall be issued until all impact fees have been paid to the City. (c) The City may enter into an agreement for capital improvements with a property owner pursuant to Section 26-229 that establishes a different time and manner of payment. (d) The owner of an existing single-family homestead housing unit, actually occupying said homestead, may make payments of any water or wastewater impact fee required by the Article in monthly installment over a period of not more than five (5) years from the date payment of the fee is otherwise required by this Article. The owner of said homestead must execute a promissory note, deed of trust, homestead affidavit, or other documents to be prepared by the City Attorney sufficient to establish an enforceable lien on the real property. All such installment payments shall be subject to interest at a rate equal to a twelve-month average of the 5-year Treasury Note. The interest rate on such note shall be adjusted annually, according to the most current twelve-month average. (e) In the event that a property owner agrees to construct or finance capital improvements in the capital improvements plan pursuant to Section 26-229, the costs of which are to be reimbursed to the owner from impact fees paid from other new developments that will use such facilities, the City may collect impact fees from such other new developments at the time final plats are recorded for such development. (f) Schedule 1 sets the assessment rate and establishes maximum impact fees as set forth in subparagraphs (1) and (2) below: (1) For a new development for which final plat recordation occurred on or after September 15, 1998, but before [effective date of amendatory ordinance], the maximum impact fee per service unit shall be $2,044 for the water service area, and $483 for the Zone 1 wastewater service area. (2) For a new development for which final plat recordation occurred prior to September 15, 1998, on or after [effective date of amendatory ordinance], or for any new development which is not subject to paragraph (1), the maximum impact fee per service unit shall be as follows: $3,155 for the water service area; $1,703 for the Zone 1 wastewater service area; and $2,614 for the Zone 2 wastewater service area. (g) Schedule 2 sets the collection rate for impact fees as set forth in subparagraphs (1) and DRAFT #5 - 040103 MSC (2) below: (1) Except as provided in paragraph (2), impact fees shall be collected and paid as follows: Water Service Area: Wastewater Service Area (Zone 1): Wastewater Service Area (Zone 2): $ per service unit $__ per service unit $1,437 per service unit [inclusive dates] $1,893 per service unit [inclusive dates] $2,614 per service units [inclusive dates] (2) For a new development for which final plat recordation occurred on or after September 15, 1998, but before [effective date of amendatory ordinance], and for which no new service units have been added, impact fees shall be collected as follows: Water Service Area Wastewater Service Area (Zone 1) $2,044 per service unit $483 per service unit Sec. 26-223. Offsets and credits. (a) The City shall offset the reasonable value of any area-related facilities, identified in the impact fee capital improvements plan and constructed pursuant to an agreement with the City, except as otherwise provided therein, which are dedicated to and received by the City on or after the effective date of this ordinance, against the amount of the impact fee due for that category of capital improvement. No offsets or credits shall be provided for required over-sizing of water and wastewater lines or lift stations not identified in the capital improvements plan or for_pro-rata payments to repay other developers for such over-sizing pursuant to Chapter 35-Development Code; and Subchapter 21-Water & Wastewater Standards. (b) The City shall credit any new development that occurs subsequent to the effective date of this Article, any amount of capital recovery fees which have been collected by the City pursuant to duly adopted ordinances and any impact fees collected by the City pursuant to this Article. (c) All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this Article and additional standards promulgated by the City, which may be adopted as administrative guidelines. (1) No offset or credit shall be given for the dedication or construction of site-related facilities. (2) No offset or credit shall exceed the impact fee to be collected from new development as established in Section 26-219. DRAFT #5 - 040103 MSC (3) The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the impact fee capital improvements plan for the category of facility within the service area for which the impact fee is imposed. (4) If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of the acquisition of the first building permit issued or connection made after the effective date of this Article or within such period as may be otherwise designated by agreement for capital improvements pursuant to Section 26-229, such offset or credit shall lapse. (5) In no event will the City reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Article or for any amount exceeding the total impact fees collected or due for the development for that category of capital improvement, unless otherwise agreed to by the City. (6) No offset shall exceed an amount equal to the eligible costs of the improvement multiplied by a fraction, the numerator of which is the impact fee per service unit due for the new development as computed using Schedule 2 and the denominator of which is the maximum impact fee per service unit for the new development as computed using Schedule 1. (7) Offsets or credits for area-related facilities dedicated to and accepted by the City for a development prior to the effective date of this Article shall be prorated among the total number of service units within such development and reduced by an amount equivalent to the number of existing service units within such development and shall be further reduced by the amount of any participation funds received from the City and by any payments received from other developments who utilize the system facility. (8) The City may participate in the costs of an area-related improvement to be dedicated to the City, including costs that exceed the amount of the impact fees due for the development under Schedule 1 for that category of capital improvements, in accordance with policies and rules established under the City's subdivision regulations and when incorporated into an agreement for capital improvements pursuant to Section 26-229. The amount of any offset shall not include the amount of the City's participation. (d) Unless an agreement for capital improvements is executed providing for a different manner of offsetting or crediting impact fees due pursuant to Section 26-229, an offset or credit associated with a plat shall be applied to reduce an impact fee at the time of application for the first building permit or at the time of application for the first utility connection for the property, in the case of land located within the City's extraterritorial jurisdiction, and, thereafter, to reduce impact fees subsequently to be collected, until the offset or credit is exhausted. 10 DRAFT #5 - 040103 MSC Sec. 26-224. Establishment of accounts. (a) The City's Department of Finance shall establish separate interest-bearing accounts clearly identifying the category of capital improvement (i.e. water facilities and wastewater facilities) within the service area for which the impact fee is collected. (b) Interest earned by each account shall be credited to the account on which it is earned and shall be used solely for the purposes specified for impact fees as authorized herein. (c) The City's Department of Finance shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in this Article. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Article; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. (d) The City's Department of Finance shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, the number of service units for which the monies are received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the impact fee capital improvements plan as area-related capital projects. The City's Department of Finance shall also maintain such records as are necessary to ensure that refunds are appropriately made in accordance with this Article. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The City may establish a fee for copying services. Sec. 26-225. Use of proceeds of impact fee accounts. (a) The impact fee collected pursuant to this Article may be used to finance or to recoup capital construction costs for water and wastewater facilities identified in the impact fee capital improvements plan and for any purpose authorized in Texas Local Government Code, Chapter 395, V.T.C.A. as amended. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. (b) Impact fees collected pursuant to this Article shall not be used to pay for any of the following expenses: (1) Construction, acquisition, or expansion of capital improvements or assets other than those identified for the water and wastewater utility in the impact fee capital improvements plan; 11 DRAFT #5 - 040103 MSC (2) Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; (3) (4) (5) Upgrading, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; Upgrading, expanding, or replacing existing capital improvements to serve existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or Administrative and operating costs of the City. Sec. 26-226. Appeals. (a) The property owner or applicant for new development may appeal the following decisions to the City Council: (a) the applicability of an impact fee to the new development; (b) the method of calculating the amount of the impact fee due; (c) the availability or the amount of an offset, credit or rebate; (d) the application of an offset or credit against an impact fee due; or (e) the amount of a refund due, if any. (b) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the offset, credit or rebate was not calculated according to the provisions of this Article. (c) The appellant must file a notice of appeal with the City Secretary within thirty (30) days following the determination of the amount of the impact fees to be paid by the development. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. Sec. 26-227. Refunds. (a) Any impact fee or portion thereof collected pursuant to this Article which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Vemon's Ann. Civil Statutes, Title 79, Art. 1C.002, or any successor statute. 12 DRAFT #5 - 040103 MSC (b) (c) (d) Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund such fees if: (1) Existing service is available and service is denied; or (2) Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two (2) years of fee payment; or (3) Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event no later than five (5) years from the date of the payment. The City shall refund an appropriate proportion of impact fee payments in the event that a previously purchased but uninstalled water meter for which the impact fee has been paid is replaced with a smaller meter, based on the service unit differential of the two (2) meter sizes and the fee per service unit at the time of the original fee payment. A petition for refund under this section shall be submitted to the Director on a form provided by the City for such purpose. Within one (1) month of the date of receipt of a petition for refund, the Director must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Director shall notify the Assistant City Manager of Finance and request that a refund payment be made to the petitioner. Sec. 26-228. Update of plan and revision of fees. (a) The City shall update its land use assumptions and capital improvements plans at least every five (5) years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Government Code, Chapter 395, or in any successor statute. (b) The City may review its land use assumptions, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in subsection (a) to determine whether the land use assumptions and capital improvements plans should be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2 should be changed. Schedule 2 may be amended without revising land use assumptions and capital improvements plans at any time prior to the update provided for in subsection (a), provided that the impact fees to be collected under Schedule 2 do not exceed the impact fees assessed under Schedule 1. (c) If, at the time an update is required pursuant to Subsection (a), the City Council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in 13 DRAFT #5 - 040103 MSC Texas Local Government Code, Section 395.0575. (d) The City may amend by resolution the land use equivalency table (Exhibit F) at any time prior to the update provided for in Subsection (a), provided that the number of service units associated with a particular land use shall not be increased. Sec. 26-229. Agreement for capital improvements. An owner of a new development may construct or finance a capital improvement or facility expansion designated in the impact fee capital improvements plan, if required or authorized by the City, by entering into an agreement with the City prior to the issuance of any building permit for the development. The agreement shall be on a form approved by the City and shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to City standards and such other terms and conditions as deemed necessary by the City. The agreement shall provide for the method to be used to determine the amount of the offset to be given against the impact fees due for the development or any reimbursement to the owner for construction of the facility. Sec. 26-230. Use of other financing mechanisms. (a) In addition to the use of impact fees, the City may finance water and wastewater capital improvements or facilities expansions designated in the impact fee capital improvements plan through the issuance of bonds, through the formation of public improvements districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law. (b) Except as otherwise provided herein, the assessment and collection of a impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. (c) The City may pay all or part of impact fees due for a new development taking into account available offsets and credits pursuant to duly adopted criteria. Sec. 26-231. Conflicting ordinances. All ordinances or parts of ordinances that are in force when the provisions of this ordinance become effective, which are inconsistent or in conflict with the terms or provisions contained in this ordinance, are hereby repealed to the extent of the conflict. Sec. 26-232. Reserved. 14 DRAFT #5 - 040103 MSC SECTION 4. That any person violating any provision of this Ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstances is held invalid by any court of competem jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Demon, Texas hereby declares it would have enacted such remaining portions, despite any such invalidity. SECTION 6. That this Ordinance shall repeal any conflicting ordinances and resolutions to the contrary; it being the intention of the City Council to fully amend all provisions of Chapter 26 of the City of Denton, Texas Code of Ordinances dealing with Impact Fees. SECTION 7. That this Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in the City of Demon, Demon County, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: [GO TO NEXT PAGE FOR THE 6 EXHIBITS] 15 DRAFT #5 - 040103 MSC EXHIBIT "A" - Land Use Assumptions for Water and Wastewater Impact Fees EXHIBIT "B" - Capital Improvements Plans for Water and Wastewater Impact Fees EXHIBIT "C" - Amended Water Impact Fee Service Area EXHIBIT "D" - Wastewater Impact Fee Service Area - Zone 1 EXHIBIT "E" - Wastewater Impact Fee Service Area - Zone 2 EXHIBIT "F" - Land Equivalency Table S:\Our Documents\Ordinances\03\2003 Denton Amended Impact Fee Ordinance - WWW Draft #5 040103 TM.doc 16 215 E. McKINNEY DENTON, TX 76201 · (940) 349-8230 · FAX (940) 349-8120 UTILITY ADMINISTRATION March 20, 2003 Mr. Joe Mulroy Planning & Zoning Commissioner 119 Ridgecrest Denton, TX 76205 Dear Mr. Mulroy: First, let me say thanks again for allowing us to use Planning & Zoning Commission time for the Capital Improvements Advisory Committee. The utilities staff truly appreciates the input you have made in developing the revised Capital Improvement Plan for Water and Wastewater Impact Fees. It is my understanding you had some concerns regarding the inclusion of the Lake Ray Roberts Water Treatment Plant in the 2003-2013 Impact Fee Study, because it had also been presented in the 1999-2009 impact Fee Study as the reason for impact fees. Allow me to explain the inclusion of the plant in both studies. §395 of the Texas Local Government Code requires impact Fee Studies be based on a 10 year study period and must be updated every 5 years. The result is a series of 10 year study periods that have overlapping periods where projects could appear on one or more update cycles but does not mean impact fees are collected twice on the same project. The fees are collected on separate capacities of the same project. The 1998 Impact Fee Study for water had three projects included for water treatment. These included the remaining capacity available to support new growth that was available in the existing Spencer Road (Lake Lewisville) Water Treatment Plant, all of the capacity of the first phase (10 MGD) of the proposed Lake Ray Roberts Water Treatment Plant and a portion of the second phase (an additional 10 MGD of the Lake Ray Roberts WTP. Of the 45 million dollar cost of the existing Spencer Road WTP, 3.937 million dollars was eligible for recovery through impact fees. Similarly, the 1998 study identified that 24.281 million dollars of the Lake Ray Roberts water supply costs were also eligible for cost recovery through impact fees. During the first four years that impact fees have been collected (FY 1999 through FY 2002), a total of 9.398 million dollars has been collected representing approximately 4,598 Single Family Equivalents (SFE's) out of a ten year projected total of 19,138 SFE's during the ten year study period. During this same four year period, the excess available capacity of the Spencer Road WTP has been exhausted to support this growth during this portion of the ten year study period and approximately "Dedicated to Quality Service" www. cityofdenton.corn EXHIBIT V 10 % of the total capacity of the Lake Ray Roberts water supply (24% of the impact fee eligible cost of 24.281 million dollars) has been exhausted to support growth. As mentioned in the CAC meeting, population growth rate assumptions do not have a significant effect on the SFE amount of impact fees (since these are determined by the unit capital cost to provide new system capacity), they just have an effect on the rate that impact fees dollars are collected and the rate at which the available capacity that these capital projects are exhausted to support new growth. As illustrated above, the city collected about 24% (4,598 SFE's out of a projected 19,138 SFE's) during the first four years of the ten year study period. This has resulted in a shift of when capital projects would be needed to support new growth and when impact fees would be collected to pay for them. This has been reflected in the 2003 impact Fee Study update process and is why the new Ray Roberts WTP appears in this study as a projected 95% utilization of the 20 MGD plant (combined Phase i and ii) during the next ten year study period and the existing Spencer Road WTP no longer appears in the 2003 impact Fee Study as an eligible capital project. Similarly, the other projects identified in the 1998 impact Fee Study that were recently constructed and put on line have all or a portion of their capacity available for cost recovery through impact fees in the 2003 or future 5 year update studies. if you have any questions, please feel free to give me a call. Sincerely, Jim Coulter Director, Water/Wastewater Utilities Attachment "Dedicated to Quality Service" www. cityofdenton.corn Denton Water Treatment Plant Capacity Capital Improvement Plan 1998 Study vs. 2003 Study 1999-2009 2003-2013 % Annual Impact Fee Impact Fee Capacity MGD Consumption Study Study Consumed Increase Cumulative MGD Consumed Duncan & Associates Impact Fee Study MGD Peak Cumulative Capacity Day Peak Day Available (mgd) (mgd) Existing Plant 1999 86% (0.734) 2000 91% 1.4 2001 95% 1.1 2002 100% 1.4 24.90 26.32 27.46 28.81 28.9 4.00 2.58 1.44 0.09 New Plant-20 MGD 2003 2004 2005 2006 2007 2008 2003 0% 2004 5% 2005 15% 2006 25% 2007 33% 2008 44% 2009 53% 2010 63% 2011 73% 2012 84% 2013 95% Spencer WTP Capacity Lake Ray Roberts WTP Capacity Total Capacity 1.0 1.9 2.1 1.7 2.2 1.9 2.0 2.1 2.2 2.3 28.9 20.0 48.9 20.0 New Plant Capacity 20.0 28.44 0.97 19.0 1.43 29.87 2.91 17.1 2.91 31.35 4.98 15.0 4.98 33.42 6.65 13.4 6.65 35.09 8.80 11.2 8.80 37.24 10.66 9.3 10.66 39.10 12.62 7.4 12.62 41.06 14.67 5.3 14.67 43.11 16.82 3.2 16.82 45.26 19.08 0.9 19.08 47.52 land development regulations growth management impact fees April 7, 2003 Tim Fisher Assistant Director of Water Utilities 901-A Texas Street Denton, TX 76209 RE: Commissioner Mulroy's Comments Dear Tim, I will try to address the issue raised by Planning & Zoning Commissioner Joe M ulroy regarding the inclusion of the Lake Ray Roberts Water Treatment Plant in the 2003-2013 Capital Improvements Plan for the water impact fee. His concern was that we included the plant in the 199%2009 CIP, we had growth in the interim amounting to approximately 24 percent d what was anticipated for the period, and now we are including 95 percent tithe cost tithe plant in the 2003-2013 CIP. Part of this apparent discrepancy is due to the fact that excess capacity in the existing Spencer Road plant was supposed to supply most of the capacity for the first four years. The total projected increase in peak day demand was 15.98 million gallons per day (mgd), and 2.51 mgd dthat was excess capacity in the Spencer Road plant. The 24 percent of the growth for the period experienced in the first four years would have required a total d 3.84 mgd, meaning that just 1.33 mgd d capacity would be needed from the new plant, or 6.7 percent d the new plant capacity. So, how can we now be sayingthat all of the capacity of the new plant is available for growth? The reason for this apparent discrepancy is that in the update for the 2003-2013 CIP we significantly reduced the estimated average per capita water demand based on recently available data from 180 gallons per capita per day (gpcd) to 167 gpcd. We also reduced the peaking factor from 2.0 to 1.9, which in effect reduced the peak demand from 380 gpcd to 317 gpcd, a reduction of 16.6 percent. All other things equal, this reduction in estimated per capita demand would have the effect of reducing the water impact fees by 16.6 percent. In terms of the CIP, this essentially means that under the new per capita estimates there was more capacity in the old plant than we had estimated in the previous CIP. In making these revisions tothe per capita demand estimates in the new CIP, are we in effect double- charging for the new Lake Ray Roberts plant? Not at all. While the new plant was included in the 13276 research blvd · suite 208 · austin tx 78750 · phone 512 258 7347 · fax 512 258 9994 · email clancy@duncanplan.com previous CIP, funds cdlected under that CIP actually went to retire debt in the existing Spencer Road treatment plant, which had somewhat more excess capacity (according to our current estimates) than we estimated at the time. I hope this explanation is helpful. VeQ, trul7 7ours, DUNCAN ASSOCIATES 13276 research blvd · suite 208 · austin tx 78750 · phone 512 258 7347 · fax 512 258 9994 · email clancy@duncanplan.com 215 E. McKINNEY DENTON, TX 76201 · (940) 349-8230 · FAX (940) 349-8120 UTILITY ADMINISTRATION MEMORANDUM DATE: April 15, 2003 TO: Mayor and City Council Members FROM: Howard Martin, ACM Utilities SUBJECT: Capital Improvements Advisory Committee I waned to clarify some concerns regarding the Capital ImprovemeNs Advisory Committee (Advisory Committee) as it relates to recommendations regarding the amended impact fees. § 395.058 (c) of the Texas Local GovemmeN Code is very specific as to the purpose of the Advisory Committee. "The advisory committee serves in an advisory capacity and is established to: (1) advise and assist the political subdivision in adopting land use assumptions; (2) review the capital improvemeNs plan and file written commeNs; (3) monitor and evaluate implemeNation of the capital improvemeNs plan; (4) file semiannual reports with respect to the progress of the capital improvemeNs plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and (5) advise the political subdivision of the need to update or revise the land use assumption, capital improvements plan, and impact fee." The purpose of the Advisory Committee is to approve the land use assumptions and capital improvemeN plan, which form the basis for the impact fee. In order to be objective in adopting a fair fee, the committee that develops the fee does recommend the fee. Therefore, the Advisory Committee does not recommend the fee. In the case of the City of DeNon, the Public Utilities Board recommends the fee, because they are also most familiar with the rate base and the impact on rates, as well as the ongoing capital needs of the water and wastewater divisions. §395.056 of the Texas Local Government Code also states the type of response the Advisory Committee is to provide to the public hearing: "The advisory committee created under Section 395.058 shall file its written comments on the proposed amendments to the land use assumptions, capital improvements plan, and "Dedicated to Quality Service" www. cityofdenton.corn EXHIBIT VII impact fee before the fifth business day before the date of the public hearing on the amendments. If you have further questions, pleas feel free to give me a call. "Dedicated to Quality Service" www. cityofdenton.corn AGENDA INFORMATION SHEET AGENDA DATE: April 15, 2003 DEPARTMENT: Legal Department CM/DCM/ACM: Herb Prouty, City Attorney SUBJECT: Consider an ordinance of the City of Denton, Texas, prescribing regulations regarding a rate ~ing package to include specific schedules, data, and other information to be provided to the municipality by gas utilities as part of the statement of intent to increase rates under the gas utility regulatory act; providing that this ordinance is cumulative and that other information may be required to be submitted; providing for the use of forms as part of the statement of intent; requiring that the rate filing package be supported by affidavit; providing for expert assistance; providing for compliance with other laws; providing for a waiver of these filing requirements on good cause but no waiver of jurisdiction; providing for the treatment of proprietary gas utility information; providing for notice; providing for a civil penalty in the maximum amount of $500.00 for violations thereof, providing for a savings clause; providing a severability clause; and providing an. effective date. BACKGROUND: Last year the City of Denton and a number of other ATM (Association of TXU Municipalities) cities enacted ordinances requiring all gas utilities to provide a more detailed notice of the effect of their rate increases on local customers. At the same time that Denton enacted this Ordinance, the City of Longview also enacted an ordinance that required the gas utilities to file their gas rate increase materials in a manner that would make it easier for their City Council, City staff and any outside consultants hired by the City to study and analyze the rate filing package to determine if the request for rate increase was justified. TXU Gas challenged these Ordinances by appealing them to the Texas Raikoad Commission. We, as a part of the ATM cities, intervened in that rate case. As a result of our efforts and the work of Jim Boyle, the outside counsel hired to assist the ATM cities, the Texas Railroad Commission denied TXU's appeal and the Ordinances were approved. We understand that TXU Gas is getting ready to file a new request for a gas rate increase. This filing may take place as early as the first week of May this year. We deem it advisable for the City of Denton, before the gas rate increase is filed by TXU Gas, to enact a "rate filing package Ordinance" that is similar to the Ordinance which the City of Longview passed last year. The only changes over the Longview Ordinance are some references to language in our City Charter which gives us additional authority to impose these regulations and to impose a civil penalty for a violation. BASIC PROVISIONS OF ORDINANCE: The key provisions of the proposed Ordinance require the following: Requiring the gas utility to file a statement of intent to change rates with the City Secretary and to file additional information depending upon whether the change in rates is a major change. The Ordinance defines a major rate change as an increase of more than the greater of $100,000 or 2.5% in aggregate total company revenues over the past year revenues. 2. Requiring that the rate filing package must include detailed information including: Information regarding the entire gas distribution system in Texas, including all cities and environs as well as any transmission facilities located on the City side of the City gate. A schedule presenting the total company revenue requirement and ov-erall cost of service including the cost of gas which will detail each revenue and expense adjustment. A schedule entitled "Summary of Investment Capital." which will include each item the utilities' propose to include as invested capital. d. A schedule detailing the original cost of plant and service. e. A schedule presenting the total company accumulated depreciation. f. A schedule on the total company basis including if necessary a lead/lag study. A schedule on the total company basis summarizing the utilities proposed average weighted cost. h. A schedule presenting necessary accounting information. i. Schedules providing income tax and other tax information and affiliate data. j. A schedule showing the cost of service analysis. In the event of a major change in rates as defined above, the company must also include a complete set of proposed tariff revisions in detail showing each tariff revision, the classes and number of the utility customers affected thereby, testimony or a narrative to support the utility's position with regard to its overall request for a rate increase, the names of all other cities in which the gas utility is making a similar filing, copies of press releases relative to the filing issued by the company and any other information required by the Gas Utility Regulatory Act. The City or its designated representative may require the gas utility to produce further information in addition to that submitted in the statement of intent, if reasonably necessary to assist the City in making its rate determination. As you may recall in previous rate filings, the City has had difficulty in getting TXU to respond to requests for information by the consultants in a complete and timely manner. This provision will add a regulation that will require TXU to respond to requests for information. To enforce this provision and other provisions of the Ordinance, there is also a civil penalty for any violation in the mount of $500. The City Charter authorizes the City Council to impose civil penalties on public utilities to enforce regulations. Page 2 The Ordinance will become effective 14 days after this caption is published in the newspaper. Copies of the Ordinance will be sent to representatives of TXU Gas, CoServ Gas, and any other gas utilities within the City. OPTIONS: The City Council can approve the Ordinance to enact these regulations to require a more detailed rate filing package which will facilitate the City's analysis the same. The City Council can choose not to enact the Ordinance. The City Council can enact the Ordinance with additional changes. RECOMMENDATION: Staff recommends that the City Council choose Option 1 and enact the Ordinance as currently written. This Ordinance is substantially the same ordinance which the City of Longview passed last year. In addition to all the provisions above, the Ordinance will facilitate easier and quicker examination of the rate filing package by requiring the gas utility to file its package in such a manner that it lends itself more easily to analysis. For instance, Section 3, part lC requires that the gas utility reference all schedules by name and identify the individual or witness sponsoring the schedule, requires consecutive numbering and the labeling of work papers clearly to facilitate the staff and any outside consultant's examination of the rate filing package. FISCAL INFORMATION: Passage of the Ordinance will have no fiscal impact. By requiring the utility to provide all the necessary information in a timely and complete manner and in a manner that is easier for the staff and the rate consultants to analyze, the Ordinance should save the City time and possibly reduce outside consultant fees in analyzing future requests for rate increases. Respectfully submitted, Herb Prouty, City Attorney Page 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING REGULATIONS REGARDING A RATE FILING PACKAGE TO INCLUDE SPECIFIC SCHEDULES, DATA, AND OTHER INFORMATION TO BE PROVIDED TO THE MUNICIPALITY BY GAS UTILITIES AS PART OF THE STATEMENT OF INTENT TO INCREASE RATES UNDER THE GAS UTILITY REGULATORY ACT; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE AND THAT OTHER INFORMATION MAY BE REQUIRED TO BE SUBMITTED; PROVIDING FOR THE USE OF FORMS AS PART OF THE STATEMENT OF INTENT; REQUIRING THAT THE RATE FILING PACKAGE BE SUPPORTED BY AFFIDAVIT; PROVIDING FOR EXPERT ASSISTANCE; PROVIDING FOR COMPLIANCE WITH OTHER LAWS; PROVIDING FOR A WAIVER OF THESE FILING REQUIREMENTS ON GOOD CAUSE BUT NO WAIVER OF JURISDICTION; PROVIDING FOR THE TREATMENT OF PROPRIETARY GAS UTILITY INFORMATION; PROVIDING FOR NOTICE; PROVIDING FOR A CIVIL PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF, PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Gas Utility Regulatory Act § 103.001 grants the governing body of a municipality exclusive original jurisdiction, subject to certain limitations, over the rates, operations, and services of gas utilities to ensure that fair, just, and reasonable rates and adequate and efficient services are provided by gas utilities operating within the municipality; and WHEREAS, Gas Utility Regulatory Act § 104.102 requires a gas utility, seeking to increase rates, to provide the Regulatory Authority with a Statement of Intent To Increase Rates, which includes a detailed statement of each proposed increase; and WHEREAS, the Gas Utility Regulatory Act does not provide a listing of the specific schedules, information, and other data that the municipality must examine in fulfilling its statutory role as a Regulatory Authority; and WHEREAS, Gas Utility Regulatory Act § 103.021(a) author/zes the municipality to requke that the gas utility submit such information as necessary to make a reasonable determination of rate base, expenses, investment, and rate of return in the municipality; and WHEREAS, Gas Utility Regulatory Act § 104.102(c)(2)(D) requires the gas utility to include in its Statement of Intent To Increase Rates any other information required by the local Regulatory Authority's roles and regulations; and WHEREAS, Section 13.04 of the City Charter gives the City Council the authority to enact and enforce such reasonable regulations and restrictions over public utilities operating within the City as may be deemed desirable or conducive m the safety, welfare and accommodations of the public; and WHEREAS, the City finds that the use of a Rate Filing Package, with associated schedules, testimony, narrative and work papers, as part of the Statement of Intent to increase rates, would help the City in making its determinations with regard to the proposed gas rate increase and will facilitate a fair, just and reasonable determination of the gas utility's rate base, expenses, investment, and rate of return as well as reduce the rate case expenses resulting from review of these cases; and WHEREAS, the City finds that the provision of a Rate Filing Package would minimize the amount of discovery necessary to enable the City to conduct a reasonable investigation of the issues raised by a gas utility rate increase proceeding within the time frames specified by the Gas Utility Regulatory Act; and WHEREAS, the City wishes to encourage gas utilities, operating within the City limits, to present their case in full as it is initially presented for the City's consideration; and WHEREAS, the City finds that requiring gas utilities operating within the municipality to include this additional information as part of their Statement of Intent to increase rates will promote the public good; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. Minimum Filing Requirements for Gas Utility Statement of Intent to Increase Rates. A. In order to initiate a rate increase proceeding with~ this City and trigger the statutory deadlines under the Gas Utility Regulatory Act, a gas utility must ftc with the City Secretary a statement of intent to increase rates in accordance with the requirements and procedures set forth in this Ordinance. A statement of intent shall be deemed sufficient as of the date of initial filing unless the designated City official, within ten (10) days of the time the statement is filed in the case of changes which are not major rate changes and within thirty (30) days of the. time the statement is filed in the case of major rate changes, notifies the utility by letter of the insufficiencies in the statement. Upon notice of insufficiency, the statutory deadlines, including those in Gas Utility Regulatory Act § 104.107, shall be calculated based on the date of filing with the City Secretary of an amended statement of intent correcting the insufficiencies consistent with the notice letter. B. The gas utility may, within seven days after the notice of insufficiency is received, file an appeal to the City Council. If the City Council has not issued a decision that the statement of intent is insufficient within 35 days after the filing of an appeal by the gas utility or if the City Council determines that the application is substantially complete, then the application is deemed sufficient as of the date of initial filing. If the City Council determines that the statement of intent is insufficient, then the City shall issue a written decision directing the gas utility to amend its statement of intent and correct the insufficiency. The statutory deadlines, including those in Gas Utility Regulatory Act § 104.107, shall be calculated based Page 2 of 16 on the date of filing with the City Secretary of an amended statement of intent correcting the insufficiencies consistent with the City Council's decision. SECTION 2. Statement of Intent regarding rate changes that are not major changes. A. Statements of intent to change rates in a manner which do not constitute a "major change" as that term is defined in Gas Utility Regulatory Act § 104.101 shall include the following information: 1. A complete set of the proposed tariff revisions. 2. A statement specifying in detail the classes and numbers of utility customers affected, and the change in gross revenues (in absolute dollar amounts and in percentage terms, by customer class and by total) that the utility expects the revised tariffs to furnish as opposed to those furnished by existing tariffs. 3. All other information, if any, required by the Act. 4. A statement that the proposed change of rates if authorized will not effect a "major change" as that term is defined in Gas Utility Regulatory Act § 104.101. B. The City or its designated representative may require the gas utility to produce further information in addition to that required here, including the filing of any or all schedules associated with a statement of intent for major rate changes, if needed to assist the city in making its rate determinations. SECTION 3. Statement of Intent regarding rate changes that are major changes. If the gas utility is requesting a major rate change or a rate increase, which when applied on a total company basis results in an increase of more than ,the greater of $100,000 or 2.5 % in aggregate total company revenues over the test year revenues, then the company shall include as part of its Statement of Intent ail schedules and information provided for by this section as well as all additional information, if any, that may be required by this Ordinance or the Gas Utility Regulatory Act. The elements comprising this filing shall consist as follows: PART I - General Instructions A. The gas utility shall provide all information in support of its request for a major rate increase, including information required to be filed on the schedules set forth in this Ordinance, on a total company basis. "Total Company" infolanation must include the entire gas distribution system in Texas including all cities and environs as well as any transmission facilities located on the City side of the City gate. The terms "system" and "total company" are equivalent. B. The gas utility shall deliver two (2) complete sets of the rate filing package to the City. The utility must also separately file with the City two (2) complete sets of work papers used in the preparation of the schedules. One copy of each schedule included in the rate filing package shall be delivered to the City in electronic form on compact discs. All electronic files used to compute amounts in the utility's filing shall be provided in their original Page 3 of 16 $:~ur Doc u rne~u.~'dlmmc ~03~:.Fp Ord. d~c ', format including formulas (as Excel, Lotus, Word, WordPerfect, etc files). All links shall be intact and all formulas should function as originally utilized by the utility in preparing its filing. C. The gas utility shall ensure that all schedules shall be referenced by schedule number and name as indicated herein and shall identify the witness/individual, if any, sponsoring the schedule. Schedules, which are not applicable, shall be so designated. All lines on each schedule in the filing shall be numbered consecutively starting from the number 1 on each page. Do not number blank lines. D. The gas utility shall ensure that all work papers shall be clearly labeled "Work paper" and shall clearly indicate the rate filing schedule to which it applies. (For example, W/P A-2/1 would be the first page of the work papers that provide supporting and detailed information about the items presented on Schedule A- 2.) Work papers shall provide all assumptions, calculations, source documents and other data supporting the mounts presented on the schedules where' the utility presents its request to change any amount that may be included in determining gas rates charged to customers. PART II - Rate Filing Package Sche.d..ules Schedule A: Schedule A Overall Cost of Service The gas utility shall provide a schedule presenting its total company revenue requirement or overall cost of service including the cost of gas. The following mounts shall be shown in separate columns across the page: a. Historic test year per books, unadjusted. b. Year-ending adjustments. c. Known & measurable changes. d. Claimed revenue deficiency. e. Proposed revenue requirement. Schedules A-1 The gas utility shall provide a schedule summarizing on a total company basis all other operating revenues for the historic test year unadjusted, ali proposed adjustments and the utility's "as adjusted amount." Include a description of each item of other revenues. Schedu~ A-2 THIS SCHEDULE WILL DETAIL EACH REVENUE AND EXPENSE ADJUSTMENT SUMMARIZED ON SCHEDULE A. The gas utility shall provide a schedule showing the calculation of each of its proposed adjustments to test year actual per book amounts. The proposed adjustments shall be shown on a separate schedule in this section and shall be designated "Schedule A-2-x". References to supporting work papers shall be shown on each schedule. Schedule A-3 The gas utility shall provide a schedule detailing trial balance for the utility on a total company basis. The trial balance shall include all accounts and sub- Page 4 of 16 Schedule A-4 Schedule A-4a Schedule B: Schedule B-1 Schedule B-2 Schedule B-3 accounts maintained in the utitity's normal course of business. A copy of the utility's chart of accounts shall be included in the work papers section for this schedule. The gas utility shall provide a schedule detailing test year unadjusted Operations and Maintenance Expenses and Administrative & General Expenses by NARUC account and sub-account by month for the total company. The expenses shall be shown in columnar form, as follows, with subtotals for each functional classification: a. Operation and maintenance expense by account, as booked for the test year, and the total for each account. b. Adjustments, if any, to the per hooks expense. c. Total adjusted operation and maintenance expenses claimed. The gas utility shall provide a schedule detailing test year unadjusted Operations and Maintenance Expenses and Administrative and General Expense by NARUC account and sub-account for the total company. The expenses shall be shown in columnar form, as follows, with subtotals for each functional classification: a. Total company operation and maintenance expenses by account, as booked for the test year. b. Allocation factor applied to each account to arrive at the amount assigned to the portion of the total company for which rate relief is sought. c. Per book Operation and maintenance expenses claimed for that portion of the system for which rate relief is sought. Invested Capital & Return (System only unless otherwise stated) The gas utility shall provide a total company schedule titled "Summary of Invested Capital," which shall include each item that the utility is proposing to include as invested capital upon which the requested return is calculated. The historic test year rate of return shall be shown at the bottom of column (b). The following amounts shall be shown in separate columns across the page: a. Historic test year per books, unadjusted. b. Proposed adjustments c. As adjusted. The gas utility shall provide a schedule detailing the adjustments presented by the utility on Schedule B-1. On separate pages in this set of schedules, the utility shall show each proposed adjustment to the historic test year unadjusted amounts for each item of invested capital. The schedules shall be sequentially designated Schedule B-2-x. The gas utility shall provide a total company schedule detailing all post-test year adjustments to plant in service. Reference shall be made to other Page 5 of 16 8:~1e£ Doctt~t~t.s~t~c~t a~ces~)3LRF'p Ord-~oc Schedule C: Schedule C-1 Schedule C-2 Schedule C-3 Schedule D: Schedule D-1 Schedule D-2 Schedule D-3 Schedule E: Schedule E-1 adjustments to the unadjusted cost of service made to be consistent with the post-test year adjustments shown on this schedule. Original Cost of Plant in Service The gas utility shall provide a schedule presenting the original unadjusted cost of plant in service by NARUC plant account as of the end of the historic test year for the total company in the first column. The second column shall indicate how the total company amounts were allocated to the system. The third column shall present the system's original unadjusted cost of plant in service. Proposed adjustments shall be shown in the fourth eolunm with references to other schedules and work papers where the detailed calculation of each adjustment is presented. The gas utility shall provide a schedule presenting the original unadjusted cost of plant in service by NARUC plant account by month for the historic test year plus the last month of the previous twelve-month period for the system. The gas utility shall provide a schedute detailing the system's construction work in progress as of the end of the historic test year, unadjusted. The following information shall be provided for each construction project: a. Date project was begun. b. Estimated completion date. c. Purpose of the project. d. Test year end unadjusted balance. e. Estimated completed cost. f. Town/city to which the construction related. Accumulated Depreciation The gas utility shall provide a schedule presenting total company accumulated depreciation by NARUC account as of the end of the historic test year, unadjusted. Each proposed adjustment to the historic test year amounts shall be shown in a separate column by NARUC account with the "as adjusted" mount shown in the final column. The gas utility shall provide a total company schedule presenting the calculation of depreciation expense for the unadjusted historic test year and for the utility's adjusted test period. if the utility is proposing to change depreciation rates, the gas utility shall provide the Depreciation Rate Study herein. Detail of Other Rate Base Item.q The gas utility shall provide a schedule on a total company basis presenting the utility's calculation of cash working capital. If a lead/lag study is presented, all data supporting that study shall be presented in this schedule and/or in Page 6 of 16 Schedule E-2 Schedule E-3 Schedule E-4 Schedule F: Schedule .F-I Schedule F-2 Schedule F-3 Schedule F-4 Schedule F-5 supporting work papers. The utility shall demonstrate that the samples used in the lead/lag study were randomly determined and are statistically representative. The gas utility shall provide a scheduIe on a total company basis presenting all information pertaining to the sale of accounts receivable including the terms of the contract. The schedule shall demonstrate that the impact of selling the receivables during the historic test year on the cost of service was less than if the receivables had not been sold. The gas utility shall provide a schedule on a total company basis presenting monthly balances for Materials & Supplies and Prepayments. The balances shall be presented by NARUC account and sub-account maintained by the utility. (The calculation of the amount of inventories the utility proposes to include in invested capital shall be included in the B-2 schedules.). The gas utility shall provide a schedule on a total company basis presenting the monthly balances for customer deposits and customer construction advances. (The calculation of the mount of customer advances and construction advances the utility proposes to include in invested capital shall be included in the B-2 schedules.). Capital Structure & Return The gas utility shall provide a schedule on a total company basis summarizing the utility's proposed weighted average cost of capital. The gas utility shall provide a schedule on a total company basis presenting the details of the utility's common stock and claimed cost of equity capital. Work papers shall be provided to support the requested cost of equity capital. The gas utility shall provide a schedule on a total company basis presenting the details of the utility's preferred stock including any applicable discounts or premium. The calculation of the weighted average cost of debt shall also be presented. The gas utility shall provide a schedule on a total company basis presenting, separately, the details of the utility's long-term and short~term debt, including the embedded cost of debt. The calculation of the weighted average cost of debt shall also be presented. The gas utility shall provide a copy of the company's latest form 10-K as well as Form 10-Q for each of the last two calendar quarters. If the utility filing for the rate increase is not required to file these forms, provide the forms for the organization, which is required to file them. Page 7 of 16 S30ur Doc~mcm~Ord~c~O3~p OrtLd~ Schedule G: Schedule G-1 Accounting Information The gas utility shall provide a schedule on a total company basis presenting the following total utility payroll information for each month of the test year and for each of the three years prior to the test year in the format described below. a. Column (a) - list the twelve months of the test year and each of the three years prior. b. Column (b) - total utility regular payroll. c. Column (c) - total utility overtime payroll. d. Column (d) - total utility other pay. e. Column (e) - total utility payroll. f. Column (f) - total number of employees. This schedule will show the payroll information for each month of the test year and the annual information for each of the three years prior to the test year. If the test year is not a calendar year, the gas utility shall provide the information for each of the three years prior to the test year for the same time period as the test year. (I.e., if the test year ended September 30, then provide the payroll date for each of the three prior twelve month periods ended September 30.) Schedule G-2 Schedule Schedule G-4 Schedule G-5 The gas utility shall provide the following payroll information for the test year and each of the three years prior: a. Total company payroll. b. Total company payroll charged to expense. ¢. Total company payroll charged to capital accounts. d. Total company payroll charged to clearing accounts. The gas utility shall provide all payments other than standard pay or standard overtime pay (i.e., bonuses, severance pay, etc.) made to employees during the three most recent calendar years prior to the test year as well as the months of the test year. State whether the company is requesting recovery of these payments and where they are included. The gas utility shall provide the following information about bad debt expense: a. Company's policy for writing off bad debts. b. Methodology used to calculate monthly bad debts. c. For the test year, list the monthly revenues, the corresponding uncollectible expense, and the amount of net bad debts actually written off for each of the three years prior to the test year as well as for the test year for the total company. The year a. b. gas utility shall present a summary of advertising expenses for the test for the total company: Amount included in account 909. Amount included in account 913. Page 8 of 16 Schedule G-6 Schedule G-7 Schedule G-8 Schedule G-9 Schedule G-I 0 Schedule G-11 Schedule G-12 Schedule H: c. Amount included in account 930. d. Six representative advertisements, two from each category listed above. The gas utility shall provide details of comributions, donations and dues by month for the historic test year for the total company: a. Payee. b. Amount. c. Purpose. d. Account charged. The gas utility shall provide details of iegislative, lobbying, monitoring legislation and any other costs incurred to influence legislation during the historic test year for the total company. These costs would include any housing either leased or owned by the Company or any of its affiliates in WashingtOn, D.C. or Austin, Texas. Include the date of the payment, the payee, the purpose of the payment and the account charged. The gas utility shall provide detail of penalties and fines included in the test year for the total company. Include the date, payee, amount, nature of the penalty and the account charged. The gas utility shall present information on all outside services employed during the test year that appear in the NARUC 900 series accounts. This schedule shall include the following information for the total company: a. Expenses by category and by vendor within the category. b. Identification of expense by NARUC 900 series account numbers. c. Purpose of each vendor's service. The gas utility shall provide detailed information about amounts charged to Miscellaneous General Expenses, NARUC account 930.2, for the historic test year for the total company. The schedule shall include the following information for the total company: a list of all amounts charged to this account during the test year by date. For each charge, provide the name of the payee and a brief description of the services/good received. The gas utility shall provide a schedule detailing the various expenses charged to NARUC account 928 during the test year, the proposed adjustments to test year amounts and the amount requested for each item. Show each amount for the total company. The gas utility shall provide a schedule detailing total company lost and unaccounted for gas for the historic test year and for each of the three calendar years prior to the beginning of the historic test year. Federal Income Taxes Page 9 of 16 Schedule H-1 Schedule H-2 Schedule H-3 Schedule ~H-4 Schedule I: Schedule I-1 Schedule -I-2 Schedule 1-3 The gas utility shall provide a schedule providing the test year FIT and the requested FIT for the total company. Supporting explanations and calculations shall be filed in work papers and shall be referenced to this schedule. The gas utility must include supporting explanations and calculations for each tine item. (Total Company) The gas utility shall provide a schedule, which includes a reconciliation detailing those timing differences and other items that would produce federal income taxes at a rate differing from the statutory rate for the test period. The gas utility shall include a complete explanation of all items in the reconciliation. Supporting calculations for each item in the reconciliation shall be filed in the work papers and shall be referenced to this schedule. The gas utility shall provide a schedule of total company test year-end book balances, requested adjustments to those balances and the resulting adjusted balances for accumulated tax deferrals. This schedule shall also show the monthly book balances of accumulated tax deferrals for each of the twelve months of the test year. This schedule shall also include the additions and reductions for the test year. Each item giving rise to the tax deferrals shall be segregated. Allocations to the various systems within the total company shall be shown and supported by calculations and source documentation in the work papers. The gas utility shall provide a schedule supporting the provision for deferred income taxes included in the FIT calculation. Information for each line item must be provided. Work papers supporting the. amounts listed shall be included in the filing. Taxes Other than Income Taxes The gas utility shall provide a schedule presenting details of expenses included in NARUC account and sub-accounts 408, Taxes Other than Income 'Taxes, for the unadjusted test year for the total company. The totals on this schedule should agree with Schedule A-1. The gas utility shall provide in Schedule 1-2 and subsequently numbered schedules the calculation of the utility's proposed adjustments to historic test year levels for each tax. For example, Schedule I-2 might show the detailed calculation of a proposed adjustment to the historic test year cost for property taxes while subsequent schedules would show similar detail for each of the other taxes shown on Schedule I-1. The gas utility shall provide a schedule showing the ad valorem tax expense for the total company for each of the three calendar years immediately prior to the test year. The schedule shall provide the original cost of plant for the total Page 10 of 16 Schedule J: Schedule J-1 Schedule J-2 Schedule J-3 Schedule J-4 Schedule J-5 Schedule J-6 Schedule J-8 Schedule K: Schedule K-1 company as of January 1 of each of the four calendar years immediately prior to the test year. Affiliate Data The gas utility shall provide a schedule listing all affiliates with which the utility had transactions during the test year. The schedule shall include a description of each affiliate. The gas utility shall provide the most recent organizational chart for the utility system showing both regulated and non-regulated affiliates during the test year. If relationships changed during the test year, the schedule shall explain each such change and its impact on the utility's transactions with affiliates. The gas utility shall provide a schedule presenting on a total company basis the historic test year charges to the utility from affiliates by NARUC account grouped and subtotaled by class of items. The gas utility shall provide a schedule presenting affiliate expenses listed by affiliate and by NARUC account on a per book basis. The schedule shall include specific pro-forma adjustments and expenses shall be presented in the schedule on an adjusted basis for the test year. The gas utility shall provide a schedule presenting any affiliate charges included in capital additions during the historic test year and since the utility's last rate increase. The gas utility shall provide a schedule detailing the adjustments to historic test year unadjusted affiliate transactions including the description, purpose, and mount of each adjustment. This schedule must correlate to Schedule J-4. The gas utility shall provide a schedule detailing, for each affiliate with~ which the gas utility had transactions during the historic test year, each affiliate's allocation of charges to others including the gas utility. If the gas utility had transactions with any affiliate during the test year, then the schedule shall provide details of all costs allocated to related companies by all such affiliates during the historic test year and explain in detail the basis for each allocation. The gas utility shall provide any other information necessary to support its burden of proof with regard to transactions with affiliates as set out in GURA and by the courts. Cost of Service Analysis The gas utitity shall file a functionalized cost of service study and work papers necessary to support the study. All schedules in this section shall also be filed on IBM-compatible computer disks in Excel worksheets. Page 11 of 16 Schedule K-2 The gas utility shall provide details of revenues for the historic test year by rate class. This data shall include, but not necessarily be limited to revenues from the sales of gas, other revenues, and gas cost adjustment factor revenues. Schedule L: Schedule L-1 Rate design information: The gas utility shall provide a schedule showing on a total company basis the following test year information for each customer class: a. The designation of the class. b. The total number of customers of the class. The total consumption in MCF of the customer class. d. The total revenues derived from customers of the class. Customer charge revenues, commodity revenues and base rate revenues shall be separately stated and broken out in the schedule. Schedule L-2 The gas utility shall provide a schedule presenting for the system in the test year a bill frequency or other analysis showing consumption and number of bills at each rate and for each customer class for which the gas utility maintains such records in the normal course of business. ScheduleL-3 The gas utility shall provide a schedule showing the utility's current and proposed rates of return by customer class under the allocation methods proposed for the total company. The utility shall include all work papers used to derive such rates in this filing. PART III - Rate Filing Package Additional Requirements A. In addition to the schedules required by this Ordinance, if the gas utility has filed a statement of intent to increase rates, which constitutes a "major change" in rates as that term is defined in the Gas Utility Regulatory Act § 104.101, then the gas utility must provide the following additional information as part of its statement of intent: 1. A complete set of proposed tariff revisions. 2. A statement specifying in detail each proposed tariff revision, the classes and numbers of utility customers affected thereby, as well as the change in gross revenues (in absolute dollar amounts and in percentage terms-- each by customer class and by total) that the utility expects the revised tariffs to furnish as opposed to those furnished by existing tariffs. 3. Testimony or a narrative shall be included in the rate-filing package. This testimony/narrative shall support the utility's positions with regard to its overall request for rate relief and each proposed adjusmaent to the historic test year as well as provide the reasons for and explanation of the requested increase. The utility shall submit two (2) copies of the testimony and reports, if any, of company representatives and outside expert witnesses used to support such filing. Page I2 of 16 The names of ail other cities in which the gas utility will be making a similar filing. Copies of any press releases relative to the filing issued by the company or utility prior to or at the time of filing All other information, if any, required by the Gas Utility Regulatory Act. B. In connection with each statement of intent rate filing package for a "major change" in rates, the gas utility shall make available for review any or all of the following information to a designated City official for his inspection or copying upon written request: 1. Voluminous supporting studies, work papers, or documentation relied upon by each individual or witness in the presentation of his testimony. 2. The gas utility's books of original entry including the general ledger, sub-ledgers, journals, balance sheets, operating income statements, and monthly trial balances by primary account number, for each month dUring the test year. 3. All work papers used to derive the utility's adjusted value of invested capital, which were not included in the filing package. 4. All work papers used to derive the utility's test year adjusted operating income, which were not included in the filing package. Voluminous information and documents shall be made available for review by the desienatexl City.. official at a location within the jurisdictional limits of this City unless the City states that such information and documents shall be made available for review at an alternate location. In such event, the utility shall make such information and documents available for review in such other designated city. C. The gas utility shall also make its plants, equipment and other properties or any portiott thereof available for inspection and review during normal business hours upon advance notice by the d__designated City official. SECTION 4. Further information may be requested. A. Where information, data, representations are required by the Gas Utility Regulatory Act, but are not set forth in the specific schedules of this package, the gas utility shall set forth such information in testimony or a narrative and/or additional schedules to be filed with this filing package. B. The City or its designated representative may require the gas utility to produce further information in addition to that submitted in the Statement of Intent, including proprietary information, if reasonably needed to assist the city in making its rate determination. SECTION 5. Forms. For the convenience of the gas utilities in assembling the information required in tiffs Ordinance and for the sake of the convenience of the city in interpreting ttte information, the Page 13 of 16 City or its designated representative may prescribe the form and format for the submission of the information required in this Ordinance in a Rate Filing Package. Each gas utility shall comply with all applicable forms and formats, which have been so prescribed. SECTION 6. Affidavit required. Each rate filing package and supplement or addendum thereto shall be submitted in the form of an affidavit or have an affidavit attached thereto setting forth that all information contained therein is true and correct. SECTION 7. Expert assistance. Pursuant to Gas Utility Regulatory Act § 103.022, the City reserves the right to select and engage expert rate consultants, accountants, auditors, attorneys, engineers, or any combination thereof to conduct investigations, present evidence, advise and represent the City and assist with litigation in rate making proceedings and to require the utility to reimburse the City for the reasonable costs of such services. SECTION 8. Compliance with law. To the extent of any conflict between any of the terms or provisions herein and any state or federal law, rule or regulation, which has precedence over this chapter as a matter of law, the provisions of such state or federal law, rule or regulation shall prevail. SECTION 9. Interpretation. The provisions of this Ordinance shall not be construed to relieve any gas utility of its obligation to file with and make available to the City, the City Manager, or any other City officer or agency, any information not specified herein which is required to be furnished or made available by state law. Furthermore, each gas utility shall file, furnish and make available to the City or its designated representatives, within such time limits as he 'or she reasonably prescribe, all information that the City may from time to time lawfully request. SECTION 10. Waiver of schedules, reports, etc. Upon written request of the applicant gas utility, the designated City official may waive the filing of specific schedule or other information required by this Ordinance, if such schedule or information is not otherwise required to be provided by statute as set forth herein. The desi~aated CiW official may grant a request for waiver only after the utility has shown that the City's ability to make a rate determination would be frustrated by application of the filing requirement to the instant case and that the City has reasonable alternatives to the information subject to the waiver request. Denial of a waiver request renders that filing defective unless it contains an alternative that fully complies with the rules. In such case, the application will be processed using the alternative proposal as if the waiver had not been requested. Applications rendered defective may be dismissed without prejudice. Page 14 of 16 SECTION 11. Non-waiver of Jurisdiction. Nothing contained in this Ordinance shall be construed as constituting a waiver or surrender of jurisdiction by the City over the regulation of the service provided by any utility. The City reserves the right to adopt further modifications to the regulations, which are adopted in this Ordinance, by reference or to supercede the same in whole or in part to the extent of its jurisdictional area. SECTION 12. Proprietary Gas Utility Information. A. A gas utility providing information required by this Ordinance may request that the City treat such information as "confidential" or "highly sensitive confidential." The gas utility shall make a written request to the City or its designated representative that the information not be made routinely available for public inspection. Each request shall contain a statement of the reasons for withholding inspection and a statement of the facts upon which those reasons are based. The request for nondisclosure shall be treated and construed in accordance with applicable state and federal law, including the Texas Open Records Act, Ch. 552, Texas Government Code. The burden of showing eligibility for nondisclosure is on the gas utility. B. For those schedules that include information that the gas utility claims is confidential and proprietary, each page containing such information will be provided; however, information that is claimed to be confidential and proprietary may be presented in redacted form. C. Unless a protective agreement between the City and the gas utility controls the disclosure and use of proprietary, protected, or confidential gas utility information, the information required to be submitted by this Ordinance, whether claimed as "confidential" or "highly sensitive confidential" or other similar basis by the gas utility, must be provided in non-redacted form to the City or its designated representative under seal. Each page of this sealed filing containing "confidential" or "highly sensitive confidential" shall be clearly labeled as such. Two copies of cortfidential ixfformation will be provided to the City or its designated representative. One copy of "highly sensitive confidential" information will be provided to the City or its designated representative. No further copies of information provided under seal may be made by the City or its designated representative absent prior written approval of the gas utility submitting such information under seal. SECTION 13. Penalty Clause. That in accordance with Section 13.04(1) of the City Charter that authorizes the City Council to fix appropriate penalties to enforce compliance with all rules and regulations enacted by the Council, not withstanding and in addition and cmnulative to any and all other remedies at law or in equity the City may have, there is hereby imposed a civil penalty not to exceed Five Hundred Dollars ($500.00) on any person or entity who violates the provisions of Page 15 of 16 this Ordinance. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct violation. SECTION 14. Notice. The copy of this Ordinance shall be sent to each gas utility operating within the city. SECTION 15. Severability Clause. If any term, condition, or section of this Ordinance or the application thereof to any person or circumstance shall, to any extent, be held to be invalid, unenforceable, or unconstitutional, the remainder hereof and the application of such term, condition, or section to persons or circumstances other than those as to whom it shall be held to be invalid, unenforceable, or unconstitutional shall not be affected thereby, and this Ordinance and all the terms, conditions, and sections hereof shall, in all respects, continue to be effective and to be complied with. It is the' intent of City in adopting this Ordinance that no portion or provision thereof shall become inoperative or fail by reason of any invalidity, unenforceability, or unconstitutionality of any other portion or provision, and to this end ail provisions of this Ordinance are declared to be severable. SECTION 16. Cumulative Requirements and Effective Date. This Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,~ CIT2( ATTORNEY EULINE BROCK, MAYOR Page 16 of 16 AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET April 15, 2003 City Manager's Office Mike Conduff, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND Council Member Montgomery nominated Darla Bostick for the Animal Committee. Council Member Montgomery has nominated Diana Hatch to the Commission. This was a nomination for the entire Council. Mayor Pro Tem Burroughs has nominated Sherri McDade to the Library Board. The following is a list of current Board/Commission vacancies: Bob Ralph has resigned from the Historic Landmark Commission. This Mayor Brock. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary Shelter Advisory Historic Landmark is a nomination for