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Home My WebLink About05-13-1997 • • City Council Agenda Packet May 13, 1997 s A i ~.ner.n..r.».w.w~4R?~AN~~. r~. - .6...__..~.t i,r_,.y•~a~ ♦N,R .~~i s • Agenda No D---- AGENDA Agenda teem CITY OF DENTON CITY COUNCIL Cate May 13, 1997 Closed Meeting of the City of Denton City Council on Tuesday. May 13, 1997 at 5:15 p.m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCILRfSERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING T ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:15 P.M. 1. Closed Meeting: A, Legal Matters Matters -Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Work Session of the City of Denton City Council on Tuesday, May 13, 1997 at 6:00 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff dit Cttcm into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a work session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's • opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to all-)w citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. • 6:00 p.m. 1. Receive a report and distribute supplemental 1997-98 budget priority questionnaire. 2. Receive a report, hold a discussion and give staff direction concerning the 1997.98 Community Development Advisory Committee recommendations. • 0 A City of Denton City Council Agenda j May 13, 1997 Page 2 3. Receive a report, hold a discussion and give staff direction regarding the 1997-98 Human Services Committee recommendations. i 4. Receive a report, hold a discussion and give staff direction regarding rules for use of the cable television public access channel. 5. Receive a report, hold a discussion and give staff direction regarding Marcus Cable rates. 6. Receive a report, hold a discussion and give staff direction regarding recommendations from the Oversight Committee. Folio-a ing the completion of the Work Session, the Council will convene into a Special Called Meeting to consider the following: 1. Consider adoption of an ordinance of the City of Denton approving the transfer of Denton's Certificate of Convenience and Necessity pertaining to water service to a certain 9,500 acre tract of land located in Denton's northern extraterritorial jurisdiction aria to Bolivar Water Supply Corporation; and authorizing the Mayor to execute any and all documents necessary to properly effectuate said transfer. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1997 at __o'cIock (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 566-8309 OR USE TFLECOMMUNICAT IONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT 6 A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH I~ O • THE CITY SECRETARY'S OFFICE. ACCO0382 • • AyeMda No 17! D~ Agenda Date_ CITY of DENTOM TEXAS MUN0PAL BUN DING 215 E WK1NNEY DENTON, TEXAS 76201 (817) 566 8200 DFW ME'T'RO 434.2529 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance DATE: May 13, 1997 SUBJECT: 1997.98 SUPPLEMENTAL CITY COUNCIL BUDGET PRIORITY QUESTIONNAIRE Please find attached the 1997-98 Supplemental City Council budget priorities questionnaire. The questionnaire is designed end completed each year to receive early Council input to develop the City's annual operating and capital improvements budgets. Please indicate your preference for the City's efforts in the upcoming 1997- 98 budget year by completing both sections to the priority questionnaire. Section A allows you to circle the number in each row that corresponds to the level of effort you feel necessary for each service area (e.g., a response of 5 in regards to recycling efforts would indicate that a Council member would like to increase the City's current efforts toward recycling programs). A Section B allows you to attach a priority to each response in section A by indicating a priority rank of 1 through 7 0 =low; 7 =high) for each service area. For example, suppose the response in section A for litter program was to continue the current effort (4), and the priority response in section B was a 7 (high). This combination would indicate that this particular Council member was satisfied with the City's current effort in liter programs although litter prograns are a high priority service area for this • Council member. ii 0 • I "Vedieated to Quality Service" r t ,.r. _ 7 7 O • w.. I 1 Honorable Mayor and Members of the City Council 1997-98 SUPPLEMENTAL CITY COUNCIL BUDGET PRIORITY QUESTIONNAIRE May 13, 1997 Page 2 Please note that the 1996-97 Annuall Program of Services includes both workload and productivity measures for each City division. This information is useful in determining how well each division is doing in relation to their stated Goals and Objectives. This information may be useful while completing the budget priority questionnaire. Each Council member should have a copy of the 1996-97 Annual Program of Services. If you need another copy, please advise. Please complete and return the attached questionnaire to the budget office by Tuesday, May 20th. Discussion of the questionnaire results is scheduled for Tuesday, June 10th. If I can provide you with any assistance, please call me at 566-8535. Respectfully submitted: t dM& Ket u se Executive Director of Finance O f lI O O O 1F N AFF01499 • • • r' SUPPLEMENTAL CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE 199798 BUDGET Plena Indicate your preference for the City* efforts In the upcoming 1997-98 budget year by completing both sections to the priority questionnaire, Section A allows you to circle the number In each row that corresponds to the level of effort you feel necessary for each servks area (e.g., a response of 8 In regards to recycling efforts would Indicate that a Council member would like to increase the Cltys current efforts toward recycling programs). Section B allows you to attach a priority to each response In section A by indicating a priority rank of S through 7 (t■low, 7whigh) for each service area. For example, suppose the response In section A for Ikter programs was to continue the current effort (4), and the priority response In soctlon B was a 7 (high). This combination would Indicate that this particular Council member was satisfied with the CRys current effort In Nor programs although litter programs are a high priority service area for this Council member, .ti) l y A r 3 • • • SUPPLEMENTAL CITY COUNCIL BUDGET PRIORITIES QUESTIOtINAIRE 1997.98 BUDGET Plosse complete both Sscdons A and 8 according to the Insoucdons on the coverpspe. C ins nanw.a saw+u svesrr SRUWA-- - -Si?:tlblFB Prbrffy 6ubsbnealy substantially of Eaminato Reduce Reduce Continua Inemaw Ircroase Initiate ResponzA No Current Current Currant Current Currant Current New 1.7 Service Area Oplnlon Effort Effort Effort Effort Effort Effort E" 1•bw ?"Ighl Pubs c 5a`~.~..._. A) Police Patrol 0 1 2 3 4 6 6 7 B) Crime Investigation 0 1 2 3 4 b 6 7 C) Drug Abuse/Enforcement Programs 0 1 2 3 4 6 6 7 D) Community Oriented Policing (COPS) 0 1 2 3 4 6 6 7 E) ParkingfTraff a Enforcement 0 1 2 3 4 6 6 7 F) Fire Prevention 0 1 2 3 4 6 6 7 G) Emergency Medical (Ambulance) 0 1 2 3 4 6 6 7 H) Fire Suppression 0 1 2 3 4 6 6 7 1) Emergency Preparedness (Management) 0 1 2 3 4 6 6 7 J) Environmental Health (Inspection, Etc) 0 1 2 3 4 6 6 7 K) Animal Control 0 1 2 3 4 6 6 7 L) Municipal Court 0 1 2 3 4 6 6 7 1 M) Juvenile Justice System 0 1 2 3 4 6 6 7 N) Auto Theft Prevention Programs 0 1 2 3 4 6 6 7 • 0) Children Oriented Safety Programs 0 1 2 3 4 6 6 7 z Pub10 VYoiir~A) Street MalntenancefRepair 0 1 2 3 4 b 6 7 B) Street ConstructlonfRebullding 0 1 2 3 4 6 6 7 Cl Street Sweeping 0 1 2 3 4 3 6 7 • DI Traffic SlgnallsalionfEnglneering 0 1 2 3 4 6 6 7 8 E) Airport Development 0 1 2 3 4 6 6 7 ` ❑ d A) Public Transportation (SPAN, etc.) 0 1 2 3 4 6 6 7 B) Neighborhood Services (NICE, etc.) 0 1 2 3 4 6 6 7 { • 0 • i I SUPPLEMENTAL CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE 1997-98 BUDGET Plaee complete bate Sections A and 8 wcording to the Instructions on the cover pope. CA12RSWW00kfW0W?10*4C01WW%QM PAK91eV.POUKWKI $41W SRO fA-' -SitUd7f s Priority j Substantially aubstaMfally of Ellminale Reduce Reduce Commwte lecrsese Increase MYSaee Rasporaa No Current Current Current Current Current Current New 1.7 %r Ser4ceArea Opinion Effort Effort Effort Effort Effort Effort Effort 1•{oW 7•hiQh) C) Dewntown Redevelopment (MAIN ST., Etc.) 0 1 2 3 4 6 6 7 D) Low d, Moderate Income Housing 0 1 2 3 4 6 6 7 E) Long Range Comprehensive Planning 0 1 2 3 4 6 6 1 F) Development Review Process 0 1 2 3 4 6 6 7 G) BeautHication (Parks, Facilities a Medians) 0 1 2 3 4 6 6 7 Code Enforcement H) Demolition of Substandard Bldg 0 1 2 3 4 6 6 7 1) Sign Vlolatlons 0 1 2 3 4 6 6 7 s J) High WeedsMebrfs Violations 0 1 2 3 4 6 6 7 i N) Building inspection 0 1 2 3 4 6 8 7 L) Historical District Preservation 0 1 2 3 4 6 6 7 i d44.. Room Now P"&/Park Expansion ; A) (In Neighborhood, Community) 0 1 2 3 4 6 6 7 • Park M&Intenance B) (Athletic Fields, Median, Mowing) 0 1 2 3 4 6 6 7 i C) New Athletic Fields 0 1 2 3 4 6 6 7 D) Bicycit/Hiking Trail Development 0 1 2 3 4 6 6 7 E) Greenbelt System Plan ninglDevelopment 0 1 2 3 4 6 b 1 F) Recreation Center Programs 0 1 2 3 4 6 6 7 • G) Senior Chizen Programs 0 1 2 3 4 6 6 7 0 H) Youth Recreation Programs 0 1 2 3 4 6 6 7 I) Now Athletic Programs 0 1 2 3 4 6 6 7 J) Civic Center Maintenance 0 1 2 3 4 6 6 7 K) Library Programs (In General) 0 1 2 3 4 a 6 7 L) Library Expansion 0 1 2 3 4 6 6 7 G) • • SUPPLEMENTAL CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE 1997.98 BUDGET a Mean complete both Secdona Acrd 8 according to the lnsbucdona on the coywpage. a+rcwe narewraoosa WXI unetr RWlflf--- SAKMIM l'B 'Y Prbray Subsbndaly suMtandsly of Eaminata Reduce Reduce Continua Increase Increase k9ftse Response No Current Current Currant Current Current Current New 1.7 Service Area O Effort Effort Effort Effort Effort Effort Effort 1sknw;l6w) M) LlbnryYouthfChlldren's Programs 0 1 2 3 4 6 6 7 N) Library Reference Services 0 1 2 3 4 6 6 7 a O) LlbreryAudioMsual Services 0 1 2 3 4 6 6 7 .1 A) Legal Services 0 1 2 3 4 6 6 1 8) Info/Dots Processing Services 0 1 2 3 4 6 6 7 C) Risk Management 0 1 2 3 4 6 6 7 D) Internal Audit Services 0 1 2 3 4 b 6 7 E) Personnel Recruitment 0 1 2 3 4 6 6 7 y, F) Employee TraininglDevelopment 0 1 2 3 4 6 6 7~ 0) Workforce Diversity 0 1 2 3 4 b 6 7 P '.f A) Landfill 0 1 2 3 4 6 6 7 • B) Solid Waste Collection 0 1 2 3 4 6 6 7 C) Storm Drainage Improvements 0 1 2 3 4 6 6 7 D) Wastewater Treatment Plant 0 1 2 3 4 6 6 7 E) Water Storage/Reserves 0 1 2 3 4 6 6 7 F) Litter Programs 0 1 2 3 4 6 6 7 G) Recycling Efforts O it 2 3 4 b 6 7 • H) Electric Services 0 1 2 3 4 5 6 7 • 1) Telecommunications Systems O 1 2 3 4 6 6 7 J) Infill Policy Development 0 1 2 3 4 6 6 7 0 • A • SUPPLEMENTAL CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE 1997.98 BUDGET Please complete both Ssctfons A and 8 wcordlnp to AN Ustrucdons on tM cowr page. o.+rnai TI~tNatl/~OLe7,WK4 sussri S. con A Prbrky tuesbrMaRy Subsbnd* Of EV"*mW Reduce Reduce Coom Irwrom blem" WWb Rasponw NO Current Current CurnM CumsM Current CurnM New 1.7 Servke Area O Effort Effort Effort Effort Effort Effort EHat 1-low; 7-high i • e • In addition to kWluWV your program fwWkq praterencea, please I d"to below any spaeUk actions or dlrectloa Cut you dastre stiff to take In preparing the 199?48 annual budget (the first Item Isted bOV your NOhest piloft. e st 12. Is. I S i 1:. w Mee • • n, r Agenda Item CITY COUNCIL REPORT FORMAT We r12 112 -7 _ TO: Mayor and Members of the City Council FROM: Rick S%chla, Deputy City Manager DATE: May 13, 1997 SUBJECT: Discussion concerning the 1997-98 Community Development Advisory Committee recommendations. RECONIMENDATION: The Communit,- Development Advisory Committee recommends adoption of the 1997 Action Plan for use of CDBG and DOME funds. CDAC's recommendations inciudr housing activities, public improvements and improvements to nonprofit facilities. CDAC also recommends that 5186,000 be set aside for human services. Recommendations regarding human services allocations have been made by the Human Services Committee. SUNINJAR During December 1996, the CDAC held two public hearings to get citizen input on the use of 1997 CDBG and I TOME funds. CDAC members who were not present at the hearing received copies of the minutes. Applications were accepted in January 1997. CDAC reviewed the requests and held funding hearings in February. Final recommendations were formulated on February 15, 1997. After the Human Services Committee developed recommendations for the $186,000 allocation in CDBG funding, staff drafted the 1997 Action Plan. The proposed Action Plan was advertised as available for public comment from March 30 through April 29. Copies of the plan were placed at accessible locations throughout the City, A summary of comments is included in the Action Plan, • BACKGROUND: r A summary of CDAC's recommendations is included in the 1997 Proposed Action Plan (attached). • PROGRAMS. DEPARTMENT OR GROUPS AFFECTED: O • Implementation of the 1997 Action Plan will affect neighborhoods, households and individuals benefitting from the expenditure of CDBG and/or HOME funding. It Hill also affect those organizations who must plan and carry out projccWprograms. Some of those organizations are listed below. f f 7 77 • • City Council Report Page - 2 Community Development Advisory Committee Neighborhood Organizations Social Service Agencies Owners of Rental Property Home Owners and Buyers Denton Affordable Housing Corporation Fairhaven Retirement Center Engineering and Transportation Department Community Development Office FISCAL IMPACT: All activities included in the 1997 Action Plan will be funded through programs administered by the U.S. Department of Housing and Urban Development and local program income. All Community Development staff positions are funding with CDBG and HOME dollars. Please advise if I can provide additional information. i i RESPECTFULLY SUBMITTED; Rick Svehla, Deputy City Manager Prepared by: O ' r Bar ara L, Ross ' Community Development Administrator • Attachment 1997 Proposed Action Plan • CDAC minutes for February 10, 1997 CDAC minutes for February 15, 1997 IA w„AKS i r.l.w cc p197. wpd 4 J"~ • • CITY OF DENTON 1997 PROPOSED ACTION PLAN for housing and community development F Linking needs, strategies, resources and ® projects/activities I~ o 0 DATE OFADOPTION • • W Action Plan for Housing & Community Development TABLE OF CONTENTS PAGE 1. 1997 Action Plan A. Summary 1. Introduction 2, Funding Summary 1 3. local Match 2 4. Citizen Participation 2 B. Funding Sources I. Summary 2. SF424 Appli ition - CDBG Funds 4 3. SF424 Application -HOME Funds 6 C. Projects/Activities 1. Summary . 8 1. CPD Listing of CDBG and HOME Proposed Projects 9 r 2. Other Proposed Projects 24 D. CP Strategies and Proposed Projects 1. Affordable Housing Strategies . 25 2, HomcfeSSOM Strategies . 3. Human Serv;m Strategies 26 4. Infiasoucture Strategies 26 5. Economic Development Strategies 26 ' E. Projects/Activities Map 27 F. HOME Program-Specific Requirements 28 • G. Certifications 29 II. Appeodii A, Public Hearing Minutes on Use of Funds 1219/96 . 35 ' B, Public Hearing Minutes on Use of Funds 12/19/96 C. Other Comments Received on Use of Funds . . . . . . . . 38 D. Comments Received during 30-day Comment Period . . . . . . . 38 I E, Public [fearing Minutes on Action Plan 516/97 . 38 i • • 1997 Action Plan for Housing 3 Community Development r SUMMARY \ INTRODUCTION This d0ctnmeit serves as the City of Denton's 1997 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFA Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the city of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 1997 program you to address Dentods strategies stated in the 1995.2000 Consolidated Plan, Denton's 1995-2000 Consolidated Plan describes the city s strategies and resources for the nerd 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 identified in 1995 you and ate reaffirmed this year. D Affordable Housing Strato&: Assistance to Renters, Homeowners, R-st•Time Homebuyers aid Potentially Homeless and Those with Special Needs; 0 Hottadasuesa Stntegin: Service Coordination, Permanent Howing, Immediate Shelter, Transitional Housing, Prevention std Case Management; 0 Hoom Services Svrte&: Development of a Service Coordination Uiit, AddkiolW Resources to Areas Identified u Urgent Need in Needs Assessment, Promote Increased Communication and Coordination Among Service and Funding Organizations, and Promote Self-Sufficiency, 0 Infreatradere Improvemat Strettgka: Acceuibility for Persons with Disabilities, Affecting Health and Safety of Neighborhoods and Human Service Facilitid; 0 Econoaak Developsaent Strstep: Development of a Community Development Corporation. 1947 KWD"IG SUMMARY The lity of Denton is currently an entitlement city for the Community Development Block Grant and HOME Investment Partnership Programs. The City of Denton's 1997 allocation for CDBG is $1,242,907 (includes $157,907 in 1996 CDBG reallocated funds) and for HOME is $449,000 from the U.S. Department of Housing 0 and Urban Development. A total of $26,500 has been anticipated u program income for this program yea. SF- 424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 4 and 6, respectively. The HOME program also requires a local match. Also, available to the City of Denton is $2,500 of unprogrammed funds from the 19)6 program year. Total funds available to the City of Denton for the 1997 program year are $1,720,907, The City of Denton has allocated a to total of $1,718,407 for the I9)7 program year. The remaining unprogrammed funds of $2,500 will be I 0 programmed at a later time. i, Page I 5 0 ' • S i 1997 Action Plan, for Housing & Community Developmcnr LOCAL 1 ATCH The City of Denton's local match for the HOME prorc7i is $95,413. The HOME program requires a participa* jurisdiction to provide a 25% match of the foderal HOME finds. The 25% match of federal HOME funds excluded administrative allowances of 10%, and CKDO set aside of 5%. The City of Denton will provide the match from a variety of sources. A cash match will be provided by the Denton County Housing Finance Corporation. Odor forms of match include Property donations and fee waivers. CITIZEN PARTTCDPATDON To ensure citiua participation in the 1997 Action Plan process, the city follovred its Citizen Participation Plan. Two public hearings were held on December 9 and 10, 1996. The public hearings updated citizen on die states of current programs and activities and determined how the citizen felt the 1997 furls should be spent. One of the public hearings was held within a low and moderate income neighborhood and the other was held at local senior center. Both public hearings were well attended, Flyers for the public hearings were developed in Eq,lisb and Spanish and mailed out to neighborhood asmciatfons; service agencies and recipleets; city council, Hunan Semvim Committee (HSC) and Community Development Advisory Committee (CDAC) members; chtrcbes; contractors; participating (seders; citizens who attended previous public hearings; and faterested citism Notices were also sent b the local media and posted in 1ec+e860n centers, library, senior center and city buildings. Nodoes were also Placed on Ilse Community Bulletin Board - local cable statiom, the city's govexmmemt chant and in the Denton Renard Chmakle, C After the Action Plan was &&? ad. Idverd mamts were placed in the Daft RecorJ Chronicle stnnmarWq the plan and announcing to the public whore the Action Plan was available for trwievi, and the process for submitting comes mts to the City of Denton. Notices were Ilan pWW on the Commrmity Bulletin Board - local cable station and the city's government ebarmel. A 11 comnm* received from the public were addrssaed before submitting the plat to tie U.S. Department of Houa:ng and Utbam Development To enure aid= participation at all stages of the 1997 Action Plan proeeaa, a dread public hearing gave citizens the opportunity to comments on the 1997 proposed pmlecti and activities. The public baring was during a City Council meeting. See Appendix on Page 15 for minutes of of throe public bearings and a summary of comments received by mail or by telephone, _r J O ~ ~ O O Page 2 P at ~.y.ac, 5.._.,. mot.. O •L"k/~n ` 4 , , . , . ~ • 1997 Action Plan for Housing & Community Ikvelopment C FUNDING SOURCES U.S. Department of Housing and Urban Development CPD Consolidated Plat Entitlement Grams (includes reallocated funds) S 1,691,907 Unprogrammed Prior Year's Income not previously reported S 0 Surphu Funds (Prior Year Unprogrammed Funds -1996) S 2,500 Return of Gnrrt Ftmds S 0 Total Estimated Program Income (Gem detail below) $ 26,500 Total FtuWiq Sourca: $ 1,720,907 FAmakd Frograa Leone Deaedpd" Gtnatae Sabneipieat I. CDBG HR Loan Repaymeab S 21,000 0 2. HOME HR Loan Rapaymena $ S,500 0 3• f 0 0 "4 . $ 0 0 S. S 0 0 ToW Eatitsated Progna Leome S1f,50! 1 i I C i Page 3 n r1 . • e NO APPLICATION FOR 009 App, aM, a1A/000 FEDERAL ASSISTANCE a 0aA1E6/01/~97 ~ #°°t-" www ~ L rf" OF &MMU : Lan itcv+m ar STAYS Aeon aw 1Mr Aopk~ Nrelr a la%F WW My F W W A L WBK.y F WdlyMr Non.tealwdN, L".M City of Denton Community Development Office 'tea * 21S m,ry. dak na4 m1Y1: IYn.tirM~aNMd1r1adrrmALe,e an wr.ruy,xa 15 East McKinney street ra rMaorm ldw W" Mal Denton TX 76201- Barbara Rose, Administrator (817) 383-7726 a!rLom CUMC&DW MIAt T. Ty" OFAnI1CANT: aW+MOreAdrAlo~J 7 - 6 0 0 0 5 1 4 me a Cog* i &O a ly. cw,+v l TYR OF APPLJCAT,= C W* d L~ Ir,~ E Ib r L h*AAW © c°Ar'" ❑ Mr'o, F, IrM1dN a Aae n, S n1a1sL ~ MIVa1a Nrap}E, Scyu) ❑ ❑ 0. yr/d OIrM a Oe~ f4Elh1 D mom... Oyu A.ed c 1v~ Q'rO1 a NA! OF A NWAl ASALT, U.S. Dept. Of Rousing i urban AMA a M CATALOG C O AIWA NM~ LeOaaalSC 14-218 1 L assatunlt mu ar ARUCA1fflTmwp. mLE CoaauTLity Development Block Grant repair, dr+ OA9etimprovaAentg, renovation of public facilities, 11AWArPWw ar Fe1on1ACT&do&0"~y~ skT provision of public services, City of Deac, Texas homeownership assistance and administration, M DM* DAG Ola a FFp,aE 08/01/97 07/31/90 26, 13, 4 r~.Ma 26, 1], 4 l hbd 1,212,907 m it ■ APPLICATION PAACT roanaE ry IlATa CmCymq 011041 lam PROCUN I a a nn AV[M 00gMjMF oLaa~ y tOft roT1E a AAP1,ad 1 0 ao C 3.6 t 0 • S ALam, a MO © P"00" A NOT C06Vn M r 0 12M . 0 ~ r OFr 1 O dI MMM MM NOT SEEM SELECTU aY STATE FOR REVIEW A 0 ~ 21,000 00 It A Ta APRJCAMT DEIJMOW ON ASP/ FEDOML 00. 7 GI o TOTAJ 1 1,263,907 0o ❑ Y• 1YW-0bd111rW h,,, El • 0 to ro Tlr SLIT aW NMOIYLa AMO IC". ALL OA TA N 71411 AFRJCATOM,PNEVFUCAT00N AAa MA AND AOTNOItln?D N TlA OOYlAIep00[aOOY or T1A ARtxAMT w Z FyCAMT CONA'EC, TN[ DOo~ I atdl DOLE AF I FALL COIMLY FATN TIIE ATTACM0A*1kA%ANCp d r19 ~ANN Sl OULT AVVJM Ted Benavides ' AT,rpbMn„rr City Manager (817) 566-8307 d a4,r<ra d AAbaad Nya,~,hp,1 E Od~fOMM Piwaa Fdbnl Md Urda ~ { Auftrzed kw Local Reorodl, , 4 l • 9. B. Departsent of Housing and Urban Development Consolidated Plan system 6FIU Supporting Document C 14 reference to submissions Applicant Identifiers statc Identifiers Federal Identifiers Contact persons Barbara Roam, administrator (817) 383-7726 17. If applicant is delinquent an my Federal debt, attach as eTimations N/A • i t I ~v oil I ar" • • OMS ASIpo.d Ne. 044M APPLICATION FOR EDan$UWXTT O. wpt..ft+fw FEDERAL ASSISTANCE 06/01/97 L TYFE OF lumo m a GTE R[CSIMM BY STATE S" ApPk~ MOWWW AAlaaw FaMPma: / / ❑ Cad"+dalr ❑ Faviruc 0A 4 GTE acem IY FORM AOBICY Febrd LSrallr LANWIM~ L"M Maar. OI W OWM d Ua City of Denton Community Development Office Allan V4 GNP 00.04.011%. urso am. Na,N sHtYpvr rurlb d FNaa" b Ya erAadsE an M" YMdrp 215 Bast McKinney Street Ml AFFbdnlyw Mu mb' Denton TX 76201- Barbara Ross, Administrator (817) 383-7726 L 101% Rl rur T. TM OF AFIUGMT: *0 Aa/rysr. Yarn W LI-7 5 6 O p 0 5 1 4 A aab x YaIralFb Wad OWU 1, c4w* L Rsb CoaebE hOU10 IF Wow %AW" C I%"" J. 101%o Uaoab L TYPE OF AFFLICAFIOM: 0 Taa.dla R Ylrt T,4 a ardab L b0f" ❑ Nw © Cpaadb" ❑ FY"Yhl F. lwusyd V. POW oaraaan a SPWOMI'm M 0"(11 E RadIbIL asar sFareprlda YasRq F a.ei ❑ ❑ A Vv Aaod a OMOrar Aaod C aoINIa Dunn a %W OF FDRYIL AORIOM: 0 Oauaar Dirt, 0h ft~* U.S. Dept. of Housing i urban ri CATALWOFFMOKP' 0 14-279 ILOMW MU OF AFF1CMfTa MOMI.- ASEWAMMMMM Homeownership assistance, now housing nrll HC44H Investment Partnership Program construction, assistance to CHDO, C program administration and rental It AM AIPrOIaD W F'aOlaeT pant aoia 0&& housing subsidies. ds: j City of Denton, Taus I ~Mp ILrI OdI EMq Dds a Apaor b FoOd . 08/01/97 07/31/98 26, 13, 4 26, 13, 4 1l•AFPJG110R"A" M WMX eT VAN ErlMM 4111111101 USTI FROMM T , a NORM 1 449,000 M . M TIN, PAEAFFUUITION I AFft"rM WAa SIAM A%MAKE TO THE IrTATE MW M OWEII 12M PROCA FOR REVWWOK a APPL" a 0 GTE c EIr i 0 00 • a NO © F1IOp1Mf r r Lt C0rEI1L0 ar E 0 1227E a Leer 1 0 au i+ ❑ OR PROGRAM HAS HOT ISSN SELECTED NY STATE FOR REV" a DPW 1 0 W i F+ovan amr.a S S,500 00 11. r IN& AFFLSCANT DELEIRRNTOR ANY FWLW Dann • E TOTAL 1 451, $00 00 ❑ Yaa F Na.•dmlan supbldlorl ® N. • • 1a M T>E MST OF MY K MAEDOt Am KLAU, ALL DATA w FNS A►FJCATIo*pR AFFUcAPON Aa TRUE AND 000110". TIN DOWNEN'T N411®1 DOLT j AUTIgl1= M TIIE OoMf1DDp SLIOY Of THE APFLC AND TIE AFFIXJWT WU OMPLT WTH THE ATFACIIM ASS AROM F M AIMIANOE r AVIMADM. 11 I a i,paa ft" 7 AIOWap Rapaarbq 1 Ta" c TaYFDOrr nalia, Ted Benavidee City Manager (817) 566-8307 M &r.An d AJatwd R4u,"Ia w a Dab Swod Pn [aml MCI Vaato eI M..n:vA 4,.I rY+l on..,..w...,:_ Irlrld Fan! AN•rFtMaae~ 10 i ~ . • r • D. S. Department of Housing and Urban Development Consolidated Flea System IF636 Supporting Document C ti ` In reference to subaissions Applicant Idestifiori State Identifiers Federal Ideatifleri Contact persona Barbara Sass, Administrator (817) 383-7726 17. If applicant is delinquent an any Federal debt, attach an e plaaaticni N/A - • I i w y I 1997 Action Plan for Housing do Community Development 1997 PROJECTS/ACTIVITIES C CDBG AND HOME FUNDS t Tile City of Denton's total funding for 1997 is $1,720,907. Program funds have bcco allocated to an array of rro*ft and wivities to benefit low and moderate income households. Each project is described in detail from pages 9 to 23 and are arranged by project number. See the following list of CDBG and HOME proposed projects and activitic- for their assigned project and page number. Project 0 Project/Activiq Name Amovat Page I8 Adult Day Care of North Teams (Smites) 12,000 18 I Adult Day Care of North Texas (Rehabilitation Project) 10,500 9 14 AIDS Services of North Texas 15,000 16 19 Boys & Girls Club of Denton County 7,600 I8 2 Bradshaw St. Culvert Drainage Project. . 160,000 9 15 Camp Summit 8,000 16 3 Community Development Administation 293,480 10 4 Denton Affordable Housing Corp. - Administration.. . 22,450 1 i 5 Denton Affordable Housing Corp, - AI{OP 82,832 11 20 DISD - Teem Taking Responsibility its Parenting Skills (TTRIPS).. 1$,000 19 6 Emergency Repair Program 50,000 12 7 Fairhaven Retirement Home - Rental Subsidies 14,544 12 8 Homebuyas AsaWanice Program 241,832 13 16 HOPE - Transitional Housing 25,000 17 9 Homeowna Rebabilhation Program 391,318 13 17 Interfaith Ministries 10,000 17 21 luvenik Diversionary Services 11,000 19 10 Lakey St Paving0rainage Project - Phase 2 126,651 14 11 Optional Reconstruction Program 97,332 14 22 PARD. King's Kids Summer Program 25,000 20 23 PARR: Owlsey Summer Program 16,800 20 • 26 Riding Unlimited 3,000 22 12 SPAN - Curb Cuts/Ramps Project 13,811 15 24 SPAN- Fairhaven Homemaker Services I I,t100 21 2' Special Olympics of Denton 4,257 22 13 T WU CARES - Dental Clinic Renovation 30,000 15 • 25 TWU CARES - Health Services 20,000 21 O • TOTAL FUNDS ALLOCATED 1,718,40' C LESS; 1997 FUNDING AVAILABLE 1,720,907 23 33 UNPROGRAMMED FUNDS (2,500) Page 8 c A NJ 0 e e U.S. DePArtment of Holldng and Urban Development CPD Comoiidated Plan -19% Action Plan Listing of Propoaed Projects y ID/ Projectl Code Project Title ! Acti Code Description T / Citation i ~B Sources Accomplishments ADULT DAY CARE REHABILITATION 03A CDBG f 10,500 20 People (General) CDE7 Project consists of rehabilitating an exlstlrig facility to lm ve HOME S 0 the health and safety of the facility. Funds will be utiliz d to 570 Senior centers 7 OPWA f construct 2 wheel chair ramps, rehabilitate a restroom facility f 0 and purchase and install storm windows and Installation in auk SUa7OTAL: S 10,500 PHA and crawl space. The improved facility will meet a critical health and safety need for the frail elderly, mentally and f 0 physically impaired adults. Prior to the rehabilitation of the roT~ S 10500 facility 5500 will be selaside to conduct a stntetural analysis of the facility. Prior Year Money NO Help prevent homelessness? NO Help the homeless? NO Help those with HIV or AIDS? NO CDBG National Objective Citation: 570.208(sx2) • LOW/MOD LIMITED CLIENTELE BENEFIT Subrecipient: Non-Section 204 Location(s): ADDRESS • 2400 W. University Drive. Denton, TX 2 BRADSHAW ST. CULVERT PROJECT 031 CDBG f 160,000 500 Paople (General) CDF.4 This project consists of providing a proper drainage culvert for Flood Drain HOB f 0 Pecan Creek Tributary 4 crossing on Bradshaw Street. The Improvements / OP WA f 0 e project will improve the drainage and flood plaid in the area. 570101(c) SUM f 0 Project will be completed by the Engin&aing Department AL f 160,000 TOTAIA f 160,000 Prior Year Money: NO Help preveof homelessness? NO e Help the homeless? NO Help thou with HIV or AIDS? NO CDBG National Objectiv: Citation: 570108(txl) • LOW/MODAREA BENEFIT Su brec ipien C None Location(s): CT & BO • Denton County: ; CT 212, BG 2 Page 9 W • • I . i U,S, De Corooddeat of Houdqan ated anti Urban Dere11w0 Pl . Lbdcg of Propond Projects ° Local Code Project Title / Activity Code / ! Description Title / Citation Proposed ! 3 COMMUNITY DEVELOPMENT ADMINISTRATION 21A Funding SOYrCe~d Accomplishments CDBG f 248,580 1 CD~Oi CDBG funds will be used for o y HOME s 44900 Organizations 14h140 coordination, monitoring and evaluation associated management (knoll out eligible sctiviticluding staff ''dmIO~~ ~ OPWA f s p salvia, offiao and 570.2% equipment, furniture and supplies, rent, maintenance and S[ A And g S 39J,Id0 AL, utilities, board expenses, training, travel, asdvetisieg, PH $ 0 publications, administration of human services budfat and A~MiaEed~ f 0 monitoring ofegenciesandcity depvnnents;WmhsLtraitiOpof S 29J,48 the Homebuyers Assistance, Housing Rehabilitation, Op6oaJ Reconstruction, Rental Rehabilitate, Emergency PrlorYearMoeey: NO Repair, Affordable Housing and Demolition programs; completion of environmental review, Consolidated Plan, Grant" P"f"mance Report and other required documentation; provision of fair housing services. HOME funds wilt be used for partial payment of salaries for the HR Specialist, Assistance A Housing inspeckr positions Help prevent homelessness? NO Help the homeless? NO Help those with HIV or AIDS? NO CDBG Nrtional Objective Citation: 570.208(&x1)- LOW/MOD AREA BENEFIT Subrecipienc None O Location(s): CITY WIDE - E{I Page } n•Y , 0 • 0 U.S. Department or iiouio C ln8 And Urban De.elopment ►C oU oft ProPlan - posed Pi'h ~ Plan Project ID/ Project Title / Local Code Description A'tv ty Code / Tftk / Citation Funding .Source! Pro4 DAHC • OPERATING EXPENSES Accomplishments 211 CDBO S HM44 The Denton Affordable Housing Co HOME 0 t Organizations with operating expenses. Funs willbee used tot be provided HOME CHDO ESO S 22,450 rent, utilities, and purchase supplies for the organtwiatloo The Operating EX macs HOPWA S 0 city will com nue to assist and to monitor DAHC (subject to S% cap) S 0 1 operalIons an pr ojects as the organization expends HOME fuu ndin The SUBTOTA: f =2,430 PHA finding 0 P ary objective of the organ'verion is to increase the supply of Auistad H_ss S 0 affordable housing, TOTAL { S 22,430 Help prevrathomelessness? Prior Year Money: NO Help the homeless? YES Help those wltb HIV or AIDS? YES j CDBG Narional Objective Citation; NO Subrecipient: Non-Section 204 I Location(s): N/A . f r i S DAHC • Affordable Housla9 Opportualty Program 01 CDBG IIN145 The Affordable Housing HOME S 0 10 Housing Units 8 OPPortuniry Program b designed to Acqufslrion of Kral HO S $2,132 D purchow and renovate enton neighborhoods. Thesetho els are then sold to first-time f PTOPeny HOPWA S U homebu)ers with low and moderate incomes. ThIsprogtam is s A AmdlnS S AL: 12,$32 carried by the Denton Affordable Housing Corporadon, a J1 S 4 0 cenifed Community Housing Developmeal OrganhatIon f 0 (CHDO). DAHC'S mission Is to increase the supply, of foTw S $2 $32 affordable housing. 0 Help prevent homelessness? NO Prfot Year Money NO Help the homeless? NO Help those with HIV or AIDS? NO j CDBG National Objective Citation: Subrecipient: Noa•Se ction 209 Location(s): CITY WIDE. w Page I I • • 0 R U.S, Deparfirged of Housing and Urban De.ttilopment CPD Comolldated Plan - 19% Acdota Plea i.letitg of Proposed Projub Project ID/ Project Title / Activity Code / Proposed Local Code Description Tide / Citation Funding Sources Accomplishments 6 EMERGENCY REPAIR PROGRAM 14A CDBO f 50,000 1? Households HOME f 0 (General) CDE3 Program is designed to assist low income families with Rehab; Single-Unit ESO $ 0 emergency repairs. The objeaive of the program Is to make Rasidentiai I HOPWA f 0 emergency repairs. Only emergencies that at a clew and 570202 SUBTOTAL: f 50,000 present danger to lives or property will be considered. The PHA funding f 0 maximum amount of assistance is $3,000. The auistaoce will be McLoed His f 0 in the form of a grant. TOTAL, f 60,000 Prior You Money: NO Help prevent homelessness? YES Help the homeless? NO Help those with HIV or AIDS? NO CDBG National Objective Citation: 370.203(@x3) • LOW/MODHOUSING BENEFIT Sub. c cipi en t: None i Location(s): CITY WIDE- l 7 TENANT BASED RENTAL ASSISTANCE PROGRAM 05S CDBG f 0 6 Elderly 1 HOME f 14,344 HM43 Program is designed to target and assist very low income elderly Rental Housing ESO S 0 households with rental assistance. Program is admimbtwedby Subaldies (if HOPWA f 0 • Fairhaven Retirement Center. Participants must meet the City of HOME, got pat of S" iTNTrDTAL: S I4,s" Denton's Tenant Selection Policy criteria, 5% Admin cap) PHAA f 000 TOTAL f 14,3sa Prior You Money: NO Help prevent bomelessoess? YES Help the homeleu? YES Help those with HIV or AIDS? NO • CDBG National Objective Citation: N/A Subrecipient: Nom-5eedon 204 Location(s): ADDRESS - 2400 N. Bell Avenue, Denton, TX t - Page 12 , • • • U.S. Department of Housing and Urban Development CPD Consolidated Plan - 19% Action Plan Listing of Proposed Projects Project ID/ Project Title / Activity Code / Local Code Description Title / Citation Proposed FYwdlag Sources Accomplishments ' 8 HOMEBUYERS ASSISTANCE PROGRAM (HAP) 13 CDBG f 241,832 58 Housing Units CDE2! HAP is designed to provide homeownership opportumiti s for Direct HOME S 0 HM42 low and moderate income families who live or work in Denton. HO f 0 The program provides down payment, dosing costs and Homeownership SUHOPWA RT&TAL: f 0 financing assistance to those households whose income Is less 570.201(~10nu / PH f 211 832 than &V° of the area median, It is provided ass forgivable loan n) PHA funding S 0 at a 0;: interest rate for a 5-yea period. The maximum amount Assisted Nsa f 0 of assistance is S 14,900. Homes must be within the city limits TOTAL f 241,832 of Denton and costs less than (70,000. ' Prior Year Money: NO Help prevent homelessness? YES Help the homciess? YES Help those with HIV or AIDS? NO CDBG National Objective Citation: 370,208(ax3) • LOW/MOD HOUSING BENEFIT Subrecipient None Loc at ion(s): CITY WIDE 9 HOMEOWNER REHABILITATION PROGRAM (HR) 14A CDBG S 198,876 14 Housing Units CDE.I HR Program is designed to rehabilitate single family, Rehab; Single-Unit ES0ME S 192'4402 owner-occupied houses by making needed repairs with the Residential / HOPWA S 0 priority being to correct code violations, The maximum amount 570.202 SUBTOTAL: f 391,718 of loan assistance is no more than 75% of the post rehabilitation PHA landing $ 0 • value. Loan assistance is provided in three forms of Assisted Hsi S 0 payablddeferted percentages: 50150, 25175 and 5195, The TOTAL: f 391x18 payable loan amount is amortized over it 10-year period at a 3% interest rate The deferred loan, which is secured by s liar, Is Prior Year Money: NO dercrred over a 10-year at a 0;5 Interest late. Total (tads include s21,om orprogram income from ban repayments. Help prevent bomclessoess? YES Cj Help the homeless? NO $ Help those with HIV or AIDS? NO CDBG National Objective Citation: 570108(ax3) • LOW/MOD HOUSING BENEFIT Subrecipient: None Page 13 1 • • • i U.S. Department of Houdng and Urban Development CPD Consotidatlted Plan - 19% Action Plan I. sting of Proposed ProJecta Project ID/ Project Title ! Acvrkp Code / Proposed Local Code Description Title / Citatbn Funding Sources Accomplishments 10 LAKEY REPAVINGIDRAINAGE PHASE 2 031 CDBO f 126,631 SM People (General) HOME CDE5 Phase two of a drainage project funded in 1996. T1sis project Flood Drain ES O f 0 consists of providing proper drainage culvert for Pocan Creek Improvements / HOPWA f 0 Tributary 4 crossing at Lakey and a repaving process overlay of 570.201(e) SUBTOTAL: S 126,651 the entire length of Lakey Sr from E. Prairie to Morse Streat. PHA flroding f 0 Approximately 3,667 sq. yds. are involved in this project. Assisted Hsu f 0 Culvert construction will be completed prior to uphalt. Project TOTAL: S 126,651 will be completed by the Engineering Department Prior Year Money: NO Help prevent homelessness? NO Help the homeless? NO Help those with HR' or AIDS? NO CDBG National Objective Citation: 370108(&x1) - LOW/MOD AREA BENEFIT SubrecipienL None Locat ion(s): CT & BO - Denton County: ; CT 212, 80 2 i 11 OPTIONAL RECONSTRUCTION PROGRAM (OR% 12 CDBO S 0 2 Housing units HOME S 97,332 H N141 Ibe objective of the ORP Program is to reconstruct single family Construction of ESO f 0 owner-occupied dwellings when the costs to rehabilitate the Housing HOPWA $ 0 structure is cost prohibitive. The loan arnotmt is tied to the sUWTGTALt S 97,331 • maximum subsidy limits prescribed by HUD. Ibis amount =d ing S 0 reflects the maximum that can be "at on a reeonscuetloo 0 including demolition and relocation, Low auismoce is provided TOTAL: S 97,332 in 4 forms of payable/deferred in percentages: 20160, 10!90, 5'95 wd 2.3/97.5. The lout amount is the curt o(reconsft aclim Pricer Year Money: NO and based on the area median income. Low Is for 10 yeses at a 3% interest rate. Funds allocated to this project includes $5,300 of program income from low repa)ments. ® Help prevent bomelessness? YES Help the homeless? NO Help thou with HIV or AIDS? NO CDBG National Objective Citation: S ubrec ipien t: None Location(s): CM WIDE Page t4 • • i i U.S. Department of Houdtlg and Urban Devadoptnent CPD Con"dated Plan - 19% Action Plan Llilttiilliii Of Proposed Nge+cts Project ID/ Project Title / Activity Local Code Description 1! Ckatlon Proposed FLading Sources Accomplishments 12 SPAN CURB CUTS & RAMPS PROJECT 03 CDBO f 13,311 IOrgaaiution HOME CDE6 Project consists of installation of curb cute at 13 locations on the Public Facilities and ESO f 0 public transportation system. The curb cuts will provide Cuter Improvements HOPWA f 0 j and safer access to mobility un S p t impaired angers. Ibepro}ect (General) / PSLVTOTAL' HAA dmS f 13,813 wit! be carried out by the Ciry Managers orrice, 570.20I(c) p~ ! Assisted Has S 0 TOTAL: S 13,311 Prior Year Mosey: NO Help prevent homelessness? NO Help the homeless? YES Help those %ith HIV or AIDS? NO CDBG National Objective Citation: 570.203(a)(2)- LOW/MOD LIMITED CLIENTELE BENEFIT Subrecipient: None i- Location(s), CITY WIDE- I i f 13 TWU CARES DENTAL CLINIC REHABILITATION 03P Cr)BO f 30,000 150 People (General) HOME $ 0 CDEB Project consists of renovation an existing facility b Heehh Facilities ! HO f 0 accommodate the growing need of medially uadenarvad 370.201(c) _HOPWA f 0 patients seeking dental services. The existing facility was SUBTOTAL: S 30000 previously utilized by the TWU CARES Heahh center, which • relocated to the Phoenix Apartments. Project will provide a A ~d Hot s 0 reception and waiting room area, restroom, tab, office and area AL: S 30,W for 3 dental bays for TWU CARES Dental Clinic. Prior Year Money. NO ~ Help prevent homelessneu? NO ? Help the homeless? YES Help those with HIV or AIDS? NO O CDBG National Objective Cita5on: 370.20g(ax2) - LOWIMOD LWMD CLIENTELE BENEFIT 0 Subrecipient: Noc-Secdon 204 J Location(s): ADDRESS - 100 S. Ruddell St., Denton TX Page Is r '.1Q • • • I i U.S. Depu went of Houdn; and Urban DeteiopobeM CPD CoasotldaW Plan - 1996 Actloo Plan LWfod of Pr"aed Pr*cts Project ID! Project Title / Actift Code / ProPad Local Code Descriptlon Title / Citation i i Funding StA:roes AccompUshrnetats 14 AIDS SERVICES OF NORTH TEXAS 03 CD80 5 15,000 130 Housebo Ids HOME $ 0 (General) CDEA Provision of nutrition and hygiene to HIV and AIDS impacted Public Services ESO $ 0 families and caregivers. Funds will be used to purchase food (General) ! HOPWA f 0 and hygiene items available u the nutrition center. 370101(e) SUBTOTAL, f 13,000 PHA ltsndins f 0 Assisted Ha S 0 TOTAL: S 15,000 Prior Yes- Money: NO Help prevent homelessness? NO Help the homeless? NO Help those with HIV or AIDS? YES CDBG National Objective Citation: 570.209(&x2) - LOW/MOD LIMITED CLIENTELE BENEFIT Subrecipient: Non-Section 204 Location(s): ADDRESS - 616 Fort Worts Drive, Denton. TX 15 CAMP SUMMIT 05B CDBO S 9,000 10 People (General) CDEC Provision of structured outdoor recreational and &wspmjtk upped HOME S 0 programs for disabled youth and adults from Denton. i S Hervkoj / HOPWA S 0 will be used to provide a one week camping experience for too 570201(a) SUBTOTAL, 990M underprivileged and disadvantaged disabled ladividwls during PHA S 0 the summer. Asa Has 0 TOTAI. s B was Prior VON Money: NO Help prevent bomeleuoeas? NO Help the bomeless? NO Help tbose witb HIV or AIDS? NO • CDBG National Objective Citation: 570109(&x2) - LOW/MOD LDCM CLIENTELE BENEFIT J Subrecipient: Nos-Secdoo 204 Location: ADDRESS - Cooper Canyon Road R FM 407, Ar=yia, TX N Paps 16 0 • • • U,S. Department of Housing and Urban Development CPD Consotld111W Plan - 19%Acfioa Plan. Lbtbg of Proposed Projects Laval CoID/ de Project Tide / Activity Code / Tkk ProDescription / Citation Funding Sources Accomplishments 16 HOPE, INC. (TRANSITIONAL HOUSING) OS CDBO f 25,600 10 Housebolds CDEE provision of rcn utility, food, trans HOME f 0 (General) t portation, child care turd Pablk Servic" ESO S 0 counseling assistance to families who are homeless or poundaily (General) / HOP WA f 0 homeless. Funds will also be used to pay for salary expenses for 570,201(e) SVBTOTAU S 2 000 a case worker. Families are provided assistance ova a one to PHA f 0 two year period. Funds are apOrt1on of the match for HUD AuWW Has S 0 Transitional Housing Program :ids. TOTAL; f 25,000 Prior Year Money: NO Help prevent homelessness? YES Help the homeless? YES Help those with HIV or AIDS? NO CDBG National Objective Citation: 570.208(ax2). LOW/MOD LIMI7EDCLIENTELE BENEFIT Subrecipient: Non-Section 204 l Location(s): ADDRESS - 415 E. Shaman Drive. Denton, TX 17 INTERFAITH MINISTRIES 05Q CDBO f 10.000 152 Households CDEF Provision of emergency assistance to low income HOME f 0 (General) petsotu. Subelateoce ESCI S 0 Qualified households who ue experiencing an emergency are Payments /$70.204 M AL: 0 ass istedwiththeir utility payments , ALt f 10,000 • slHas f 0 TWALA S 10,000 Prior Year Money: NO Help prevent homelessness? YES Help the homeless? NO 1 Help those with HIV or AIDS? NO CDBO National Objective Citation: 570.208(x)(2) - LOW/MOD LU4i ED CLIENTELE BENEFIT Subrecipient: ANon-Section DDRESS - 204 Location: ADDRESS •201 S. Loewy Denton TX 1 Page 17 Fail- •.M. 41 "vet • r • • • Usft of parGmeat of HotLeloi aad Urtan Derdopt at U.S. De CPDC m ~Pr Code ! project Title ! ATl! Funding Sources p bhmenta Protect ID! Description Local Code S 12.000 20 Elderly 05A CD£G 0 S Is ADULT DAY CARE OF NORTH TEXAS HOME S 0 1 ~ ESO $ 0 CDE9 provision of daytime health ladulue [lust services rt~arefor 57seal" 1(e) S r s 12,000 chronically ill or imp 0 ma :uin v,drpendcnce white providins support and relief for pHA ftadini S S 0 family caresivers. Funds will be util zed for daycare for ksw and Aulaed Hti S TO?AL: L=,000 moderate income individuals. Prior Year Monty: NO YES Help prevent bomelessness? NO Help the homeless? Help thou with HIV or AIDS? NO LOWIMOD LIMITED CLIENTELE BENEFIT CDBG National Objective Ciution: Non- io am2204 Subrecipient ADDRESS • 2400 W. UalvenitY Drive, Denton' TX Location(s)'. 30 people (General) CDBG S 7,600 05 HOME S 0 19 BOYS AND GIRLS CLUB OF DENTON CO- ESG S 0 Public Services HOPWA 0 • CDEB Provision of Teen Supreme after school and summer actsvides ! 7,600 for at-risk and disadvantaged taw between the ales of f2 and (Geaeral) AL. S 0 el salaries. 570201(e) PHA t1mdW 19. Funds will be utilized for person 0 AL= S 7,600 NO Yrlor yew Money: ® p Help prevent homelasaeaT NO NO Help the homeless? NO CLIENTELE BENEFIT Help those with HIV or AIDS? CD8(}NationaS Objective citation: $7 20`(a)(22~ LOW/MOD LIMLfED Non Subrecipient: ADDRESS • 315 Close Yrmbat St., Denton' TX Location(s)'. N Page 18 • 0 • • U.S. a t e>P Houe(oQ and Urban j)e t t ConroHdktted Plan - 19% Action Pfau i.f'°dng of Proposed PmJerxs Project ID/ Project Title / Local Code Description cd ft Code / M/Ckstiolo Proposed 20 D1SD. Teens Taking Responsibility In Parent,a3 Skills OS Funding SOUrClg Accomlrllehmtnts CDED (TTRIP) CDBG S 15,000 HOME S IIO (Households Provision of parenting skills pregnant andlor paten teen Public Sef1iCH E30 s 0 (General) General) students. Parenting skills includes fins com (0000/ HOPWA $ 0 mediuVhealth, academic, social, child care, voc ~ limbe'113111 510.201(e) 0 support services 15.000 . Service s are provided in an ePlort to keep 0 S ~g t f panicipants in school. Funds will be used to pay for child care AIMal Hai f services for parenting teen students. TOTAL 0 s 1s,oao Help prevent homelessness? Prior Ym Money. NO Help the homeless? NO Help those with HIV NO or AIDS? t CDBG National Objective Citation: 370.208 axn 2 LOW/MOD 204 LIMITED CLIENTELE BENEFIT Location(s): ADDRESS. i15 (,}oss Trm bas, Denw4 TX 21 JUVENILE DIVERSIONARY SERVICES OSD CDBG 3 11,000 157 Your k CDEG Provision for after school program for knurls inchMctg: personal HOME s ices / 830 development, cultural etuxhmeot ouidoot/Phy Youth Services rocreat{~ 370.201(e) $ and educational activities. Funds will be utilized for personnel HOPWA f 0 salaries and supplies. SuiFt DIAL: S 11,000 • PHA ftsod4 s 0 Aaalmd Hsi S 0 TOTAL: S 11,000 Prior Yeas Motley: NO Help prevent homelessness? NO Help the homeless? NO Help those with HIV or AIDS? NO • CDBG National Objective Citation: 570,203(s)(2) - LOW/MOD LIMITED CL O Subrecipient: Non-Swdoci 204 LENTELB BENEFIT Location(s): ADDRESS • 313 Gross Timber, Denton, TX i Page 19 4 C-» • • • U'S' Department of Housing aced Urban Det+teloptmeat CPD CoaaoUdated plan. 19% rca PWI LANIJIV of Proposed Protects L,ocW Code e ~ Local Project I Dew-ription / Title Cksdoo Proposed Funding Sources Accomplishments 22 PARD: KING'S KIDS SUMMER PROGRAM 03D CDBO $ 35,000 60 Youth HOME CDEH Provision of str "ed and supervised recreational cutcural and youth Services f FEs a $ 0 edxational activities for at-risk youth (ages 6.11) in the 370.201(e) HOPWA $ 0 Southeast Denton arcs. Funds will be used to provide a safe and S 0 4VINIU supervised environment for children in the SE Denton am PH A fu TAL S 35,000 during the summer. Program administered by the Parks and Rtcreation Department Assisted Haig S 0 TOTAL.: S 3!,000 Prior Year Money: NO Ittlp prev cat homelessness? NO Htlp the homelen? NO Ht Ip those with HIV or AIDS? NO CUBG National Objective Citation: 370.206(4x2) - LOW/MOD LIMITED CLIENTELE BENEFIT Subrecipient: None Location(s): ADDRESS -1300 Wilson SL, Denton, TX 23 PARD: OWSLEY SUMMER PROGRAM 031) CDBO S 16,600 s0 Youth CDEJ Provision of ■ free structured, recreational and eduatlonal Youth Services ! E80 $ 0 programs for children ages (7.12). The Program wilt provides 370.201(e) HOPWA S 0 safe and supervised environment for children in Owsley, s-U37WAI. x 16AM neighborhood during the summer. PHA • Anal oea the $ 0 TOTAL. S 16,x00 Prior Year Money: NO Help prevent homelasoess? NO Help the homeltss? NO Help those nit! HIV or AIDS? NO • CDBG National Objective Citation: 370.206(@x2) - LOW/MOD L04M CLENTELE BENEFIT S,brecipient: Note I ocation(s): ADDRESS - Owsley Park, Denton, TX k Page i 1' • • • U.S, De f P of Hollsins and Urban Der CPD C~ od off Pka. y% Aets PI I Project ID/ I Local Code Project Tide / .amity Code / t Dcwdpdon Chation Proposed 21 SPAN HOMEMAKER(FAIRHAVEN) FundlatSOUtces Accomplishments CDE K 05A CDBG S Provision of homemaker services for Fa rhavea residents HOME 11,000 39 Elderly k Homemaker services include houxk services / FSG f 0 (j preparation services. The homemaker services will be provided 570.Z01(e) HOPWA $ 0 l to frail and at-risk elderly residents, SU BTOTAL: f PHA ~g $ 11,000 Assisted Hsa S '~L: S 11,000 Help prevent homelessness? PrkV You Money: NO ! Help the homeless? NO I Help those %ith HIV or AIDS? NO CDBG Nationd Objective Citation: 570.20 I X2 Subrecipienc Non-Se c(ti 264~K/IHOD LIMITED CLIENTELE BENEFIT Locar?on(s); ADDRESS • 2100 N. Bell, Den 2 S toes, TX TWU CARES HEALTH SERVICES 05M CDBG f 20,010 2,000 People (General) I CDEM Provision of primary health care and dental can to low Heakh HOME $ 0 medically undemrved persoru. Nursing greduues Income Serviaa / ESO f 0 receive clinical experience. Funds will be used to ppqeyfa 570.201(e) PUVA = 0 Personnel costs for a staff nurse end a dental hygiene sttadeni end SUl7OTAL: I 20AW • for medical supplies. PHA lVoding $ 0 Hu S 0 ` iYfT~ s 20,000 Prior Year Money: NO Help prevent homelessneu? YES Help the homeless? YES Help those with HIV or AIDS? NO CDBG National Objective Citation: 57010SOX2) LOW/MOD LENMD CLdE)MLE BE? E T • • Subrecipicni. Location(s): ADDRESS • 100 S. Ruddell St, Deotoq TX j J 1 i Page 21 Yg E • • U.S. DepariltoW of HOW" MW Urban De,dop.,M CPI, ConsoUdated Plan -1"6 Actim Pim LbtW@ of Proposed ft*ets Project ID/ Project Tltk / LAedrky Code ocal Code Description Tilk / C / Propoud ft°diaS S"n" A pllshments 26 RIDING UNLIMITED 058 CDBO $ 3,000 10 Households CDEN Provision of them uric horsemanship instruction to HOME S 0 (General) Physically, Jb0&Cq?ed ESO S 0 mentally and emotionally disabled individuals. Serv m providr Services educational, psychological and physical beneftes to SUBTOTAL: S 0 Funds will be utilized to provide scholarship to ~jow~Ann~ d 370201(e) $H18Iping S 3,Od0 moderate income participants. AsnLOtd~j~ S 0 T07AL: S 3,000 Prior Yea Money: NO 1 Help prevent homelessness? NO Help the homeless? NO Help those wlsh HIV or AIDS? NO CD8G National Objective Citation: 570209(ax2) - LOW/MOD LIMITED CLIENTELE BENEFIT Su brec i pic nt. Non-Section 201 Location(s): .4 DDRESS - Rt I Box 920S, fu tdo, TX i 27 SPECIAL OLYMPICS OFDENTON 05 CDBO /•25 HOME s 0 75 People (General) CDEP Provision of services to Denton residents who we mentally Public may challenged. Funds will be used to pay for travel expsrtsea for (G / HO $ 0 Denton Special Olympians (ages g and up) to taste part is 5?p201(e) HOPWA S 0 (H Special Olympics competition in athletics, baaketbail, towliag, SUIITYrFAL S / 257 PHA 0 gymnastics and rollerskating. fVmdl~ S 0 Asslased Hat ~ 0 TOTAL- 5 1,237 Prior You Money: NC Help prtvenlhomelessness? NO Help The homeless? NO Help those whh HIV or AIDS? NO CD)3G National Objective Citation: S70208(ax2) - LOW/MOD LIMITED CLIENTELE BENEFIT Subrecipient: Non-Section 201 Location(s), ADDRESS - 726 Bolivar St, Denton, TX pmt.. I~ i i I • • • U.S. Department of Housing and Urban Development CPA Plan Listing of ftWoaed h*cts Project ID/ Projecl Me Actfvi*- Code / Proposed Local Code . Ftimdtod Sottrcd Atxamplbhmenta 33 UNPROGRAMMED FUNDS 22 CDBO S 2,300 l Or`snitations HOME CDEQ U:iprogntnuredfunds %illbeprogranmedbyCity Counoilata Unprogrammed ES O S S 0 later time. Ttxal unprogrammed funds of $2,5w are from 1996 HOPWA 0 $ 0 CDBG funds. BUSTOTAL: S 3,600 PHA s s o TOTAL. s 21soo Prior Year Money: YES Help prevent homelessnev? NO Help the homelets? NO Help thosc with HIV or AIDS? NO CDBG National Objective Citation: 370.201i(axt) - LO W/MOD AREA BENEFIT Subrecipient: None Location(s): CITY WIDE - C I I J Page 23 iS • s 1997 Action Plan for Housing 6i Community Development OTHER COMMUNITY DEVELOPMENT PROJECTS Also, during the 1997 program year, the city of Denton Ptah to undertake additional activities/prow dollars. d strategies using Community Development Block Grantfiords and City of Denton Geoenl& 3 Fund CDBG PUNDS The City of Denton proposes to continue its efTorts to expand the fair housing program using funds 1110cated to the administration hWget Fair Housing Program includes the expansion of existing fait housing program to include additi0aal outreach and training. program may include a revidon of local ordhmce to iochde str009a enforcement. GENERAL FUND Dmton proposed • The C~ under the C to continue its eEfort9 in a sevk4c coordination unit. Service Coordination previously category is being trcomrneoded for iiroding through the City s Gena*al Fund The Denton County Assistaoa Network has been developed to help local agencies coordimte services and hack common clients. Also, the Denton Family Resource Center will sect as a service provider and information and referral cervices for families needing various types of services. The Human Services Committee has recommended funding the following bun= se,,i. program. It is rooo WMW Of the fog mmeoded thatt remournendatioaso the Denton's gerreWfund udget City Council will consider September 1997. ~Stta~mi. RSVP 8,200 C SPAN 26,000 Special Olympics of Denton 10;143 Community Food Center 3,500 Denton County Assistance Network 7,000 HOPE, Inc. (30-90 Day Program) 5,000 Denton City Co. Day Nursery School 23,000 Denton Co. Children's Advocacy Center 10,000 • Denton Co. Friends of the Family 30,000 I • Denton Family Resource Center 5,000 Fred Moore Day Nursery School 31,000 Total $165,443 • A J Page 24 ` i 29 • 0 • • 1457 Action Plan for Housing & Community Development STRATEGIES & PROJECTS/ACTRUIES The City of Denttm's 1457 funds has been allocated to programs and activities that caned objectives stated in Dentoos ' fvo-year,nrategic plan Following is the list of objectives in the strategic plan and the proposal project and activities that will be uodertalen to mat those objectives. See Page g for a description and the amount of fundg for the Proposed Projects and a.'tivities listed below. Also, on page 27 is a map that illu in strates the locations of the Projects/ac" cs in the city of Denton. AFFORDABLE HOUSING STRATEGIES Aaw" t AC0110 Tenant Based Rental Asssanee - Fairhaven Fair Housing Program ' Denton enton yers Assistance Program Denton Affordable Housing Corporation Affordable Housing Corp, , HOPE, Inc. (Transitional Housing Program) Fait Housing Program Interfaith Ministries of Denton JQ~GwL ~lLtYi Far Housing Program 0p6 t+aioo Tenant Baaod Rental Aarishoce - Fairhaven ~m oesebayera Assidea e Housing Rehabilitation Program ~ Denton Affordable Housing Corporation OpDenton tional ReOa 0° prognun • POPE, Afforddable i Dosing Corp. HHOOP Repair Rows HOPE, Inc. (Transitional Housing Program) Fair Housing program m8 ~ffi~) Emergency Repair Program Interfaith Ministries of Denton ' SPAN (Fairhaven Homemaker Services) , AIDS Savica of North Teo Interfaith Minifies of Denton Statistics indicated a high pwmtage of very low iaco 4 AGican-American and boos r Pam designed le me r Along the with e~ by the Denton Homing Authority, the City is fimd~mgaseveralal Reusing su affordable housing for owners and 100M . 'tae Housing Fxnergency income homoownenProgramr rauchH~Opv .40 . as , Inc, AaaiAaoce programs will assist low tams are funded to provide assistance to low income renters. The Denton Affordable ors' mo ~s0 o develop progruns to assist loth owner and neoca households. Special ~b° plans Hispanic communities will continue. outreach efforts to the African-American and d i HOMELESSNESS STRATEGIFS SeN1C~rmr~++rtiiiftir • Denton County Assistam Network Denton County Assistance Network Permanent H ideas PMcntiQq • Tenant Based Rental Assistance - Fairhaven Denton Affordable Housing Corp. • Optional Reconstruction Pro , Bram Denton County Assistance Network ~ • Housing Rehabilitation Program AIDS Smites of North Texas Home buyers Assistance Program HOPE, Inc. (Transitional Housing Program) O O O Denton Affordable Housing Corp. SPAN (Fairhaven Homemaker Services) Denton County Assistance Network Interfaith Ministries of Denton • HOPE, Inc, (Transitional Housing Program) { Page 25 Fa~ Nil 1 s e 1997 Action Plan for Housing dt Community Development k LmattUdb9liff HOPE, Inc. (Transitional Housing Program) • Denton County Assistance Network Denton County Assistance Network • HOPE, Inc. (Transitional Housing Program) HUMAN SERVICES STRATEGIES Promote Se?f•SanFcion • Tenant Based Rental Assistance - Fairhaven • Denton County Assistance Network • Optional Rmonsovctioo Program • Housing Rehabilitation Program Homebuyers Assistance Program • Optional Reconstruction Program • Housing RAWlitation Program • Homeboyers Assistance Program Denton Atfordabl: Housing Corp. • Denton Affordable Housing Corporation Emergency Repair Program • Emergency Repair Program HOPE, loc. (Transitional Housing Program) HOPE, Inc. (Tramitional Housing Program) • Adult Day Care of North Texas DISD - Tans Taking Responsibility in • 1W C.A.R.E.S. Health Center Parenting Skills • King's Kids Day Camp TWU CA.R.R.S. Health Center • Owsley Summer Program Interfaith Ministries of Denton ' SPAN (Fairhaven Homemaker Services) AIDS Services of North Teas Incraosiod • Campsummit Maw and firedaa armaaisrtiem sad the • InW&A Ministries of Denton jsifipp rlinh • Special Olympics ofDeatm • Riding Unlimited Denton Cotmty Aasistaooe Network ' luvenik Diversionary Services ' Boys and Girls Club of Denton Co. DISD • Tom Taking Responsibility in Parenting Skills 1[NFRASnUCTM STRATEGIES &=ibilky for Persom with Disabilities SPAN Curb Cuts'Ramps Project Bradshaw St Culvert Drainage Project 1 Human Services Facilities Dakey St Repaving and Drainage • Phase 2 • Adult Day Care Rehabilitation e TW U CARES Dental Clinic Renovation ECONOMIC DEVFLOPMENT I According to the City of Denton's Non Housing Community Development Plan, Economic Development is also a priority for the City of Denton. The obective for the City of Denton in economic development is the creation of a Community Development Corporation to -ocourage small business development in Denton. In 1995 and 1996, the City of Denton allocated $90,500 in grant tuad• to the Denton Community Development Corporation for payment C ® of administration costs and contribution to a i.an fund. Local private lending institutions and private and public J entities are also participating in the loan fund. 71 a D CDC loan fund will be able to provide gap fuuncing to existing and prospective small businesses in Denton in tven create job for low and moderate income individuals. In February 1997, the City of Denton approved a contras: with DCDC to utilize the 1995 and 1996 program funds. Page 26 3 ` I . • r • 1997 Action Plan for Housing d< Community Devel ent W PROJEMACMMES MAP ' w i ~I t 1 ra Is I. Lakey St. Repave & Drainage-Phase 2 / 7. Interfaith Ministries of Denton Bradshaw St Drainage Project 8. Owsley Summer Program 2. Boys it Girls Diversionary IS a T.T.R I.P.S. 9. Adrrh Dry Cm Savices & Renovation Juvenile Diversionary Services 10, AIDS Services of Nord-L Texas V 3. King's Kids Camp Program 11. TWU CARES Services/Clinic Renovation 4. SPAN Fairhaven Homemaker Services r s. Spec;al Olympics of Denton 12. Came Summit 6. HOPE, Inc. 13 Riding Unlimited UX-B'lde 199717 Pmi A tvitiec e ~ e o • CD Administration Optional R e Prog Program • Homeowner Rehabilitation Prog. Emergency Repair ve • Horrebuyers Assistance Program • Denton Affordable Housing Corp. SPAN CurhlCcl~ • Tenant Based Rental A Assistance Page 27 11 t r' • e 1997 Action Plan for Housing & Community Development l ( HOME PROGRAM SPECIFIC REQUIREMENTS EURMOLUMUMM The City of Denton, through the Homebuyers Assistance (HAP) od the Affordable Housing Programs will provide subsidies to low income home buyers, Under each program the maximum subsidy will be $14,900. This amount includes all investment that enables the family to pumlu a the unit, inchuding any development or coa*uc6on costs paid from Federal and/or State funding, This sets up a five-year recapture period for all home buyer. The subsidy is provided as a five-year deferred, forgivable loan, The borrower agrees to occupy the properly as W bust ier primary residence for no less than five (5) years from the execution date of the promissory note and deed of a time 4- borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in 4' In the evert the borrower complies with the terms of the promissory note, deed of tr ut, and the HAP Program the C ity of Delon agrees to release the maker of the note from payment of the loam Upon the borrowers failure to carry Cout after the Agreement a of and program requirements, tbeu the entire amount of the ben, leas one payment for each month Promissory, note until the time of said defauh will be due and payable in full immediately. In the event the borrower sells the property before the end of the five-year period, the following provisioes will aPPV- I. the prorated amount of the City of Denture's investment will be repaid from net p oceeds•. The reduction will be based on a monthly pro rata portion of the tow loan amount; or 2. under no circumstances. will the reduction equal more than the amount of the borrowers down payment, principal payments and any capital improvement investment. Rmaptured funds from the HAP Program will be used to assist other lust-time home buyers. Recapt red funds from the AHP Program, including funds Gam the initial sak of the property phis repsymrrnh from bormwem wiB be used to cOa*uct additional affordable housing units and provide subsidies to low income, first-time bome buyers for the purchase of those units. There are no otber Corms of investment that are not described in §92.205(b) by the City of Denton. 'Net proceeds - defined as the sale price minus loan repayment and closing costs. TENANT RA4QVTWDW%rrAV S The City of Denton's Tenant-Based Rental Assistance Program (TBRA) has been developed to assist very low income households in obtaining safe, sanitary, housing According to the 1995 Comolidared Plcafir Housing anrd • Commrrniry Development, 54% of renter are very low income. The Plano also states that there are 491 very low income households on waiting lists for Section 8 subsidies or subsidized housing units. Approximately 400 of those households claim they meet federal preference requirements. r The elderly population in Denton has increased by 291/6 since 1980. About 40'/o of the elderly in Denton are renters, 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 provider state a need for additional 0 housing that is within the each of low and try low income elderly, Supportservicts, designed to allow the elderly • to remain independent, are needed as a supplement to the housing assistance. The information discussed in the 1995-20M Consolidated Plan concerning the need for affordable rental housing for the elderly has led the City of Denton to adopt a Teo ~t section Policy. This policy will be used to determine appropriate particpants under the City's Tenant-Based Rental Assistance program. TBRA is an essential element of Denton's Consolidated Plan and will serve to expand the supply, of affordable, decent, safe and sanitary housing for very low income households. Page 28 31 k • • 1997 Action Plan for Housing do Community Development CERTIFICATIONS ]n accordance with the applicable statutes and the regulations governing the censolidatrd plan regulations, the jtuisdiction certifies that: Affirmatively Farther Fair Haaaiop - The jurisdiction will affirmatively fitrdta fair housing, which means it will conduct on analysis of impediments to fair housing choice within the jurisdction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and mainr: n records reflecting that analysis and actions ~n this regard. Uei~~ ~ and Rebeatba Pka - It will comply with the xquisitioo and relocs~oo requirements of the Assistance and Red Property Acquisition Policies Act of 1970, as amended, and implementing regutatiom at 49 CFR 24; and it has in effect and is following a residmtW amid' Lament and relocation assistance PIaO 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 pmgrwas. Drug Free Workplace - It will or will continue to provide a drug- free wortpLce by. I. Publishing a statement notffiAng employed that the unlawful manu possession, or use of a cootrolled substaOce is prohibited in the jou tee's workplace ~ ecify~mg the actions that will be taken against employees for violation of such prohibition 2. Establishing an ongoing drug-free swsreoeas program to inform employed about - (a) The dangers of drug abuse in the workplace; t. (b) The grantee's policy of maintaining a drug-frx wrrkpWc; (c) Any availabk drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations the workplace; occurring in 3. Malting it a requirement flat each employee to be engaged in the performance of the grant given a copy of the statement required by paragraph 1; 4. Notifyia8 the employee in the statement required by paragraph I that, as a condition of employment under the grunt, the employee will - (a) Abide by the terms of the statement; and e (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendardays after such conviction; 5. Notifying the agency in writing, within ten calend x days after receiving noix under su an employee or otherwise receiving actual notict of such conviction. Employers of convictedpemployees must provide notice, including position title, to ev.ry grant ofrtcer or other desi.gnoe on whose grant activity t# the convicted employee was working, unless the Federal agency has designated s central poiu,r. for the receipt O • of such notices. Notice shall include the identircation number(s) of each affec'ed grant; 5 Taking oneof the following actions, within oO calendar days of receiving notice wader subparag, ph 4(b), { with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, ep to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page 29 • • I 1997 Action Plan for Housing & Community Devt1opment ( (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation pr ram approvod or such purposes by a Federal, Stae, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a dnrg-free workplace through implementation or paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbyleg - To the best of the jurisdiction's knowledge and belief: I. 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 extensan, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have boon 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, anal, loan, or coopent ive agreement, it wit I compkte and iwbm it Staadud Form-LLL, "Disclosure Form to Rt vort Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph (a) of this caffkation be included in the award documents for all subawards at all lien (including subcontracts, subgrants, and contracts under grants, lots, 2nd cooperative agreements) and that all subrecipients shall certify and disclose accordingly. ( Authority of JeriodieUoe - The consolidated plan is authorized under State sad local law (as applicable) and the jurisdiction possesses the kgal authority to carry out the programs for which it is seeking funding, in wcordance with applicable HUD regulations. Consistency with Plan - Tier housing activities to be undertaken with CD80, HOME, ESO, 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 :cgulations at 24 CFR Put 135. i Signature of Authorizing Official Date • `l Ted Beoavides. City hlanagtr _ i Title of Authorized Official , i J~ Page 30 34 • • r I 1997 Action Flan for Housing & Community Development Specific CDBG Certification The Entitlement Community certifies that: Citizen Partieipatiom - It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Commmrrky Development Phu - Its coeuolidated housing and community development plan identifies community development and housing needs and specifies both short-term mid 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.) Folbwfag a Plain - It is foikcwing a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Feeds - it has complied with the following criteria: I • MaxqMlQ Feasible . With respect to activities expected to be twisted with CDBG that it has developed fiord; certifies loped its Action Plea 9o as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of shunt or blight The Action plan may tiro include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing eomdtions pose a serious and immediate three to the health or welfare of the community, and other financial resources are not Available); 2. Shmli Bmilt. The aggreWe ra ofCDBG funds including section 108 gurnowd loans during program yew(&)1997,1997-97 (a period specified by the grantee consisting cf one, t*o, or three specific .consecutive i ProB-run yartil shall prinic fly benefit persons of low And moderate income in a ma ten that eostues that at least 70 percent of the amount is txpeoded for activities that benefit such persona duairtg the designated period; 3. Sit KWASIGttt It will not attempt to recover any capital coots of public improvements assisted with CDBG fundq mending Section 108 loan guaranteed fiords by aaessiq any amount Against properties owned and occupied b; persons of low and moderate income, including any foe charged or Assessment made as a condition of obtaining access to such public improvements. However, ifCDBG funds are used to pay the proportion of a fee or Assessment that relates to the capital costs l of public improvements (assisted in part with CDBG funds) fmanced from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements firm ed f 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 a;r used to pay the proportion of foe 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. I~ O Excessive Force - It has adopted and is enforcing: -J ( I. A policy prohibiting the use of excessive fore by law enforcement agencies within its jurisdiction against J 1 any individuals engaged in non-violent civil rights demonstrations; and 1 i Page ? I '~!r SIMMONS • r • 1997 Action Plan for Housing & Community Development 2. A policy of enforcing applicable State end 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 AntWiscrimiantion 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 1601.3619), 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 lava - It will comply with applicable laws. Signature of Authorizing Official - Date Title or Aumorized Official Speci& HOME Certilkstilm the HOME participating jurisdiction certifies that: 1 Tenet Bred Rental Assistance - If the pa tkiparing jursdictioa intends to provide tenant-based ratW assistance: The use of HOME funds for tenant-based rental assstsace is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availabi ' of decent, Mfg, sanitary. and affordable housing. EVbk Ac"tks and Costa - It is using and will use HOME funds for eligible activities and casts, as described in 24 CFR 192,205 through 92.209 and that it is not using and will to use HOME funds for prohibited activities, as descri bed in § 92.214. Appropriate Flasocial 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. O r i Signature of Authorizing Official Date ' • • Tod @eIIrtvidrs, Citv Manager Title of Authorized Official r , l Page 32 ~ r. 0 • C h • 1991 Action Plan for Housing $ Community Development i ' APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOB5YING AND DRUG-FREE WORKPLACE REQUIREMENT'S: A. LQW111"aff"M This certification is a material representation of fact upon which reliance was plated wkn this transaction was made or entered into. Submi ion of this certification is a prerequisite for making or entering into this transaction imp se Eby section 1352, title 31, U.S. Code, Any person who fails to fite. t1w, required such failure. h civi; penalty of std less than f 10,000 and not more than f 100.000 for each B. I. ~f and/or submitting this application or grant apeornent, the grantee is providing the 2. a The CartificLion Is a material dt representation of fact upon which telknee is placed when the agency a wards tbise egrant. u 1 is the law tdeterm 100d that the grantee knowingly re Owed a IkW ~ficatioo, viol other remedies available req irFederal ementas of the Drug-Free Workplace Act, MM, in addition to any Workplace Act Government, may take action deed tinder the Dug-Free 3. For granters other than iMividuab, Alternate I applies. (Ibis is the information to which C junsdtcb" certify). I 4. For granted who are individuals, Alternate If applies (Not applicablejtrriadktiong.) S. Workplaces under grants, for grantees other than individuals, need no be identified on the certification. If known, they may be identified in the !rant application. If the grantee does not identify the workplaces at the time of application grantee must keep the identity of the wortP1au(s) ' or on file upon in its award, if office can and e is e the application, the available Coe Fedcnl make mformatian the ilable for ~g hVection. Failure to identify all known workplaces constitutes a violation of workplace requirements. 6. Workplace identiCtcationa must include tae actual etlxr sites where work under the address of buildings {or parts of buildings) or vehicld of a mass transit a grant takes place. Categorical descriptions maybe used (e.g., all in cash loaf unemPloymrntttyce pcr~forme~ta orrlradio stn State ~Ployees • 1• If the workplace identified to the agency changes during the shah inform the agency of the than perfonrtana of the grant, the grantee paragraph live). 8e(s), if it previously idcntifed the workplaces in question (see 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: • O O Place of Performance (Street address, city, county, state, zip code) Page 37 ...,.,...~•r7n^--r+~ '~"-fi'r' - ,,.~....-r--..`-.r+..-+. ~,...,...y,._... • i • J 1997 Action Plan for Housing do Community Development Check _ if there are workplaces on file that are not identified here; The certification with regard to the drug-free workplace required by 2t CFR part 24, subpart F. 9. Definitions of terms in the Nooprocurement Suspension and Debarment common Me and Drug-free Workplace common rule apply to this certification. CmnWe attention is called, in particular, to :he following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through Y 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 polo contendere) or imposition of sentence, or body by any Judicial body charged with the tespomv+ %ty to determine violations of the Federal or State criminal drug statutes; 'Criminal drug statute' means a Federal or nom-Federal criminal statute involving th- manufacture, distribution, dispensing, use, or possessing of any controlled subs%=; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant ixludirgg (),Vl "direct charge" empk*ves; (i) Windirect charge" employees unless their impact or invotvaneot iY insignificant to the performance of the gram and (ii) temporary personnel and OXMI ants who are dncdy engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers net on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultaob or independent contractors not on the grantee's payroll; or employees of subrocipicmts or subcontractors in covered workplaxs). l i i • ~ C Page 34 ( . ql i • • 1997 Action Plan for Housing d< Community Development { APPENDIX PUBLIC HEARING MINUTES December 9,19% /MK, Jr. Recreation Cuter The public hearing was called to order at 7:05 p.m. by Barbara Ross, Community Development Administrator. Ms. Ross briefly reviewed eligible activities under both the HOME and Community Development Block Grant Program. She stated that a Citizens Guide was available on the table that provided fitrther information about Community Development programs. She added that finding from both sources would remain relatively stable with sn approximate $2,000 decrease in CDBG and a $10,000 decrease in HOME. Ms. Ross noted that participants could comment on Projec&progtanu that they would like to see ftrrhded. She also stated that staff was available to answer questions on current activities or other concerns, Before opening the session for public comments. Ms. Ross introduced the members of the Commhmity Development Advisory Committee who were present at the hearing. Members included lames MCDwiaChair Ann Hatch, Jem Hinojosa, kan Elko Rogers-Vice Chair and Roberta Donsbach. Community Development staff members were introduced. They included Derrick Collins, Luisa Rodriguez-Garcia, and Nancy Baker. Ms. Rasa then asked the adendoes what vrggestions; they had for use of these funds. Mr. Carl Williams noted that there was a great lack of services for adjudicated youdL He spec ifically noted that tbo a were no services for youth with drug problems and those involved in gangs. Mr. Williams noted that there are older Hispanic and African- American kids (12 dt 13 years of age) moving into the area but these are no rosottroes to assist those ddldm. Ms. Ross asked if W. Williams knew of any programs in other cities %st had been s mossful in meeting this teed. Mr. Williams mentioned the "Corning Up" program in Fort Worth. It is a gang intervention program through the Girls and Boys Clubs. He noted than Denton had the Denton Juvenile Diversionary Servkes, the is a member of diet board but. they are looking for funds like everyone else. Mr. Williams stated again that a drug outpaient clinic is needed is Dartoa for persons without insurarsoe, Offica Bobby Ray mentioned drat the DA. R. E program was in both the elementary and junior high schools to" with youth. Mr. Wi Iliams said as kmg w he saw graffiti oa the bduoom walls and police care then we haves gang problem. He noted that DA,R.E, worked well at the elementary level but that in middle school children said it was uncool. Ms. Ross asked for other comnan . Missy Dickinso REACH of Denton stated that they were an organization that assisted persons with disabilities. She stated that some of their services were being curt because of decreased funding Ms. Dickinson mentioned specifically the A.&S IMz to Diub lip P T, She" that this program provided a licensed professional counselor to assist those who must adjust to t,1e'v disability. Ms. Dickitsoa also stated that they would also be cutting the local sign language course, a loaner equipment prograrn and an independent living skills training course. She noted that many Dentonites have atteadod the sign language course and others would like A to. The loaner equipment program provides items like wheel chairs or crutches needed by disabled persons. Ms. Alma Clark mentioned that a sidewalk is needed from Jannie Street to McKinney so that people could walk to i ~ Food Lion. Ms. Clark stated that her major concems were sidewalks and drainage. Other attendees stated that something needed to be done on the drainage in the area where the man and woman recently drowned. Ms. Ross noted that there were some drainage projecL that were about to start She stated that one over in the Kerley/Duncan 4 area near the entrance to Willow Creek should begin soon. Nis, Ruby Cole mentioned that the new home on the { O FJ comer is flooding. She stated she did not understand how a house could be allowed to be built where it would flood, his. Ross reiterated that the drainage improvements in this area would begin soon. Ms. Ross attempted to explain how flood plain designation worked, his. Cok also nentioned that flooding on Robertson Street behind the CME Church. She staled that the City had an easeFAMI to make repairs and that the easement was up about two years ago. Attendees stated that there needed to be gates or something to stop people from driving through the high water. Mc Williams stated that over in the Woodrow Wilson neighborhood tha: citizens don't have to have community Page 35 • • 1997 Action Plan for Housing & Ccmmunity Development meetings to get drainage done. Ile did not understand why in Southeast Denton, they have to have a community meeting to get something done when people are being killed. Ms, Ross pointed out that this meeting was a public hearing and is open to anyone in the City. A public hearing is not designed for any single neighborhood. Ms, Loraine Fowler asked why there is never enough money when roads need improvement in Black and Hispanic neighborhoods, Sho stated that she had an aunt who needed housing repairs and died while waiting on repairs. his. Fowler staled that the City said it was substandard but there is no assistance forthcoming. Ms. Nancy Baker, Housing Rehabilitation Specialist, asked for the name of the individual who was on the waiting list. Ms. Fowler provided the name. Ms. Baker said she would call her regarding the status of the rehabilitation applicant. Members of the Zeta Phi Beta sorority at TWU stated their desire to assist persons in improving their homes. She stated that rather than demolishing substandard homes they ought to be remodeled to house low income fare lien. Ms. Ross explained that sometimes it is cheaper to demolish and rebuild than to rehab. Ms. Ross noted that another problem was the difficulty in acquiring properties with tax liens. Christine McAdams asked the status of the Morse Street sidewalk proj act that stopped at her house. She commented that the City had called her regarding cutting her hToss. She also stated that her yard was no longer level and it was difficult to mow. Her yard is also eroding where the project was not completed. Ms. Ross explained that one contractor bid $19,000 to complete the project. Staff felt it could be done less expensively soh was rebid. No one bid on it the second time. Staff was now working on alternatives to the plan. Someone asked if the program used small contractors. Ms. Ross stated yes and that there were tr+nority and female contractors woiit ng with the CDBG pmgrarn. Mariam HamilM Umton Housing Authority, asked if the City had ever considered acting as the general contractor and hiring subcontram-m to complete the proje-. Ms. Ross was rat aware if this had ever been done, but r said she would ask about that possibility. ` Ms. Louise Cochran asked Ms. Ross to explain the Homebuyer Assistance Program. Ms. Ross explained that the City paid half of the down payment and most of the closing costs so that incomeeligible families could purchase homes. &tn. Cochran then asked why the house on the corner of Bushy and Wilson Streets had not been demolished. Ms. McAdtms then m-unented that her home had been rehabilitated several yeah ago and now she had a leaking roof Ms. Ross asked if she was on the waiting list for a rehabilitating. Ms. McAdams stated that she was but that she had been waiting for a long time. Ms. Ross stated that if her roof leak constitutes an emergency she may be able to get some help under the Emergency Assistance Program to make that repair. Ms. Cochran then stated that she did not understand why the City could not take down the house on B-shey and Wilson. That some time ago, a house from Quakertown was demolished and that was probably the oldst home in the neighborhood, Ms. Ross described the process whereby the City staff works with the State Historic Preservation Office \:s. Ross indicated that the City sends the State information on the structures and then can only do what the • State Historic Preservation Office allows. She noted it is not a local decision but a State decision. Ms. Belly Kimble and his, Ruby Cole stated that they had been surveyed at one time reguding sidewalks down Lakey Street. They stated they did not want sidewalks along the east side of lakey but that it appeared that it was going to be done anyway. They asked that the funds allocated to the sidewalks be used for drainage instead. Ms. Ross stated that this project was not CDBG•funded but that she would talk with Jerry Clark regarding the project. • Citizens continued to discuss drainage problems on Duncan, Kerley and Robertsoo. They stated that the problem • starts at Eagle and Bell and continues through the neighborhood. Ms Cole mentioned that there was water now on Kerley Street and that it is there all the lime. Another problem area was Campbell and McKinney. This was noted as a drainage problem. The drainage ditch is grown over so water stands in the area. Ms. Cole and Mr. Williams noted that there were also drainage problems around Wainwright Street and neu the binbo hall in the downtown area. Page 36 40 ! • r 1997 Action Plan for Housing & Community Development Suzanne Stone and Cc-men Rodriguez of Kids Unlimited discussed the need for additional funding for their l programs. They mentioned that they have programs designed to build self esteem for the children. Ms. Stone mentioned that funds are often used for housing when the children arc in need of services. Housing might not necessarily cause a difference in the life ora child. She mentioned that they would like to extend their program to meet the needs of 12 to 15 year old youth. The members of the Zeta Phi Beta sorority mentioned their program at the high school level that assists young women. The program allows young women to visit college campuses outside of Denton. They also attend leadership retreats, job seminars, etc. to help them plan for the future. They stated funding is needed for the program. Ruby Cole mentioned that she would like to see funds continue to be provided to Fred Moore Day Nursery. She inquired as to the funding available to the school. Ms. Ross noted that this year, the child cre contracts were bid out due to the requirements of State law. Ms. Ross stated that those bids were due in tomorrow and that Fred Moore would probably be the only bidder for infant child can. She added that Fred Moore had been receiving funds from the City for more than ten years and that they received more funding than most agencies assistod by the City. Ms. Cm"l once again rated rite problems with her house. Ms. Ross asked if she was on the Waiting list and again stated that there may be some items which could be repaired under the Emergency Repair program. She stated the insurance requiremeots were expensive. Ms. Ross stated that staff would contact bee and work with heron some emergency repairs and her insurance needs. Citizens asked about the funds available for housing renovation, Ms, Ross explained that staff was currently spending 1994-'97 year funds and that these would probably be exhausted by the beginning of the 1997-'98 fiscal year. Citizens agreed that additional funds should be provided for housing rehabilitation. Ms, Ross stated that the program has changed in recent years. That+ome of the problems voiced by citizens occurred because in the past, funds for rehabs were vary limited, Homes would be repaired but many sVwWral or other problems would be It It Therefore, the repairs made would not last very long. Ms. Ross noted that oow they arc able to go in and do substantial rdubiliution or reconsutnction. These are more complete renovations and the repairs will last longer. Mr. Williams asked for a percentage breakdown of how furls are spent in regard to the eligible activities. Ms, Ross stated that all of the activities an not furled, She did not have exact figures but stated historically it had been about one-third to housing, one-third to public works and the other third was split between human services and other activities. Mr. Williams asked how economic development activities benefit low and moderate income persons. Ms. Ross explains that these activities are designed to cmatejobs that are available W low and moderate ixome citizens. ! Mr. Williams poinred out that the targeted area cause the CDBG funds to come to Denton but that obs are created for persons from any area of the City. Ms. Ross explained the CDBG and HOME formula.- 'location system. Ms. Ross added that funds can be provided to assist low income families anywhere in the City and neighborhoods that have at least 51 % low and moderate income. Ms. Fowler asked a question about flood insurance and why insurance does not pay off. Ms. Ross suggested that she • speak with Dave Salmon, the City's tloodplain insurance manager or an insurance company. O $ Ms. Ross asked Mr. Williams to clarify his comment regarding economic development. Mr. Williams stated that J( without Southeast Denton there would not be any CDBG funds and that the jobs should be available to those in this \ neighborhood. If economic development is going to be done then people would have to have a certain zip code to be hired, etc. Rather than just saying low income, we should look at where they live. Ethnicity shouldn't matter because there are Hispanics, Blacks and others in SE Denton. Ms. Ross noted that there are several low income Page 37 41 e e 1997 Action Plan for Housing & Community Development i neighborhoods in Denton and that currently the Owsley neighborhood had the highest percentage of low and moderate income persons. She mentioned the possibility of a neighborhood revitalization area that may assist in doing economic development in low income areas. Mr. Williams stated that what he was saying was that economic development funds should be spent in the neighborhoods that cause the funds to come to Denton. Another citizen noted that she is seeing new development happening in many areas. She would like to see some of this occurring in SE Denton. Ms. Christine McAdams asked about the Emergency Repair prog,am. She stated that she had called about her roof years ago and had not received any assistance. Ms. Ross commented that the grog cars had just started. Ms. Ross explained that it would need to be a health and/or safety risk for the item to be an emergency. Ms. Fran Morgan noted that if shat rock got wet and mold grew, that can be a heath risk for some persons. Ms. Hamilton asked regaroing the accr antability of the contractors working on CD programs. Ms. Ross replied that the contractors warranty deir work for a year and within that year they are obligated to come back and make the repairs. Horne owners are required to maintain the property and to call the contrsctor when warranty repairs are needed. Contactors who do not cone back to make warrranty repairs are barred from future puticipatioo and Community rkveloprn n in some insbrrces pays another omtractor to make those repairs. Contactors must mat City of Denton building code standards. Projects arc inspected by the CD Inspector and City Building Ins; octors. She noted that program allows homeowners to get their own contractor srtd obtain bids. Contractors need only meet City insurance requirements. Carmen Rodriguez stated that funding noods to be used to help teenagers and children. She specifically mentioned the children who participated in the "club" with a young man who mrk the youth participate in various "initiation" \ activities. Ms. Ross agreed that it was brought out during the course of the investigation, that these childrea had no other acWt:,s in which to participate so that it was easy for the young man to lure diem into the "club." Offrca R-bby Ray mentioned that DARE was also in read of ford ing borauu of some cho ngm in the scbool distract This was primarily due to the sixth grade movi:ng up to middle ubool level. He stated that DARE deals with many of the things mentioned here, drugs, gangs, etc. H- stated he had seventeen letters 9om parents stating bow effective the DARE program is. Some announcements regarding area activities were provides by citizens. Ms Ross reminded attendees that comments could be provided to the Community Development Office at any time. She also announced that a public hearing will be held at the Senior Center, Tuesday, December 10 from 3:30 to 5:30. e Ms. ]toss thanked the citizens for their participation. The public hearing was closed at approximately 8:30 P.M. i PUBLIC HEARING MUg7ES December 10, 19%! Deotoo SeolorCeoter The public hearing began at approximately 3:30 p.m. Ms. Barbara Ross, Community Development Administrator, I e gave a brief explanation of the purpose of the public hearing and what activities arc eligible under the CDBG and ® O J HOME programs. She stated that a Citizen's Guide was available that provided further information on Community Development programs. She added that fund ng from both sources would remain Vlatively stable with an approximate $2,000 decrease in CDBG and a $10,000 decrease in HOME. Ms. Ross invited comments from those \ in attendance. Page 38 4Z • • s 1997 Action Plan for Housing & Community Development The following committee members were present at the meeting: Wallace Duvall, Human Services Committee, and Roberta Donsbech, Community Development Advisory Committee. Also, present wane Gordon Meredith and Luisa Rodriguez-Garcia from the Community Development Office. QmmeAli: Jim Mabmy from Rockwall, Texas stated that the #1 objective of federal funds should be housing. He said that funds should be used for infrastructure and utilities for the development of booing. Latina Dolkaym front the Girl Scouts organization stated that she currently works with youth in low income areas and other areas where no services are provided. She indicated that cWict resohnion programs for youth ages 5-17 are needed in Denton, especially in areas outside the MLK area. She stated that ber organivdiom provides & conflict resolution program for youth in the MLK Area and are looking in expanding into other areas of the city - Denia Recreation Center, Hwy. 77 and Joyco Lane and around Smith and Johason Streets. Dick Smith from Big Brother and Big Sisters mentioned that federal funds should be utilized in mhab4itating substandard buildings for amprofits, which is elan will help eliminate slum and blighted areas. He stated that Big Brothers and Big Sisters in looking into the rehabilitation of a public facility. Bobbie Bowen asked about programs to grist citizens to purchme homes. Ms. Ross mentioned that the Homebuyers Assistance Program can assist first-time home buyers with down payment and closing costa for low and modaste income households. W. Ross also menborW that the Community Development Office v, old be happy to send her I some information on the program. Nancy Boorman from tt,e Lake Forest Goo, Samaritan asked if federal funds could assist an wgamu 3tim to iustall a therapeutic bath tub for senior c itizens at the centrr. Ms. Ross stated that CDBG fwA muid be used for improving nonprofit public facilities. She also mentioned that at kw 51% of the residents' income would have to fall below $W of the aria median income in order for the project to be eligible for federal funds. Gee Tnrss from the North Denton Centa Neighborhood Araociatim stated did neighborhood association for North Denton Center lim taken a comprehensive took at the needs of the neighborhood. He mentioned that small vacant and rental houses could be rehabilitated for elderly residentsor residents with handicaps. He also mentioned that those residents would be in close proximity to downtown businesses and services. .1 ~ Jane Provo from the Dentoo Affordable Housing Corporation complimented the City of Denton for its unique support of human services with federal and general fund dollars. She mentioned that many cities only use federal funds in • assisting human services agencies. Ms. Provo also mentioned that affordable housing in Denton, particularly with HOME funds, should be a priority. She mentioned that rental and homeownership assistance is a critical need it Denton because of its two universities, which causes the price of own ing or renting housing lobe extremely high. She mentioned that DAHC receives many calls a day with pcop!e looking for affordable housing, however, there is not enough funding to help, v I A Several other citizens also agreed that affordable housing is a big need in Denton. Cresha Blattie, a property manager, stated that rents in Denton are extremely high. She also stated that she turns away about 2 or 3 people a day because they are not able to afford the high rents or they do not have any vacancies. C Page 39 43 • 0 0 I 1997 Action for HousingA Community Development C" OTHER COMMENTS RECEIVED ON USE OF FUNDS I Comments oo the use of federal funds were also received by telephone or written received on the use of funds arc available m the Community DevelopmThe ent Office for review. Tye follomn rs a summary of those comments: g . A letter was received from Elaine Kennedy, a Denton resident. Tye letter empbuized the "urgent need for decent, suitable, low income housing." Ms. Kennedy stated that over the last few years, rental costs had incrcued to a point bedroom apartment costs more per month that what she earns. She also mentioned that last yea her rent were a kcre&wd 29 a need percent and her salary increased only 3 perunt. The letter also indicated that low itxome housing is especially for those that live solely on social security or very minimal income. A telepbone calf was receive! from Royce Clark. Mr. Ctat stated that programs are needed to help the neighborhoods and to help people mjh* their homes. At telephone call was received fiom Betty hunter. Ms. Hunter mentioned that f¢ds aboa Id be used to help persons Buse, for the disabled and for other human services. A letter was received from Carta Scsggs. Mr. Corporation (DAHC). The leer staled that DAHC affordod tbem the support ty the Denton Affordable Rowing pride of home ownership and a chance to invest in their fixture. Mr, &W to iccresise ~ statedird of living, ampport DAHC. sbwgl~y encouraged the continued A letter was received from Susan Edwards fian the Denim County Cooperative Min6tria. The letter stated thew intention to pursue grant funding for the operation of the Demtoo County Maistamoe N*worL AmWing to the letter, the htoctiom of DCAN is to provide urganirations and churches s omme and current kfbrmadon regucld8 available community resourom so that those aceesaing the information ca mate appropriate subhow decisiotu and referrals. Additional funding is essential for the maintenurce of the system, as wed as the development of additiamd components to etahsamoe DCANs effectiveness and uti! ity. A letter was received from lane Surds. Provo, Executive Director for Deatom Affordable He using Corpontiom. Ms. Provo reiterated her comments tttade at the December I Oth publi: beaur* Ms. Provo place a high priorry on urged the City' to con inue to also stated that the deve~ that address the hewing Deeds of low and ntalaate ioepne residents. T,te let tetra letter lopment of homebuyees and new homeowner's counseling and educational sessioru arc an essential component of affordable homeownership programs. DAHC firmly believes that safe, stable affordable housing bomfits not only families but, also helps build and stabilize neighborhoods, large. schools ad the community at O Fourteen (14) leners were received from principals, assistant principals, and Razyor, Ronald McNair, W tutchdd from Newton Woodrow Wilson and Sam Houston Elementary ry Schools zed Gd qun Middle School. Tye letter expressed support for the D.A.R.E. program and recommended the continuation of the DARE program with federal funds. According to the comments the D,A R.E. program ensures that the children will be taught essential skills on how to stay drug free and provide s positive interaction between students and police officers. O ~ O O C ~Page 40 c • 0 • • 1991 Action Plan for llo.1sing $ Community Fkvelopment { COMM IM RECEIVED DURING 30-DAY COMMENT PERIOD Afta the Anion Plan was drafK aJvatisements wen placed in DmVm Record Chronicle summarizing the plan wA Announcing to the Public tho lwoce ss for submitting comet uts to the City of Denton. According to the City of Dentoa's CitiZem PAIlkiPratioo Plan, III Commend will be ecrasidW A OW A tespomsc will be given for all Comments. 'ibe following is a summary of those comments: fib: As of Ap6125.1997. one comment was received A le ter 6nm Charles SauodeM mamba of the as a public comment (See page Q). FLSC, was received I i I I • Page ~r 41 45 • • P, AamMer / Lbw YA:!%+rraw:cY~x.++*e'fA':+t!A".!+xtl+"1.tk2.1M'r'q~D°P.~tr v4Taw•,•yiltile"bsr.":.w-r,rn:q*at+"iMYM'AX.4wtl'r.a.._,.. . 111 At LAMM Swell Ph~ (817) M-0591 DAIW4 Imo 76111 Nett (114) u.;-tl"! April 17, 1997 Mr. Derrick Collins Hutaan Services Coordinator 1GO W. Oak Suite 209 Demon, Texas 76201 RE: Resportse to your mernomndum dated April 14, 1997 regarding 1947 HSC Minutes Dear Derrick: C It has ban a plasum to work with you in our Hun= Barlow Committoe moetirV. Ynr competency incrases my coa5dence in the quality of people Woridag for the City . T%vk you for doing such a great job! I would like to attach this comawn to the proposed mhwtes. I am sell opposed to the Denton Couttty Cooperative Mmistries receiving any funding at a!I firom the City. First, they will continue to operate DCAN era if the City does not fund their program. 1 Second, they are a claringhousetwatchd do not directly og; they only provide any service to i low income individuals It would be more appropriate for the agencies which use this O service to include funds in their budgets to provide to DCAN. Another comment--Friends of the Family needs to get the message to work with the District Attorney's office on changing the requirements for eligibility to participate in • the diversion program. Currently, first time misdemeanor offenders spend a substantial i~ • m amount of their family's budget for attorney's fees, fine, court costs, and probation fees, not to mention for the batterei s progranJcounseling. If a first time misdemeanor offender Page 42 • S was eligible for the diversion program then bsfier money could go toward reimbursing i Friends of the Furuly for shelter expenses incurred by the offender's &mRy (instead of to the leol "em), Agai, think you for your time and consideratiou in these amers. Sinwely, N Charles P. Saunders CPS/scs .1 O O ! ~ A O J { i4 Page <3 47 } ~rr.i. ......e^r1m'e7►fl~I~RrF7T{S~~S"~R`A.:'{.S'~~~_~J~~r Ir,.~r i _....~~I~~.i~~. l~ • • OFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE MEETING FEBRUARY 10, 1997 Members Present; Roberta Donsbach, Peggy Fox, .Ann Hatch, James McDade, Lisa Polack ]tan Ellen Rogers and Jean Hinojosa !Members Absent: Nalhaniel Johnson and Kimberly Franklin Staff Present: Barbara Ross Luisa Rodriguez-Garcia and Alma EsPino Meeting was called to order at 6 35p.m. Ms. Ross gave a brief overview of materials included in the application binder. APPROVAL OF MINUTES FOR THE OCTOBER 12, 1996 MEETING Mr. McDade asked if there were any corrections. No corrections were noted, Ms. Donsbach made a motion to approve the minutes of October 12, 1996. %ts. latch seconded the motion. The committee voted in favor of approving the minutes. Denton ARordabk Housing Corporation, Jane Provo Requesting: 3113450 The request of $113,450 is divided into two components. The first portion is the overall administration budget. This part of the request will help iu hiring a much needed assistant As Denton Affordable Housing Corporation continues to grow the need for more personnel becomes important. Core operating budget is S22,450 and makes up 38% of the operating budget. The $22,450 represents no more than 5% of Denton's anticipated HOME alloation. The other part of the request is for the Affordable Homeownership Opportunity Program for $91,000. This program was started 9 months ago with the purchase of two HUD homes. As of Friday, February 14, DAHC will have acquired 14 homes. Half of the homes are located in Denton and the other homes are located in surrounding area. DAHC has been receiving requests from surrounding, areas, The Denton County Housing Finance Corporation requires that housing be provided in the surrounding areas, J DAHC finds HUD homes and then determines if the home is feasible to repair and sell at affordable prices, A bid is placed and if the bid is accepted DAHC arranges to have any repairs done. Tl,; process is evolving to awaiting list of eligible clients that are pre-qualified for a mortgage loan , Clients are also allowed to provide sweat equity by doing the work themselves, which can lower the cost of the home, After the repair, if a b!ryer is available, DAHC begins the , rocess for clostag the contract on the home. • A problem with the HOME funds that are used to acquire homes, DAHC buys the home and then sells it O to wwhich recycle the funds. This process restricts funds. DAHC has had to borrow money with interest, which needs to be included in the sale price of the home. First State Bank has extended DAHC aline of ( credit DAHC was also recently testified by the Federal Home Loan Bank of funding for home buyers program. • 0 Official Minutes 2/10/97 CDAC Meeting Page 2 iI This program will increase the amounts of homes purchased which will benefit the community. These funds will assist persons to buy a home outside the city of Denton. The City of Denton Homebuyers Assistance Program requires that the home be purchased in the city of Denton, Questions: his. Provo asked if there were any questions. There were no questions. Fairhaven Retirement home • Rental Subsidies, Cheryl Harding Requesting: $14,544 City of Denton funds currently assist 5 residents of Fairhaven. The request this year has increasr to include t more person, Fairhaven Retirement Home has 47 households and 80% are low to very low inwme. Nine households are assisted through Section 8 program through HUD. Two households are assisted one Fairhaven Trust Fund Currently, there are 17 persons on the waiting list and four are in need of assistance. Average income, of the five receiving rental subsidies, is $780 and four have money in the bank. Their average age is 79. Recently, Fairhaven had some vacancies but had to skip ov,:r 2 persons on the waiting list because they needed assistance and there w,.s none available. This program is very successful and is reaching the elderly with low to very low income. The need is C increasing and the need for this assistance is very important. Questions: f Ms. Donsbach asked if waiting list had any minority persons. Nis Harding replied that there are not any minorities on the waiting list Some marketing h is been done bilt there has been no response. Nis. Polack asked if anything else is provided, for residents, besides meals. Nis Harding replied that SPAN offers a homemaker service to 22 residents. The service belps with the heavy cleaning and residents match the work wvth S 1.2 5. Home health ;are is also available There is also someone comes in and does their nails. A }'UD funded employee works as a case manager. She htlps residents with transportation, appointments, benefits counseling and anything else the resident might need. Nis, Ross asked if the Section 8 assistance is due to expire. his. Harding replied that the contract is due to expire in 1998, Two persons are currently being assisted through the principal part of the trust fund. The board is currently looking at the trust fund for the future and will not allow any more assistance to be given from the trust fund. A fundraiser is planned to help put money back into the trust fund, his. Polack asked what percentage of the five persons receiving rental subsidies had come from the City of Denton. Nis Harding replied that four had lived in Denton for most of their lives. One person came from Florida to live near her daughter in Denton. his Knojosa asked regarding the types of marketing ® that had been done to encourage nnnorky participate. n. Ms. Harding replied that due to the expense Fairhaven does not do much marketing Plus there are 17 people on the waiting list he added that she tries to attend free community health fairs to market the program Advertisements have also been run in f the Ebony News and the Denton Record Chronicle. Fairhaven has brochures but has found it to be too expensive to do amass mail out. Fairhaven has marketed to minority churches. his. Donsbach wondered why shere was no participation of minorities. Nis, Harding stated that she believes that 49 : tai _ . ~.-~:a_ ~._.~.~~Y~ • 0 • Official Ntinules 2110/7 CDAC Meeting Page 3 Fairhaven is just too far from their families and from town. Pecan Place is in abetter location and will attract more minorities. hit. McDade added that in the past there had been no public transportation running to the area. Nis, Rogers asked if the lack of minorities was related to culture. Ms. Harding replied that Fairhaven is a closed enrronment and neighbors do have to get along with each other. Statistics also show that there is a higher percentage of minorities in nursing homes. Nis, Harding added .fiat the brochure is not in Spanish because there has been no requests or calls for Spanish literature. Nis. Ross asked if anyone in Fairhaven spoke Spanish. Nis. Harding replied that she had no one at this tme Nis, Rodriguez-Garcia stated that the Community Development Office has experienced a increase in call from Spanish speaking persons since the community has found out that there are persons available that can speak Spanish Dc-iton Community Development Corp., Warren Searls & Carolyn Birkhead Requesting: $44,070 7 he corporation will offer gap fin-king for local businesses, which in turnwill provide jobs. Funding for the corporation is provided by the city and private funds from local banks. The DCDC was funded last year by the City and in the process of negotiating with the city for the release of funds, his. Ross stated that DCDC is due to go before city council on F6ruary 18, 1447. Nis. Birkhead stated that the DCDC is now incorpotated and that everything was in place. It took a lot of hard work. Questions: Nis. Polack asked regarding the section for personnel, Has anyone been hired? Nis. Birkhead replied that the personnel section in the budget is projected his. Polack asked regarding the duties of the academy director and trainer fees. Ms. Birkhead replied that the academy director would run the academy and the trainers •,vould give the classes. Nit. Searls stated that the there are two reasons why businesses fail. One is the lack of knowledge, which the academy will help to provide. Two, is the lack of funds, which will be provided as a gap loan , To receive money a person will have to accomplish the following. • 1) go through the academy, which will be a short course (exceptions for not attending will be if the person can display the abilities to run a business, 2) person must qualify for a loan; 3) the must be need for the funds Nis. Rogers asked when the first class for the academy was planned, Nis. Birkhead stated that it would • be somewhere in August or September. Nis. Rogers asked how DCDC plans to generate funds for the O O program. Nir Semis explained that the loan pool will be funded by local banks and City funds. The loans given from the loan pool will be paid back and put back into the loan pool. There will be a fee 1 charged for services pro i ied to the client. Nis Rogers asked if DCDC would ever become self sufficient. Mr. Searls replied that DCDC would always need funding to continue with operations. Ms. Polack stated that statistically speaking most businesses fail, How will the organization get paid back if ,l 7 7, • • Official Minutes / 2/10/97 CDAC Meeting Page 4 a business fails? Dir. Searls stated that starting a business is tough but the client will have to show f rst to the bank that they are capable of paying back the loan , The bank will determine if the loan is a good risk and if the person can support themselves during the first three years of the business Banks are very tough and they look at everything Banks will not touch a risky loan his. Rogers asked what would be collateral for DCDC's gap loan if the bank has first lien. Mr. Searls replied that the bank would have first lien and whatever was left DCDC would get Nis. Birkhead stated that all applicants will have be approved by the loan committee. The loan committee will be made up of board members with expertise to make loan packages. The loans do not have many restrictions, they are pretty general. Mr. Searls added that the bank will pretty much assure the ability for applicant to pay back the loan. The applicant will have to demonstrate the ability to cover thing expenses for the first three years of business. Nis. Donsbach asked if there were other Community Development Corporation designs that could be looked at. Ms. Birkhead stated that there are several cities like Fort Worth. Long-view and their CDC are a few years ahead of Denton's. Ms. Donsbach asked how successEd the CDCs were his. Birkhead replied that Community Development Corporations have been slow ~n getting going Cities developing a Community Development Corporation have been very cautious. Houston was in operation for 9 months before they made their first loan. Ms. Rc.,s stated for the committee that DCDC had received in 1995-96 C $60,500 and in 1996-97 had receiv-d 530,000. Nis. Ross asked what was new in the budget to request more finds? Nis Birkhead replied that several things have changed. l) Employee who wilt be responsible for giving the loans will need to have a fidelity bond 2) DCDC also thought that the orgari;r_tion %vould be getting donated office space and equipment, they have since found out that it is against the law to receive donated office space and equipment. Nis. Ross stated that the equipment from UNT that was to be donated could be donated to the Community Development Office and in turn the office could donate it to the agency. Ms. Ross asked how much income was expected from fees Ms. Birkhead replied that fees would go back into the program. Mr. Searls stated that the DCDC needs to regener,te. The loans that are paid back, revenue for the academy and continuing finds from CDBG will help DCDC to regenerate itself. Success will be demonstrated by thejobs that are created and the loans that are paid back, his. Ross asked if banks are continuing to donate funds to the loan pool. Mr. • SearIs replied that banks are continuing to donate because the DCDC can make loans possible. Banks are no longer loaning 100110, loans are offered at 80°io of what is needed. This leaves the applicant short funds to sta,-t business, so the business does not get started. DCDC will provide the additional input which will allow the bank to loan the money. Ifs. Birkhead stated that the bank will benefit because it is a win-win situation Ms. Hinciosa asked if there would be restrictions. Ms. Birkhead replied that any restrictions place will be for the loan committees decision. Mi. SearIs added that if applicant meets - • criteria they will qualify, ! O O TWU CA.R.E.S.. Dental, Rosemary Goodyear and Mary Fiori . . Requesting: $30,000 The application submitted is phase 11 of the renovation Several apartments of the Phoenix apartments are being renovated for TWU C A R E S. clinic, Once the renovation is completed the clinic will move from present location. The existing clinic can then be renovated to house the Dental Clinic. At this time 5I ~ • 0 • • Official Minutes 2/10%97 CDAC Meeting Page 5 the dental clinic is located in a utility room that is like a shoe box The renovation of the dental clinic will be completed before the end of 1997. TWU C.A R.E S plans to obtain other funds for the renovation from foundations and venture grants. Phase III will be renovation of an area for education. The renovation of the present clinic will triple the size of the dentist area, The environment will be more open and inviting and will encourage more dentists from Dental County to volunteer their services. The present dentist area limited space and limits the capabilities of the dentist. Volunteer dentist prefer to use their own staff aid equipment and with the space they are unable to do so. The renovation will allow the dentist to go from unit to unit without compromising work. It will also facilitate students coming and volunteering their time. Questions: Nis. Fox asked what the criteria was for determining assistance. Dr. Goodyear replied that a person needing dental work needs to demonstrate that they have no income for dental care. There is a $5 charge The need determines if they were assisted. Sometimes due to lack of availability at the dental clinic the person is sent to Texas Woman's University and put on a waiting list his. Fox asked if there was a duplication of services with the Kiwanis Nis, Fiori replied that Mwanis only assist children. ( There is no other place to go. Nis. Hinojosa asked if the renovation would be able to reduce the amount of persons on the waiting list. Dr. Goodyear stated that there would be more volunteers and students to assist with dental work, his. Ross asked if the clinic had a list of volunteer dentists. his, Fion replied that they have a list but that there is no space to rotate schedules. Dr. Goodyear stated that they plan to apply with the Human Services Committee for a dental assistant to provide continuity from dentists to students, his. f inojosa asked regarding the hours the dental clinic was open. Dr. Goodyear replied that the clinic is opened about once to twice a week his. Rogers asked if this would change with the new position his Fiori replied that it is very difficult to get a dentist. his, Rogers asked if patients once treated continues treatment with the same dentist his Fiori stated that it depends on dentist's schedule and the amount of time the patient can wait to see the same dentist his. Ross asked what the percentage of clients were from the city of Denton Dr, Goodyear replied that the percentage is higher for the city of • Denton Ms Ross asked if other cities had been approached for funding. Dr. Goodyear replied that other cities served are such a small percentage. Ms. Rogers asked if a dental instructor will be involved his. Fiori replied that until recently the dental instructor from Texas Woman's University ran the dentist office. Due to some staff changes this L. no longer true, his. Fiori stated that the amount of persons being seen was down, but that there are a lot of follow-ups to have work completed. Dr, Goodyear added h5at there were about 160 pecple and 300+ procedures. Nis. Ross asked regarding the money for the renovation of the apartments, Dr. Goodyear stated that they have been overwhelmed with generosity O O of the community and will have funds left. Once the match is met there will be funds to put into the { renovation of the dental clinic. Adult Day Care of North Texas, Rosemarie Hoffman Requesting: Si0,000 This year Adult Day Care of North Texas has received a Medicaid contract. Due to receiving the i • • Official Minutes 2/10/97 CDAC Meeting Page 6 contract more regulations have been imposed. There are more safety standards that need to be met. The wheelchair ramp is located in the east side of the building. In a evacuation, time is very important, because a fire can become very hot and can kill within three minutes. The request would increase the amount of ramps. The restrooms require that the hot water be 90°. At this time, the hot water can be run for 20 minutes an it only gets up to 82°. If temperature on the water heater is turned up all the hot water faucets in the building will have a temperature of 120°. The building also needs weatherization. The building at this time does not have storm windows. On windy, cold days everyone at the home has to be kept in the center of the room to stay warm. Three feet from the window a breeze can be felt, Participants are handicap, frail and over 80 years of age. Air and heat needs to be kept going at all times for participants. Their health is at stake. The are no screens on the windows so they cannot be opened for the safety of the participants. At this time utility bills are averaging about $400 a month. The weatherization would create a tremendous savings in utility bills, The request does not contain any cosmetics. Adult Day Care of North Texas has exhausted donation sources. This is why Adult Day Care of North Texas has come to the city for funding. Questions: C Ms. Rogers asked how many clients were being served at this time Ms. Hoffman replied that there are 19 and one Medicaid referral. Ms. Fox asked regarding the racial makeup of participants was. Nis. Hoffman replied that participation is 100% Caucasians She added that the day care has hired a Spanish speaking person and is currently seeking minority participation. The numbers will change. Nis. Ross asked if the building was donated. Nis. Hoffman stated that there is an unwritten agreement with owner that the building is available as long as it is needed. The owner has agreed, if needed by committee, to signing Adult Day Care of North Texas on a long term lease NIs. Donsbach asked why the day care needed a shower. Ms. Hoffman replied that the day care has clients with incontinence due to stress and strain of Alzheimets. Also many clients do not like for their families to bath them and asks that the day care to bath them. Nis. Rogers asked regarding the budget. If income portion shows 5253,838 to 5189,000 then why does Adult Day Care of North Texas require funding from the city. Ms. Hoffman • replied that some of the money is estimated from local fundraisers, grants, city and county. The city and county offer funding for scholarships for the low income Nis Rogers asked why the scholarships were m,t listed in the budget. Nis, Hoffman replied that Medicaid only pays $6.40 for adult day care services, when it actually costs $25.00 The scholarships make up the difference for operating costs. The committee voted in favor to revise the agenda for February 15, 1997 to include making • recomr*.tndalions to City Council regarding the use of 1996 CDBG and HOME funds. %feeling adjourned at 8:40p m, 63 • OFFICIAL MINUTES r COMMUNITY DEVELOPMENT ADVISORY CONIMITTEE l FEBRUARY 15,1997 Members Present: Roberta Donsbach, Peggy Fox. Ann Hatch, Jean Hinojosa, James McDade, Jean Ellen Rogers and Lisa Polack Members Absent: Kimberly Franklin and Nathaniel Johnson Staff Present: Alma Espino, Luisa Rodriguez-Garcia and Barbara Ross James McDade called the meeting to order at 9,00 a.m_ City of Denton, Eaginnering & Transportation Dept., Jerry Clark Requesting: 5489,091 Members of the committee introduced themselves to Jerry Clark, the City's Director of Transportation and Engineering. Mr. Clark began his discussion of Engineering's requests by talking about three drainage areas in need of improvement. Nit, Clark listed the areas of Bradshaw, Lake), and Skinner Streets. He asked CDAC members to look at a map of the southeast Denton area. The map indicated the properties that would be taken out of the city's flood plain if all the drainage improvements requested were completed. He explained the drainage flow upstream from Bell Avenue and through the neighborhood. Ile indicated that there vvas 100 acres of land and 140 structures that would be positively affected by these projects. Jean Ellen Rogers asked why structures were built in the floodplain is the first place. Mr. Clark explained that the area was developed long before Denton was in the floodplain program. He said the program began in 1919 and the area was developed heavily in the 1920's, 30's and 40's. Nfr. Clark added that much of the development around UNT has affected this area. Roberta Donsbach noted that streets with concrete covers accentuates the problem. Nit. Clark noted that this has not affected southeast Denton but that this has occurred around UNT. He stated that the funds they were requesting were to build the cult erts and that additional funding from the Capital Improvement Plan would build the channels. Barbara Ross reminded members that at one of the public hearings, the comment was made that more development should be taking place in the southeast Denton neighborhood. She noted that additional properties removed from the floodplain could be development 1 resources. Nis. Rogers asked if the channels would be concreted. Att. Clark responded that it would and added that their plan would be able to take the "ultimate flood." He rioted that if these projects ate • completed. the flooding would be limited to the blue areas indicated on the map. Ms. Donsbach asked about the danger of children drowning in the channels. Mr. Clark stated that the actual depth and velocity of water will be less because of the drop structures that they will be putting in. Nis. Rogers asked about the tile method of paving channels. Mr. Clark discussed the type of material that they would like to use. Ms. Ross asked Sir. Clark to explain the time frame and the order in which the culverts would be completed. Mr. Clark stated that they would begin with Bradshaw, move to Lakey and then do • Skinner. He noted that they would like the committee to fund all three. Mr. Clark also stated that they O J were planning to get it set so that the channel could go in at the same time. Everything should be in place in 3 to 4 months. But, they can do the culverts without also completing the channel. Nit. Clark explained that the culverts are the main obstruction so that when they are built much of the problem will l be soh ed. He added th,.. they feel confident that they can do it in a one year time frame. Ms. Donsbach asked if this will help the flooding on Locust during heavy rains. Mr. Clark stated that it should allow the water to flow through more quickly but additional work will need to be in the downtown area. Nit. McDade -sked about the flooding on Bell Avenue. NU. Clark explained that other funds were going to 54 Lai • • Official Minutes 02/15/97 CDAC Mceting ` Page 2 be used for culvert work in that area. Lisa Polack asked if staff was duplicating costs by asking for professional fees on all three projects. Mr. Clark responded that they had reduced the actual engineering costs on their requests. He noted that the costs were for inspection and some administration. The design and other costs would be covered by other City funds. He added that CDBG may get some of that back. Ms. Polack asked again,., hy it was not considered one large project rather than three smaller ones. Mr. Clark responded that they hoped the committee would see it that way but with CDBG funds there are a lot of choices and it may not gel funded if it is too large. This approach gives the committee the option of funding any or all. Mr. Clark reminded the committee that there were funds allocated last year for some drainage improvements on Lakey and for the street to b, repaved. Those funds are still available and will be used on the projects. Nis. Hinojosa asked about the 140 structures that wiII be removed from the lloodplain. Mr. Clark explained the advantages of these structures being taken out of the floodplain. Ms. Ross asked if they would have to take out any structures or if any property would need to be purchased. Mr. Clark stated that he was not completely sure but, it looked like they would not need to take out any structures. Mr. Clark very briefly reviewed the Bolivar Street Sidewalk project. He stated this was the west side of Bolivar and that the east side project was now ongoing. He noted that this was a unique community. "'hen you improve the infrastructure it helps the neighborhood and this is a walking neighborhood so these improvements would help. Nis. Polack asked about a four foot sidewalk. Mr, Clark explained that this is the minimum width to allow two people to pass on the sidewalk. Nis. Donsbach asked Ms, Ross if something was said at the public hearings against a sidewalk somewhere. Ms. Ross responded that the concern was for sidewalks on Lakey Street and that it was not a CDEG project. Mr. Clark stated that they were looking into that comment and trying to listen to that. Air. Clark stated that if they need another project, there was another phase of the South Central Sidewalk program that he would not ! present. SPAN Handicapped Ramps, City Afanager's Office, Veronica Roieo Requesting: $13,911 Air. McDade introduced Veronica Rolen from the City Manager's Office. Ms. Rolen presented the request for funding to help purchase a SPAN vehicle. Nis. Rolen explained that she administers the City's transportation grant. She noted that the request before the committee was to install handicap • ramps to help provide better access to handicapped apd wheelchair bound passengers. Ms. Rolen indicated three reasons why she thought this was needed: 1) The City received a 43° o decrease in funding for operations last year and they expect that to continue this year. She stated that staff is working with the meUL : olitan planning organization at the Council of Governments to get some money returned and they may have been successful. Nis, Rolen stated that they decreased the number of routes and restructured them. She stated that this was an attempt to make the system more efficient. She said ® that this adversely affected some of the disabled passengers riding the fixed route system. They have A • now returned to the demand-response system. The cost for demand-response system passengers is about h twice the cost for fixed-rate passengers, Nis. Polack asked how much the passengers were paying for demand-response. Nis. Rolen stated they pay $1.50. 2) There are two passengers that have become independent. They, are wheelchair hound but totally self-sufficient. They have returned to the demand- response. They have requested stops near where they need to get on. We would like to do this rather than them having to use demand-response. The ramps are needed to facilitate the use of these stops. 3) Safety concerns are another reason for the request. Many times the buses must pull away from the curb • • Official Minutes ( 02/15/97 CDAC Meeting \ Page 3 into the street to allow wheelchair bound passengers to disembark. They then travel down the street to get to the nearest curb cut. This could cause a passenger to be struck by a vehicle. Ms. Rolen stated the request is for 13 curb cuts throughout the city. 'Be locations are listed on attachment C. She noted that the Engineering Department prepared the estimates. Nis. Rolen added that work would begin in October and all ramps would be completed by December. Nis. Polack asked if UNT had any responsibility to help with the curb cuts. Ms. Rolen responded that these are located on the public transportation system routes on city streets. She noted that when they revised the routes they no longer go down the center of campus. UNT also had their own transportation system. She added that UNT probably has no responsibility since they are city street but, she has not asked if they would be willing to participate. Ms. Donsbach asked if all the curb cuts were to sidewalks. Nis. Rolen said yes, with the exception of three. At two locations there are waiting pad so they can wait for the next bus. At UNT, the curb cut will allow them to access a parking lot. Ms. Hinojosa asked he 'v the sites were rioritized. Ms. Rolen stated they were prioritized by the safety situation with the most dangerous sites having the highest priority. Nis. Ross asked about the pos.sil-".ity that routes might again be changed in the future. Ms. Rolen stated that there may be minor chan3,;s but that these would probably remain, Big Brothers and Big Sisters, Dick Stewart Requestiap: $50,000 Nis. Ross introduced Dick Stewart a board member with Big Brothers and Big Sisters. Mr. Stewart noted that a common problem among nonprofits was the need for permanent space. He gave an example of two years ago when the United Way got moved out of their offices when the campaign was ready to start. He indicated that Big Brothers and Big Sisters had been i.. existence for 22 years. They have been in their current location for seven years. Ile stated that it was a good location and they had been happy with the office but, that the rent continues to increase. Mr. Stewart continued that it was suggested he visit Arlington's Big Brothers and Big Sisters facility that was funded with 3500,000 in CDBG funds. Fie noted that they now have a permanent site with area to expand. Mr. Stewari stated that he felt they could get into a building for about S 125,000. He added that he put in S 1,000 to start the fund and that th- were going to seek out foundations with available funding. He noted that most foundations want to fund projecte with some local support. Mr. Stewart commented that this funding would be the start. He asked the committee for any questions. his. Rogers asked what city they were looking to locate to. Mr. Stewart stated that they wanted the main office to remain in Denton with a satellite ie Lewisville. Ms. O Rogers asked if they were trying to consolidate offices. Sir. Stewart stated that they planned to have satellites throughout the county. He added that they would be looking at a site where CDBG funds could r improve the area. Ms. Rogers asked about the idea of the organization purchasing and renovating historic property. Mr. Stewart stated that this was a possibility. Nis. Polack stated that in the proposal, it was noted that transportation was a problem. She asked if the site would be for administration functions or would other activities take place at the site. Mr. Stewart said it would be similar to what they do now, O signing up, matching up. Nis. Polack asked what other services are provided. Mr. Stewart explained the O O sen ices provided by the agency, They must first screen the big brothers and sisters. He added it takes 20 to 30 hours to get one individual ready to take on a little brother or sister. Nis. Hinojosa asked how many staff members they had. He noted that they had four staff members and an RSVP volunteer. Nis. Ross asked regarding the statement in the application that 30110 of the families receive income assistan-.e. Mr. Stewart explained that some were on food stamps and some on other types of welfare payments. Mr. Stewart then gave an example of his own experience as a big brother. Mr. McDade thanked Mr. Stewart for his presentation. wry 7~ • • Official Minutes 02115,'97 CDAC Meeting Page 4 Community Development Housing Programs, Nancy Baker & Alma Espino....... Requesting: $ 611.318 Nis. Ross introduced Ms, Baker and Ms. Espino to the committee. his. Baker began the presentation on the Homeowner Rehabilitation and Reconstruction Programs. She gave CDAC a brief review on the program. She noted that with just an inspector and specialist they often struggle to get projects ready for bid. Nis. Baker commented that his. Espino was now begir..ng to assist in the application process. She added that the office hopes soon to add his. Espino to the ].musing program as a housing assistant. Nis. Baker indicated that though there are two applications, she will address both programs at once. She noted that households come to request a rehabilitation. It is only when staff determines that the homes are not feasible for rehabilitation that home owners are put on the list for reconstruction. She asked the committee to look at some statistical data regarding those in need of housing assistance in the community. Nis. Baker added that there are 72 people on the waiting list for housing rehab. Ms. Baker showed some photographs of homes before and after rehabilitations were completed. She stated that staff has been working with local lenders to provide part of the funds needed for each rehabilitation. Applicants are now required to go to banks for assistance. The City puts in the difference between what the bank will lend and the cost of the renovation. This will effectively leverage the fedtral dollars currently used in the program. Ms. Baker reviewed the sources of the requested $421,31 S. This should provide 15 substantial rehabs. Ms, Baker then indicated that Nis. Espino will provide information on the bank loan process. She indicated that one of the new housing assistant's duties would be to monitor loan accounts. It is hoped that this wilI also increase loan revenue to the program. Nis. Ross noted that none of the funds included in this request will go directly to the housing assistant position. That position has been funded for the current year through the existing administration budget. Ms. Baker provided some handouts on the two programs providing demographic and financial information on the project. Nis. Polack asked a question regarding the median family income. Ms. Baker indicated that this amount was based on family size. Additional information was provided to the committee on program balances. Nis. Baker discussed the request for S 105,500 for the reconstruction program. She said this includes 55,500 of program income and 54000 from the applicant in bank loans. Nis. Espino stated that she assists with the application process. She indicated that households required varying degrees of assistance. Ms. Espino indicated ibat the percentage of funds required to be paid back has increased. These funds will be available to assist other families. Ms. Espino noted that another • recent change was the establishment of a targeted area. A map was included in the application. Ms. Espino noted that these were low/mod income areas with concentrated housing. She stated !hat the targeted area left out neighborhoods with more recently constructed homes and isolated areas outside of any traditional neighborhood. Nis. Espino stated that the intent was to assist people in highly concentrated neighborhoods areas. Nis, Espino reviewed some additional requirements regarding residency. She stated that the program tried to discourage families from buying substandard homes and ® then getting on the list for a rehab. Staff wants to encourage families to buy standard homes through the 0 >7 iiomebuycr Assistance Program. Nis. iinojosa asked if the home owners are responsible for finding their own contractors. Ms. Baker explained that they can or they can ask staff to assist. She reviewed C the bidding process with the committee, Ms. Hinojosa asked if there was a problem with the contractors fulfilling their part of the bargain and/or in fulfilling the construction requirements. Ms. Baker indicated that in some instances contractors take longer than the contractual 60 days to complete the project. She noted that problems with the work are seldom and are usually taken care of very quickly. Nis. Baker asked Ms. Hinojosa is there was a specific prob: .m she was aware of. Nis. Hinojosa stated that she just 57 • • Official Minutes C 02/15/97 CDAC Meeting Page 5 curious about the protection for the home owner. Nis. Ross stated that she realized some individuals did complain about past work at the public hearing. She noted that those projects were completed in the initial years of the program and only a small amount was spent on each structure. The oversight is much more stringent now and enough funds are available to solve problems for the long term rather than the short term. Ms. Espino continued that the home owners were advised of the changes and asked to return a card if they were still interestrd in participating. Ms. Espino noted that the bank loan process is the home owner's contribution co, the rehabilitation. She added that one thing the bank was helping with was ensuring that the home owners have good credit or that they can work to improve their credit rating. She stated that those with bad credit will be asked to get some counseling. It is not the purpose of the funding to assist households that may lose their housing because of credit and money problems. Ms. Espino stated that CD will no longer pay relocation costs. She added that staff felt the funds should go to the constn:ction work. Peggy Fox asked if this change just went into place. Nis. Baker said this has been in place for a year. Nis. Ross noted that some salaries do come out of housing rehab budget. She noted that she was incorrect earlier some of the new housing assistant's salary would come out of the budget. However, the actual salary amount coming out of the program would be reduced. Community Development Emergency Repair Program, Gordon blereditb Requesting: S 511,9011 Gordon Meredith, housing inspector and manager of the Emergency Repair program gave his presentation. Mr. Meredith stated that since inception, the program has filled a vital niche role in housing for the community. He noted that there are a lot of situations that arise that do not fall under the category of rehabilitation. A broken hot water heater, a roof leak. etc. these are examples of repairs that cannot wait for a total rehabilitation. Churches and other nonprofit groups can handle some things but often professional help is required. The Emergency Repair program has met that gap. Mr. Meredith stated that the program allows work to be completed quickly. He added that to date, 516,000 of the original $36,000 allocation has been spent. Another 58,500 worth of repairs is in the applicationrbidding process, About five households are waiting for assistance. The average cost of an emergency repair is 1 $1.800. Mr. Meredith stated that at this rate, they could do a few more but, the funding will run out. He noted that this program "spreads the wealth around- because of the $3,000 limit. Nine households have • been assisted so far. Five have been roofs, some were patched others were stripped and replaced. Two have been rotted out floors. One heater and one water heater have been replaced. Mr. Meredith explained that the households may have insurance but the insurance cannot cover the peril that caused the emergency. Ms. Ross noted that these funds are only available to those below 50% of the area median income. She added that this may even go lower. She staled that they were trying to target the j funds to those who could not do the repairs themselves. Nis. Donsbach asked what the time frames (turn • around) times were on these projects. Mr. Meredith answered it can be as quickly as one week. It often I~ O O J depends on how long it takes the home owner to get the appdcation completed. Mr. Meredith stated that households were limited to one emergency per year. Nis. Rogers asked why they must have three bids on such a small project. Mr. Meredith stated that the three bids are to keep everything above board and prove to HUD that the amount is fair. Nis. Rogers indicated that as a homeowner, she does not do that. Ann Hatch indicated that with State money if it is over $1,000 they have to do that, so it is fairly normal. Ms. Polack asked if the program used minority, contractors. Mr. Meredith stated that they do and that four of the five roofjobs was carried out by a minority contractors and one of the rotted noon. Nis. 5g • • Official Minutes 02li5/97 CDAC Mecting Page 6 Ross stated that Luisa spearheads an effort for all CD programs to advertise in the metroplex in an attempt to get more active women and minority contractors. Nis. Rogers asked if Gordon gave people a list of contractors. Mr. Meredith stated that he was in the process of developing a list. Members discussed the idea of pre-bidding, his. Ross indicated that staff could do that but, that it takes the choice away from the home owner. She also noted that though ten days seems like a long time, that is not time waiting to get bids. The ten days is largely time spent waiting on application completion. Commuaity Development Homebu)er Assistance Program, Luisa Rodriguez-Garcia Requesting: $250,000 Ms. Ross introduced Luisa Rodriguez-Garcia to discuss the City's Homebuyer Assistance Program. his. Rodri guez- Garcia stated that the program was developed to help tow/moderate income persons own their own homes. She noted that renters are often able to pay very high monthly rental payments but cannot save enough for a down payment on a mortgage loan. She said applicants have to work or live in Denton and the home must be in the City limits, Ms. Rodriguez-Garcia passed out some information describing the program guidelines. She added that families at 80% of the area median income or below are eligible for the program. Nis. Rodriguez-Garcia stated that there was also a limit on the assets - $5,000. If they have more than $3,500 but less than $5,000, any amounts over 53,500 must be put in on the house. Staff feels strongly that we should be assisting those that do not have other sources for the funds. Ms. Rodriguez-Garcia reviewed the use of the fwtds. She stated they are used for down payment, ( closing costs and gap financing. Gap financing is only available to families at 50°10 of the median and below. Nis. Rodriguez-Garcia stated that the lenders do a lot of advertising for the program. She explained the role of the participating in the process. Ms. Rodriguez-Garcia stated that this has allowed the program to serve more families. In 1995, 23 families were served, 56 families were assisted in 1996 because of the new policies. She stated that they were making strides in marketing to both low income and African-Americans. Program numbers are a little low for African-American. She told the committee about the housing fair scheduled for this spring. Ms. Donsbach asked if mobile homes qualified. Nis. Rodriguez-Garcia stated no. She also added that staff was working with the Denton Affordable Housing Corporation to build more housing in an affordable range. Nis. Polack stated that owning a home is a major financial responsibility. She asked if there were families who could not even put up the down payment, how would they afford to maintain the home. Ms. Rodriguez-Garcia stated that the mortgage company looks at many factors and that the families shouldn't get more of a loan than • they can afford. Ms. Ross added that often the rent that they have been paying is higher than their house payment will be. She added that the payments should remain somewhat stable, but that staff believes the family's income will increase over ih- years. Nis. flinojosa asked what happens when the small number of modest homes is depleted. She asked if the maximum home price will just continue to go up. Nis. Rodriguez-Garcia to icwed various opportunities staffis researching in an attempt to increase the supply of lower-cost housing. Ms. Ross reviewed the current spectrum of housing assistance available from A tenant assist to rehab to home buyer assistance. She noted that the City does not do it all, we rely on • other organizations to do some of the job. Nis. Fox noted the new homes built in Willow Creek. She was surprised the homes sold because of the state of the other homes in the area. Ms. Rodriguez-Garcia discussed the amount of funding requested for the program. She noted the amount is up some because all residual program funds from prior years have been spent and the number s served are up substantially. • • M Official Minutes l 02/15/97 CDAC Meeting Page 7 Human Service Committee, Wesley Stewart, Chairperson . Requesting: 5183,657 Wesley Stewart, Chair of the Human Services Committee was introduced. Mr. Stewart was welcomed by lames McDade. He asked committee members to introduce themselves. Mr. Stewart said that he believed everyone was familiar with the HSC. He noted that HSC was going through some changes this year. They have several new members and they must now go through a bidding process for services that cost over 515,000. Nit. Stewart noted that last year, HSC received $186,000 in CDBG funds. This year the maximum is $183,000. The recipients of 1996 CDBG have requested 23% more this year. He noted that there are approximately 30 requests this year and about one third of those were not funded last year. Mr. Stewart noted that HSC acts much like CDAC in that they receive requests from various services agencies. They review those requests and make funding recommendations. He also stated that human services was a high priority among council members. Mr. Stewart noted that he would be happy to answer any questions. Ms. Ross reminded CDAC members that the amount they recommended for human services last year was 3175,000. HSC then voted to increase the general fund budget for human services by 520,000. Staff asked City Council to shift $11,000 of the additional allocation from general fund human services to CDBG. Therefore, the total amount going to CDBG was S 186,000, Mr. Stewart thanked the committee members. Committee members continued to discuss human services. They asked for information on what has been funded in the past and what has been requested this year. Staff provided them with the information. Ms. Ross noted that Ms. Rodriguez-Garcia also has information on budget balances for every project they are currently involved in. Nis. Fox reminded the group that one time they received the agency list they, began to discuss who should or should not receive funds. She noted that they did not want to do that again. Ms, Donsbach commented that is true, there is another committee to do that research. Committee Discussion Committee members began their deliberations. Mr. McDade suggested that go through each of die applications and determine which proposals do not merit funding. Ms. Donsbach asked to comment on the Denton Community Development Corporation application. She said that last year, there was an emphasis on the involvement of minorities and women. That appearcl to be taken out of the application • this year. She continued that it is very possible that there are not minorities on the board. Ms. Donsbach also commented on a clause in the by laws of the organization that allow for compensation for some activities ofthe board. She stated that she was not aware of any nonprofit organization in Denton that does this. Nis. Donsbach also brought up the fact that the organization has received allocations of funding and has not yet received this money. She asked where the money vvas. Ms. Ross commented that the funds were still in the City's letter of credit at the Treasury. Nis. Donsbach continued that she is 0 aware of the Black Chamber and the Hispanic Chamber but she does not see their involvement in the p 0 project. Ms. Polack asked if there was a recommendation. Nis. Donsbach stated she world not recommend funding for this entity. Peggy Fox suggested that remove the DCDC from consideration. Committee members agreed, Mr. McDade stated that he would like to recommend that the committee approve the drainage work at Bradshaw and Lakey. He noted that they need to start on Bradshaw and work their way back. Ms. 0 - ~s 0 • • Official Minutes 02/15/97 CDAC Meeting Page g Hinojosa asked what Mr. Clark had recommended. Mr. McDade stated that Mr. Clark recommended first Bradshaw, then Lakey and finally Skinner. The committee agreer, to eliminate Bolivar Street sidewalks and the Skinner Drainage project to providr funding for the other two Drainage projects. Ann Hatch made a recommendation to eliminate Bolivar Street Sidewalks Phase II and the Skinner Street Culvert Project. Committee members agreed. Members asked staff to determine what they have if they fund all other projects. his, Rogers mentioned that she had some concern about the Big Brothers and Big Sisters project. Nis. Hinojosa asked what the transportation issue was. She stated that she felt they were wanting more of a permanent location. Ms. Polack asked if they can fund a building that hasn't been selected yet. Nis. Ross said that they could set funding aside for the project his, Fox asked if it was reasonable to require that they have done their fund raising and have some monies in reserve to do the project. Ms. Ross said the committee could state that as a requirement for funding. Ms. Donsbach suggested that the committee say they would match dollar for dollar whatever they could raise. Ms. Rogers and Nis. Hinojosa commented that the facility would be primarily for administrative purposes. Nis. Ross stated that she also commented that agencies that have received funding for renovation have been those where services were provided on site such as the day cares and TWU CARES. She indicated that Derrick said Big Brothers & Sisters do provide some services on site. Ms. Ross added that Mr. Stewart said they would like to have some client meclings on site that they currently do not have space for. Nis. Donsbach said Mr. Stewart talked about going into a neighborhood that needs help and renovate a home. She noted that they didn't assure us that this would take place, Nis. Rogers stated there are so many groups and they are not working together. She asked if some of these groups couldn't get together on their facilities. The cer mittee and staff discussed the possibility of agencies sharing facilities. Ms. Hatch stated that some others who Five approached the committee hive had more funding in place. She noted that the funds may sit and not do anything productive for quite a while. Ms. Rogers stated that she feels that should not fund the project but send Mr. Stewart a letter offering that he could return next year if additional funds have been found for the project. j Nis. Rogers stated that she would like to see the rental assistance funds for Fairhaven stay in the budget and add the one budget. Nis Ross stated that she has asked Derrick Collins, human services coordinator to work with Fairhaven to draw up a minority marketing plan. Ms. Hinojosa agreed that this should be a priority. Members discussed the proposal from Adult Day Care. Ms. Fox asked why the owners of the building did not carry out some repairs. Nis. Ross noted that Adult Day Care did no; pay market rent on tt.e facility. She though they, paid $1.00 or some small amount as long as they used the facili y. Nis. • Hinojosa stated that she was concerned that the building was not in a stable condition and that funds O • should not be spent if the building were to soon be abandoned. Nis. Ross suggested that if the committee wanted to fund the project, a structural analysis could be a condition of funding. Ms. Rogers asked if the C funds for the structural analysis could come from CDBG. Members agreed to add an additional 5500 to complete a structural analysis. If the analysis is negative, funding would not be provided. Nis. Fox commented that this type of service was definitely needed. It allows elderly to stay in homes with their families longer rather than putting them in a nursing home. Families that work can use it as respite care. r - ' - --.Lkrfrlrlrh~i`Id • i • Official Minutes I (02/15/97 CUAC Meeting \ Page 9 Luisa Rodriguez-Garcia told co,runittee members that they were now about $24,000 over their budget. Ms. Polack asked abou! the Denton Affordable Housing Corporation's program and how it was different from the City's program. Ms. Ross explained that the City's program was an owner-occupied program. DAHC works with HUD to get vacant foreclosed properties, rehabs them and sells them to eligible home buyers. Ms. Polack asks why the governmeni doesn't put this altogether. Ms. Ross says they have been encouraging the proliferation of nonprofis. She added that HUD seems to believe that neighborhood nonprofits are closer to the citizens end therefore serve them better. Ms. Rogers asked staff for guidance regarding where the additional funding should be cut. Staff suggested that $8,000 be taken from three programs. The committee agreed to take $8,000 rom each of three programs; the' `omebuyer Assistance Program, the Homeowner Rehabilitation Program and Denton Affordable dousing Corporation'3 Affordable Homeownership Opportunity Program. Committee members listened to Ms. Rodriguez-Garcia review the funding recommendations. Committee members voted to recommend funding tl•e following activities in these amounts • Human Services - S183,657 • SPAN Curbs and Handicapped Ramps - $13,811 • Emergency Repair - 550,000 • Homebuyer's Assistance Program - S241,832 • Homeowner Rehabilitation Program - 5198,876 (CDBC) S 192,442 (HOME) • Optional Reconstruction - S97,332 (HOME) • Bradshaw Street Drainage • $160,000 • Lakey Street Drainage • S126,651 • Aduit Day Care • $10,500 • Denton Affordable Housing Corporation - 5105,282 (HI MAE) • Fairhaven Rental Subsidies -514,544 (ROME) • TWU CARES Renovation - 530,000 All amowas not cited as HOME funds are CDBG. Ms. Ross also asked the members a question regarding Bolivar Street Sidewalks. She stated that they may have enough funding to go ahead and do • the west side of Bolivar Street, It may not be necessary to do an amendment to the Action Plan. She asked how the committee would feel about that. Members stated that this would be a good use of residual funds. Ms, Ross reminded committee members that these are recommendations to City Council and that council does have the prerogative to make changes to the Community Development budget. She stated • that when James goes before Council in early May, he would appreciate the support of the committee. O She noted that they would receive information on the NCDA Week Proclamation also. . J / The meeting adjourned. 4011 • ° Apanda Item Data CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM; Rick Svehla, Deputy City Manager DATE: Miy 13, 1997 SUBJECT: Discussion conceming the 1997-1998 Human Services Committee recommendations. RECOMMENDATION: The Human Services Committee (FISC) recommends adoption of the 1997 Human Services Committee recommendations. SUMMARY: A summary of IISC's recommenda:'-ns is attached. BACKGROUND: Human Services applications were made available December 23, 1996. Community Dc%elopment staff provided an application workshop January 14, 1997. Applications were due February 7, 1996. HSC held funding hearings February 27, March 4, March 6, March 11 and developed the recommendations March 13. PEOGRANIS, DEPARTNIFNTS OR GROUPS AFFECTED. Beneficiaries of human service programs Local Human Services Agencies ° Community Development Staff FISCAL IMPACT: IiSC recommended CDBG monies in the amount of $183, 657. IISC recommended general fund monies in the amount of $165,443. Please advise if I can provide additional information. i i i 0 • RESPECT Y SUBMITTED: i Rick Svehla Deputy City Manager Prepared by: j Derrick Collins Human Services Coordinator Attachments: 1997 HSC Recommendations HSC minutes for February 25, 1997 HSC minutes for February 27, 1997 HSC minutes for March 4, 1997 HSC minutes for March 6, 1997 HSC minutes for March H, 1997 HSC minutes for March 13, 1997 x, • • 1997 Human Services Committee Funding Recommendations 1997 Recommendations Agency Requested COBG General Fund Adult Day Care of North Texas 20,000 12,000 AIDS Services of North Texas 15,000 15,000 Ann's Haven VNA 9,942 Boys & Girls Clubs of Denton County 11,100 7,600 Camp Summit 8,000 8,000 Community Food Center 3,500 3,500 Denton City-Co. Day School 23,000 23,000 Denton Co. Cooperative-Ministries 14,500 7,000 Denton Co. Children's Advocacy Center 20,000 10,000 Denton Co. Friends of the Family 45,000 30,000 Denton Family Resource Center 20,000 5,000 DISD TTRIPS 20,000 15,000 Family Health Care, Inc. 45,000 Fred Moore Day Nursery School 37,000 37,000 HOPE, Inc. (30-90 Program) 5,000 5,000 HOPE, lnc. (Trans. Housing) 25,000 25,000 Interfaith Ministries of Denton, Inc 15,000 10,000 Juvenile Diversionary Services of Denton, Inc 21,000 11,000 ' Kids Unlimited 5,175 North Texas Education & Training CO-OP 14,300 N.T. Challenge Program, UNT 15,000 Parks (Alternative Avenues Program) 5,256 Parks (Kings Kids Day Kamp) 27,990 25,000 i Parks (Owsley Summer Playground Program) 20,204 16,800 Riding Unlimited 3,000 3,0 00 RSVP - 8,200 8,200 SPAN 26,000 26,000 SPAN (Fairhaven Homemaker Services) 20,000 11,000 Special Olympics, Denton Dynamos 15,000 4,257 1 10,743 L Starting Over 35,000 0 • TWIJ CARES Health Center. 28,000 20,000 Total $581,167 $183,657 $165,443 Total Recommended $349,100 Special Instructions Revised: 03114197 Y • • 1997 Human Services Committee Recommendations 1997 1997 Recommendations Agency 1993 1994 1995 - 1996 Requested .~7Zp"L93~ General Fund Adult Day Care of North Texas 12,000 20,000 11y000 AIDS Services of North Texas - 5000 7,500 x,504 10,0130 15,000 X5,.000 L_. _ Ann's Haver l 9,942 Boys 6 Girls Clubs of Denton County 11,100 xsfto i Camp Fire First Texas Council 3,300 Camp Summit 3,000 8,000 8,000 Cctrim unity Food Center 3,200 3,500 3,500 3,500 3,500 3,500 Oentcn Christian Preschool 2,000 Centon City-Co. Day School 15,000 21,000 21,000 21,000- 23,000 23,000 Denton Cc. Cooperative-Ministries 14,500- 7,000- _ Denton Cc Children's Advocacy Center 20,000 10,000 Denton Cc Fnends of the Family 33,000 33,000 36,000 40,000 45,000 HMO Denton Family Resource Center 20,000 5 MO DISD TTRiPS 20,600 6,000 10,000 10,000 20,000 15,000 Family Health Cate, Inc - 35000 35000` ' 31040 3500 45,000 r...._..:3 Fred Moore Day Nursery School 28,000 35,000 35,000 35,000 37,000 37,000 HOPE, Inc (30-90 Program) 5,000 5,030 5,000 5,000 5.000 5,000 HOPE Inc (Trans Hws ng) 10,000 180 ; 25 W~f 25,43 _ 25,000 2 .1 Interfaith Ministries of Denton, Inc, 7,500 8250 15,000 10,000 Juvemlu Olversionary Services of Denton Inc 21,000 11x000 i Kids Unlimited 5,175 Library 1000., MHMR 15.000 14,753, North Texas Education S Training 21 14,300 North Texas Education 3 Training 3,568 N T. Challenge Program, 1 15,000 Forks (Xtermill Avenues Program) 5,0010 ! 5,754 5,256 Parks lASASI 8,000 Parks (Kings Kids Coy Kamp) 10000 14 750 15,750 20000 27,990 l`5,000 ' Parks (Owsley Summer Playground Program) 1 115,000; 11750 11,75¢ 1 1683) r, 20,204 800 Parks (Rivera I MLKASAS) 15, 0 14000 Riding Unlimited 3,0003~~t00 RSVP 7,500 7,500 7,800 7,800 8,200 8,200 SPAN 26,000 26,000 26,000 l 26,000 26,000 26,000 SPAN (Fairhaven Homemaker Services) 40 15,000111 20,000 j7~1~'1 0 Special Olympics, Denton Dynamics e~ 15,000 .::.s7 10,743, / Starting Over 35,000 TWU CARES Health Center 20004;: Y~Of1Q, , 0f10 28,000 Untied Way (Owsley Services) 17,000 1 b - ~ United Way (Owsley Services) 1997 TOTAL REQUESTED 581,167 cpsc; (shatiedJ A > ~ 1bo.000 ,16x,400 ~ 18B~04Tw ~Pg,, - GENERAL FUND 148,300 156,000 155,100 163,868 $165,443 TOTAL FUNDED $248,300 $306,000 ' $321,100 $349,868 $349,100 ' Special Instructions Revised 04/79x97 I... - -'~as~csoanas'sagrr rl • • OFFICIAL MINUTES HUMAN SERVICES COMMITTEE MEETING FEBRUARY 25, 1997 Members Present: Catherine Bell, Carol Brantley, Sandra Cross, Wallace Duvall, Fran Miller, Charles Saunders, Wesley Stewart and Ramiro Valdez Aiembers Absent: Mary Morimoto, Roy Davenport and Carol Riddlesperger Staff Present: Derrick Collins, Barbara Ross and Alma Espino Meeting was called to order at 6:1 Op.m. The results of 1994 Key Informant questionnaire was provided to the committee. The survey was completed by the Human Services Committee in !994. The procedure for agencies will be to present for 10 minutes and 10 minutes for questions. Agencies will speak directly about the request instead of the whole organization. There will be a timekeeper. Dr. Duvall asked that since all the information was in the application could there be more time for questions. hir. Stewart stated that time could be shortened and could be discussed at a later time. If any committee member has a conflict with an agency they can abstain from Noting. The meetings are recorded. If a committee member has any questions, ask the agency. Due to new requirements anything recommended over $15,000 to the City Council must be bid out, A recommendation can be made by the committee to the City Attorney's Office to consider amending the law to take human services out the bidding procedure. The last meting will be the night that the committee will decide on what recommendations for funding to giNC to City Council. Another consideration to be discussed later is for Joyce Burke, Community Food Center director not needing to make a presentation since the only thing the center ever requests is utility reimbursement. The center is an all volunteer agency. Mr. Stewart opened up the discussion for any questions or comments. Isis. Bell expressed a concern regarding Boys and Girls Club. Ms. Bell while working with JTPA summer • youth program saw, the Boys and Girls leaving workers of the program unsupervised. Nis, Cross stated that she would like to see the committee going out and checking on funded agencies like the day care and Starting Over, She added that she was concerned about the parks department applying for human services funds. Mr. Stewart agreed and added that it was unfair for a city department to ask • for these funds. The parks department should go through the budget process. Something should be prepared for City Council suggesting that the parks department go through the city's budget process. A • • question arose if the parks department had been directed to apply for human services funds instead of general fund dollars. Mr. Saunders agreed that the parks department should not be allowed to apply for the human services funds. There are a lot of agencies requesting funds and parks does not belong in this process. Other good programs should not have to compete against a city program. Nis. Ross stated that - • • Official Minutes IISC Meeting 2125;97 Page 2 CDBG funds are available for any services offered to low; moderate income persons. Parks department is eligible to apply for human services funds. Ms. Miller stated that she agreed with both portions and does not want to see the children of these programs penalized. Mr. Stewart stated that he had no problem with the request but that there are limited funds. It is difficult to decide what agencies to cut. Without parks department it would be a more level playing field. Ms. Ross stated that park's program are a human sen ice and are for the low and moderate income persons. Mr. Stewart mentioned to the committee that some if an agency, like T1VU C.A.R.E.S. does not spend all their money when the agency comes back for funding the following year they request less. Mr. Collins stated that it looked like North Texas Education & Training would not be able to spend all of the money this year, but the money the agency is asking for is for a new program. Mr. Saunders also stated a concern regarding separation of church and state with regard to Denton County Cooperative Ministries and Interfaith Ministries. Mr. Collins stated that this had been an issue last year but it was decided that if the agency does not limit assistance to only members of the religion then the agency could receive funding. Nis. Ross stated that some information could be provided for the committee regarding religion. Nis. Miller stated that Denton Cooperative was not funded last year and that she has seen their work and it is done well. Why were they not funded? Mr. Collins stated that it was due to the religious question. Nis. Brantley asked why there were two requests for SPAN. Mr. Collins explained that SPAN was requesting funds for meal service and the other request was for homemaker services at Fairhaven Retirement Home. There were several questions regarding funding. Mr. Collins stated the restrictions of human services funding. CDBG stipulates 51% of program recipients must be low/mod. General fund has no restrictions. He added that some agencies needed CDBG funds to meet a match. General Funds have been changed to also serve the low/mod. Agencies receiving general funds must submit reports like CDBG funded agencies do. 11he human service committee receives an exact amount of CDBG funding and that the • amount of general fund needs to be recommended. Last year the committee had $350,000 and this year total requests is $650,000 and this committee cannot fund them all. Mr. Saunder- asked how the agency received their funds. Mr. Collins replied that it was on a reimbursement process Nds. Miller asked why the Advocacy Center was not funded. Mr. Stewart replied that he was concemed that the program was not strictly to help persons. The program was started by the district attorney and is a ® tool of the county government, Ms. Miller asked why HOPE, Inc. request had stayed the same. Mr. 0 Collins replied that HOPE does good fundraising and uses the DCAN database to track expenditures. Mr. Stewart stated that another concern last year had been the minority make up of the board. Nis. Miller stated that board makeup was not a concern for her but she was concerned about the racial makeup of the clients. Dr. Duvall asked if this was a requirement. Mr. Stewart stated that the committee has to make (D - • • Official Minutes HSC Meeting 2125197 Page 3 sure that all constituencies are covered. Mr. Collins added that funded agencies are receiving tae funds and they have a moral obligation to serve all the community. Nis. Belt asked how the agencies were doing in reaching all the community. Mr. Collins stated that the agencies having the hardest time meeting racial diversity are agencies serving the elderly. A discussion began regarding the question of the amount of time for the agency to present and the time for questions. Mr. Stewart stated that he agreed for more time for questions. Mr. Collins stated that new organizations need the time to present their organization. Several members stated that they like the 10 minutes for presentation and 10 for questions. Nis. Bell made a motion to give the agency 10 minutes for presentation and IC for questions. Als. Cross seconded the motion. The committee approved the motion. Mr. Stewart asked if the Parks and Recreation Department's recommendation should be discussed now. Should it be recommended to go through the regular budget process? Mr. Collins stated that recommendations should be left to the last meeting. Ms. Bell stated that she %Nas for the parks department because their programs helps a lot of children. During the summer, the parks department offers a program, where the children can stay from 10a.m. to 6p.m. Tlie children are taken care of. It helps to keep children off the streets. The parks programs offer education and trips for the children and should be considered. Mr. Stewart stated that there were several ways the committee could make their decisions for funding. One is the priority list. The committee can also use the applications criteria. Ms. ;`tiller asked if a for- profit can apply for funding. Mr. Stewart replied that the agency has to be a non-profit. Ms. Ross stated that the committees policies and procedures had criteria set forth for determining if an agency should be considered for funding. The policies and procedures asks ifthere is a need and if there is a duplication of services. Mr. Saunders asked if it was too late to put in an application. Mr. Collins replied that it wvas. Mr. Stewart slated that the audit for AIDS Services that included problems should have been included in last year's application. Mr. Collins stated that the audit was probably not available %%hen the committee • met last year. Mr Ste%vart did not agree. Mr. Saunders made a recommendation regarding the parks department. If parks is funded the committee could ask that an independent board be set up to govern the funds allocated. Mr. Stewart stated the committee could do whatever they wanted. If the committee wants for the parks to go through the regular • budget process a recommendation can be made to City Council. If City Council responds and states that • they would like parks to go through the human services process it will. • • Mr. Stewart asked if there were anything else the committee wanted to discuss. Hearing none the meeting was adjourned at 6:55p,m. J s 0 - • • • OFFICIAL MINUTES HURIAN SERVICES CONINUTTEE MEETING FEBRUARY 27, 1997 Members Present: Catherine Bell, Carol Brantley, Sandra Cross, Roy Davenport, Wallace Duvall, Fran Miller, Charles Saunders, Wesley Stewart and Ramiro Valdez Members Absent: Mary Morimoto and Carol Riddlesperger Staff Present: Derrick Collins, Barbara Ross and Alma Espino Meeting was called to order at 6.05p.m. Mr. Stewart began by giving some announcements. Pam Rainey, Acting Director of RSVP will be presenting for R.S.V.P. DARE is not eligible because they, do not meet the lov,, moderate income criteria. Juvenile Diversionary Services is located at Flow Hospital. There will be extra presenters at Ann's llavenNNA and Boys R Girls Club. Mr. Stewart stated that in the last meeting it was mentioned to consider Community Food Room not presenting but to still be considered for funding. Dr. Duvall made a motion for Community Food Room not to make a presentation but to still be considered for funding. Mr. Davenport seconded the motion. The committee passed the motion. Friends of the Family, Cheryl Sutteifleld and Dorothy 7amico Requesting: $45,OOO The agency's five year plan was handed out to committee. The board is closely monitoring the agency and the need for services. A main concern is the environment, there are more agencies competing for local dollars. There is a need to stabilize funding and make changes to the organization and that is "by the 5 year plan was done. Ms, Damico stated that the five year plan began with her attending a workshop for non profits. At the workshop she noted that agencies who offer an umbrella of services are being closely looked at. Lobbying is beginning to be very important. Last year Friends of the Family bad a deficit in the budget. Luckily a reserve fund was available. There is an increase of money from south Denton County. Property has been purchased that will house Friends of the Family. At this time the property is being rented and they will move in when lease runs out. Two fundraisers are being planned a tour of homes and a gala. Friends of the Family has taken their first steps to create a network of service • providers. They are currently working with United Way. Services were not cut due to deficit because of reserve. The shelter will not close. City of Denton funding leverages lots of grant funds. The bigger € grants available are going to more popular programs. The $5,000 increase is due to an increase of expenses. The $5,000 would help close the gap of funding. We are constantly asking what can the agency do different with less resources. Some ideas are to cut individual counseling and several different • things offered. J • • Questions: ~ Dr. Duvall asked why rent revenue had stopped. Ms. Sutterfield replied that the rent being received is from the current company leasing the building that Friends of the Family just purchased. Once the lease is up, Friends of the Family will move in and rental payments will stop. Mr. Stewart stated that from `a . e Official Minutes HSC Mecting 2!27197 Page 2 being ajudge and an attomey what he has seen is that most abusers come from low to very low income. Abuse starts in the family with financial pressures. With the process individuals who are arrested for the crime need to pay various tines. Mr. Stewart suggested that Friends of the Family could persuade the Denton County District Attomey's office to develop a diversion program for first time domestic violence offenders. The money paid by the offenders for court fees could be diverted to pay for senices rendered to the victims. '-his in tum would lessen the amount the City would need to allocate to Friends of the Family. Mr. Saunders agreed with the suggestion. Cheryl Satterfield and Dorothy Damico agreed to investigate the possibility and get back to the committee. This could allow for $500 spent per victim instead of criminal paying fines to the county. Ms. Sutterfield stated that batters are required to pay for services from Friends of the Family. Mr. Collins asked regarding the needs assessment. Ms. Damico stated that 1 had been completed and that there were plans to do another. The Ilispanic community completed an assessment to find out why Hispanics are not using the services. The assessment found that there were cultural barriers, financial barriers, questions regarding what happens to the batterers and public awareness. Materials for Friends of the Family have been translated and they found a place to do some positing. Friends of the Family are also working to expand seniccs into the African-American Community. Mr. Collins commended them on doing a minority needs assessments. Ms. Sell asked what groups had been contacted in the black community because she was not aware of this. Ms. Damico replied that the assessment was completed with people from churches and staff persons wfto know persons in the neighborhoods. Interfaith Ministries of Denton, Inc., Condell Garden . . Requesting: $15,000 Every month the City, of Denton send out 4,800 termination of utility notices. For the young and healthy this is a minor inconvenience but for the elderly and medically fragile this is a problem. In 1996, 373 individuals received assistance with utilities. $18.000 was spent to assist these individuals. $7,500 was from City of Denton funding and the rest came from operating funds. Utility assistance is one of the largest services offered by Interfaith. There are other providers in the area. Denton County Cooperative Assistance Network provides utility assistance through the PLUS I program funded through citizens. An appointment has to be made, which takes longer to get assistance and most have no recourse but to come to Interfaith. The request has increased to help the emergency utility program expand. Interfaith is a member of the tracking system and coordinates with other agencies by phone. Coordination is important to not duplicate services. Why fund Interfaith? 1) 100% of grant funds are spent on utility assistance and not for administration. 2) The money stays in Denton. 3) Administration received an excellent review from Community Development. Questions: e Mr. Stewart asked why the request had increased by 100°'0. Nis. Garden stated that the amount was hued e e on projections. Denton County is one of the fasted growing counties. Nis. Sell asked regarding the eye glass program, Ms. Garden replied that Interfaith has many small projects. Dr. Duvall asked if the funds from City of Denton were provided 100% to city of Denton persons. Nis. Garden stated that 100% of funds are provided to citizens of the city of Denton. Mr. Saunders asked about the breakdown of clients. Ms. Garden stated that the average income of clients is $629 and a family of three. She added that they 771 • • Official Minutes HSC Mceting 2/27,97 Page 3 are currently sworking to obtain Spanish speaking volunteers. Mr. Stewart asked how persons were referred to the program. Ms. Garden replied that persons are referred by other agencies and the City of Denton. Mr. Stewart asked how a clients need was verified. Ms. Garden stated that the first thing done is to verify if the need is really an emergency. If the utility problem is a chronic problem then the client is referred to a class on how to manage money. Nis. Garden added that many clients are elderly and on a fixed low income. Almost anything can put them in an emergency situation financially. Ms. Bell asked Nis. Garden if she was the only paid staff. Nis. Garden replied that she has volunteers to help her, AIDS Services of North Texas, Abigail Tilton Requesting: $15,000 The name was changed in December in anticipation of exransion of services to more counties. Primary office will still be located in Denton. The second office will be located in Plano. Funding will not be used for overhead and personnel. Funding is used for client services. Nis. Tilton stated that due to the ftrniliarity of the agency she was moving on to questions. Questions: Mr. Stewart stated he had concerns regarding Dallas review. Nis, Tilton stated that Dallas County does a j three day audit. Every year finding have been reduced. Services have never been questioned but recommendations of how to improve have been given. In 1995 segregation of duties was a problem as it can be with any small business. Thcre were questions regarding who seas reconciling and who was approving. The problem was that there was only one person doing the accounting. The agency attempted to do these jobs differently with volunteers. The problems is that all had a different way of doing things which made it hard for other volunteers. An office manager was hired and AIDS Services.Nas able to comply with segregation of duties. Another thing noted was a mistake on a report %%here my approval was )t given. It came back in 1996 in contractual compliance. With any recommendations, the agency has a right to refuse. Another recommendation was a paper trail of payments. Now checks have a carbon copy which leaves a paper trail. Mr. Stewart asked what the 50% increase was for. Nis. Tiltoa stated that Dallas County has requested that bulk of funds received from them be used to expand the program to 1 outlying counties instead of Denton. There has been a shifting of funding priorities. Nis. Bell asked how many black persons sshere on the board. Ms. Tilton replied that one member of the board is black. She • added that they are constantly looking for minorities to hire. Ms. Bell asked where they were located. Nis. Tilton replied that the agency is located at 1213 N. Locust and is on the SPAN route. Mr. Saunders asked .what determines eligibility. He added that he knew an individual who received disability for having AIDS. lie cannot work because he will loose his disability. He is picking up food from the Nutrition Center and does not need it. lie is giving it away to his friends. Ms. Tilton replied that recently a program had been instituted. The individual has to be HIV symptomatic and their finances are looked at • to receive assistance. The individual is asked to complete a budget to see where their money is going and • where changes need to be made. This program is not intended to be all their nutrition but it provides some . / help. The agency tries to .weed out abusers and if anyone knows someone who is abusing the nutrition center please advise the agency. Ciients take only what they need from the nutrition center. Clients go through case management and sign an agreement. Mr. Davenport asked if it was used to help city of Denton citizens and if they were tracked. Nis. Tilton replied that funding from City of Denton is used for 0 • • Official Minutes HSC Mceting 2/27197 Pace 4 its citizens. Other primary funding sources 11so want to know all vcho is being sened. AIDS Services of North Texas tracks numbers and documents residency. Mr. Stewart asked regarding the increase of request for funds. Nis. Tilton replied that the agency is seeing more and more families not just individuals. Families with children who have AIDS. There are 80 new clients and 100 or more are with families. Ms. Miller asked if the increase is being spent in Denton. Ms. Tilton replied that Ryan funds will go to other counties and these funds wili be used for Denton. Nis. Ross asked if this was the philosophy of asking agencies to expand. Ms. Tilton stated that funds have been cut. Before Ryan funds were received from Tarrant and from Dallas County. Now all the funds are disbursed by Dallas County. This year and last some established programs took big hits in funding. Agencies are having layoffs and providing less services. AIDS Services of North Texas was not hit as hard. Dr. Duvall asked regarding the increase in salaries. Ms. Tilton replied that addition staff persons are being hired due to the expansion. i Adult Day Care of North Texas, Rosemarie Hoffman Requesting: $12,000 Adult Day Care of North Texas has been fortunate with growth of services offered. Unfortunately seeking of grants has not been as successful. The agency received $50.000 from the Meadow and next year will be cut to $10.000. The plan to maintain the level of funding will be to do more fund raising and request funds from the city and county. The request has increased. At this time the Adult day care has 19 participants. three males and the rest are females. The agency has had low participation from minorities. The agency is currently redoing flyers and is in the process of establishing a Spanish brochure. Right now the Adult day care is still 1009b Caucasian. The agency provides services for handicapped individuals over the age of 18. Nursing services, therapeutic and other sen ices are being provided. This has increased the amount of staff. 'I he ages of the participants a'r 34-95. Clients are impaired. stroke xictints. Ist. or 2nd. stage of Alzheimer and head injuries. The adult day care sees a lot of miracles. Questions: Dr. Duvall asked how many clients the adult day care was serving, Ms. Hoffman replied that the day care currently has 19 individuals. The adult day care is licensed for 30 and the agency has a contract with Medicare and expects the number to increase. Medicaid pays for 6 hours of adult day care for 20.25 individuals and pays $12. This amount does not 3110%the adult day care to break even. TTtere has been • an increase in charges to patients to help fill the gap. There has been a slight increase in Medicare. Mr. i Wallace asked how much it was. Nis. Hoffman replied that it was an increase of $1.00. She added that Texas is the second lowest for adult day care reimbursement. Mr, Davenport asked what the average length of stay was. Ms. Hoffman replied that at this time she has 3 clients that are at the day care all day. The adult day care has an open door policy to make it easier on family. Mr. Davenport asked if there was a turnover. Ms. Hoffman replied that there was due to some clients needing 24 hour care when their ® condition progresses. Mr. Stewart asked why there was no minority clients. Ms. Hoffman replied that she 0 O has spoken with consultants and they stated that minorities have different views of adult day care. They want to take care of their oven or are put into a nursing home, She added that she plans to do more publicity. Nis. Bell asked vyhcre the adult day care had attempted to recruit. Ms. Hoffman replied that they had gone to the minority expo. Mr. Stewart asked regarding the decrease of funding. Ms. Hoffman replied that Meadows works with agencies and hopes that they become financially independent. She ~ c f e Official Minutes HSC Meeting 2/27197 "age 5 added that they are working hard to match the funds. Mr. Stewart asked regarding the 75". increase in request. Nis, Hoffman stated that it is for a full time person. They estimate that clients from Medicaid will increase which in turn will increase costs. Mr. Stewart asked if she was basing her request on Medicaid or the community. Ms. Hoffman replied that she is basing on getting referrals from both. She added that she had spoken with Medicaid and expects to fill all openings. Mr. Stewart stated a concern of how N's Hoffman could do the budget with an expected increase of 10"; to 100%. Nis. Hoffman stated that some expenses like rent will remain the same. Mr. Collins asked if individuals had been referred by Medicaid. Nis. Hoffman replied that the adult day care will get its first person in March. At this time the day care does not have 30 people. Mr. Colltns stated that reimbursement was unit based. Mr. Stewart stated that he had a difficulty understanding that the day care had not been able to have any minority participation. The issue of culture in the Hispanic Community is not a problem in the black community. Nis. I loffman stated that Vicy are currently working to advise people. Mr. Stewart asked that with increase in request the adult day care expect to find minorities needing help. Ms. Bell added that the agency needs to come o :t to the community and she had only heard of the Adult Day care through the committee. NIs. Hoffman stated that they have tried newspaper. She hopes to free up some time from fundraising to get out the word, Ann's HavenNNA, Jan Viles, Linda Gillespie & Fred Patterson Requesting: $9,942_ Ann's Haven has a long history of serving. Ann's HacervVNA provides skilled therapy hospice set\ice. Volunteers are the finest and go beyond She call of duty. There is a time of rapid change in health care and less money is available. Insurance is trying to pay less. Ann's IlaverLfVNA is always looking for ways to be cost efficient. Ann's Haven is a non-profit and with all the new hospices for profit Ann's Ila%en felt a need to join VNA to expand services. Ann's HavenA'NA is very Denton oriented and has all the same persons as volunteers. The agency provides home and hospice care Most persons who cannot afford care usually end up at a County Hospital. Ann's I Iaven/VNA helps by providing these services. A program is being implemented for transition from home care to hospice care where the patient keeps the same nurses. It is very hard for a family and the individual to go hospice care. In hospice care that patient is no longer receiving treatment but help with the pain. Ann's HavenfVNA provides care for people with no payment sources. f Questions: M•. Ste wan asked what the aver, ge stay was for home care and hospice care. Nis. Gillespie replied that it is a combination. Someone may spend l day on hospice while another may spend 3 months. Nir. Stewart asked +vhy Ann's Haven joined VNA. Ms. Gillespie replied that more managed care was being seen with a wide variety of services. Ann's Haven did not have these in 1995 and began looking to affiliate to ® provide more services and maintain viability. There was also a problem with getting contracts. Now. f f Medicare allows managed care and HNIO's also to obtain managed care contracts, Ann's HaveNVNA had 35 contracts this year. VNA is a la•ge organization that offer services through branches. Ann's 1 iavcn'VNA has a local advisory board. In dte last 10 years there has been AIDS where Ann's Haven has been a leader in providing care. Ann's Haven used to receive Ryan White fiords. Ryan White funds are now going to medication and less to types of programs like Ann's Haven. Ann's Haven is one the . • Official Minutes HSC Meeting 2127%97 Page 6 first hospices in the country. VNA was eery eager to join with Ann's haven. Ann's Haven %vas bornof community spirit. One person affected a community to start Ann's Haven. NIs. Cross asked if the Ann's Haven/VNA assisted persons within the city of Denton. Nis. Viles replied that Ann's Haven board was committed to having the following when joined with VNA. 1) Affiliated as a non-profit. 2) Keep Ann's Have : name. 3) Funds raised in the community would be used in community. Due to work within the community no one has been turned down. Some patients are in between no insurance and not qualifying for Medicare. NIT. Collins asked if Ann's 1laven/VNA could provide a local revenue and expenditure region. Nis. Gillespie replied that she would check. Nis. Viles stated that Ann's HavctLNNA is 11% of the total budget. Boys & Girls Club, Marc Behnke, Calvin Ford, Daniel Smith Requesting: $11,100 Marc Behnke is the executive director of Denton County Boys & Girls Club. Daniel Smith is the President of the Arlington Club. Calvin Ford runs the Denton Boys & Girls Club. A program, opened in April 1996, is currently running at Fred Moore. There are 30 children from the area after school. In the summer, the program has 60 children. The program they are applying for is an extension that focuses primarily on younger children from ages 9-12. The program is Teen Supreme Program. The program has 4 major components. 1) Keystone Club which is a national club. The program is a leadership club for teens 14-18 years of age. The club put teens into the community to see what they can do with a positive environment. It builds leadership and is nationwide. Denton might say it has no gang problem but it is here and more are coming. The program offers intervention and prevention. Boys & Girls Club has a strong track record of 137 years. Money is being geared to Boys and Girls Clubs, It is specifically named in the Crime Bill. Questions: Ms. Miller asked if the request is for starting money for the club. NIT. Behnke replied that it was starting money that was required to receive other funding like Taco Bell Foundation. his. Miller asked if the club could receive less funds to leverage other funds. Mr. Behnke replied that the funding request for conference could be raised by the kids. Ms. Miller asked how much money was needed to start the program to leverage the dollars. Mr. Behnke replied that 5 to 6 thousand would be the bare minimum. Ile w added that the program also needed history, have to have a number of teens, space, and involvement in Keystone to receive funds from Taco bell. NIT. Davenport asked if there was altemative funding source. Mr. Behnke stated that at this time they did not have an altemative source. Mr, Stewart asked what the scholarships were for. Mr. Behnke replied that the scholarships were for kids, for college and trade schools. NIT. Stewart asked if $7,600 was a fair figure to fund. NIT. Behnke replied that it was. NIT. Saunders asked if juveniles in the juvenile systems were being targeted. Mr. Behnke replied that the program is an intervention and prevention program. NIT. Collins mentioned to the committee that Juvenile • Diversionary services had included in their funding request a portion for Boys and Girls Club. Which one would the Boys and Girls Club prefer to fund, NIT. Behnke replied that the Juvenile Diversionary program was much broader. l3- • • Official Minutes HSC Meeting 2/27/97 Page 7 Oiscussion Over Agencies That Presented Friends of the Family Mr. Stewart stated that Friends of the Family had an increase to $45,000. Mr. Davenport stated that he had a concernwith increase. Mr. Saunders stated That Friends of the Family should lobby to get money from first time offenders if involved with violence. This would provide a lot more funds. Mr. Stewart stated that the request had to come from the agency. This would make abusers more responsible. It would help cover the $500 cost of the shelter per person. A lot more is spent in court. Interfaith Ministries Mr. Stewart stated that he liked direct allocations for needs and be supports this program. Dr. Duvall Mated that Interfaith was trying to do too much. AIDS Services of North Texas Mr. Saunders stated that Ann's Haven does good work but has access to lots of funds with VNA. They will still have resources while other others have no place to go. Mr. Stewart stated that it was previously funded with start up costs. Nis. Miller stated that Al Make A Difference Day a huge food drive was held where food was given to AIDS Services of North Tcxas. Where did all the food go? Mr. Collins stated that persons with AIDS have a high caloric diets. Dr. Duvall asked if over $15,000 it would go out to bid. Mr. Collins replied that anything over $15.000 had to go out forbid. Nis. Miller stated that she did not have a clear understanding that the City of Denton money was staying in Denton while all other funds were going to other places. Mr. Collins stated that AIDS Services of North Texas did not have any choice. It is a requirement of Dallas County. Adult Day Care Mr. Stewart stated that he had a problem with the lack of minorities. Ann's Ilaven/VNA Nis. Miller stated that she was glad that Fred had come to discuss the merger. Mr. Stewart stated that • initially it looks good. i Boys & Girls Club I Mr. Stewart stated that he would like them to receive some funding. Mr. Davenport stated that we should wait to discuss until look at Juvenile Diversionary services. Mr. Collins stated that Juvenile Diversionary Services is asking for personnel and their program allows flexibility to work with kids of all ages and • begin Teen Club, Mr. Stewart asked how long Juvenile Diversionary Services was in service. Mr. • • Collins replied that it was about a year. J The meeting was adjourned at 8:54p,m. iy. • • OFFICIAL MINUTES HUMAN SERVICES COMMITTEE MEETING MARCH -I, 1997 Members Present: Catherine Bell, Carol Brantley, Sandra Cross, Wallace Duvall. Fran Miller, Charles Saunders. Wesley Stewart, Carol Riddlesperger and Ramiro Valdez Members Absent: MaryMorimoto and Roy Davenport Staff Present: Derrick Collins, Barbara R ss and Alma Espino Meeting was called to order at 6:I Op.m. Denton County Children's Advocacy Center, Emily Field, Rosemary Rodriguez Requesting: $20,000 Nts. Field is the executive director and Nis. Rodriguez is a board member of Denton County Children's Advocacy Center. The center is a new organization to the County. Planned in 1994 it is barely becoming operational. It was formed due to a need for a collaborative effort to help victims to ensure justice and healing for children of abuse and violence. Before the way it was handled was that Child Protective Services and law enforcement did separate investigations subjecting the child to tell the story about 15 times. It traumatized the child. A task force was created to see how it «as handled elsewhere. At this time, there are about 300 in the United States and about 20+ within communities in Texas. Denton County needed an advocacy center. Based on 1995 CPS statistics and estimates from the Denton Police Department Criminal Investigation Division the Denton Police Department will receive over 140 child abuse referrals (out of approximately 666 referrals total) needed to be worked through the Advocacy Center in 1997. The center helps in proyidin¢;ustice and healing. Through the investigation and prosecution process, the center is available to the victims for support and sen ices and to the profession it (m technical assistance. The center also provides healing through free therapy and crisis intervention. The center is child friendly and is located in a central location in Lewisville. The center also will provide ongoing training to the Police Department, education and referrals to the community and training to nurses who do exams. The center has received funding from xarious participating Oties. No funds were received from Carrollton due to some things that need to ironed out. Questions: • Dr. Duvall asked why expenses of $43,000 was less than the income stated in the budget. Ms. Field stated that it is policy that the center have two months of operating expenses because most of the funding i received is done on a reimbursement basis. Mr. Stewart asked if training for the police department was coming out of the general budget. Ms. Field replied that it was and that it was to help investigators know how to best help the case. Mr. Stewart asked if the center had seen any children. Ms. Field replied that the center is in the process of setting up to do weekly case reviews. There has been very little one to one • contact. The center will be fully operational in March. Mr. Stewart asked if the District Attorney's Office • is supporting the center. Ile also mentioned that the DA's Office has a discretionary check fund that usually grows to a good sizeable amount. Nis. Fields stated that they do not offer any support at this time but that two positions had been created due to the center. Mr. Stewart asked for the amount of false accusations. bts. Field stated that the center had no documentation of false accusations. Mr. Collins asked what case resolution was. Nis. Field replied that when case goes to court and ruling has been made 0 - . • t • • • ORicial Minutes I ISC Meeting 3104!97 Page ? and the police and CPS are no longer imoltied. Mr. Stewart asked vwhy there was no case disposition. 91s. Field replied that they are barely mowing into the center. The services that will be provided NO!; be case coordination between law enforcement and DA's Office to strengthen the case. At this time there is no video taping, so no children are being sent. There is no direct client work at this time. Mr. Collins asked what are estimated Denton referrals that are non CPS? Nis. Field stated that CPS only steps in when there is a protection issue for the child. CPS does not investigate stranger abuse. Mr. Stewart asked how the center would b,- able to help with unifomt sentencing. Ms. Field replied that there is a full time prosector that will recommend sentencing. Mr. Stewart added that this position cculd have been assigned by the prosecutor. Ms. Field stated that the person who has the job had quit a pos tion. Before no one had the time, cases were received by the prosecutor 1 month before court date which was usually I year after the incident. The giant was received because this position exists. Mr. Stewart restated that this position could have been assigned by the prosecutor. TWU CARES, Dr. Rosemary Goodyear Requesting: $28,000 The request is for supporting personnel of a part-time medical assistance, a continuation of a part time registered nurse and a part time dental assistant. TWU C.A.R.E.S. is primary care for persons with no insurance or no health care. As of January 1996. the addition of primary care services has increased the amount of care offered to persons at the clinic, T WU C.A.R E.S. is currently in the process of securing funds to renovate several Phoenix Apartments and move in. The clinic will have live rooms and I waiting room. There will be more space for students to see more patients. Due to this, more support staff will be needed. i'hcy will process patients at the beginning. The dental assistant will offer consistency for patients and dentists and will handle office. assist students and doctor. Questions: Mr. Stewart stated that past a concern had been TWU C.A.R.E.S. spending of funds. Last year's request was for $10,000 and was only for six month cycle, Ms. Brantley asked if the cost of $74 included laboratory work and if all patients were on a sliding scale. Dr, Goodyear replied that the $74 was an average due to some patients needing it and some do not. All patients are charged on a sliding scale except for patients in the Denton Housing Authority that are charged nothing due to an agreement. Dr. 1 O Duvall asked what Texas Woman's University offered to the clinic. Dr. Goodyear replied that TWU ; provides the director's salary. The clinic has a five year grant through TWU . All funding for services are secured through gr mts not'I A LT. Next to the I lealth Department, TWU C.A.R.E.S. is the only other non- profit sawing persons who cannot get into the health department, the working poor. Mr. Stewart asked if any dental patients were referred to Baylor for dental situations. Dr. Goodyear replied that emergencies are referred. Mr. Stewart asked what was funded last year. Dr. Goodyear replied that funding was ' • provided for a registered nurse and a part time nurse practitioner. • J Camp Summit, Carol Kohankie Requesting: $8,000 Camp Summit serves physically challenged, developmentally delayed and dual sensory impaired children, youth and adults. The program helps them gain self esteem and teaches them that they can make 0 • • Official Minutes I ISC Meeting 3/04/97 Page 3 decisions. The camp offers horseback riding, challenge course, aquatics, wilderness, nature hikes, camp out, performing arts, arts and crafts, sports, recreation, fishing and group dynamics. For many persons camp is the only time they can get out. Each year the number of participants has increased. There is a waiting list. Of campers, 60% are over the age of 18. in 1996, 65 participants were provided with financial assistance, Six were from the city of Denton. The request asks for an increase from $3,000 to $8,000. Over the years the camp has been absorbing costs. The cost per week per camper is $800. T-he fee for one week at camp has increased to $400. Many campers require complete care. At this time there is 2 - I participant staff ratio. It has also been made known to campers that if they can afford to pay to please pay. Questions: Ms. Brantley asked if the camp took medically fragile children. Nis. Kohankie stated that the camp does take medically fragile children and are the only camp that does. Dr. Duvall asked why the Soroptimists had given up running the camp. Nis. Kohankie replied that United d`r'ay was reluctant to fund the camp when Soroptimists ran the camp. The camp was not in compliance. The Soroptimists decided to give up the camp. United Way created a task force to create a diverse board. At that time 58110 of funding was received from United `T'r'ay. Today it is down to 370-0. Riding Unlimited, Cori Burrous & Sharon Sampson . . Requesting: $3,000 Riding Unlimited is a thctapewic program for physically, mentally and emouionally disabled individuals in North Texas. The horse can mimic a walk. The rider uses their upper body which helps posture and balance. It gives everyone benefit to increase independence at home and other places. The request will allow for f fteen scholarships to low income, disabled individuals. This will provide 55`0 of scholarships to citizens of Denton. Cost per services is $724 and the agency only charges $200. This is the only therapeutic horse program. Riding Unlimited has increased capacity to 5700. Riding Unlimited is open all year and holds 3-8 week sessions per year. Private and semi-private sessions are available. The team participates in a Special Olympics horse show. No machine can mimic walking like the horse, which makes internal muscles work harder, Horses are donated. A lot of hardware is required for the rider. Ms. Burros stated that one rider, uses a varieties of taps. When she is riding you cannot tell she's handicapped. The board follows policies and procedures. Individuals are evaluated before, during and after. Riding Unlimited has a half time executive director and 275 volunteers that donated 7,000 hours. Riding Unlimited is accredited by North American Riding for the Handicapped Association. Questions: Mr. Collins asked how long day sessions were. Nis. Sampson stated that sessions were about one hour but • sometimes private lessons are tailored to a persons needs. Mr. Stewart asked if there had been an increase 0 • in personnel. Ms. Sampson replied that she had been hired as part time executive director to coordinate between staff and volunteers. Ms. Sampson stated that Riding Unlimited is open all year. Nis. Brantley asked regarding the age span of participants. Ms. Burrous stated that the ages range from 4 to 70. Air. Stewart asked how participants are identified. Ms. Sampson replied that extensive reports and Regional Medical doctors contact. Nis. Burrous added that 55% of scholarship recipients were city of Denton r7. r M... • • Official Minutes I ISC Mecting 3/01/97 Page 4 riders. Nir. Saunders asked if Riding Unlimited does a break down of minorities. Nis. Sampson replied that they do track and have a wide range of diversity and would be happy to provide a copy. NT Challenge, Irma Junes, Tom Overton, Monica Requesting: $15,000 The NT Challenge is a substance abuse education and prevention program that is directed by students at UNT. The program was started in the early 90's by a grant that addressed substance abuse education and prevention strategies. The program has no operating budget for anything but personnel salaries. The director of the program is Toni Overton. Awareness campaigns are done by BACCHUS (Boos Alcohol Consciousness Conceming the Health of University Students) and GAMMA (Greeks Advocating the Mature maintenance of Alcohol). The request is for a program called Triple "A" Choices Program. Any special projects create a financial burden on ;Borth "Texas students. The program would be a network of student athletes, BACCHUS and GANINIA. The request is not for a new program but. the program is new to Denton. The program was begun in UT Austin devised by Neighborhood Longhorns. An employee at LINT that is familiar with the program asked if they could design a program for athletes. The athletes would be trained to go out into the neighborhood and tutor and be mentors to children. Athletes have more pressure and are students at risk for substance abuse This program would enhance the student's education. The program's total cost is $30.000 and will receive half of the funding from a grant program for Alcohol Education sponsored by the National Collegiate Athletic Association and will be the nuts and bolts of the program. 'I lie request for the City of Denton will fund ; L part time coordinator. This will be phase 1 4 3 phases. A report regarding children stated that children are vulnerable, Anything that can give children models can enrich their lives plus students get benefit. BACCHUS encourages students to make healthy decisions and is trying to go out into the community. BACCHUS provides information to the community and campus and offers altematiye ways to have fun. Questions: Mr. Stewart stated that due to NCAA rules athletes are no allowed to work with High School students. Is there a program for high School students? Mr. Overton replied that there is no program at this time. Nis. Jones stated that the request is only for Phase 1. Phase II will. look at community sites and involve students going to the high schools. Mr. Stewart asked what the plans were for funding Phase 11. his. • Jones replied that President Clinton has set aside money for these types of program. If Phase I is a success the program will request funds from the Presidents Council. Nis. Miller asked if all students involved would be athletes. Nis. Jones replied that the program would not just involve athletes but regular students also. Nis. Miller stated that she works at UNT and will need to abstain from voting. She added that she had been working with Cathy Davis with a similar program. Ms. Jones stated that she was asked to start the program by the athletic coach but she would be happy to work with Cathy Davis. Mr. Stewart 0 asked if this would bean overlap of N1LK Parks programs. Nis. Jones stated that some programs would 0 ra J overlap. She added that the program was a different approach. It is a choice approach to make choices of life. Athletes will be trained to address the problem with children. Mr. Stewart asked how many students would be involved. Ms. Jones replied about 100-150. NCAA funds will be offering funds for saving bonds. which will be a reward for the children for good behavior. This will help put college in the :Hind of children. Students will be required to bring in report cards. If the student shows improvement they FYI - , • • Official Minutes IISC Meeting 3,04/97 Page 5 will receive a savings bond that they can't touch. The bond must be used for education. The UNT president stated that if any of the children decided to attend UNT, the bond kill be matched. Starting Over, Rich Gibbons Requesting-$35,000 The program is basically the same program as last year. The changes that have occurred is that a grant was received from the Conrad N. Hilton Foundation to purcl.a_ce the halfway house. Starting Over also received $250,000 grant from Texas Commission on Alcohol and Drug Abuse (TCACA) for 18 months for outpatient services. The half-way house will be available only to 15 women and 5 children. The women will be housed at the halfway house and receive treatment for 3 months. The theory is that the halfway house will help to eliminate barriers for the woman to receive treatment. In outpatient, the woman works full time and has to care for h)me and children plus receive 10 hours of treatment a week. Starting Over had a set back because the house that was planned to be purchased was sold. Starting Over has found another house but it needs to be brcught up to standards of a half-way house. The house will have to be re-zoned. The house is located on 380 and used to be a miniature horse farm. It is listed with 4 bedrooms. The program of residential treatment will be run in house. The house has easy access from I- 35. The TCADA grant request included a request for aftercare that was not funded. The after care is important to offer support after the treatment. Questions- Mr. Stewart asked how man women will be helped within a fiscal year. Mr. Gibbons replied that the projection, once the house is renovated. will be for 15 women and 5 children. The stay %Nili be for 3 months. which will be about 80 women in a year. Mr. Stewart asked if the request was for funding of all programs or a particular program and how much staff will be lining at the home. %It. Gibbons replied that there would be l permanent live in staff person, 1 house mother, 2 counselors. Ms. Miller stated that she had done the math and could not understand how so many people would fit into the house. Mr, Gibbons replied that the house is 3800 square feet and is actually 5 bedrooms. Some of the women will not have children and 1 room will be designated for children. Mr. Gibbons changed the amount of bedrooms to 6 bedrooms. Ms. Miller stated a concern of how any program could cover so many in 3 months. Mr. Gibbons stated that is what the deal is in treatment. Referrals are made to TWU C.A.R.E.S. Ms. Miller . stated that she had a problem with the following statement in the application, "Our program is designed not only to deal with the substance abuse issues, but also the medical, social, vocational, criminal justice, abuse, case management and advocacy issues that are specifically troublesome for medically indigent women." • Mr. Gibbons stated that he works with different agencies to be able to essist the individual. Ms- Miller - restated her concern of this being a lot of work over such a short period of time. Mr. Gibbons stated that • this is the reason the halfway house is so important. Ms. Miller asked reg+rding an outline of recovery step program. Mr. Gibbon replied that it is based on 12 steps. Patients get involved in AA programs. • - c , 49r: I 0 f Official Minutes IISC Meeting 3104197 Page 6 DISD TTRIPS, Barbara Haflich Requesting: $20,000 The purpose of the program is to provide services to pregnant students in the Denton Independent School District to keep them in school. TTRIPS offer case management and transportation to child care and doctor's appointments. This year is the first year that TTRIPS has run out of money for day care. TTRIPS offers help with day care to 45 children. Last year assistance was provided for 40 children. Day care is rising in cost and there are more kid, using day care. Parents of the students are going back to work and unable to care for the child. There has also been a change in welfare lass which prompted students to go back to school. T+scnty•two students are anticipated to graduate. Twenty-four will tie recovered dropouts. Twenty-eight students are currently pregnant. Questions: Dr. Duvall stated that he was impressed with program. Can the program receive its funds through the school. Nis. Halich stated that funds came from a state grant that the school matched. The school pays for salaries and matches day care. The school does support the program, for example when I TRIPS ran over budget, the school found funds from another program to help. Mr. Stewart asked about the t ° a increase in request. Ms. Hallich replied that at the end of December all funds for day :are -,-.111 be expended. The $20.000 will help fund day care. Mr. Stewart asked if pregnancies ''lad been under estimated. Ms. Hatlich stated that they usually look at the number of students and try to keep track of who needs day care. I his year it was clearly underestimated. She added that day care rates have gone up and there is limited care fur infants. Mr. Stewart asked if the increase was due to people moving into Denton. Nis. I Iallich replied that it is the number of dropouts coming back to schcol, Air. Stewart asked if the older students could not get their GFD. Ms. Hatlich replied that both programs are offered. Mr. Stewart stated that this could be a long range problem when the word gets out that you can have a kid and then go back to school. Ms, Hatlich stated that TTRIPS only ~rves stnderts fih age 21. They are a very small group, Air. Stewart stated a concern regarding a message of limited time on welfare and someone using time at -chool to get welfare. Isis. Haflich stated that case management taken a look at that situation. TTRIPS is working with the workforce commission where mother can c.mtinue education, Colleges commissions will provide day care. Another proje.i, TI RIPS has, is identifying the fathers. Mothers see the need and 301,10 are pursuing child support, Nis. Brpat!c.y asked if there were any repeats. f Ms. Ilaflich stated that there was one repeat last year. This yea: they hav e six. TTRIPS is limited by state guidelines on the information given to the stud,.nt. Other organizations like planted parenthood can offer them the information needed. Mr. Stewart asked v,hy TTRIPS is not fiinded through the DISD. Ms. llafiich stated that if needed the school would help fund TTRIPS. Pregnancy is a community problem. After School Actior, sites are free to Denton which cc:'; be an exchange or a collaborative effort. Mr. Stewart stated that he thinks it is more appropriate ft.r the school to fund TTRIPS, Ms. Hatlich reminded f Air. Stewart that funding was for day car: ser.ices no. for the students. The school does match funds for + f 0 day care. Mr Stewart continued that the city at:1 the school tax the same people why, do different J funding. The studem cannot be separa'ed :rom child. There should be one taxing entity, the school. Nis. Hallich replied that funding is available only to school age children. Nis. Cross asked if pregnant mothers I attended regular school. Pia. Haf ich replied that 37 students attend school at Fred Moore Leaming Center. Other students attend at regular school. Mr. Saunders asked hove drop outs were identified. Ms. • 0 Official Minutes HSC Meeting 3!04197 Page 7 Hatlich replied that truant officers work closely with TTRIPS. TTRIPS also receives calls from Doctors and agencies. Mr. Saunders stated that until recently the school was not doing anything. This is a major stride. Nis. Brantley asked if there were pregnant students not in the "!TRIPS. Nis. Hat]ich replied that `ITRIPS is a voluntary program and sometimes the student is already receiving support from home. Nis. Bell stated that she really appreciated the program and had done a good job with a young girl through the program. Nis. Brantley asked if there had been any adoptions. Nis. Hatlich stated that there has been 3 adoptions. It is not an accepted option with this population. Mr. Collins asked how much funds needed to be matched. Nis. Fiallich replied that it was $11,000 from CCMS. Discussion Over Agencies That Presented Dr. Duvall asked regarding funding. Mr. Collins replied that every agency is on a cycle. North Texas Education & Training may ha.: problems spending their funds. The committee makes recommendations to City Council and then they discuss and decide if they want to approve the recommendations. Advocacy Center Mr. Stewart stated that the center is a tool for prosecution. He cannot agree with the presumption of the man w ho is charged being guilty. The child is not interviewed 15 times and it does not take 2 years to get to trial. Sexual abuse cases take about a year. If the request was for after care there would be no problem. This center is a tool to help the prosecutor. The center was started with funds from the District Attorneys. This will have more control of Child Protective Servic sand the Police Department. CPS cares more for the children. There are problems, for example, children can be manipulated to believe that the abuse has occurred. Ms. Ross stated that information could be obtained regarding other centers. Mr. Stcw art stated that there was also a problem with funding from the city of Carrollton. Mr. Saunders stated that he had a concern with the connection to the District Attomeys and agrees that the primary duty of CPS is the child's care. Sometimes ~%ith CPS there are 2 to 3 people working on a case. Mr. Stewart stated that two years ago there was a concern with aiding a government entity. Historically the County does not work with the city. This will help shore up a political office for the District Attorney. A TWU C.A.R.E.S. Dr. Duvall asked if the clinic did prenatal care. Mr. Stewart stated that it is not set up for parental care. Ms. Ross stated that the clinic is receiving 310,000 of funds to renovate health care facility and 330,000 to renovate the dental clinic. Mr. Valdez stated that he would have liked to receive more infotrnation regarding their work with long term illnesses. Is the clinic taking a conservative approach? Mr. Collins stated that he would get that information for the committee. e L Camp Summit / ~ Ms. Bell stated that she was not impressed with this agency last year, North Texas Challenge Air. Ste~.art stated that he had a problems with NCAA rules keeping the program out of the high schools al. x 0 r., s • 061cial Minutes HSC Meeting 3/04197 Page 8 where it is really needed. Ile added that helping student athletes is not a priority because they are pampered students. Nis, Miller stated that she will abstain from voting but that she had a concern about Nis. Jones not knowing about the other almost the same program. Mr. Stewart stated that the award policy bothered him. Dr. Duvall asked if this overlapped on the program from DARE. Nis. Ross stated that NT C .illenge had an economic target, DARE does not. Starting Over Ms. Miller stated that she had lots of reservations regarding the program. Nis. Brantley stated that it was not a good presentation. Mr. Stewart agreed but stated that it had sounded great on paper. Mr. Valdez stated that the program was very amorphous. Ile added that there were areas scratched out. Who is doing the counseling? Mr. Gibbons does not have the time but will be getting a lot of money to do what... Nis. Cross stated that Mr. Gibbons was very good at getting money from everyone, Mr. Valdez stated that Mr. Gibbons had claimed to have 75%- 80% cure. His program is weak this year. Mr. Stewart stated his wife and niece were salaried individuals. Mr. Stewart noted that the budget stated $300,000 in personnel. What personnel is needed? DISD YrRIPS Mr. Stewart stated that the program was great but still has a question on where they should be funded. If this agency is not funded it will be funded by DISD, Then another agency can be funded by the committee. Meeting adjourned at 9:25p.m. • r • 17 aa. F~ IND 1, • • OFFICIAL MINUTES HUMAN SERVICES COININTITTEE MEETING MARCH 6, 1997 Members Present: Catherine Bell. Carol Brantley, Sandra Cross, Roy Davenport, Wallace Duvall, Fran Miller. Carol Riddlesperger, Charles Saunders, Wesley Stewart and Ramiro Valdez Members Absent: Mary Morimoto Staff Present: Derrick Collins. Barbara Ross and Alma Espino Meeting was called to order at 6:10p.m. HOPE, Inc., Barbara Atkins. . Request: $30,000 The request is for two programs: $25.000 for the Transitional Housing program and $5,000 for the 30-60 day housing program. The mission of HOPE, Inc. Is to help the homeless and potentially homesless with children, who can help themselves and desire to do so, toward establishing and maintaining self-reliance, and toward becoming reintegrated as productive member of the community. The Transitional Housing program was started in Denton by a pilot study that was completed. An application was submitted to HUD and funding was received. The HUD grant requires a 50910 match. The program is a long term program. The client must be homeless and is encouraged to do community services. The client is also required to pay 30% of income to rent and utilities. : he goal of the program is for the client to be in permanent housing and no longer in need by the end of ~irogram. Case management takes a Icok at why this person is homeless or becoming homeless. Cii. required to sign a long term agreement, By signing. the client agrees to work or go to schr for drugs or other depending on what is needed. Weekly meetings are held with : t q,4- to discuss budgeting, life skills and other things. Clients must manage e~: ery dollar. HOFr,, _ not i s n a shelter so client must find their own housing. Clients are encouraged to have a account. HOI'E is working on a new prevention mode. HOPE. Inc. sees about 60-70 families a month and offer to do a long interview with anyone who calls. In this process we hope to do a budget and look at the reason for the situation they arc in. In addition to the prevention, there has been an increase in ties with other agencies. This allows HOPE, Inc. To assist more families. • Questions: ; Mr. Stewart asked if families are tracked Nis. Atkins replied that they try to track the families but it is difficult because families have a tendency to move. Mr. Stewart asked if families assisted stay in the area. Nis. Atkins stated that families do not stay in the area. Some move due to domestic violence or move for a job or a scholarship. his, Brantley asked if only families are served. Ms. Atkins stated that for some • programs only families with children qualify but that they have a program where anyone can qualify for 1 • • month of assistance, fir. Saunders asked how people find out about HOPE, Inc. Nis. Atkins stated that agencies, churches make referrals. Nis. Cross asked if funds were used only for city of Denton residents. Ms. Atkins stated that for the long-term program clients are require to live, work or go to school in Denton. With the FEMA Program HOPE, Inc, does serve part of the county. Mr. Stewart stated that HOPE Inc. spent less in last years client rent of $72,000. Is there a reason? Ms. Atkins stated that there a3. • • _ t Official Minutes 316,97IISC NIccCng Page 2 has been a decrease in FEk9A funds. Funds are used 100% for rent. HOPE Inc. did not receive the emergency shelter grant. Clients can apply with Friends of the Family. Mr. Valdez asked why the request was for 2 different programs. Ms. Atkins stated that the Transitional Program receives funding from HUD and requires a 50% match. The 30-90 day program does not require match. Denton Co. Cooperative Ministries, Lance Johnson, & Susan Edwards Request: 014,500 Barbara Atkins available for questions as one of the users of the system. Denton County Cooperative Ministries provides information to agencies and churches to make informed assistance decisions. The system also has updates regarding what is going on and services that are being offered. A monthly meeting is held with agencies to try to keep agencies informed of services. The request includes funding for a part time position to help with tha day to day work. The directors time goes to the system and maintenance of the system. The system is used for three basic reasons: 1) To check to see if client has received funding elsewhere and what they have received. 2) If it is found that they have been to many agencies the person is referred to another case manager to work with th-m on the real problems. 3) Helps with the frustration that clients feel when they are sent to the same place that they have already been. Questions: Mr. Stewart asked where DCAN was located, Mr. Johnson stated that it was located in the Denton Baptist Association on 1-35. Mr. Saunders asked if program is separate from the Baptist Association. Mr, Johnson stated that they are a program of the Denton Baptist Association. Ms. Riddlesperger asked if the work on the computers had been competed. Mr. Johnson stated that things with computers are never I' competed. Presently, working on having the program for tracking on line. Mr. Valdez asked who the staff person requesting for would work with. Mr. Johnson replied that the new person would work with DCAN and will be doing data entry and the Christmas Assistance program. Ms. Miller asked what funding would be used to keep the position going. Ms. Edwards stated hat the Denton Baptist Association is looking for ways to enhance DCAN. Options and funding have not been looked at due to lack of time. When time frees up other funding will be looked for. Dr. Duvall asked regarding proposed revenue being less this year. Mr. Johnson stated that United Way does not fund DCAN it funds Denton County Cooperative Ministries. The funds go toward client assistance. Mr. Valdez asked if the system was accessible via modum and is personal information open to all. Mr. Johnson stated that information is available via modum and over the phone but informaiion is carefully guarded. Users ust have a password. Mr. Stewart asked who has access to the system. Mr. Johnson replied that user signs a confidentially agreement and is assigned a pabsword. The system is open to azy church or agency offering services. i Churches who provide services only to members of their church do not have access. b1r. Stewart stated that he had read in the paper of a group who received seed money to do the same thing DCAN was doing, Mr. Johnson stated that was the Family Resource Center and they will be coordinating services. Mr. • StcNsart asked if the DCAN had restrictions. Mr. Johnson replied that restricitiorm are based on need. Mr. - Stewart asked what if the agency does not agree with criteria, do they receive access. Mr. Johnson replied O O { that some are restricted in part. It is based on the amount of infonnaiton the agency needs to provide assistance. Criteria about who should have access was put together with agencies. Mr. Stewart asked who is not allowed access. Mr. Johnson replied that agencies who provide sen ice only to its own does not have access. Mr. Stewart asked if the Parks Department could obtain access to the system. Mr. 41. • • Official Minutes 3'697 IISC Mecting Vase 3 Johnson replied that more information about what Parks needs would need to be looked at. Mr. Stewart asked if Parks wanted access to look for kids to attend program. Would they have access. Mr. Johnson replied that they would be able to access the database. General i fnromation, statisctics can be seen. Specific information about clients is not available. For example: A family carne in with 7 children and needed all types of services. The ecmputer lets me know that the family has been assistend for rent and utlitics. The only help needed was food For the family. The system gave knowledge about what had been done and what the family needed. Air. Saunders asked if the Community Food Center had access. Mr. Johnson stated that the center had chosen not to participate. Mr. Saunders asked if clients are informed of this system and the information it has. Mr, Johnson stated that agencies obtain releases with clients during the application process. Mr. Valdez asked if a church pastor had access and has 10 employees. it would be very hard to protect the information. Air. Johnson stated that agencies sign a confidentially agreement. If a person who has access walks away from computer the system goes off line. Family Health Care, Inc., Patrice Capan, Sara Care & George Stewart . Request: $45,000 On October 28 North Texas Community Clinics sold its Medicaid clientele to Columbia. Columbia gill maintain the integrity for clients and clients will not know the difference. Family health Care. Inc. will see women who do not qualify for Medicaid. Family Health Care, Inc. pays Columbia to see these women. The Ilealth Department does see some of the non-medicaid women but does not see under 16 or over 35 years of age or complications. At 36 weeks the mother to be is helped obtain Aledcaid which will pay only for the deliver). Family Health Care, Inc. is working with Columbia to provide care. Questions: Ms. Riddlesperger asked who were the women +cho were not eligible for medicaid. Ms. Capan stated that it was illegal alliens. Mr. Stewart stated that prenatal was budgeted at $177.000 only, last year it was budgeted at $337,000. Is the budget amount only for the non profit. Mr. George Stewart stated that $177,000 was for prenta!. Mr. Ste-,\art stated that he did not remember receiving a breakdown of profit and non profit. Ms. Carey stated that it covered all. The responsibility of the Family Health Care, Inc. is to provide care for non-Medicaid persons Mr. Stewart stated that the agency has asked and recieved lot of money from the city and suddenly the agency sells the portion that makes a profit. Ms. Carey stated that Medicaid is not all profit. Mr. Stewart added that tax payers have built good will by funding agency and the agency turns around and sells the profita}. e portion and tax payers do not get anything for that. • Ms. Carey stated that once Medicaid had become managed care, all medicaid revenues went to nothing. The first month received $15,000 when the clinic had been receiveing $60,000 a month. Medicaid is a very slow paying organization. Revenue ~sas not available to run the organization without selling to Columbia. North Texas Community Clinics was even unable to make payroll. The reason it was purchased by Columbia was because they saw a remarkable way to offer cost effective care to the low ® income. "[hey saw a model of nurse managed care that could be preserved, learned and replicated. Mr. Valdez stated that he had a problem with the purchase as a way to make money by letting the City pay for O • J the indigents. Nis. Capan stated that hospitals receives $9.00 per delivery, no matter which way the baby was delivered. Managed care nursing could not make any money. Ms. Carey added that North Texas Community Clinics wanted to continue with care but could not do that without partnering with a for profit to preserve services, Mr. Valdez stated that Columbia could have chosen to include these clients. I 0 • Official Minutes 31697 IISC Meeting Page 4 Columbia is discrminating by not taking indigents under Columbia. Mr. Davenport stated so what you are saying is that Columbia should cat the cost. Mr. Valdez stated that Columbia in other areas takes all patients and in some states is required to take all in. Mr. Stewart stated that last year as stated in the budget showed more in revenue. Why teas this not profit? Mr. George Stewart explained that it was accrual accounting. The total budget included the family clinic. Mr. Stewart stated that the proposed budget showed a profit and it looks like Columbia made a great deal by buying the profit portion of the clinic. Mr. George Stewart explained that the budget was just numbers and that things can change. RSVP. Pam Rainey . . Request: 08,200 RSVP is a volunteer senior program started by Carol Riddlesper at UNT. It is a multi funded agency with paid staff who recruits seniors and matches volunteers in needed areas. Volunteers work at the City of Denton and agencies. The program combines persons of age 55 or older with volunteer services which benefit the community. Volunteers contributed 126,995 hours of community services, figured at minimum wage (4.75(hour). RSVP volunteers contributed more than S603,226 to Denton County in 1996. Volunteers are retired persons from many areas. What volunteers offer is eery special. They do projects at retirement homes. Volunteers make caps, blankets, pillows for the under priviledged. Volunteers are mentors. Several years ago immunizations were not where they should be so Seniors for immunizations was started. They help to make sure that children get their immunizations. There is also a Seniors leaders Program that offers education for volunteers to sere on boards in commissions of the community. There were 14 graduates in April and they are. eery happy to serve. Questions: Mr. Davenport stated that the attachments shows senice statistics of minorities served. Is there a breakdown of minority volunteers. Ms. Rainey stated that RSVP actively encourages minority volunteers. Last year they had 2 minorities in the Senior Leaders Program. RSVP has plans to meet with seniors at the new%Iy opened American Legion Hall. Mr. Valdez asked why this has not been attempted before. Nis. Raincy stated that American Legion Ball had just opened. Ms. Bell stated that there is presently a senior program at 11LK. Jr. Recreation Center. Have they been approached? Ms. Rainey replied that RSVP has two graduates that have been working at MILK, Mr. Collins stated that he plans to work with agencies and provide technical assistance regarding marketing to minorities. Mr. Valdez offered some suggestions regarding recruiting Hispanics. Mr. Saunders asked if RSVP had paid staff. Ms. Rainey stated that there • was an executive director, full time secretary, three partime project directors and a volunteer coordinator. Mr, Saunders asked if City of Denton funds would go to salaries. Nis. Rain,y stated that it would go to i salaries, federal grant match and office expenses. Mr. Stewart asked if volunteers could do these positions. Ms. Rainey explained that paid staff is required to help pull everything together. There are 4 volunteers at RSVP that work in their small office. 6 North Texas Education & Training COOP, Lloyd Webb & Sunney Neighbors . . . Request: 014,300 0 North Texas Education R Training Co-Op is currently involved in One Stop Shop and is in the process of having their first visit. The request is to offer small business the opportunity to access resources. Most businesses do not have the funding to obtain written or computerized information on personnel isues, tax law's, startup and business plan development. The unemployment rate in Denton County is 2.2 to 2.3. • • • • Official Minutes 316/97 11SC bteeting Page 5 Well trained employees are important to companies closing and moving or staying, It is important to support and retain our exisitng companies. There is no funding available forjob task analysis, literacy task analysis or custom assessment and skill enhancement workshop training for employees. In business, where requirements and skills are changing. the need for this is great. The changing job would be analyzed by software, task analysis completed and a curriculum would be developed on the actual skills required to the do the speciifc job. The company could then provide a curriculum to a community college or university to provide the actual employee training, There is also a concern with welfare changes. If welfare receipients are unable to get ajob this will cause an unemployment problems. Questions: Dr, Duvall asked if North Central Tex-.s Ca!",ee was doing the same, Mr. Webb replied that they are not but has approached them on this Ur. Duvall asked if there was an organization who has ]TPA funds could provide the software. ii tr. Wthb explained that North Texas Education R Training Co-Op receives JTPA funds but need the soft war:. 1T°,+ funds restricition is that present employees cannot be trained with these funds. Mr. Valdez stated that he thought the Chamber of Commerce had a rtsource center. Mr. Webb stated that he had spoken with the Chamber of Commerce but they do not go out to the businesses to help. Mr. Saunders asked for an example of how it would work. Ms. Neighborhoods explained that many machines are manually but are changing to computerized machines. Employees have limiting skills. North Texas Education R Training Co-Op would go in and analyze the job and would do a list of tasks needed to do the job. This information would be analyzed and training created and any employee could be sent to be trained. Mr. Saunders asked who would pay for the training. Nis. Neighbors stated that funding could be obtained if needed. Mr. Webb mentioned that the Union Camp closing could have been avoided. The plant herein Denton has manual machines and Union Camp was offered a plant with computerized machines in Arkansas. This program could have helped to prevent the closing and loss ofjobs. Small businesses have less capabilities to offer training. Nis, Neighbors stated that businesses would help with the plan for the business. blr. Webb stated that small business are unable to obtain the infomtatin needed to run there business. There would be materials and video training for owners, sexual harrasment for example. Mr. Stewart stated that if the City funds software, the software would be property of the City for the life of the software. Mr. Stewart asked if funding would not be better if it came from business. Mr. Webb replied that businesses do not have the resources. Mr. Stewart asked if business didn't go in and out of business. Mr. Webb agreed. Kids Unlimited, Susan Stone . Request $5,175 Kids Unlimited was started four years ago. The program is held at MLK, Jr. Recreation Center on Saturday momings. Fifty children attend on Saturdays. One of the programs goals is to teach self esteem. It is very important to children. Transportation is avilabe in the Owlsley addition. Last year the program provided love and many events, and trips. Theme for the programs on Saturday 1 am special to God", "1 ® am special to the community'", "I am special to Kids Unlimited". Other goals of the program is to send 5 O • kids to camp and take 50 kids to Six Flags. The program offers lunch every Saturday. This program help kids reach the goals of life. a 7, e e Official Minutes 3/6)'97 FISC Meeting Page 6 Questions: Mr. Stewart asked what the lessons plats for God included. Nis. Stone stated that try not to make the program religions, but try to teach self esteemn. Children are taught that they are special to all. In February, Kids Unlimited did Black History Month. In the beginnig of March a gospel video was shown. Positive attitudes are stressed. The kids also do arts and crafts like a special card for someone they know. Mr. Davenport stated that other applicants have been advised that funds are limited and at what level would you suggest funding if the the full amount cannot be given. Mr. Stone stated that Kids Unlimited has not received any funding except from businesses. Nis. Cross asked if the program catered only to children at hILK, Jr. Recreation Center and there were any plans to open in other areas. Nis. Stone explained that Kids Unlimited had been available at Loma del Rey Apartments but it is no longer avialbable. Owsley has many children and transportation is limited to the Owsley area. Kids Unlimited is always looking for other locations but Kids Unlimited has limited volunteers and transportion. Ms. Bell asked if the program was serving all southeast Denton. Ms. Stone stated that there are just not enough volunteers or transportation to cover all the area. %fr. Valdez asked regarding the church that Kids Unlimited was associated with. Nis. Stone stated that Kids Unlimited was started as an outreach program. There is no connection. Kids Unlimited just got corporation status. Dr. Duvall asked if Kids Unlimited reported to the church. Ms. Stone stated that she keeps them informed. Special Olympics, Denton Dynamos, David Martin . . . . Request: $15,000 Special Olympics presentation included to athlete presenters named Arthur and Wanda. hfr. Martin has been a volunteer for 19 years and is the coach in softball. Goal of the Denton Dynamos is to attend the area meet and State Spring games and the winter games. Arthur is in softball, track and field and bowling in the winter. Wanda is in track, bowling, softball, swimming, 1-ball and gymnastics. Arthur has been in Special Olympics for six years and has improved. His first year to participate in softball he got the Most Valuable Player award. Special olympics helps them meet friends, travel and have fun. Wanda lives in a group home and Arthur lives in an apartment with a friend. Denton Dynamos have received funding from , the City before. It is nice to be able to take sonic of the fundraising duties from the athletes and the coaches. This will allow them more time to concentrate on training. Wanda and Arthur talked about sonic of their experiences being with Special Olympics. No questions were asked. e Discussion Over Agencies That Presented ROPE, Inc. No discussion. • 0 Denton Comity Cooperative 'Ministries ~ Mr. Stewart stated an oppostion for sevarl reasons. DCCM does not offer any direct aid and limit access to information. He added that he worried about getting attention from persons who might oppose funding it could be damaging to the City. He stated that he had spoken with someone who had worked with the ACLU :egarding the 1 st. ammendment. Mr. Davenport stated that last year he had had some reservation a~ Mai tr r r Official Minutes 3/6197 HSC Meeting Page 7 but that decisions should not be steered by groups like the ACLU. Evc,yone is on someones database somewhere. The database is great and attempted to to try to break into system and was unable to. Most of the agencies that are funded by the City, use this organization. Mr. Stewart stated that Mr. Davenport was not a lwayer and does not worry about legal issues. It could cost a lot of money to fight this in court. Mr. Davenport stated that the organizaiton is soud. Everyone is scared of attorneys but this cannot affect decisions. Dr. Duvall stated that he was not too concerned but was concemed with separation of church and state. Mr. Stewart stated that it was an establishment problem regarding control of the Batispt Asociation. Mr. Saunders stated that he had the same concern. Mr. Stewart suggested that a written opinon be requested for the city attorney. Ms. Brantley stated that there needs to be a clearing house to coordinate services. Mr. Stewart stated that he had no problem with agency but with issue of separation of church and state. Ms. Bell stated that she was planning to support the agency, that it is really neeeded. Family Health Care, Inc. Ms. Miller stated that she had a lot of concems and one wac the issue of fudicairy responsibilit, of aliens. Mr. Davenport stated that he would like to have more infoimntion regarding the sale. Dr. Duvall stated that he had a problem with agency but he did recognize the need. Nis. Riddlesperger also recognized the need but did not like the way Family Health Care had been left in the lurch. She addded that she did not like how it had all led to the purchase. Ms. Brantley stated that she also had problems. Mr. Collins asked if there was a problem with the organizaiton or Columbia. Mr. Davenport stated that he would support if there was a need but has problem with Columbia in the picture. Mr. Valdez stated that he had no problem with Columbia. Mr. Saunders asked if Columbia and Family Health Care. Inc. would be willing to show the terms of sale. Mr. Valdez asked where the money of the sale went. Mr. Stewart stated that the federal government plans not to fund illegal alliens services. fie wondered if North Tera Community Clinics had sold knowing this was going to happen, Mr. Valdez stated this would be happpening in mid May where they would loose Social Security and the Medicaid program. Mr. Collins asked if the emergency room would be able to see the patients. Mr. Valdez stated that the patient can only be dismiised with 2 refferals are made. Mr. Collins asked if the referred organizations were required to serve the patient. Mr. Valdez replied that they were not required. Mr. Stewart stated that the request could be funded at less of an amount. lie added that he found it suspicious. Why has the clinic never asked for more funding if they were in trouble. They have never come to the committee and advised about these problems. He questioned the credibility of what has been said before and what is being said now. l RSVP ' No discussion. North Tcxas Eucation and Training Co-Op 0 Mr. Valdez restated that he belived that the Chamber was already doing what this agency was requesting i funds for. Ads. Ross stated that she was on the advisory board and that the Chamber does not have this particular service. Mr. Davenport stated that this could be a program that should be done by the Chamber. Dr. Duvall stated that he still believes that colleges are doing this program already. r rte, • • Ofticiai Minutes 3/6/97 HSC Meeting Page 8 Kids Unlimited Mr. Saunders stated that there was no separtation of church and state. Not with classes regarding " F am special to God Special Olympics No discussion. Meeting adjourned c19:17p.m. • O ~ • a 130 ' t fi. w - • 0 711 0 0 OFFICIAL MIND ES HUMAN SERN ICES COMMITTEE MEETING MARCH 11, 1997 Members Present: Catherine Bell, Carol Brantley, Sandra Cross, Wallace Duvall, Fran Miller. Carol Riddlesperger, Charles Saunders, Wesley Stewart and Ramiro Valdez Members Absent: Mary fforimoto and Roy Davenport Staff Present: Derrick Collins, Barbara Ross and Alma Eseino fleeting was called to order at & 10p, m. Denton City-County Day School, Kay Peters, Joyce Rogers Requesting: $23,000 Denton City-County Day School is open Monday through Friday 6:30a m. to 530p m. The day school serves 66 children from IS months to 5 b5 years. Denton City-County Day School and Fred Moore Child Care are the only two day cares that offer a sliding scale fee. Parents must be working, going to school or looking fora job to be eligible This year the school has taken 7 special needs children, Some of the children go to Sullivan Keller and Woodrow Wilson and are transported to the Denton City-County Day School. There are 2 teachers per class, Children from kindergarten are being returned to Denton City- County Day School because parents cannot afford' 4 a day child care. The day school is trying to wor}- with after school action site programs for the children who are attending kindergarten. Denton City- County Day School celebrated 40 years of operation. The request has increased because the school has had high staff turnover. With the turnover there were problems keeping the school at full capacity. It is very difficult to find teachers The position does otter benefits. One benefit offered is insurance; before i not everyone was on the insurance plan Now Denton City-County Day School has insurance that requires 'a 510 co-pay and now everyone wants the insurance, There have also been problems with families leaving and not paying the bill Questions: Ms, Brantley asked how children are chosen for open slots. Nis, Peters staled that they have a waiting list. ASS, L-antley asked if the amount of studcnts had been cut down since they lost a teacher. fls Peters replied that they had 45 children, She also mentioned that she had lost a teacher that same day. NIS. Peters added that she tries to make the program enjoyable and a learning experience. Mr. Stewart asked it' the school had single family head of households. Nis. Peters stated that they have 22 in the beneficiary report, Nir. Stewart asked if there had been attempts to get money from the other parent. fls. Peters stated that many mothers have tried but have found it very difficult. flr, Stewart asked if the school only sewed low income. Ms Peters replied that all the school participants were low to very low income. She added that she %N as getting very young mothers. Dr. Duvall asked if the school was getting food from the 0 government, Nis. Peters replied that the school participates in USDA Government program, S:te added i~ J that the furiJing from CDBG had been received to renovate the kitchen There is also a plan to teach cooking to parents. ~s/• c_ • 0 Official Minutes HSC Mceting 3/11/97 Pave ? Fred Moore Day Nursery School, Cathy Gaskin Requesting: $37,000 Fred Moore Day Nursery School has been around for 41 years. The school provides care for low income families. Care is provided for infants to age six, There is one teacher with a degree in every classroom. Fred Moore Day Nursery Schooi has a very dedicated staff and not much turnover Fred Moore Day Nursery School was nominated for the JC Penny award A new mandatory volunteer program has been developed that requires parents to volunteer 10 hours a year. This helps to keep parents involved and children love it when parents volunteer their time at the school. The school has a eery active board. The average cost per week is $88 and the school does not charge that amount. The difference needs to ue made up in subsidies. The school is the child's first contact and can impact the life of the child. The school not only cares for the child but it educates the child. The main objective of the school is to love, care and modify behavior. City of Denton should be proud to sponsor this program Questions: Mr. Stewart asked why the request had been increased from the previous year ills Gaskin explained that the fire and health insurance have increased. Ms. Bell asked .vho owned the building Ms. Gaskin slated that the board owns the building \fr. Saunders asked if children from other towns attended Fred Moore. Ms. Gaskin stated that she has children from surrounding areas because parents work in the community. Mr. Stewart stated that the request was more than City-County Day School Ms. Gaskin explained that Fred Moore Child Care cared for infants and infant care is more costly Mr. Stewart asked how, the school %\as able to keep teachers. Ms. Gaskin stated that she did not know but that she tries to offer perks, She added that the school has monthly slaffmeetings and training Another reason might be because the teacher like what they do Several of the teachers grew up in Fred Moore School and they live in the community. \It Valdez asked how fees are determined, Ms. Gaskin stated that parent fees r.re based on a sliding scale according to their household yearly income and number of persons in household. Denton Family Resource Center, Dr. Armints Jacohlon, Satty Rishat 6 lorry Msnlott Requesting: $20,000 The establishment of a center to serve families in the city of Denton was the recommendation of the Learn Committee of Vision Denton, The committee visualized a center that would serve as a central location for education, support, information and referral services for parent families, The center has received funds • from Children's "Crust Fund of Texas, Funds will be used to hire a director and administrative assistant. The director will be responsible for securing funds, volunteers, working with the board. parents, advisory committee, setting up and finding a center The proposal includes a request for a part time coordinator who .+ill work with the community and have programs available for low income families. This will be a point person in the community The center will provide support and a nttwork to families. The center ' will provide referrals and program parenting classes. The center would do a collaborative conference with • agencies to see how to best serve families As a community we want to do the utmost to serve families and nurture children. The center %611 be located in a central location. When a family is in need, the center will provide support, education and referrals. The goal of the center is to foster self sufficiencv. This idea has been a collective effort of what the community sees and where the community needs to be in 5, 10, 15 years A place where parents can come and use the parent library. Parents can come and sit, chat individually or in groups and access programs. If the parents speak Spanish, a translator will be provided. ..ter • • Official Minutes HSC Meeting 3/11/97 Page 3 The needs of the parents would be identified and parents would be connected to the need. It is more than a referral agency, Questions: Nlr Stewart asked if other agencies had been contacted, Nir. Wshel stated that several members cn the board are from the agencies. Air. Stewart asked if the center in the beginning would be limited to parents with children, Nis. Jacobson stated that the center would be user friendly with a broad spectrum and eventually be education, job refer ral and other Air. Stewart asked if Family Resource Center would have access to DCAN Air. Rishel stated that he had worked with DCAN and has discussed this. Air, Valdez stated that he was unsure of the center and the application appeared to have been put together very quickly and it seemed to be a clearing house, Nlr Niankoff stated that the center had probably not been defined well. The center would be a resource for families When a persons conies in crying about teenagers the person at the center will hold their hand and offer a referral. Nis, Jacobson added that the center is in process and the parent advisory committee met and put the application together. The position will be for low income families. Nir Niankoffstated that there is a conceptual basis of a clearing house, Currently families have nothing to access. Representatives from across the community have been trying to derine the needs and will meet to discuss this firrther. SPAN, Erika Lissberger, At Murdock Requesting: $26,000 SPAN (Pornemaker Service for Fairhaven), Cheryl Harding Requesting: $20,000 The first request is congregate and home delivered meals of $26,000. The principal use of funds for SPAN is for meals for seniors in Denton. The program is very successful, A new place is being renovated and will probably increase attendance at the American Legion Hall. Programs in Denton are successful because meals and staff are there in one area, SPAN is asking for continuing support with the program. The program has very good attendance and reaches seniors who are 60 years of age and above. The second request is for SPAN Homemaker Services at Fairhaven for $20,000. Currently the program series 20 people, The service is provided once every two weeks. The service provides much needed help for the seniors with the heavy duties, The average age of the residents at Fairhaven is 84. Although • residents are living in an independent retirement home they still have problems doing hard jobs like scrubbing the floor. This service has filled a much needed gap. Fairhaven has 48 residents and about 1/2 use the homemaker services. Currently, Fairhaven has five persons on the waiting list for homemaker services. The request asks for an increase to sen a more residents. Questions: , • Dr. Duvall asked if Fairhaven was a personal care facility. Nis. Harding explained that Fairhaven was a ! p • retirement home. Residents live there and take care of themselves. Fairhaven offers three mean a day, transportation, apartment and homemaker service. Dr. Duvall asked what residents pay for homemaker services, Nis. Harding stated that residents pay about $1.25 per service and the grant pays the other part. Resident's fees cover utilities, food and the apartment, Air. Stewart asked why there was an increase in the funding request. Nis. Harding stated that the request had increased to be able to serve more residents, ~S. t • • I Ofilcial Minutes HSC Meeting 3/11197 Page 4 about 30. N(r. Stewart asked about transportation Nis. Harding explained that the transportation program is coordinated by volunteers from churches and agencies. Mr. Valdez asked why all the residents were still white. Nis. Harding replied that all residents are Caucasian but that she has been working on marketing tr minorities but has had no results. She added that lots of minorities do not want to live in a white nei¢iiborhood, Ms. Bell asked who had she spoken to in the Hispanic and Black communities. Nis, Harding stated that she had spoken to Isabella Hinojosa and James McDade, Nis. Bell asked about the nutrition for residents. Nis Harding replied that meals are delivered. Mr, Saunders asked regarding SPAN's involvement with churches N1r Murdock stated that churches can volunteer and can offer contributions, Sometimes SPAN receives requests from the church, Nis, Nddlesperger asked what the charge was for using SPAN. Ms. Lissberger replied that SPAN donates rides to persons of 60 years and older. If SPAN picks them at the door then the charge is $1.50. SPAN has hco routes, 1) vehicle picks up at certain locations 2) vehicle picks up person at their door. They must qualify by disability, Nis Miller asked how the fare is determined. Nis, Lissberger explained that the fee is determined by the City of Denton. A one way fare for home pick up is $1.50, The fare is V. for pickup on the fixed route, The fee is set and has nothing to do with age Anyone who requests to use home pickup service are required to fill out an application and be ADA qualified, Juvenile Oivetsienary Services, Xristi Sandel Requesting: $21,000 Juvenile Diversionary Services runs several programs The request is for three programs. Teen Court is a diversionary program for first time offenders ages 12.17 with a class C misdemeanor. Deferred judication means that theju,.enile is allowed to complete various programs to have their offense dismissed. Court is held in Denton Municipal Court and is very formal. A certified judge presides and the bailiff is a volunteer from the Sheriff's Office. Teen Court is more in depth The juvenile is required to come with a parent and be interviewed, Sometimes, during the interview underlying issues can be discovered, The program is in conjunction with TYC where juvenile felons serve on the court as jurors and share their life stories about how they became felons. After court, a mini group meets and is vital and very beneficial Last year there were about 150 cases that came through Teen Court The other part of the request includes an after school program at Fred Moore. The program will offer • structured activities from 3p,m, to 7p m. This program is contracted with the Boys and Girls Club. The program is offered at no charge but there is a fee for activities The program has many volunteers. The time is structured and requires the kids to do their homework. There are tutors available to help. The kids enjoy the program and parents are very, supportive. TNVU students are doing an evaluation of the program and the results will be available in May. • Question: • • Nir. Stewart asked if a request for funds had been made to Denton County. Nis. Sandell stated that the county is reluctant but does donate the court room. Mr. Saunders asked if only one program could be funded which one would it be Nis. Sandel replied that if she had to pick, she would pick the after school j program with the Boys and Girls Club. Mr. Stewart asked about the ages of participants in the teen court and if the court sees repeat offenders. Nis. Sandel stated that the ages are 12.17 (18 if in school). The • • ..r T"n[w..MO I? i ..w..r.WIM.MYYtl.M,.,.~MM Y .r....r • • Official Minutes . IISC Meeting 3111/97 Page 5 court only sees first time offenders. Mr. Stewart asked if the teen court kept track of teenagers. Nis. Sandel replied that it was eery hard to track. She added that if the person is in trouble again she would probably find out through county court reports. Nit. Stewart asked if there was salaried personnel. Nis. Sandel replied that the director is the only paid personnel. Parks and Recreation Department : Kings Kids Day Kamp, Janet Simpson Requesting: $27,990 Ehhu Gillespie is the center supervisor. The program is in its 4th year. The program began as a drop in program for i': a day at Fred Moore Park. The program needed to expand to all day and was moved to NtLK, Jr. Recreation Center. Eighty to ninety children attend the camp for 11 weeks. The program is open from 9a m to 5p.m , Monday through Friday. The program divides in four age groups and has age appropriate activities. The program offers mentoring, education, sports, leadership and helps to build self esteem. Lunch is provided for the children. There is also a computer lab that allows them access to the Internet The increase is due to the following reasons: 1) Elihu is a successful recruiter and retains many of the attendees, 2) The camp has added a cultural arts program. 3) Due to all the required staff training and the short time they have to do it, :raining has been extended for 5 days 4) The camp is planning to add weekly trips, out o£ town trips where participants will be required to pay $5.00. Dwsley Summer Playground Program, Cirile Pcdroza Requesting: $20.204 The program is held outdoors in the Owsley Neighborhood. The program is for l1 weeks, 9a. m, to 5p m From 9a m to Up m. the program is held at Owsley park. From 12 to I p m. a free lunch is provided. From I to 5p m. the children are taken on trips such as bowling, skating, and other activities to keep them out of the hot sun, Highlights of the program have be^n visitor speakers. The program receives many dcnapons of food, cups, drinks and -,ther. The program is asking for an increase of $3,000+. The program needs another van and an increase of staff The amount of children are about 42 a day and it cau take two to three trips to get all the kids to one location, That can take along time. The program has increased in quality with community support. • Alternative Avenues, Amanda Creeu Requestivy:$5,256 The program deals with 12 at risk youths from ages 9 to 14 at NtLK The program offers conflict resolution, behavior and money management through positive leisure activities. Every child is assessed to identify weaknesses Last year out of 8 youths, 6 showed improvement, Questions: • Nls. Miller asked how t1 youths for the Alternative Avenues program were identified, Nis. Green explained that she works with Ei hu Gillespie and staff tc- target persons in the program or who live in the • • community, Nis. Bell asked if tha same youths were in the program every year. Nis. Green replied that there are new children and some do carry over. Mr. Stewart asked if the first group of Alternative Av enues had been tracked. Nis. Simpson replied that with larger groups like Kings Kids Kamp and Owsley this has been a problem. Ms. Green has been able to do assessments with the youths Mr. Stewart i .yr r--++~+ r~" • • s Official Minutes IISC Meeting 3111 /97 Page 6 stated that he was eery supportive of a program that can track the participants. The community would like to see the history and if the program made; difference. Nis. Bell stated that she mould like to know who participated in the Alternative Avenues, how their behavior had changed and how the youth were doing in school. Nis Simpson stated that it would be hard to determine because the participants have many other influences in their lives. Nis, Simpson added that the Parks Department is currently working with a new evaluation. Ms Miller asked -xhat defines at-risk, AIs. Green stated that it was the neighborhood and income once the youth is identified they must meet guidelines and requirements. Ms. Miller suggested that more mechanisms be put in place to track participants. More defined criteria for selection and progress reports. Nis. Green asked if parental input could suffice Nis Bell stated that report cards could be presrnted by children. Mr. Valdez stated that he would like to participate in the program. How does someone uet chosen. Ms. Green stated that the youths had to causr problems. Nis. Simpson explained that Ehhu identifies problem outh v%hile working with other programs, Air Valdez asked if the program could be made snore open. Als, Green stated that she could go door to door. Its, Miller stated that the problem was with rewarding bad behavior. Mr. Saunders asked why the request had not been part of the City's budget process, Nis. Simpson stated that their responsibility is to identify needs, develop programs and Lind funding This was the most appropriate funding for these programs. Air, Stewart asked if the parks department could go through the City's general fund process. Ms. Simpson stated that it would be about $50,000 they would need ;o absorb If city council suggests that it should go through the general fund then it will There is a risk that the programs would not be funded due to lack of funds. Nis Bell stated that she was concerned that if the programs were taken out of this committee's fund'.ng process it night not Let funded. These are programs in target areas Discussion Over Agencies That Preserted Denton City-County Day School No discussion, Fred Moore Day Nursery School No discussion. Denton Family Resource Center Air. Stewart stated that he would like to see the center develop before funding Dr. Duvall stated that i; i was a good concept but it might be overlapping on services. Alr. Collins stated that while working with the Family Resource Center one of the concerns was that there be no overlapping. The Family Resource Center is planning to do a conference with human service agencies and attempt to coordinate senices. Alr Valdez stated that the request was very unspecific and unidentified. There are no protocols or ® definitions, Dr. Duvall stated that the Family Resource Center is in the process of getting started. Mr. O O Collins stated that the center is working on their articles and by-laws Mr. Saunders stated that he agreed with Alr. Valdez What sen ices will be provided? fie is concerned with the definition. Ms. Miller stated that she had great respect for Arminta Jacobson and anything she is involved in. It will be good. There is a concern of how far along tde center is. Afr. Stewart recommended for the center to be considered at a • • Official Minutes . HSC Meeting 3/11/97 Page 7 lesser amount. SPAN & SPAN Homemaker Services (Fairhaven) Mr. Valdez asked how much Fairhaven residents have to pay. Nis. Ross replied that residents pay $400 to $233 a month. Mr. Saunders asked if Fairhaven was a for profit. his. Ross stated that Fairhaven was built 20 years ago with a HUD 202 program. Fairhaven currently receives subsides from HUD. It is a non- profit and has a board. Mr. Valdez asked how Fairhaven had been able to get HUD funds when all the residents were white. Nis. Ross stated that Fairhaven has explained to HUD the reason, actions and results Community Development Advisory Committee also had the same concerns. Mr. Saunders stated that it is the third year of funding and this issue needs to be addressed. Nis. Ross stated that the Com rnunity Development Advisory Committee has requested that Mr. Collins work with Adult Day Care, RSVP and Fairhaven to create a marketing plan Juvenile Diversionary Services Mr Stewart stated that the programs were great but that the after school program was better. The teen court is not bad but it is not limited to the low income, Parks Department Programs Ms. Miller stated that she had a problems with Alternative Avenues program. These at risk youths are being wined and dined. Mr. Stewart stated that h: would like statistical information on all the programs. f Ms Miller stated that the motives with the Alternative Avenues program were fine but she does n,it agree with the methodology. Mr. Valdez stated that the results from the Alternative Avenues program show that 1/3 of participants showed a decrease and 1/3 stayed the same and 1 /3 improved. The comments from the kids regarding the program were not all complimentary. Meeting was adjourned at 9.08p.m. , • a • 37- a+.- _.:.u. .a...+.., V.xw Wlir +61[Y7i'it si..L ~s. • • OFFICIAL, MINUTES IfUIIAN SERVICES COMMITTEE MEETING MARCH 1391997 Members Present: Catherine Bell, Carol Brantley, Sandra Cross, Roy Davenport, Wallace Duvall, Fran Miller, Carol Riddlesperger, Charles Saunders, Wesley Stewart, Ramiro Valdez Members Absent: Mary Aforintoto (resigned) Staff Present: Derrick Collins, Alma Espino, Luisa Rodriguez-Garcia, Barbara Ross Mr. Stewart called the meeting to order and noted that this was an open meeting. lie stated that agencies present for the meeting would not have an opportunity to speak, since not all agencies were present and they had already had an opportunity to provide HSC with information. Mr. Stewart asked the committee members to make an initial "up or down" vote on each agency. If the organization has 2 majority for the amount requested then IISC will consider them funded. We'll tally the results and go through the agencies again with discussion as to funding levels. HSC members agreed to the process as stated by Chairman Stewart. ;Members discussed the use of CDBG and general fund dollars. Mr. Stewart and Nis. Ross pointed out that because of the low income requirement, some agencies services are a better tit for CDBG. Staffwould assist members in making that determination. Mr. Stewart stated if seven persons out of the ten members participating voted one way that would that be a consensus. Members agreed. Ms. Ross asked Mr. Stewart if members should go over the criteria from the policies and procedures document. lie stated no but mentioned to members they could ask staff if they had any questions recardina the "IISC Policies and Procedures." Members started with Adult Day Care of North Texas and went through each of the agencies. Air. Stewart asked members to note if they had any conflicts of interest. Mr. Collins reminded members when voting on the Boys and Girls Club that they preferred that the program through Diversionary Services be funded if the committee were not able to fund every program they requested. During the process, Ms. Brantley and Mr. Ramiro arrived. They w°re both advised of the procedures being followed. Also, Afs. Ross reminded members that staff resources were limited and that the number of agencies funded could not be increased significantly due to this limitation. She noted that agencies required monitoring and technical assistance on a regular basis. The following is a list of agencies that HSC members agreed should be considered for full requested funding: • AIDS Services of North Texas $ 15,000 r Camp Summit S 8,000 Community Food Center S 3,500 Denton City County Day Nursery $23,000 • Fred Moore Day Nursery School $37,000 HOPE Inc. (30 to 90 Day Program) $ 5,000 ® • HOPE Inc. (7 r, asitional (lousing) $25,000 NT Challenge''rogram S 15,000 Riding Unlimited S 3,000 RSVP $ 8,200 - t: TM, MP • • Official Minutes HSC Meeting 3113197 Page 2 SPAN (Service Programs) $ 26,000 Special Olympics $ 15,000 Charles Saunders abstained on the Community Food Center vote. Fran Miller abstained on the NT Challenge Program vote. Mr. Stewart then asked members if they wanted to take the agencies in order for discussion. Members agreed. Discussion was requested on Adult Day Care of North Texas. Air. Duvall recommended last year's level of S 12,000. Mr. Saunders stated that he agreed to leaving it at last y ears level. Mr. Saunders noted that Mr. Collins stated he would work with them on their affirmative marketing efforts because that o as a ntajor concern he had. Mr. Stewart called for a vote on the requested level of 112,000. Nis. Bell stated that she felt like they had not done much marketing in the minority community. Members voted 8 for and 2 in opposition. 512,000 would be included in the tentative budget. Members noted that all funding was currently tentative. A final vote on the entire HSC budget would come at the end of the process. Discussion was opened on Ann's Hawn VNA. Mr. Saunders stated that they have sufficient funding within their budget to fund this activity. Mr. Stewart asked if there was anyone in favor of Ann's Haven at any amount. The agency was tentatively removed from consideration, Mr. Stewart asked for discussion on Boys and Girls Clubs of Denton County. Nis. Riddlesperger stated that the reputation of the organization around the country is positive. Ms. Miller rccommcndrd funding the "Teen Supreme Program" at $7,600. Mr, Davenport stated that though it is a good program, he felt the kids that would be targeted by this group have to ability to affiliate with other funded activities in the same regional area. The program was tentatively funded. Next, Denton County Cooperative Ministries' Denton County Assistance Network program was discussed. Nis. Riddlesperger stated she was in fcvor of it but not at the $14,500 level. Nis. Bell stated she also supported the mission of the assistance nemork and recommended a $7,000 funding level. Ms. Miller stated that she has been in recent discussions regarding the data base and the advantages it offers many of the nonprofits in town. They are able to coordinate their efforts and use it positively to ensure clients get needs served. It also weeds out system abusers. Ms. Riddlesperger pointed out that they have been working on this for sonic time. Ms. Miller said that it has been in use for about three years. It is not r a we program. Mr. Valdez reminded members that one of the things they suggested last year was that DC'AN find a way to split off from Denton County Cooperative Ministries. He pointed out that Catholic Charities in Fort North has done that. Mr. Valdez noted that what they are doing is good but, they need to be a separate nonprofit organization. Mr. Collins noted that this was something they were looking into. He stated that staff had discussed this with Mr. Johnson. llowever, there would be quite a bit of funding needed for start-up of a new agency. DCAN does not have the funds to set this up now. Mr. Satutders stated that, after reading the information provided by staff on CDBG regulations, he felt that this organization was prohibited from rece;ving funds. Mr. Saunders addc-d that when he asked Mr. Johnson about their status, they are just a program of the Baptist Association. Nis. Ross stated that she was not y~ c 1 . ~ • • Official Minutes IISC Meeting 3/13/97 Page 3 cure what Mr. Saunders saw in the regulations that made him believe the organization could not be funded. Mr. Saunders stated that the regulations stand if the organization does not serve primarily a religious purpose it can receive funds. However, as long as DCAN is a program of the Denton Baptist Association then their primary function is a religious purpose. Nis. Ross indicated that the regs state that as long as the organisation agrees not to make religious participation a requirement for receipt of services. they're OK. She noted HUD is encouraging cities t, funds religious organizations who are already carving out charitable function. Mt. Stc%Nart stated he did not want to get into this too much but noted that this was an extremely complicated area of the law. Nir Collins noted that the City of Denton funnels its PLUS ONE program funding through Cooperative Ministries. Nis. Riddlesperger added that the government is asking churches to take up the slack for the increasing welfare pressure. Mr. Steuart asked for a motion to fund, Nis. Bell suggested it be funded at 57,000. Isis. Riddlesperger agreed. Denton County Cooperative Ministries' DCAN program was tentatively funded at $7,000. Denton County Children's Advocacy Center was discussed. Mr Davenport stated that he was not personally inWIved with the organization but knows members of the board. Fie also noted he was there when formulated policies. 4hey are fbllowing a model that is being used nation-wide such as in Collin County. It is fair to the child-victim and the suspect. It limits the suspense on the part of the suspect and their counsel. It limits the exposure of the child-victim and ends repeated and possibly unprofessional interrogations by police departments that may not be prepared to handle them. Mr. Davenport continued that in bui Iding their current site, they used a lot of volunteer labor and cut costs where they could. lie believes they have shown that they can man ige a budget. Perhaps the dollar amount should be changed. I le added that he was strongly in favor of funding. Mr. Davenport suggested funding at SI5.000. Mr. Stewart asked for a vote. Only four voted in favor of the S1 5,000. Ms. Miller moved that they be funded at a $10,000 level which is in line with Leivisvillc's funding level. She noteo from their backup that they stated Dcnton's high percentage of abus: cases asjustification of the funding request. Members agreed tentatively to the 510.000 funding level. Mr. Stewart asked for discussion on Denton County Friends of the Family. Nit, Stewart stated he assumed the members wanted to fund them but not at the requested amount. Mr. Duvall suggested funding at last )car's level of $40.000. Nis. Bell recommended funding at 530.000. Mr. Saunders agreed with Nis. Bell's suggestion. Mr. Saunders stated that the answer Friends of the Family sent back to the question about diversionary funding from the court was not adequate, tie felt that they can significantly reduce the funding that they need by including first-time offenders in the diversion program and getting the funds directiy to Friends of the Family. Ile noted that the way the diversionary program is set up, that there is no late that says that you can't put domestic violence cases in the diversionary program. He added that he felt they could put pressure on the district attomey's office to get offenders in the program. Mr. Davenport stated that he did not want to recommend a specific funding amount but noted that he would 0 hate to put any organization in a position where they are caught, such as requesting diversion so that they could receive more funds. He added that it almost puts them in a spot where they ask for something that I~ • may put them at cross purposes with their program. Mr. Collins asked if a domestic violence offender went through a diversionary program would that offense ue stricken from their record. Mr. Saunders said it is essentially like being on probation but with no case file. They can require them to go to counseling and restitution to be paid up front, Mr Stewart stated he wanted to point something out in support of Mr. -------ate • • Official Nlinutes IISC ?Meeting 3/13/97 Page 4 Saunders. fie said diversion doesn't mean they get oft. It means they cannot have any problems for an entire year. Mr. Stewart stated that he felt in most situation:' the perpetrator could not make that year unless he is truly sorry for what he did. What Mr. Saunders and I are indicating is that the diversion program doesn't avoid prosecution, it means you better be good for that year. The major reason for family problems seems to be money. We are prosecuting people who cannot afford the system we're throwing them in. We're sending a message to people if they don't make it during that year, the D.A. has the authority to file charges. It is really an honor system. Part of the agreement is that they will pay some money. Nis. Ross asked NIT. Collins to exp ain Cheryl Sutterlield's comments regarding subsequent dumestic violence incidents. Mr. Collins explained that Nis. Sutterfieid stated that generally with domestic viol mce the level of violence escalates with each incident. This is why he asked the question regarding whether th- offense goes on the perpetrator's record. If there is a subsequent incident would it be much worse? Mr. Saunders stated that if this happens within that year, they con file both the old case and the new case. Mr. Valdez stated that these guys come up with the money for treatment. fie noted that when they were sent over to Friends of the Family they came up with the money. Mr. Valdez noted that this is why he would like to set funding at a lower level. Friends of the Family needs to be pushing these guys to pay for the programs. Mr. Valdez stated he had no problem assisting women who stayed in the shelter. Mr. Collins pointed out that the batterers do pay for their programs but they do not fund the shelter services. Mr. Stewart pointed out that based on the number of victims served in the shelter, they are asking for roughly 5500.00 per case. Nir. Stewart stated that a lot of the batterers are pro se. The D.A.'s run a lot of those people through. these are people on first-time misdemeanors they are offered probation. ? fr. Valdez and Mr. Stewart discussed the plight of Spanish-sneaking defendants. Committee members agreed tentatively to fund Fricn.'s of the Family ai S30.000. One member was in opposition and nine in favor. Committee members next discussed the Denton Family Resource Center parent outreach program. Nis, Riddlesperger stated that perhaps there were other organizations that serv':s the same clientele. Mr. Stewart pointed out that this organizaticin serves prim aril) families and are not yet operational. Ms. Miller state J that they are not a service provider, they are a clearinghouse for services. Mr. Collins pointed out that they may be actual service providers. They are in the process of completing a needs assessment. Acting as a clearinghouse will not be the only thing they do. Mr. Duvall commented that this organization is a result of the visioning process. Ile stated that he liked the concept of coordinating family services. • Mr. Valdez suggested some small amount of funding to help them get started. Ms. Miller proposed funding theta at $5,000 dollars. She stated that this nay give them some momentum to get funding from other sources. Mr. Saunders agreed with the idea of $5,000. Members agreed tentatively to fund the organization at $5,000. Mr. Stewart asked i.°there was anyone in favor of funding DISD TTRIPS. Members wanted to fund the • organization. Nis. Riddlesperger suggested last year's level of !10,000. Ms. Miller recommended a compromise of $15,000. She noted that there have been a lot of teen pregnancies and that they are serving O O more students. Mr. Valdez stated that they did provide statistics on how many students had graduated and that some had gone on to college. Mr. Saunders stated that he was impressed that TTRIPS had been able to bring some kids back who had previously withdrawn from school. Nis. Riddlesperger stated she would also be satisfied with the $15,000 level. Members agreed to this level with one dissenting vote. r • c.'Y lIr~F ~iANruY'''"„"..T~ I; • .....-•.v.~.M~W~.w~.ww...-.w • • Official Minutes HSC Mecting 3113,97 Page S Family Health Care, Incorporated was the next organization to be discussed. tits. Riddlesperger stated that though they agree on some of the problematic areas, someone needs to meet the need. She suggested $30,000 in funding. Ms. Brantley stated that she woul.l agree to this amount. Ms. Brantley commented further that it is going to cost the City and County much more if these services aie not available. It will be much more expensive to pay for babies who have not had prenatal care. Mr. Duvall pointed out that it would cost the County, not the City. Ms. Brantley stated that it will eventually cost the City because the children will have mental and physical problems that we'll be paying for the rest of their lives. Mr. Stewart apologized for his next question stating that he pr•ferred to have accurate information. Ile asked if it was correct that this was primarily for illegal aliens. I le asked if they received County services, Nkl* pays for indigent care? Do they receive public aid? Mr. Valdez pointed out that Columbia Medical is taking the Medicaid patients and ti,at the committee is being asked to Fund are those without any kind of insurance. Mr. Valdez also doted that Columbia at North Richland Hi!Is has taken over indigent care there. He stated that if Cc!umnia takes the Medicaid population, they should also provide care for the indigent population. He stated that they cannot legally drop people as patients. 1 hey can say that they will not accept any more indigents. Ms, Cross stated that she called Family Health Services for help in a personal situation and because the individual lived in a household with her parents. and her parents have income, they would not sere her. Nis. Cross stated that Family HeaItlt Care should dot get anything because there are people right here in Denton that need this care too. She added that they say, pregnant womut are our priority whether cou have money or not. Ms. Cross noted that she has a lot of problems with this organization. Mr. Collins :,tared that the issue there is household income. If the young woman had been !wing on her own. it would have been just her income. Ms. Ross noted that this is also the wa% Community Developw-nt is required to trick income for the City's federally funded programs. Ms. Miller stated thnt she had a problem funding: programs for illegal aliens with tax dollars. She noted that her heart goes out to these people. She noted that there are reasons for federal and state !dws teat bar funding of these services. She asked if we are not violating !hose laws if we fund these programs. Mr. Valdez pointed out that the baby will be born in this country and will be a US citizen. Mr. Wallace asked about the care of that child throughout its life, Mr. Stewart asked to close the discussion and for the committee to take a vote. Three members voted in favor of funding Family Health Care at $30.000, Mr. Stewart took a vote on not funding the organization. Six members voted not to fund the organization. i -The discussion turned to Interfaith Ministries. Ms. Bell suggested that the organization be funded at I $ 7.000. Mr. Stewart stated that this was direct subsidy of utilities. Air Wallace asked if this was eight, to ten church groups. Mr. Collins answered yes. Nis. Brantley proposed funding at $10.000. Nis. Riddlesperger agreed. Nis. Bell stated that $10,000 is good. Members agreed six in favor and four against to fu-d the agency at $10,000. Air. Stewart stated that the next agency is juvenile Dive; sionary Services. Their proposal is split $111000 to teen court and the other was to the after schoe! program at Fred Moore. Mr. Stewart asked for • discussion, Nis. Miller stated that she was impressed with the director's response to tit: question that if she had to choose between the two programs, which would she choose. Nis. Miller noted that Nis. Sandell stated she would choose the Brier school program run by the Boys and Girls Club instead of the teen court program. Ms. Miller suggested funding for that program at $11,000. Mr. Collins reviewed the funding - - 0 • • Official Minutes HSC !fleeting 3/13/97 Page 6 request. The members voted unanimously to fund the program at $ 11,000. Discussion was opened on Kids Unlimited. Mr. Stewart explained that Kids Unlimited is the Saturday moming program a: the AILK Center. Ile stated they were asking for money for lunches. Right now they feed the children every other week and would like to feed them every week. Mt. Duvall asked if they are church sponsored. Mr. Valdez said it would be difficult to separate them front Redeeming Love. He noted that the corporation was formed by and their board members were from Redeeming Love. hlr. Stewart pointed out that the by laws state that the assets will go to Victory Ministries. Mr. Davenport stated that they had incorporated into another organization other than what is represented in the funding packet. Nit. Stewart stated that Kids Unlimited is the current one and that they are an offshoot of Redeeming love church. Mr. Davenport commented again that the presenter stated they had incorporated more recently than the information in the packet. Mr. Stewart stated that there are three groups, Kids Unlimited w hich is a subsidiary of Redeering Fellowship, Redeeming Fellowship's assets would go to Trinity Ministries if the organization disbanded. Mr. Stewart stated that Trinity Ministries was Susan Stone's husband's ministry. Ms. Stone is the director for Kids Unlimited. hls. Ross again reminded the committee that the City can contract out with religious organizations if they agree to certain terms and there is not religious requirement for program participation. She also noted that since funding is provided on a reimbursement basis, no funds will be sitting in anorganizational account. She stated she was not advocating for this specific program, merely pros iding information to the committee. !.It. Valdez asked how1 we would know if organizations were meeting the requirements. Ms. Ross stated that staff monitors each aeencv on an annual basis. Mr, Stewart stated that the committee was getting information that is not accurate. Ile stated that with all due respect to Barbara the question is not simple. It may be the policy of the City as Barbara is saying it... Ms. Ross indicated that her information was from the CDBG program regulations. Mr. Stewart continued that we are talking about two things, whether you want to contribute to a group that is affiliated with religion and then there is the legal issue. Ile continued that on the whether you ant to fund issue. Barbara is saying that there is nothing in City policy to prevent you from doing this. Ms. Ross indicated that the City Attorney, Herb Prouty confirmed that for staff. Mr. Stewart stated he would agree on the City policy. On the constitutional issue, that he stated he would not get into, hr does not agree. The primary case la%v is more complicated. There may not be a problem but, from the 1 City's funding standpoint, apparently there is no problem. Mr. Stewart asked for fluther discussion. Nis. Miller stated that she felt they were providing a good program and as a private citizen, she would have no problem supportine it. However, Ms. Miller stated she did have a problem prwtding these funds because it is a religious program. She recommended no funding for the program. Members voted unanimously not to fund the program. North Texas Training rnd Education Coop was discussed. Mr. Stewart explained that this is the computer program to assist small businesses. It is task analysis computer programming and $2,000 in personnel ® expenditures. No member, were in favor of funding the program. Nine members voted not to fund, one J member abstained. • 0 Committee mcrnbers discussed the Alternative Avenues program. Mr. Stewart asked if any members were in favor of funding. Ms. Bell stated that she wished they would extend the program to more children. She would recommend $5,000. Nis. Miller stated that out of the 12 children, only four have ~3. • • Official Minutes I ISC Nleetim-, 3113x'97 Pace 7 shown any kind of progress that could be attributed to this program. She continued that this is a lot of money to benefit four kids. %is. ;`tiller recommended no funding. She added that i called Amanda and apologized to her about the way 1 spoke to her because I didn't feel good about the way I talked to her Mr. Saunders also noted that the statistics that about a third of the participants stayed where they were, about a third improved and a third were worse off • this is NOW you would expect to happen with no assistance at all. Mr. Stewart asked the members to cote on Nis. Bell's suggestion of funding the project at $5,000. The proposal did not carry. Mr. Stewart asked for those in favor of providing no funding. The members Noted S to 2 in favor of no funding. The program to be discussed was Parks' Kings Kids Day Kamp. Ms. Miller stated that the committee has had a lot of discussion about program diversity. She stated that it seems that the funding going through the committee is not being disbursed proportionately in line with the population breakdown. Nis. Miller added that while she agrees that the children in this area arc deserving and need care, she has a problem with the fact that there are almost an exclusive minority population being ser\ed by this committee or this process. Mr. Davenport stated that he could not agree entirely with shat had been said. Mr. Davenport continued that the percentage of non-minority very low income children in town would prose up the point. I le stated that he feels you could sere very low income children in general and the percentage of minority children would not be as hieh as it is now. He added that what we're saying is that there are not two separate groups. low income cs. minority. There are low income minority and low income non-minority. \1r. Davenport stated he tends to agree with Mr. Miller's point. \ls. Miller stated that she was not recommending cutting funding to the program but, that it was disturbing to her. Ms. Riddlespergcr stated that Nis. Miller expressed it very well and that she also agreed. Nis. Cross signaled her agreement also. \fr. Stewart stated that all these programs help women more than men. Again. that is the way it is because women need it more and men are sontewfiat more responsible for putting women in a position of need. Mr. Duvall asked if this was a requirement of CDBG. Mr. Collins stated that the funds are to assist low income households. Mr. Valde.. stated that ariylime you work with poor people in Texas, you're going to 1cork with Mexicans and Blacks. 11x. Davenport stated that the specific statistics in Denton would the statistics bear out that there are more non-minorities in poverty /very low income, Nis, Ross o stated that the UN T program is also scning the same population as the Parks programs. She noted that if that is a concern, then the number of programs funded that sere those saute populations might be something they would want to take a look at. Mr. Saunders stated again that these were good programs 0 but. they should be part of the City's budget and that City Council should pay for these programs. Nis. Miller stated that she agrees with that but, at this point in the process, we should not withhold funding for this year. I f we fund them and then give a formal recommendation from the committee that next year they r be funded from the general fund, how- would they be perceived by council? Nis. Bell commented that she hears what the committee is saying, Nis. Bell stated that if this program is given to the City, it will get lost in the shuffle. Mr. Stewart stated that specific recommendations to council could be handled after funding s decisions are made. Mr. Valdez pointed out that the committee made the same comments last year. Nis. I~ O 0 Ross noted that the only specific statements the committee made last year were in regard to Proyecto Amibtad and it did conic out of the general fund. Roy Davenport recommended funding of 325,000. J Seem members Noted for funding at that level, three against. Mr. Stewart asked if anyone was in favor of funding the Owsley Summer Playground program ~ _ _ -'--•-see. - e • Official Minutes IISC Meetine 3113,97 Page 8 Nis. ;Miller asked if they had a facility Mr. Collins explained that they have outdoor activities from 9 to pm and from then on they take the kids to activities. Ms. Miller then asked if these would be latchkey children without the summer program. Mr. Collins stated he believed many of r';em would be. Mr. Valdez asked if this is the program that needs $5.000 to rent the Nan. Mr. Ste,~art said yes and asked for an amount. Mr. Duvall suggested that they be funded in the same amount as last year - $16,800. Members agreed nine to one to fund the organi; ation at that level. The next organization to be discussed was FairhaN n. Ms. Miller suggested that funding be left at la- t year's level of 511,000. Members Noted six in favor and four a "ainst. Ms. Bell stated that she had done some checking on them and pointed out that Ms. Harding should not have repeated what lames McDade had said. Nis. Ross asked what Nis. Harding's said about Mr. McDade's comments at the CDAC meeting. Nis. Bell stated that Nis. Harding said that Mr. McDade stated that African-Americans did not want to live there. Nis. Bell continue;' that to spend HUD money for 100°0 white, she did not agree. Nis. Ross stated that to shed some light on the discussion during the Community Development Advisory Committee meetings she would offer that 'ames McDade said that he agreed in some instances people who currently live in the minority community might not want to move that far away from family ana friends. Nis, Ross noted that was about all he said, he did not say that they wouldn't move. Ms. Belt continued that she didn't understand how the City could continue dishing out money to the program. Nis. Bell added that some people would be looking into this because, this is not the guideline. Nis. Miller stated that the average age of the household is 84. She noted that at this age. people are pretty much set in their ways. Ms. Miller said that she has spent a lot of time in the Hispanic community. It has ben conveyed to her from I lispanic families that they want to be at home with their family. Ms. Miller stated that it is also her understanding that in the African-American community (and she stated she could be wrong) that they do not want to move somewhere else. Not that the next generation. a 70 or 60-year old person may, not want to move. Mr. Stewart stated that this discussion is not germane to the request. He noted that they were talking about things that they could not verify% it is not conducive to making a decision. Mr. Valdez stated that maybe it was conducive to making a recommendation. Ile noted that nursing homes are full of 84 % ar old people and they're full of black people. 'sir. Valdez stated that Fairhaven was an insult to the community that they are all white. I le stated they should not be funded. He noted that he had just written a letter to the editor about how to get Hispanic people to participate. Nis. Brantley had a comment about the SPAN program at Fairhaven. Ms. Harding stated that moderate income were paying the same amount. A Ms. Brantley stated that we should not he funding it the same way. Mr. Davenport stated he had a question about last year's budget. Ile stated that there appeared to be an unspent balance in previous years. Nir. Collins stated that Fairhaven did not believe they would halve enough funding for everyone ~ who needed service. So, they changed the service time from one hour and 15 minutes to 45 minutes so they could sea c more people and they mfg-°stimated. Mr. Collins also noted that they are on schedule to spend all of their current year funding and are back up to one hour and 15 minutes. Mr. Stewart called for 0 another Note for funding at $11,000. Six were in favor and four against. Mr. Stewart again stated that specific council recommendations would be discussed at the end. e J Starting G.er. Inc. was discussed. Mr. Stewart asked is anyone was in favor of funding. Mr. Davenport asked if this was the group that came last year requesting seed money and the committee asked them to come back after they got started. Mr. Stewart stated that he had gotten a sizable amount of money to help • • official Minutes IISC Nlceting 3!13 97 Ilaee 9 tyomen with problems. Mr. Davenport asked if he cot the facility. Members stated he was still working on purchasing the house for a treatment taeiIity. Members agreed unanimously not to fund Starting Over, Mr. Stewart asked if anyone ryas in favor of funding TWU CARES. Sacral members said yes. Ile then asked for discussion. Nis. Bell asked who teas eligible for -ice. Nis, Ross indicated that it teas anyone from Phoenix or income eligible. Nis. dell relayed a story Larding a woman who could not get her blood pressure checked there. Nis. Ross suggested that they ask but, that this did not sound like their normal procedure. Nir. Stewart reminded members that part of the reason for the large increase in their requc , as going from half a year of support to a whole year of support. Mr. Valdez stated that they are not doing any treatment, they are doing patient education. Ile mentioned specific cases of hypertension and diabetes. Nis, Brantley suggested funding at $20.000. Members favored this amount eight to two. Mr. Collins asked members to check the amount of funding needed for dental care and how the funding request was broken down. Mr. Stewart stated that members are only over the projected budget by $16.000, 'tis. Ross tt eat through the list of agencies and noted NNhether state is recommending C. 13G or general fund. If you have o question regarding the recommendation. staff will address it. Ms. Ross reviewed the list of agencies and amounts, detailing which agencies were recommended to be funded from general fund and which from CDAG. Mr. Stetyart t ointed out to members that they were approximately $16.500 over last year's level in general fund. Mr. Stewart asked members whether they wanted to reduce £urnaing or recommend an inereasc in general fund dollars to cry o ouncil. Mr. Stewart asked staff where the general fund budget number came from. Nis. Ross explainca iiiat tn;, teas the level of general fund dollars spent last year. Mr. Stew- asked tiff discussion kni the general fund budget. Ile asked if staff had any recommendation. Ms, Ross noted that it has been policy to keep the genera: fund budget as close to previous year levels as possible. Mr. Collins commented that staff can switch agencies from CDAG. Ile stated that if the committee wants to cut, they can do that anywhere and then we can determine how to set up the budget with regard to CDAG or general fund. Nis. Miller asked why the day cares were funded from the general fund. Ms. Ross commented that both had been funded from the general fund since the inception of the human services program, it is not required that they be funded from general fund sources, Mr. Stewart asked Mr. Collins if 25 agencies was too many. Mr. Collins stated that he felt he could work with that 0 number. Ntr. Davenport recommended that the committee try to cut about 50% of the overage. Mr, Davenport noted that general fund dollars have increased in small amounts over the years. Mr. Saunders stated that if he there going to cut one, he tyould come back to Denton County Cooperative Ministries. Ile stated his reason was because they're going to do the program whether the City helps or not. Mr. Duvall suggested cutting Interfaith back to previous year le%cl. No one responded to this recommendation. Mr. Valdez stated that as he recalled from earlier discussions, committee members had some problems with 0 the North Texas Challenge Program. Ile asked if he missed something. Mr. Stewart pointed out that Sir. l Valdez ryas not present when they voted on the program. Nis, Ross pointed out that there yeas no 9 ra discussion when the vote was taken. Mr. Valdez continued to discuss the program. Ile stated there was sonic discomfort with the fact that they were just working with athletes and it was pointed out that weren't working with another similar program. Nir. Stewart suggested that a motion accompany the discussion. Ile revisited Nfr. Saunders suggestion that the $7,000 for Denton County Cooperative Ministries be y~ • • r Official Minutes HSC Meeting 3/13,97 Page 10 dropped. Mr. Duvall seconded the motion. Members did not vote to cut funding. \fr. Duvall again suggested that Interfaith be cut. There was no se• and to the motion. Mr. Valdez suggested NT Challenge be cut to 57.500. Mr. Saunders seconded the motion. Ms. Miller asked if since she was abstaining did this mean she could not speak to the issue. Mr. Steuart said she could not. Mr. Valdez said he would entertain a friendly amendment if someone wants to lower that amount. Mr. Stewart asked for a vote on the $7.500. Nis. Miller asked for clarification. Mr. Stewart restated the r. otion. Ms. Ross stated that there seemed to be several people who area little surprised the program is funded. She asked if there could be a little discussion so that she may hear the committee-s feelings so that if staff is asked, they can relay the committee's feelings about the program. She noted that the committee had not really talked about the pro f, am. Mr. Saunders stated that this is also one of the program's that overlaps with some of the Parks programs. lie asked if that was correct. Mr. Collins and Nis. Ross stated that they served the ._me area. Mr. Collins stated it would be going on concurrently with the after school action site program. Mr. Duvall stated a concern regarding the athletes and the NCAA rules. Ms. Cross mentioned that she u as concerned that they would not sere kids in the high schools where it is needed. Mr. Davenport made a motion not to fund. Mr. Valdez and Mr. Saunders withdrew the motion to fund. Members voted not to fund the agency six to three with one abstention. i lie general fund budget is now $1.575 more than last year's level. Carol Riddlesperger made i motion to approve the human serices budget as set up by the members. Carol Brantley seconded the motion. Members voted to approve the total human serice budget 10 to 0. Committee members began to discuss additional recommendations that they would like to make to cit.., council. Mr. Valdez suggested that council should determine what Fairhaven is doing to promote minority participation in their program. He stated that their funding might be reduced if no progress is made. Nts. Ross suggested that the recommendation be general in that it required agencies that do not have a diverse client base be required to work on that and document their efforts. She noted that they: are other agencies besides Fairhaven where there is a similar concem. Mr. Saunders stated it was OK to word it that way but. Fairhaven. RSVP and Adult Day Care could be mentioned as examples. Mr. Davenport and Ms. Miller stated that they were in favor of a general recommendation that agencies without diverse f client groups be encouraged to market affirmatively and document their efforts. Mr. Collins suggested that next year, the question of marketing efforts could be asked specifically on the application. lie also • noted that the application or policies and procedures could be amended to reflect the priority of the committee. Mr. Valdez stated that he feels the committee should come out strongly on this issue with city council. Mr. Saunders noted that this has been said to these agencies for the last two years and they ' haven't done it. Mr. Stewart stated that though this has been brought up it past years there is nothing in the recommendation that will affect the submission. Perhaps the appropriate place is to include this in the organization's proposals next year. Tell them they a:e on notice that HSC is very interested in this issue. If it not going to affect our recommendation this year, perhaps it should not be included as a specific recommendation. Ms. ;Miller brought out the issue of programs that sere 97% minority. Mr. Stewart • agreed that the funding should go to broad-based cultural groups. Air. Valdez mentioned that the Phoenix was predominately black. !his. Ross pointed out that she believed that Phoenix had been approximately 1/3 black. I!? Hispanic, 113 white. zl / • ; • • I - h _ Official Minutes HSC Meeting 3113197 Page l1 Members discussed whether to make a specific recommendation regarding Parks and Recreation programs. Nit. Saunders stated that he feels the PART) programs should not be coming to HSC. This would free up funds to go to some of the other programs. Nis. Miller stated that she agreed, that the committee agreed to land it this yearwith a recommendation that it be taken out of the budget. Nit. Davenport suggested that perhaps the committee could fund scholarships. He stated that if it comes from the general fun, then it is open to anyone and it is full fee payment. We'd be missing the low income population. Mr. Saunders asked staff to respond as to why Kings Kids couldn't be set up as an individual organization with a separate board. Ms. Ross stated that she hdievrd citizens initially approached the City and requesteu that the program be expanded from % day. It was funded through the general fund for the Y3 day program. It was expanded with CDBG. This was the request rather than requesting that the community develop a nonprofit to support the program. Nit. Saunders stated that Nit. Davenport's comment that the participation of low income would not be assured was true. Members did not vote to mAke any specific recommendation to council. Members voted to adjourn the meeting. • • • Agenda No q7-018 _ Agenda Item v e Oate_.___~ 7- , CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 E MCKINNEYa DENTON, TEXAS 76201 (817) 566-8200 @ GFW METRO 434.2529 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: hfay 2, 1997 SUBJECT: RULES FOR USE OF THE CABLE TELEVISION PUBLIC ACCESS CHANNEL RECOALI fENDATION: Staff and the Cable TV Advisory Board recommend Option B (below). The Cable TV advisory Board recommends approval 4-I. SUALWARY: The Cable television operator in the city of Denton is required by its franchise to prc vide a cable channel for public access. This is Channel 25 of the local Slarcus system. Section XXII (d) of the franchise agreement (Attachment 1) indicates that rules for use of the public access channel 'be estabiished by the cooperative effort of the city and the grantee...". BACKGROUND: Council approved rules for use of the cable television public access channel in 1991. The current rules (Attachment 2) were revised slightly in 1994 (Attachment 3). From its beginnings, public access In Denton has had limited use. However, the city did receive a written complaint from a Denton resident who thought the rules governing the use of the public access channel were too restrictive, Specifically, he complained that the current rules: I, limited programs to 30 minutes in length, 2, required that public access users produce their progra.i s in the cable operator's studio (i.e. the rules did not provide for potential public access users who wanted to bring in tapes produced outside the cable company's local studio and have them shown on the public access channel). • The complainant also said that the cable operator (Sammons) would only show a public access program ~ O O twice in a 3-month peri icl. "Dedicated to Qualiry Sen•iee" I • - - _ • c:. -711 • • City Council Report Page 2 The person making the complaint is a co-producer of a public access program called "The Hometown" which is shown on public access in Carrollton. The two producers of this program have attended several C~SIe TV Advisory Board meetings to state their displeasure with the current rules for use of the public access channel. As a result of this complaint, the Cable Board began evaluating the rules to sce if there were opportunities to make them less restrictive. A survey was also taken to see how other cities and cable systems handle kl public access. The survey included: Austin Community Television; the city of FortWorth; TO Cablevision; The Alliance for Community WJia; Harron Cable; Paragon Cable; Cable Access of Dallas; International City Management Association; National Association of Telecommunications Officers and Advisors; and the "Municipal Attorney" newsletter. The Board learned that public access is often viewed as an electronic extension of the traditional "soapbox on the town square," where members of a community may speak their mind on any topic they choose. Writing in the November/December 1993 issue of "Municipal Attorney," telecommunications and cable television lawyer Brian Grogan states that public access is: Local programming created by the wide variety of individuals, groups and rr6anizations within a community. The channel is noncommercial and the producer typically has full editorial control. Public aaess channels, equipment and facilities are usually available for use on a first come, first served basis and the cable operator does not exert any editorial control except over unprotecttrl speech (e.g., obscenity). As the last sentence of Mr. Grogan's comments indicate, there are very few restrictions that can he placed on the content of public access programming. Rules that govern public access channels and programs generally must be content neutral. This is a first amendment issue of free speech. Again, as Mr. Grogan i indicates, there are cases of unprotected speech which can be prohibited from public accc,s. Examples include libel, slander, and obscenity. Note: obscenity, which has a legal definition, is considered unprotected speech and can be prohibited front public access. The saute cannot he said of indecency, which has no standard legal definition. The U.S. Supreme Court is currently reviewing the Communications Decency Act, a part of the Telecommunicatiuns Act of 1996, to see if a lower court ruling - which struck down prohibitions of indecency - should stand. Given the nature of public access, it is hardly surprising that many clt;es and many cable operators have had their share of problems with it, Sometimes public access users just like to "push the envelope" and test the boundaries of propriety and!or legality. Sometimes one person's art or cause celebre is another's pornography. Examples include an Austin public access program on safe sex that demonstrated the f • proper way to put on a condom using a live model (the program was pt [led - but it did get shown) and II a Kansas City public access station that shut down instead of showing the Ku Klux Klan video 'Race and Reason." The city was taken to court for refusing to show the program based on its content. The city lost the case, spent a lot of money, and still had to show the tape. Denton's existing public access rules state that the channel "is to provide citizens of Denton the opportunity to produce original programming (underlining added for emphasis)..." This was intended • to mean programs produced in the cable operator's studio in Denton, Texas. The Cable Board feels that • • this restriction should he excised from the rules, along with the 30-minute time limit on progran and that the hours available for public access programming should be expanded. Once tapes produced outside the local cable operator's studio are accepted for sho-im , it is likely that the diversity of programming _ w■M~ 71, 0 • City Council Report page 3 seen on the channel will increase. Tapes produced by national or state organizations may be sponsored by a Denton resident and shown on the channel. We may very well see programs about aids, abortion, the KKK, the Republic of Texas, religious programming, student films, etc. Some programs will undoubtedly offend some viewers. As a result of their investigation, the Cable Board also found that at the local level, rublic access is typically handled in one of three ways: L The city operates the public access channel. Funding usually comes from cable franchise fees and/or an extra charge on cable bills. The city of Fort Worth is an example of this arrangement. 2. The cable operator operates the 1blic access channel, This is the most common method of providing public access, and is how it is done here in Denton. 3. A non-profit organization with a director and a board operates the public access channel, Funding usually comes from franchise fees, grants, charges for instruction, etc. Example:; of this arrangement include Dallas and Austin. The Cable TV Advisory Board worked very hard to revise the existing Rules For Use of the public Access Channel. They produced a revision of the current rules that was acceptable to both the Board and the city's Legal Department. This document is labeled Attachment 4. Late in the process of revising the rules, Marcus Cable hired a new local manager, Karen Yurchuck, who began to attend the Cable Board meetings. Nis. Yurchuck, upon seeing what the Board was working on (finishing up, actually), offered to simply have Marcus administer the public access channel. She indicated that Marcus Cable operates public access in other markets and has rules and guidelines which are used to govern the use of those channels. Nis. Yurchuck furnished the Board with a copy of those rules and guidelines and n, tde several changes based on input from the Cable Board. These documents are labeled Attachment 5. The Board then considered two options: Option A: recommend that the City Council approve the revisions to the Rules For Use of the Public Access Channel as developed by the Cable Board. Option B: recommend that the City Council adopt rules that are limited to the language in the franchise agreement, and let Marcus handle all the rest of the operation of the public access channel. The minimum rules that could he "established by the cooperative effort of the city and the grantee" would relata to: I. priority of use of the channel (i.e., first-come, first-Smed) 2. prohibition of lottery information 3. prohibition of obscenity • 4. permitting public inspection of the complete record of names and addresses of all persons or • • groups requesting access time. The Cable Board holed 4•I to recommend Option B. That is also stair's recommendatlon. 3 • • City Council Report Page 4 Option A makes the Cable Board and the City Council available to mediate disputes which may arise between the Cable operator and unhappy or dissatisfied public access users (or potential users). This could place the Council in an awkward position, such as having to decide whether a particular program u obscene (and, therefore, not to be shown) or indecent, or merely offensive (and, therefore, to be shown, but at a later hour). Under Option B, disputes between public access users and the Cable operator would be settled in the courts, which is probably where they belong-rather than on the agendas of City Council meetings. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City Council, Cable TV Advisory Board, Marcus Cable, cable television subscribers FISCAL IMPACT. Nona RESPECTFULLY SUBMITTED: Prepared by: Ted Benavides City Manager Richard Foster Public Information Officer Approved: Attachment: N1: Section XXII (d) of the cable TV franchise agreement N2: Current Rules For Use of the Public Access Channel N3: Council Agenda item RS 09A (Agenda 94-040) 0 X4: ProposM Rules Fu Use of the Public Access Channel (Option A) N5: Marcus Cable Rules For Use of the Public Access Channel (Option B) r q6: Cable Television and Other Nonbroadcast Video: Law and Policy, March, 1995, AAA0509C E I T ; _ ~...y... ; r • • ppu 3v o_1 1 SECTION XXII. ACCESS TO SERVICES AND FACILITIES. Grantee shell provide the minimum range of services required from time to time by the FCC as its regulations presently exist or may hereafter be amended including, without limiting the foregoing, public, educational and governmental use channels in accordance with the following conditions: (a) Grantee shall provide and maintain five channels for public prograving, educational programming and governmental progrpmmiing, three initially and, in the event that the conditions of Section 5 1/2-91 of the Cable Ordtnance are stet, Grantee shall provide additional access channels. In any event, Grantee shall provide and maintain at least five channels not later than November 1, 1993. (b) The three initial channels, which are being maintained as of the data of Grantee's acceptance of this Agreement, shall be designated for the following use: I University of North Texas 2 Texas Woman's University - 3 Public Access/Local Organization (c) The access channels described in subsection (a) above shall be made available for aon-commercial use to qualifying applicants without charge when requested all in accordance with the rules hereinafter mentioned. (d) ules shall be established by the cooperative effort of Cit - an the Grantee regarding access programming, priority of use for the access channel, prohibition of lottery information, obscene or indecent matter, and permitting public inspection of the complete record of names and addresses of all persons or groups requesting access ties. (e) Should a dispute arise between the user of an access channel and the Grantee relative to the quality of the audio or visual signal, at the request of either, the dispute will be submitted to an independent engineer to be jointly selected by City and Grantee. The party requesting that such testing be performed shall be required to pay for the cost of testing and analysis performed by the engineer, unless the engineer shall find that there is a distortion of signal quality. If a distortion is found, the party responsible for causing the I~ 0 0 distortion shall pay the cost of testing. (f~ The Grantee shall provide "A/g switches" and "lock boxes,' or similar parental control devices, at a reasonable price to an/ subscriber upon such subscriber's request. PAGE 15 s r • 0 I I I RULES FOR USE OF CABLE TV PUBLIC ACCESS CHARNEL The following rules apply to all individuals and groups who request the use of the Public Access Channel provided by Sammons Communications, Inc. The intent of this channel ie to provide citizens of Denton the opportunity to produce original programming for showing on the Public Access Channel. Definitions: Public Access takes three forms, Individuals, Groups, and Users. Individual Definition: Any resident of Denton who comes to Sammons with a program idea. Sammons will provide a Producer/Director and crew to work on the project. Group Definition; Any recognized non-profit organization which comes to Sammons with a program idea. Sammons will provide a Producer/ Director and crew to work with the group. Usrr Definition: Anyone who has been through a Sammons training course. Users will be allowed to produce a program in the Sammons studio. Public Access Users must provide their own crew and tulent. Rules: 1. Public Access programming must not contain: A. Libel, slander, or defamation of character, B. Lottery information, 19 C. Material considered obscene or indecint according to community standards. i 2. Sammons will maintain and make available for public inspection during regular office hours, the names and addresses of all persons and groups requesting access programming. • 3. Grcups or individuals requesting access programming will 0 0 be accommodated on a first-come, first-served basis. 4. Individuals or groups will be able to apply for a studio production once every three months. AAA02857 • • Rules For Use of Cable TV Public Access Channel Page 2 5. Each program must have a script outlining the proposed production. 6. Each program shall be scheduled for production on either Monday or Tuesday between 2:00 p.m. and 5:00 p.m. A. Scheduling shall be handled on a first available time basis. B. Scheduling decisions will be made by the Sammons Production Manager. 7. Programs shall be limited to 30 minutes in length. 8. Programs will be scheduled following completion by the Sammons Production Manager. A. Public Access program time slots shall be listed in Channel 25's weekly schedule as: Tuesday 6:00 p.m. to 6:30 p.m. Thursday 9:00 p.m. to 10:00 p.m. B. Each program shall be scheduled a minimum of two times. C. Programs will be scheduled on a first available time basis. 9. Programs shall be allowed three hours for completion of production. Set-up time will be included in production time. Set.-up can begin at 2:00 p.m. on the afternoon of scheduled production. 10. Users will be allowed to use the studio between 6:00 p.m. and 9:00 p.m. on Tuesday nights. e A. Studio will be available on a first-come, first-served basis. i B. Users will have one hour to complete program. C. Time will include studio set-up. • 1) Time will be kapt by the Sammons employee on duty • to run programs on Channel 25. 2) The Sammons employee will not be available to help crew with production. However, the employee will have authority to remove any group from the AAA02857 INO • • ~caalnmw,~ Z Rules For Use Of Cable TV Public Access Channel Page 3 studio for failure to abide by Public Access Rules. D. users must provide crew and talent. 11. Individuals, Groups, or Users will be removed from studios and denied access to Sammons facilities for a period of one year if the Sammons Production !tanager has a reasonable suspicion that they are using or under the influence of alcohol or illegal drugs. 12. Not-tor-profit groups with Sol(c)(3) status may apply to Sammons for one remote puWc access production per year. A. Scheduling of these productions will be contingent on the Sammons production schedule. B. Those seeking such a public access production are advised to make application for the production at the earliest possible date. 13. Individuals or Users must be 18 or over. Anyone under 18 must be under the direct supervision of a parent or guardian who will assume responsibility for the production. ` 14. Decisions made by the Sammons Production Manager may be appealed to the Cable TV Advisory Board. 15. Decisions made by the Cable TV Advisory Board may be appealed to the City Council. • i • • • J AAA02857 8 • a t PO®C Qua yeil 41. , , ant Q # A N}yWD1F6701{, 7EX" MUN'fGR1L BULL DING / PISS Mc1L'NNEY / DENTON, TEXA$ 76101 CrTY COUNCM REPORT M. M,)or ad HwDe, oydb cry cwau FROM: Lloyd Y. Nardi, Cory Maqw DATS: NW-M" 21, 1990 SUB7ECT: PUBLIC ACCESS MULatkOLS TV l Y S fI-A wd Cobb iY AGr Wq Wed nammmd alVmsl d dd mlwd We, Ea Vw d Cddo TV ,i Mic ASeo ftw ' (a^&a- /l). ILe, Swtd 49 and 44. i f SUMMAlY, i SoWn 7001 (d) of the Bwdlw wo mtl rid Sommwo ddw, Was dull be NUW"od by d1 mopeain mRm at City wd M Oranw nprdiq ►sso pW a miq AA [.6 INL1t 1 b A" d M. to Co M nvy d Me, for do ow of do hWk Aaao ft-md = rllrA Carmody Somrmm p alvYmIa rdo, rodd dw! ao " mrs. for" "Loft naft onikld la lb lo davmwt ~ d7 ba l Y of r" W 6c Aar1 Ch&m Y ey Y o u a oppxdtaudary is Deorao ciU1 to mo ciW m1 a prOduw a4>ed pr wmlo$ & l d s m +vSr tur rYr to iy m da wMO 1p•om. On d Lrd om ommIM Sommurs has bm agorid n tir b pmremdd upo w du Mk Aaw Ou". Sommom Wls d to r.gosr, wary dd to Mod of do domd w bo to pmdonfoo wd brvd:ar of "y-V WwW pmF®mle , A dow *wiko of do aWlny P.Mk AL. o 13" i A palodd4Aearamm R)lodkrd dr 48o1e rn at drv oo dYlwr. At dd poL.6. wR MLd do Lepd Lkpmmed a mler dw nb44 rdr fa dvdksdm Tb Lqd Lkparmrr mod, ,1.:. f. w" wwmm®ddi m rnv4' 8 do aledoS nl a. Toro Ldudad: r 1. Sp►ityN dd y Nk tttm W s c rube be pndord lousy by S~ a by (o) Dome ower(r) Y do Srnmom "10, I i y. Spwb/Ly pr4lmkko ofbory~Wn~m~a6r. { f 6!7,3568100 3i7WMETA04;4259p ( g • • . Poor Qua - - snit ~t achmvr,~C ~ 3 I w. r - a, .........w d urea d m Clq 0oanR dl'~d- { k, ek.we~ 21, 19% Apdda'DMR~ Q S RAA 2o8r2 _ , : 1. kWh'W frt Wa row d apCrsar dpanon a Fw'~ rajuati4: uaa d cea helk Aaaa y.:~ Oaoi M a ia" 6r piAet Wpwkg 7 ;Y 1. ppdfrty a d4da woa d a ballad V". 1. 46*1kl a wab VOM. I" amen 1 aid 1(fib"Q n ■ LAVM WU V"41m r Y 04 traa3W IV"MNL 1 f,'. I OOs Wv pimmmigg awls afsa auh b W aWol NO „w~•' AMCIM 1 Cy of Oasa Saainoao Oraslcrboa, prWk Aaaa un. ; h f ~ n. Y! # J d: pnpswL ►r coy wewr . f Y n l~ ~4 l^ k9~d►r• D AaWrs6aOgLlaap Anldmor: 1. CAW Awn Race - Revel L. C" Aar RaWO • C1mM, W M 1D91 ALOG Ras. L I i Lo • r Poor Quay en t ' 1rlyieNM[W [w Lrw pp ~leff AO_1 _ yo;hly- Lle RISOLVCION NO. 3dJ72 A PA OLPIION OF TXE CITY Of OtM'MM, TUfAS ADOPTIMO CA" TELEVIMl ON FMIC ACCESS RCLESI AND DECINIIMO AN IFIEMV1 DATE. MHEMI, Section RAtI of the Cable Television Franchise I 7ri§Mnt betyeen 00 City of Denton, Tales and Someone CCasuniCer tI Imo. Provides that the City and Someone must cooperatively *$tab~tsh rules for the ese of studio equlpaaat and yroduction 1 - stall for esebers of the public deSlriNq to use the public access 1{ channelsj and KHMLAS, the City Reneger has TOCOssandad adoption of the attached Public Access Rules, wbM provide for the use of studio equipment and pcoduction staff to Qualifying members of the public, NO11, TMl?2MAE, THE COUNCIL OF THR CITY OF OLrrOM, TUAS KEMI RESOLVISN R ACTION I. That the attached Public AC 018 Rules Kra hereby adopted by the Council of the City of Denton, Testa. SICTIOM if. That this reeoluclon shall Woes effective Iasedlataly upon its passage aM approval. PASSED AND APPROVED this the day of 140 T y, Tc i~ ArrLSTI I d01Mi Fri MALTLRS, CITY SEC mmy e Syl APPROVED AS TO LEGAL FORRN Y MICRAIL A. IJ-QU -ACCjMO CITY ATODPSIy • i RYl / ~ • • i ~1 • 1 • Poor Qua unentt '~~~QC1,t„ak.~ ~ 3 I ` ~r~eea~'r~-~(s L•44 i 40b12 MIS POI gas Cl CAaLI TV PUBLIC ACCHS CIAM ML Mr following rules apply to All individuals and groups who raquoat the use of the Publ lc Access Channel provided by Bman1 Coasunicatlons, inc. She intent of this cN 01 in to provide citiaens of Denton the opportunity to produce original progabsing for showing on the Public Access Channel Definitional Public Access takes three forms, Individuals, Groups, and Users. Individual Definition! Any resident or Denton who cocoa to ' sAUons wltA a program idea. sessions will provide ■ Producer( Director and Grew to worA an the project. Group Definition! An recognised non-profit argent cation which comas to seasons with a program Ides seasons will provlds a I Producer/ Director and crew to work 11 with the group. f Vsea Definition: Anyone who has been through a Sammons ' II training course. Deers will be Allowed to produce ■ program in the /ameons studio. Public Access Used butt provide their own Crew and talent. AuSas! 1. Public Access ~rogr..mming must not contain! A. Libel, slander, or defamation of character, • {I I. Lottery Information, 1 C. Material considered obscene or indecent according to i. community standards. 1, seasons will maintain and take available for public inspection during regular office hours, the names and addresses of all persons ar4 groups roqueatlrp access program Ing. 1. Groups or LM ivldatle requesting access programming will I be eaeommodated an • first-come, first served basis. , ® 1. Individuals or groups will be able to apply for a studio >D production once every three months. AAADI1s1 1z -7 7 'a 7 • • Poor Qua Men+t ~~achw,Qt,~ ~ 3 ~ I Pulse For use of Cable Tv Public Access Channel A 0 +110~'~,R[a~-~+- Page 3 IL,e~ 12 5. Tech program must have A script Outlining the ProPOead production. a. Each program shall N scheduled for production on either Monday ar TusadaY between 3100 P.m• and 5:00 p.m. A. Scheduling shall be handled on a first available time basis. a. Scheduling decisions will to made by the tasmons Production Manager. c~ 7. Programs shall be limited to 10 minutes in length. rl s. Programs will be scheduled following completion by the Sammons Production Manager. i., :y A. Publia Access p.ogras time slate shell be listea in CnanneI 350M V801Y Schedule 091 Tuesday GM p.m. to 1110 p.m. Thursday 9100 p.m. to 10100 p.m. 1. tack program shall be scheduled ■ minimum of two times. C. Programs will be scheduled on a first available time - basis. 9. Programs shall be allowed threo hours for Completion of I _ production. Set-up ties will be included In production E rise. Sat-up can begin at 1:00 p.m. on the aft "noon of ached,led production. it. users will be allowed to use the studio between 4100 p.m. ! +r±, and 9100 p.m. on Tuesday nights. r A. Studio will be available on a first-ccma, first-tervad hamio. I. Vesra will have one hour to complete program. C. Time will Include studio set-up. • 1) Time will be kept by the Sammons employee on duty to run progrsam on Channel 35. 3) Tha isamoas employee will not be available to ` hely craw with production. However, the ample so will have authority to remove any group from rte ~ AAA03 457 i 13 ~ • • i Poor ua eat i A• r~.. `mil Tt Ol tl-lyre t.~~ 3 I ' s ~ I T' Rules for Use of Cable N ;cnC:MO ' , /r+ r Puglia Access channel Page 3 t studio for failure to abide by Puglia Access ++v pules. f D. Users must provide env and talent. ~ J. 11. Individuals, Groups, or Users will bs removed from studios y and denied access to saoons facilities for m period of t rn M}j one year if the samfoM production sianager has • reasonable susplc&*A that they "a using or order Ns lnlluemee of tl,ohol or illegal drupe. .`r sr J•!lp set ' 17. Met-for-pprot it =With 501(c) (7) status fay apply to sessions far and reacts publio access production per Year. . kliL• '1 ..1 A. Scheduling of these productions rill be oontingeot on fr~pr the safaons production schedule. R arL J'~~f ;,y "1 Ct ' t ` ~ s. dtaad such • pionl access production are ~advlu to m, t • * s . d to xis application for tits production at the her^°~,~, eye srik sasllsst possible date. t7. Indlvidcaid or Users must be 71 or over. Anyone under 11 ,~~,•<'Y'e 'r i, 'n~+ bpi rF.y suet be under the direct supervision of a parent of y guardian Who Will assume responsibility for the .f~~ DreductSon, rA.; ~Ja yy . 'rS 14. ppealeru sate by t saswns Production Ilarugee fay be a l+, r ppasled to the Cagle le SY Advisory Board.' 15. [Nefaions fade gy the Cable TV Advioo Board fay be 1 r.. - appealed to the City Council. , rr' w ~ t r~ J"r 4 h • AAA071 S7 ~ ~l , i e 1 1 • • Poor Qua U W..Auquat eat I t.. 17, 199L ~~MInICIL RB PGR7 f0~'NY .y, e; Tot r and Nembsrs of the city couacll nayo i69ELN0 Q___ r7~ _ , ,qtr RP, yRCN< Lloyd V. Ma:ull, City X&nag*r 9 ~ SUBJCCTI Public Aecses Rules/Cesla Telsvlalon 7 !2 y, I'q ' esCCl9tOtDATICNI !y The Cable Television Mvleory Board [.camas Odd approval of the f. attached Cable TelevLsian Publte Access Rulae• ti ,yf~; k, e!nw,a 4Y/BACRgROt^!2 ~m. tt(1yLF Section q1I[ idle IJl of the City's cuireat [naehiee a9re ewdt withY Saawons comet icaticns requires that the city aM ! Cable les ragardi Co Lnlcetlone cwpecstlvelY establish ru Th 7Qwlaion Assess pr o9rnmIng. pursuant to Section XXxt. The City's Cable Television My aorr bard and Samosa eamtunleat lone 6eveleye6 y t . "A mutually agreed to • see of aeeesiM rduat W July 17, 111 moneha. These rules "to ayyrova6 by by 'JI ,4 met L119 . , } L*4SRANS. DD e~•rsx OR dROVPS ArftCT'LDt yrt city of Denton, Saswona communications, and public Access users. pi SCAL It4ACTt ~ ' I j None y~af RaspectfuuY submitted, l LTo-Y3"Y-uarr. City Nanagar • = 44 by i a All~tret s"fant, l cataeunltY service A bri g rlt' AI ' Dp iy t nice, • D`~eeau a !oAw • • IrJ ..j ;iti; e e Poor Qua _ eat r ~ . ApfidITO~Z~~FOIrp Z RESOLUTION N0. ale S; FVAPISO LIC ACC I ON E7lO NULCSTHE AND cF DEMON, SCEA! ADO P72NO CAILL TELEV LION OCCLMINO AN tyrICTIYE CASE ""I". section YYil of the Cable Television Franchise R see. toot provl Ems LA tl tthe tci ty anG iamonsn sue CooperativelyEslan b te- for iiah Miss for the use at Stud lo aqulpaent and production staff E ♦ Mlat anaH at the ➢ubl ie dulring to use the Public access ehaa- ' d° u'4~r ~0i~ NMEPEM, the City Nlneg~ y['7SVt n CeGfed ee has recommend Ad adop tien at the at- 1 + A. 1 public Atces■ Niel, Yhich provide tar tie use of studio .k 4 aqutpbnt and production .tart to "lifying papers Of the public, a~Gt NN, TYILRLYORS, e!v is~ t THE COUNCIL OR THE CITY Or DENTON, TEXAS MUSIC RISOLYEl1 !r i ityS 31 U MOM r That the Attached Papua ACCUa ltulm ■ra hereby aQOptad by the COYnall of the City of Denton, Tessa. f~ lLQU91 fY That this resolution shall became affective lm- pdiately upon its passage and approval. t PM3LD AND MPRMO this thf f 1+ isai, day at A Ct s t 3 C"TLEeLRRy~ MAYOR 1 '`c` 6 s l p: Amur, r ~ ~ JENNIFER HALTERS, CITY SICKETMY P by I i APPROYLD AS M LEGAL FORM, DEEM A, C"NOVITCH, CITY ATTORNEY pje I Ire 1b v Poor Quia~ _ east r PUSitC sass A!f~s ro,diao • c19r PUILIC ACffSf DU'"Tlah; 61} H,blic Access takes three toms: Lsdividw!s, Croups and Users 9 2 H0IV1it?~' ,fny of ldmt of Denton r}io comes to Sanrons wl th a 9arro9ru Itaa of caefarStY lnunat. Sfmcnf will ptovide s psodurDzrKor to work an the Dro7Kt and nacrssary cnw. r / Z CPO Pf 1 zed epn-DroEit otlsniration . scomes will ice! a c'c which MY tKOtni St Interest. Samoa >v11 . , a prolTV Idea of cosofn Y ~ rrcasfry aew: . P=.t"/Director to work with the 1~ r., mExltia° M thin'/h a Sea to in talnlni cane. . U"s will io. WIC s Oo Iwo been Y~ie the Suors stud 0 t be al lowed to prodece a 9rotru Access Users s,,,& provide their own craw and talent: 'idll RW: 1Y for a studio pmdxtlmm s will b* ably r: aPD Snd1r16uaL at hOq r .I4 one tim pai L1.rN fonUs. r ':j proposed pfoductioe fa fsst have a script Well" 2. Each prop roUtion m ellTer _ i 3. W prCIFTm which is scheduled for wiu p i; strdeY or Tunday between 1:00 A.K. and 5:00 r s, Sclsdullnd shell be hulled an a first available ti"' ` 0 9=lLN decisions will be fade by the Saaa Pro6e• lmcludlml any rarietton' y r~L ~ lien Menapt, ~ - A• propw shell be 111dted to 30 "'rotes to Zenith. r 16 a . . preit~ will be sraadaled Eotlcrint cmgleticrt by the Seem" f J.. S. Prodsct10n Mculer. till be listed in i, "It, Access pro/rm tLrulcu s +J1 ~''',F? die' SUesday reeklYd,~ I to 6: So p.%. ;.•y 00 F.K. t}ursday p:00 T.N. u 50:Jt .t; . J N1/OilOp1055/1 '„t 1 1') 1 ~ t • • k Poor Qua Tnent so, k, ° 1 Al~o tN~ n q. A *3 11", r r ~ Page 2 'io~ Z i ~r Cenci ADancjl Iga>~ 4. Each program %hall be mcheduled a ales lkiaue~ C, Program will be t:"Ied m a fiat available ILm" yt bu J. J. Scheduling decitlons will be made by the Sanatoria Productim Hamper, lncludimg Any variations, t. 6. Progrw shall be allowed three hours for completion of produetim. Sena tine will be Included in production time. Setup can bejin at 2;00 P.M. on the afnreoon of Ached,led production. 7, Public Access Users are thou qualified to we the acluipnmt by having completed a Sawmma tninlig course. 1, Uwn will be Allowed to we the studio bernm 4:00 P.M. W 9:00 P.M. m Tuesday nighu, !A; a. Studio will be svailabls on a tint come, first serve - Ca; Py , b, users will have ors hour to complete progrm. a Ties will include studio setup. ;t ~w w (1) Tine will be kept by the Saesma employee m duty to ' run progrw m O"Al 21, v, (2) Sonoma employee will mt be available to hasp craw with productlm. Hoever, emplane will have we w- tty to rove any fm studio for failure to ti n We by Public kuntiles. 4 , d. UNr1 must pT"ide crew W talent, P. Indlvidali,'Croups or Users will be resond Era studios W dmild access to Saaetra facilities for a period of ore year if they An tr. foCmd to be wing at wider the influence of alcohol or illegal tYv drug. 10. lecopd:ed nom-profit g Snow for w mote P sc the llntodtmmtiCaunasapemritnuy apply to 3 ublikuask p,say A. =I* of these progress on the fatlnl of Carols, * r y hntm Clvie Ballet, North Tens SyTphmy. h b. SchdJmling of these productive w+l Dt cMTL%Mt m t)r s es prods him schedule. a . + i (1) Rose seekLtt ouch a Public kcue prodwctlm on r i /r eaMsedtto sold Applicatim for the production at the possible 4u. I-dividals or Users suae to It or over. Anyw under 11 smut be s slvacred by a paint or gwrdim. 11, kcssa Program mat rot cmtaln, s. libel sluder, or de ,cation of two,tea, b, Motor(.] considered ,)Dooms accar,14 to coieamlty atu- darda. C. My foes of nudaty. s 1Y1iaa9Plo+ln ~ i _ . - - was 0 • e Poor Quad # Ument INS w r <Ay:.[ auaPe 1MMS, Jul+ 1•, lpdL pipe : 'sp:lhflYd#.--+3.31`~L7.• ~Iee ! 1 Erect of ;ranlmass sore able! vAen exirtmg cable am defic I en ent. I. Sp11c 1n1 of reyU:er<nt etectronlc tonpounte into the cabin. S, Otlcorwecttng cust,zer1 from the Old table Ltd re:onnltting them to Cho nn cable. I ha also presented a rap on which us illustrated the rabutld and expan- Ifon items among the various pecprtipAfoI parts of the City. ,Mr, Enlw j pan the map to the city and promised to produce teem re&ced•ii:e copier for the board, She Acrd questioned Mr. Lnlw about various aspects of the rebuild and "•'x' a rice, W. Site stated that upgraded cable Service could be avail. a61e to "north and northeast areas of the City within nlnety dari• N. . She rebuild in Smthridpe should take place Ole fall. !tr. tuiper ruglosted that the r oiddeente of Southridge be lm•ited to a public i / aeetinl at which the rebuild process would be explained and that Salmons ds. I~ could also I" out a cutler an the subject. t ~4} ITEM ra; OISCUSSION RICM ,NG TTUNTSL`L OF CITY MMIL WE'TIVrS 1 f.' SII r,"~. Bat Angelo stated that he wild proceed with the Li Lung of a demn• y[,, titration video during tha evening of the weer of July 1/ as soon as the Cane11 Uaoben wen net N use and he could coordinate the filming with SUMMA Coemou"tiou, The video will be shcv, at tha kud't August meeting. i An`ela asked John. Lil•er If the use of Wr interne would affect the vldeo'a quallty. W. L•iper nspolded that the greatest effect upon W vldeo'1 craality would :e Si&h Urg am that filming world take plug / t~, w,. under rarlGw lighting scenarios so that they could be }udped and ry t coapated. The interns would be responsible only for camera operation ,1:.. ~ii~,.••- and under staff supervision. PC. Luiper suggested that the City Council cosider TWO broadest of ri w r' i its meetlgs and also the public Scats Lopliutios of televising and v broadcaating their touting. VIII IS: PUBLIC ACCINI AIRES AS NUMSED BY AOAAD AT MM 19. J991. ICE11% h ' C.C. Seaton moved and John Urr seceded motion to fend Public Access Riles or. to the City Cc ncll with Seconded that they be adopted . .Y all Eyes. S• lVl/OJIIg101a/2 ' i r I I - tQ • • Rules for Use of the Cable TV Public Access Channel in the City of Denton, Texas The following rules apply to all individuals and groups who request the use of the public access channel in the city of Denton, Texas. The intent of this channel is to provide residents of Denton, Texas the opportunity to produce or provide programming for showing on the public access channel. 1. The public access channel is available to any adult resident or authorized minor of the City of Denton, Texas. Minors must have an adult City of Denton resident sign the Statement of Compliance form. 2. Public Access programming must not contain: a. Obscene material; b. Any lottery, or any advertisement or information concerning any lottery; c. Any advertising; d. Any promotional material presented for the purpose of solicitation of money or other things of value except for charitable causes or organizations; e. Any material which constitutes libel, slander, invasion of privacy or publicity rights, unfair competition, violation of trademark or copyright, or materials which violate any local, state, or federal law or regulation. I 3. The cable operator will maintain and make available for public inspection during regular office hours, the names and address;s of all persons and groups requesting access programming. 4. Users of the public access channel will be: a. A group or individual who produces a program in the cable operator's studio (locally produced). b. A group or individual who produces a program outside of the cable operator's studio but within the City of Denton (locally produced). c. A resident of the City of Denton who provides a program which has been produced outside of the City of Denton (locally provided). • 5. Groups or individuals who wish to produce a program in the cable operator's studio must make arrangements with the cable operator concerning production personnel to be ! used, The cable operator will provide rules for use of their facilities. 6. All tapes submitted for showing on the public access channel shall conclude with the following message: "This public access program was produced by (or - • provided by ) (name of person or group), who/which islare solely 0 • responsible for its content." AAAOS I!0 zo ~MM +.n • • Rules for Use of the Cable TV Public Access Channel in the City of Denton, Texas 7. It is the responsibility of the producer or provider to obtain any necessary approvals, clearances, licenses, etc, for the use of any program material which is cablecast. 8. All users of the public access channel must sign a Statement of Compliance, which will be furnished by the cable operator. By signing the Statement of Compliance, the producer/provider agrees to indemnify and hold harmless the cable operator and the City of Denton against any and all claims as therein stated. 9. Programs that identify supporters' contributions may only use the term "thank you" before identifying the contributors in the credits. 10. Minimum hours available for showing public access programs shall be from 6:00 p.m. I to 10:00 p.m., Monday through Friday. 11. Groups or individuals requesting use of the access channel will generally be accommodated on a first come, first served basis. Priority for scheduling programs shall be given to 30-minute programs. Since the cable operator is required by their franchise to produce 400 hours per year of local origination programming, priority for showing programs on the public access channel shall be: a. First priority to local origination programming. b. Second priority to locally-produced programming (on a first-come, first-served basis). c. Third priority to locally-provided pr. amming (on a first-come, first-served basis). 12. Tapes submitted for showing on the public access channel shall be a maximum of 60 minutes in length. Tapes must be in a format that is compatible with the cable operator's playback equipment and must be of good technical quality. The cable operator is not responsible for the return of submitted tapes. 13. The cable operator may refuse to show a program that violates any of the above rules or any other applicable local, state, or federal laws or regulations. • 14. Disputes or disagreements arising between the cable operator and public access producers or providers of tapes should, if possible, be resolved between the cable operator's staff and the producer or provider. Disputes that cannot be resolved between the cable operator and the program producer or provider may be brought before the City's Cable Television Advisory Board for resolution. Decisions made by the Cable • Television Advisory Board may be appealed to the Denton City Council. • AAA0i150 Zj • rte, e CITY OF DENTON PUBLIC ACCESS CHANNEL STATEMENT OF COMPLIANCE I have read and am thoroughly familiar with the contents of the Rules for Use of the Cable TV Public Access Channel in the City of Denton, Texas. I am thoroughly familiar with the contents orthe program material to be taped and/or cablecast and agree that it will comply with the Rules for Use of the Cabe TV Public Access Channel in the City of Denton concerning the prohibition of: A. Obscene meerial; 8. Any lottery, or any advertisement or information concerning any lottery; C. Any advertising; D. Any promotiona! material concerning products or services presented for the purpose of any solicitation of money or other things of value except for charitable causes or organizations; E. Any material which constitutes libel, slander, invasion of privacy or publicity rights, unfair competition, violation of trademark or copyright, or material which might violate any local, state, or federal law or regulation. I assume full responsibility for the content of all program material cdblecast and will ensure that such program material will not violate any right of any third party. I have obtained or, before the programming material is cablecast, I will obtain, all approvals, clearances, licenses, etc. for the use of any program material which is cablecasi. I understand that program material which could be considered offensive, or otherwise unsuitable for young audiences, may be preceded by a caution to viewers that the program could contain mWrial that could be deemed offensive or unsuitable for young audiences. 1 also understand that such programming may be shown during nighttime hours in older to ensure reduced exposure to younger viewers. I indemnify and hold harmless the cable operator and the City of Denton against any claims arising out of any use of the program material that I have cablecast or any breach of this Statement of Compliance, ins udi but not limited to an;, claims in the na :re of IiM, slander, invasion of privacy or publicity right, non- compliance with applicable laws and unauthorized use of copyrighted material. I understand that 1 may be criminally or civilly liable for producing or providing such material which Is cablecast, • 1 shall not use the public access channel, equipment, or facilities for any financial gain or other commercial purposes. 1 have read and fully understand the above: Printed Name: Signature: Address: • Late: City: 11 • • Zip Code: AAA(M 130 s M ail ♦ (ad1e~~~~~ , CITY OF DENTON CABLE TELEVISION PUBLIC ACCESS CHANNEL GENERAL STATEMENT OF PURPOSE I Freedom of speech, as guaranteed by the First Amendment to the United States Constitution, is a basic, defining principle of democracy at the community level, both for tt, general citizenry and for the leaders of municipal government. Robust and open discourse, through public access to television, promotes the social health of the community. The cable television public access channel in the City of Denton, Texas is available for programming to provide fair and equal opportunity for all users thereof. All rules and procedures for the use of public access resources are based on the principle that each program's creator (producer), or provider, is personally responsible for his or her expression and that this is the best means of guaranteeing individual freedom of speech rights. Therefore, it is the producer, or provider,-not the City of Denton, its officials, or the managers of public access resources-who is completely and solely responsible for the exercise of his or her free speech rights, and any legal consequences arising therefrom. The legality of any given speech or expression may only be determined by a court of law. The City's role is restricted to providing a conduit for the exercise of individual, non-profit, free speech and it, therefore, assumes no responsibility for the content of such expression. Producers' free speech rights are protected and enhanced by public access television. But the responsibilities inherent in the right of free expression should not be taken lightly. It is the producer, or provider, who must analyze the effect of his or her program on the community and determine the appropriateness of the material to be cablecast, and who must weigh and r understand his or her liability. This is the price we, as free citizens, pay for the opportunity of free speech in America. • • t ~ • O 1 AMaua i _75 e • QS'(CAt,~,r•,a„T ~ S Marcus Cable Denton District 205 Industrial St. Denton, TX 76201 Standard Access Use Agreement i Should my (our) application for use of access be granted, I (we) will abide by all ACCESS PROCEDURES and OPERATING RULES & REGULATIONS. I (we) understand that should my (our) application be granted, I (we) must execute a Program Agreement before any Programs will be accepted for cablecaq. I acknowledge that I have read these Agreements and will abide by the intent herein. I acknowledge that 1 have read these Agreements and will abide by the intent herein. I further acknowledge that my services are not being reimbursed wither monetarily or through any other gift compensation, understanding fully that the access-related services are for the purposes of community programming. Signed this _ day of 19 Applicant's Signature Signature of Co-Signer (if required) (For Company Use Only) The above application has been reviewed and is recommended for: • Approval( ) Disapproval( ) Comments- Dated: 14 . Reviewer _ 0 0 • • i Marcus Cable Denton District 205 Industrial St. Denton, TX 76201 Standard Application for Public Access Channel Use 1. Applicant's Name 2, Representing Group (if any)__ _ 3. Applicant's Address- 4. Telephone # _ Business Phone # I It is my (our) desire to reserve time on an access channel for the purpose of cablecasting, if suitable, programming produced by (Individual or organization) A. Title of program - B. Author(s) C. Producer(s): _ f D. Run time in minutes and seconds (Please be exact.) II (Include the time required for production credits, source identification as is required under FCC Rules and Regulations) • E. Format required: 3/4" r F. Part of a series? Yes_ No Program changed each G. Preferred air time for program: • Day/Date _ Time • ~s 2S • r • H. Description: A narrative description of the Cable Program (Program) has been prepared by or under the direction of the undersigned Applicant and is attached (Exhibit A); it is an accurate and reliable description of the Program. 1. Requested Times and Dates: It is understood that the scheduling of programs on the cable system is subject to 1) the availability of cable channel space and time, 2) prior requests for cable presentations and , 3) the availability for use of the equipment and personnel necessary for such presentation. 1. Technical Specifications: Programs will be accepted on Va" VHS, or 3/4" video cassettes which are compatible with the system's cable casting equipment. Programs will not be considered complete, and therefore will not be cable tasted until the following is completed: (a) All tapes must be legibly labeled (t)ped or printed) on both the spine of the tape box and cartridge Laoei information should be identical to the slate information, and must also include the air date(s) of the program. (b) All programs must be accurately timed to the second; this time shall be prominently displayed on both the spine of the box and the tape label. (c) By virtue of such program being delivered to the Company for airing, the Access Producer represents that all necessary guest releases have been obtained. Applicant shall indemnify Marcus, its officers, agents and employees and the City of Denton and its officials, elected or appointed, and hold them harmless from all claims, damages, liabilities, costs and expenses incurred in connection with any claim arising out of material supplied by the Applicant or the cablecast of any programming by the Applicant which violates any copyright, right of privacy or literary or dramatic right. I (we) have read the terms and conditions set forth in this Application for Public Access Channel Use and have read and executed a Use Agreement and a Program Agreement, and should my (our) application be granted, I (we) will abide by the Rules and Procedures and adhere to the stipulations of ail applicable agreements. Signed the day of 19 Name of Applicant Signature of Co-Signer (if required) I I 2.6 • • .r • • j 1-~ AL 1' ] Ylf, QN, 1 ~ S Marcus Cable Denton District 205 Industrial St. Denton, TX 76201 ii i Standard Access Program Agreement This Program Agreement must be completed and signed by all persons requesting the presentation of program materials (hereinafter referred to as Cable Programs) over cable television systems owned and operated by Marcus Cable (Marcus) whether or not the production of such programs involved the use of the system's equipment. 1. Request for Program Presentation: The undersigned, Dame Street Address City, State, Zip ftrk phone Home phone- requests that Cable Programs be accepted for cablecast over the Marcus system. Applicant's Warranties, Representations and Understanding: In support of this request, the j undersigned applicant represents, warrants and agrees as follows: • A. Applicant shall indemnify Marcus, its officers, agents and employees and the City of Denton ill and its officials, elected or appointed, and hold them harmless from all claims, damages, liabilities, l costs and expenses incurred in connection with any claim arising out of material supplied by I Applicant or the cablecast of any programming by Applicant which violates any copyright, right of privacy or literary or dramatic right it • f { O • I I it + L~ • • ~oxcl,me,.-.~ ~ S" B. The Cable Programs comply with and meet the requirements of the programming Rules and regulations of the Federal Communications Commission (FCC) applicable to cable television systems, including but not limited to the following specific Rules and Regulations: 1) Obscene Matter: The system shall not transmit nor permit to be transmitted material that is obscene. (A section 76.215 of the FCC Rules and applicable C'iy Ordinances I 2) Lottery Information: The system shall not transmit nor permit to be transmitted any advertisement oror concerning any lottery, gift enterprise or similar scheme The determination as to whether a program constitutes a lottery depends upon the facts of each case. In general, a lottery requires a viewer to provide something of value (Consideration) and the receipt by the viewer of a prize is dependent upon chance, (Section 16.213 of the FCC Rules.) 3) Sponsorship Identification When the cable presents any programming or matter for which t money, services or other valuable consideration is either directly or indirectly paid or promised to, or charged or received by, the person or persons supplying such programming for presentation on the system, shall make an announcement that such matter is sponsored, paid for or furnished, either in whole or in part, and by whom or on whose behalf such consideration was furnished. (Section 76.221 of the FCC Rules ) C) The Cable Program may be underwritten in the form of monetary or other compensation, however, no commercial video or other type of advertising may appear in, on before or after the program promoting the sale of commercial products or services of the underwriter(s). The credit shall be no greater than twenty-five percent (25%) of the vertical picture height and shall not remain visible for more than four seconds, however, in no instance shall their phone number be present, D)The Cable Programs do not contain any material, statements, pictures, utterances or representations which are known or with reasonable care should be known by the Applicant to be untrue or to constitute a libel or a slander. F) The Cable Programs comply with all local and state laws as may be applicable to programs or program material presented through the facilities of a cable television system, F) The Applicant will promptly, courteously and properly respond to any and all public or FCC inquiries or complaints received by it or by the system concerning the Applicant's Cable Programs and will ac%-ept full responsibility for any such complaints or inquiries. G) Upon written demand, the Applicant shall hold harmless and indemnify Marcus for all • expenses incurred in defending itself from claims or charges under the copyright laws, the FCC Rules and Regulations, the laws of libel and slander, the laws pertaining to the rights of privacy and any other claims, liabilities, expenses or charges against Marcus arising from or caused by the presentation of Applicant's Cable Programs. Applicant shall give Marcus notice of any such claims, demands, complaints or inquiries within three days of receipt thereof. 29 j • • - t T7 A c~1 vr,, S H) Applicant will be fully and solely responsible for the delivery to Marcus in good and safe condition of Applicant's Cable Programs and for the pickup of the programs after presentation on the cable system. Any Cable Programs not picked up by Applicant within 60 days after the completion of presentation shall be deemed abandoned by Applicant. It is Applicant's understanding that except for willful or wanton negligence, Marcus will not be responsible for any damage, loss or destruction of Applicant's Cable Programs during the time said programs are in possession of the system. I) Absence of Control of Program Content: Marcus shall not attempt to control the content or message contained in Applicant's Cable Programs except: a) In order to minimize exposure to children of programs which, in system managements' judgment, are not suitable for viewing by children (even though not obscene or indecent), the system reserves the right to schedule such programs at times when children normally will not be viewers, i b) System management or their designated representative may pre-screen or take appropriate steps to ensure that such programs comply with the requirements contained in Subparagraphs A through C herein above and that the Applicants' program meets the Company's technical standards Such steps may include, but are not limited to: (I) requesting that the offending portions be deleted, (ii) requiring that the technical deficiencies be corrected or (iii) refusing to allow the program to be cablecast on the system. I) Political Cable Casting: If you permit any legally qualified candidates to appear on your program or use your facilities or the facilities of the Company, ygu must afford equal opportunities to use those facilities or appear on your program to every other candidate for that office. Use of your facilities or program is defined as; The identifiable appearance of the voice or picture of the candidate An appearance need not be authorized by the candidate to constitute a "use". The same criteria above applies to political editorials, except that if you cable cast an editorial endorsing or opposing a candidate, you mast send to all other candidates for that office who you opposed or did not endorse the following, within 24 hours after the editorial is showm: (I) notice of the date, time and channel of the editorial, (ii) a script or tape of the editorial, (iii) an offer of a reasonable opportunity for the candidate or a spokesperson to respond over the system onxour program. Under no circumstances will political cable casting or candidate appearances be permitted to run on ht system less than 72 hours prior to the election unless the opposing candidate has been notified of such appearance in writing and has waived his/her right to equal access in writing. All such correspondence must be sent to the Company. Note: All correspondence sent to candidates must be simultaneously sent to the Company. e 0 0 Z9 • • i l Nc0,c}-1w,Q S- K) Presentation Without Cost to Applicant: It is understood that the carriage of Applicant's Cable Programs on Marcus' system will be without cost or charge to Applicant for the use of channel time. L) Scheduling of Presentations. Subject to the acceptance of this Agreement, it is understood Marcus will schedule the presentation of Applicant's Program on a first-come, first-served basis. The Company, however, reserves the right to limit the amount of time granted to any one party in order to ensure that all users have access opportunity. It is understood by the Applicant that the final selections of programming date and time in all instances, will be made by the cable system at its sole and complete discretion and judgement. Signed this day of 19_ Signature of Applicant I I Signature of Cosigner (if required) i f t_ ,~ti . i • • • PROCRAM CO\TENT S i.OM1l1~ i I 9 6.04 PuMic, Educational, and Government iPEGI Channels Ca~1 ~21 Q V s o 111 Inlrodurtion ` Section 611 vats sremi sgly extensive power in the franc Kiwi to es- W labtish public, educational, and government channels. The required ap n - C\ O~ YN ~ ` wL rcu channels represent a modern realisation of the ancient ideal of a free arket ace of ideas. m vWon of the first amendment that draws on the Creek lemoc ratic v , o ideal of robust public discourse would include multiple publ, c fora, such a parks and streets, where there are oo sign Meet t entry barriers, eco- nomic of otherwise, and where freedom of speech and aw.ob!y would x be piscliced. To this might be added a Oat print media where the cost of competitive access is relatively low. Today. this is not the rrahty Must of the public now gets the news from television rather thin frum soapbox orators in parks, and the newspaper industry his become a very expensive one to enter.' Of course there are new media for di, seminating ideas'. direct mil, computer networks, cffsel pre%srs, and v pholocopying. But television and radio appear most effective to influ- YN IL linenpublic opinion. While the sdoctrine requires: hatbrorivy W 1-- a ticenstts present contrasting views ws on matters of pubin' mulravrny, this does not ensure that individual spokesmen have access to Ihat meduJ Y- Local Rov'emmenls, however, have attempted to create a more di. root right of assns lot a vl m ± 7 requiring. in some cnmmuni I lh, one or more channels devoted to nontrommervtial ubllr access. In pu is pads, libraries, thealrrv, an other ^ a sense, cities thal ve I ti ` _ m S l5 % C, publle fwa to encourage, or M kit permit speech and have supported J school newspapers and public broads" stations view cable a$ the next public forum: W iik few municipal governments have acIvAly built their own cable systems, many have required the deslyr::M privats O ! franchisee to build systems with extra channels for public,.ducational, • ! and government (PE;C) accesas r I Miami 11nald PublWdnr Go v Toronto, t 1a US Ill. 1501197/1 I"eron.ana' and InMobrieal C"M have ptacrlda W a fir hand) the pa+e1 IQ id M the A"rKan pe"k Mul lhope 9Ab, apku-1 ICatambla 6r.&S Tina Sea., IM r. Ikrnarutk NO 1 C.M. , e )S U S 94,1 N a See Mac Kenna. r7w (iMraKn/Aaerrs 1t. WrAhtir afrn rnprlfhwnAre'70\a1'I - 0,It Rev Sm11991)Om addmCanalwara samnundves ha. v Ir*d la lm prm a kmA rorornunkal ion is W "QW10 the eable opnalor ar@ IQ P.Owe bral prnrrammina • Suck"bed oeivrial."wo upheld w, chic aaa Cable ti,mmun9d evni Cheats Cable lRe4eaw NR, 31951 6-71 0 1i r • CABLE TELEAISION PROCR,ASICpS7F.N'7 S 6.04111 b.DA)1 11) Hislwy of PEG Channels tary Jurisdlct ion)." the rutes were held beyond the power of the FCC " iny Acco ss channels first appeared In the 1950s. [luring the franchising Miduerl Vidroil upset the public wee arrangements in rr Nis terns In many franchise agreements there Nat no mention of access orli of r t, New York City, a number of bidden proposed to provide local obligations except for a clause requiring the operator to ulisfy all FCC reside sidenh with the equivalent of an electronic soapbox. Since July 1971,IhrlwocAblecompiniesfranchised inManhattan have been re• wt..pUS c115J(M"arYrtonrnp`.aM yn.G.,t.na.h.nna ydermra quired to provide two public acce% channel to be administered in se- • a,mrtwn c.rm " n The Eighth Cocas Coati I Appr.h.1.o sugnled th" user ruler 1-101 uoLte Director with interim regulations promulgated New Yid City - the Rr t end Will, arnersdmrn, FCC r Milieu vdeu G.1p, 371 F td 1025, 111Af u Director of FnnchiseL' These ruin mnstituled the e fire regulatory ay inky, Car 1976, .11'a. 440 U s rata 19791 And Iha L 5 Saprrmr C:wn Is- trrepnued proach to public access I that the vim 'w na hr. ulou. ' 440 U s i t 769 n 19 Weir trn,rr, um a Md. err 1,dr,= 1I F...d public aeKY equNeMNs Io he confhl W WI" DN,rh (Able„Ni n, IM . fn 1!+671, the FCC m4dr its firs) observations about free access. It United stets, 613 F saw I ID D C !993), else Telrrummcmr.hont• Inc r I a, if noted that its rrgulations d,d nor prohibit the provision of access sham Frw, 639 F Sapp 5M, 596 601 N' D Pa 19676 Rrrs.hcr Ctbler nWn, 1no r Hor4. 371F Supp 97141111x, it) A119611.,.~vrdeu m,.,r 77JF iii l}, 1.15 (;Iro nets to intr p. enco candidates, w other a ovation den. Kd.h, 1994 N V Mar L!'.%13365(5 CA NT 19941 Snr7m Pigbol Fn1, ryn, nkt f furth eq encouoginseap eri m enlali ors n and d Inn inn ovation IM r Publ. Sr,. Comm n dPunm Arco, 69,1 F Supp 401,4121DPA 19M, a(f'd, ing year , it t w eeI with areeuchannels' tnits1972rules the Commission requtrrdcable 966F2d2311esCm 19901Idetmsthatbathktwdsndpublaecr y1ptM"pmm'd,on of ores meendmenl ralun"I. Teieut C.blevi.oi Inc I Qty d A,.wra Reach. 773 F 1 operAlon to guarantee accrsslo three Proups mem no/the commu Supp 76](SDM19611Ihu:d,na wrru prosnmmmsntanlenr neu(rd sndlh., Plc my e ocatlona l-snst tuh,)ni.ondlmatgosernmenls Mrs rwns,lllu am•w r6mnrh"r.p.ndA`wIaIk.ourcn dmfwm.twn.multoy the dnrn,trd„r. panb wd 1hW Woo Fires Amec,Amrnl lnlnnl. "1 0,0m Cen1u+1' Yrd. Lu' r 1'dY I fnl group Nas to chosen by the table operator, the when by the dP.I. Ah..&46 F S. y 1163i%D CV 19664 etM1wldunnwd, 041 IUM11oIWW1 designated user( Inor rubs! on Cable Ad1. Croup W Ceble, Inc . Car or S.H. Crux, MV l Sit, V54 3 (il 1967Eandwr Pwdr N'en GbieG . O.y y d 5wumrnra , 679f Sulp O 1:1 In FCC e. Afidurtl l'idna G1rv (Midairit T'idm Ol.' the Supreme (%D D Cal 19671. .Im~ public ecrureyunem-01 be Mli 672+ SUN! A N I, Court found, in essence, that such rutm required cable tysteci s to act (ED C. pd1ttJ Incnd. usher th esy; rtent neulrel anal be monsiolu r~11, irol, as common carriers Because Congreu had specifically prohibited the tun. IM Cuy d tat Anseks, 47 A A!d 367 IC D C01 19901, t+nreda r~nw II , F 3d 1147 (9th Or 1991), rn1 den - U S - t196a4 (hoMm6 11.1 puM9 liens rn es FCC: from imposing common carrier regulations on any medium I hat 1 tomWAmi; ginernmrnld inetrst bur Ih.l the ymr icon in gieuwn mn unron,hl ut6m J because she nrr feted to nUbb.b .hy e,sh1 rh mmin mete rwrnnal Ia wron,yL.hms it regulated as a broadcaster under Title 1111wisdictinn for here, aruih In so.1.7 Sinner or the re«M whukrlY utrln on ecrrw urhde Rem.tan, Amu r.. _ Cable. veeunl AWaopda end IN F.w Aevndawa. FA Colum L gee 16A71191Wr, Men res10 the iMe the minri, i nb of of .le OrmFmoml ms mstiU t tle mile pale nned local a,p.rlwn nmb"S cirrim learn %SIAr. Me Cnmin,t 7l Henins. Carty L V 351 0 0441, (bm \ r(bmm n, .nn F F 2d w+ 1 h.nnrl nnn,poinl id ed by Car p u 61w srcew mmL rwa,dra funrr4,w1F,MA..end.wnl[Te m/ln lua.ffib7i Oyr,.h~n. 7U tome t For it... d i he pubs' cease r.penenor ier l Schmidt, Freedom (,he prees L Rer, 525II9r131. W .W1, IV Sia irl C~b4 End.. who Can } OWN, Ali Moe III, An.d- P.bJw r t, F.p ri reu 2017 St. 1761. Pete on Mato, "Publk AnvM eon he The Nam T y tul,mir At, Md L An &A 119417): Nadel, FAftleel F..ed,... Fmfu's, Arrii end 4r. (W F.( Abod:'(n Sion 011)1A mGble C.anaunkatiwM On he Cable The irk raw w the Mow Mdr, 9 COMMIEWr L) &11119IM Shrinks. Anvu r„ (.Art Wund Aburdes"e 1197DDn rr(numACn/W 40. Afrwanty Doh The,r9"/fN )',.1 A+w+dnrrne. 7o('ald r To ~nrourese d'Rerina use., one dthe publk anew rlrnww -it M the seam.,. L k. 1393 09621; MINI le, Cable ToMm,'. fbbf.r Meru end the F, ,I Aewnd. - s wow Tin. t.an,A , re.n.ed bho in tat orm a for or jam d resulu seat lade r y ij, sent 9 CammrWea11er9 and the La. 3 JFeb I96TI, SWINkc An Eunu of Amer r7w u.ewe.rd pelmtni fee chowm drat, t1.oserv tul minute sir, trIiermby, CNrCan,..urvK,.r Pavia Air ofI969and FIrrrAeundmi narRre .e n/Fdib,naf No rtbkrtd Ihr wand rl,ennrl w draped Nimes to were ha.e 111N, detlre to rsnerre the DW,nI.m, 6 flydwo L Re. 317 11911111111. Lee. Gblr ta~.wd.A, v end Ike r..17" unit now peed '"Is mead, SI wrn.t limn a Itch r.m.w F, III Awednear 1i I. and V. r.ea 33 Fmi LI SM (IMi, Is, 1.,. Imi a AmeW Ioei Sy d l e Noe Wxi s Auk. and Awle-mm ru gel doe to oil joWiry An Amu w ON We TilnuW* and 94r Firw A sw.d.wnl. IS Sewn Her L R" P6 I IW4 , ienta, FCC 423l7 rtmi , Nare 1 Proposed glrmaSWS and Naar tquiry, I! More., Me Fief Antrndmi end like C:bU Onrnmr A. C.Prvlnntt Sli T d 411.12- (19M Aaaiyr F.blw Aeretr Aryvlnuwnle 4 COMM TENT L) 1000 y~.ImP Per., s See, .nd and UdNo is i Of f p 011.!06.07119697. Cable Tekrlmn and the Fees Amerdmenl 149610 9671 Ae a w elrlknsrd m .he 4 aS II Fw1 Mr Harr d Rop'r..'a Rulem.SOy, !1 F C C >b 536. S6T 119rq. yonder uauA on o.ble lesuWen me vIol.tbe of the Rres unendmenl Ser nopm I a IJ! Ion L S i M9d979i 60$Pl g.,7 (Release OC 31951 6-33 3~ ~ • S • f 1.06(7] CABLE TELEVISION PROGRAM CONTENT 1.06(3] access regulotwns. This war the care because the FCC had preempted The Cabk Act and Access Charnels access rules irlconsUtent with its own IF72 mles.11 In the absence of Section 611 of the Cable Act be the prinripal source of authorization FCC requirements, many cable operators were relieved of any public with respect to getting aside channels for public, educational, or govern- access d,dy, mental use. Section 611(.) Indicates that the Act is preemptive in this Still, . I some franchise contracts there wu an explicit contractual area: it precludes any franchising requirement that exceeds those per, duty an.) the operator remained bound; in other circumstances the op- orator o ~lunlarihy continued access channel." For whik Miduvrl milted under the statute. Video III Ld precluded the FCC from Impostnj these aeceY rules, the CEO nines Y nrserary M mee'ant knit lorm'cabla related t rnotdty nn l,," end power of franchise authontist to require acresa wit not dutCuned.so 1616tH. wMch tequila the opr.ata to kale c6wuwk under .rase mn truintea EawnP1ao d Mass ,sous dra Aj walk wow requirement, n ('able Tek. aim ikprt ow Order. 36 r c e.ed 11.1, Ia$11974 'rasp, kr the to it, l070 Cable CmuouniCNbr Att. MuwerMm (xo,'Ided Iw to tote c. b1e bw,d am renmrm Chuvurl, lorel repdatarl or acres Channel, is preckmW to' . pectbe emroun tu.dard Rx sons t4 and fec0itkt q males ur d, chap 13 S.r Harriwn. Aar a d lee falls Nabt Off Unit, sal d rvfuurn A/rrr AW..eN oele For eduestim 9TvArIen1, aced alit tewr.l Pubic' Mbu. Stet 1 S)6.115(6fib1119661 Y,dn, W 16 Cdum I L a Sue rrot^ W I, 61619119611. The Bowre ruin regdre a hubetmoe>rmarsce w contain prwolma meet u5 mmtmum .v Huy 1,michne Pro, Uvonr and ecrive tote Lwl 101H Ohio pre 1964 An art. of of access Iequlretientr lees«o a entils," or toe,6emetbn d OUR fraxhb. ovud cam be (e.ra A1m.d.6 are ubjwI to reinterpNatlar, N lylu of the Act, WKJerh the rennet blued. The label mom Madrrdi very, depeolliq m Ihe are and lorwne d the n'stem action 116761, whwh ran be red u requalna IrarchWns outhorme, to "obtlih that all" Codr Apricy R. {f 4 906DD, 4 660, 4 601 Ser eta Danaldoorl, Nin.wau) Ay pnarh to 1M R,#.4,Aom of Cebk rr vwk 10 Wm Muchd L Rev. 410, 165 n 56 116611 11 a bkely thet the regdreme.a rtmava roll, thouSh the $WQl, geahe d 1e gmrrmann anpored by the hanRbdnt oulhvYy and Act the Nate. Rhode wat re rumor LUtin caruohion eddd do Pubic a'tes nkl a 1961, and although o.ek validity Y a quenkn they vow recently upheld by a kderal &,trlrt Court pint bosh M m d R(1h A. ardm" ckaOent" Berktue Cobk.rwn . But hr, $71 r, Sapp 976. 06tH N Rl 1a61h awn ltd a cart 173 r ad 367 (to CQ WI The Rhoda lit" nj" require ~,bl, operator, to dnltnate Wd reerne a miNmum of 1nm pWk acres Cable teleOMm channek Yrckdus N keg wee rwi. for Public, eduroo imal, end tmernmerM amw. There chu,nak tart be arogable p every subscriber Acce , p the public acres ohs a d mud be Vented p memben dthe cmorel p.Hir m a 61 it Carve to a served book "waho a thwae. 671 F Sapp .10`711 W quolmt Fuels Co. na art CammoaMfy Antew i S) 'Mrma 114 71 V any of the apac tly dropotd ec-esc Chan. nob we It m to, rght kawa a dry (a a Waemoelb period, then Ihe operate must make a.Nl.bk m .,"ttmW Mrooarly deM6eo d chann0. On Ike olbn hand. N there It snn.IRCkM domald for oo o■ such clwu.ek the chwmeb may be nwtukrrd In CLnnectYvl, The Depart:neoe dfubic Vu91pr lequlrnwil cable lnnctuee bAd or to maintain N 1-" one V say &,Arwd ch.msel he public acre. and to Who se addtWnlnver Chsene4 .xw'1he M41vNd sccerchanlrl Capwtr Yln uefw Whec 'CaCl rm ism SteN .'o Av pectin Nondr~-Prissy. for rla saes pwpoerr dub tmsrWlvo weebr.. Oeo. . Am j 1 i010ie4 The opnNnr Y tranld ehe'ithl • p use the PUNY accts charmel .lien It is vacant but more M9mfksndy, it ra•. kmu Psi he acres is net chess, if it can u all atbn cb~hi wilt what eerviCrs ad Ihera(ove CWn, th0 t .cued after chemW w,,W fora 1eba7dNt d IM rrde r, Meanwhile.o nambn of Mate 1r{ldatwrer have emMdeld Ynpo.ilba drum MnaLr ( to Ilse 1976 rCC rules req%WM multiple tharuneL la Public an 'n rNmnl• and dual rosiest area. Sou, rf MaarrbwNU M. 97511911k Haw)' H B. 6611 u9elk rePmld r, Cable T.kNMon Bunn a(IM FCC, Cable Takvl.fun. Stain tAW laMm 1966 trampled / by 61arm Story. 190 pserraMr Brbeyl at 90,51 Others hr a pane rah o her It to i rrquke a Mrtk town.) p be dda+ld to educational wars so. r S. Nebraka L 6. 704 11966f,CaWaenp A 9 1177 (16611, raporsed N Berry, d )101. Mar acCaae rh.rvsY. • bows er, 91h" we mudetcA ere mandstd M the kraal har.rbLe Wetonenl • 691 (Release ru, 5191) 6-33 33 t oil 0 e • f"S 't'f CU C` V m frvA 4 S' y 6 ogd)p] CABLE TELEVISION PROGRAM CONTENT S b 04111lal y In a request for proposals, ■ franchising authority can require the set= bhy be set by the entity char h administerin the cMnncls " Fur ting' Lside of as many channels n desired for pubbc, educationd, or gov- t crm-me, sr is not c ear how the franchisors gods are best Carried out. erne ental use.n This is broad language indeed and one must A set of rides emitting wide use of the channels rovid,-+ a better understand Ike limitatiors on the authority. chance I at t e channe s will used an may be interesting enough to attract vlewer s.r ! jil PEC Chanwsela-Defised r reading of who is eligible to use public, educational, andgov. ernmental channels leads to some interesting posdbilitoe Can a ! What romtituln a public, educational, or gn'errtment channe@ if Franchising authority require that the government channel be upen to the drfurition if broad, then the power of the Franchising authority is any sovereign entity, o nether local, statr, or federal, Ahether domestic i commensurately broad Strangely, there is little gaid ante In the statute. co foreign? To take the last as an example, tf franchisor hnpo,ed legula Section 6020 S) purports to offer a definition, but it is helpful in only tioru permitted foreign govnnment use of government chAoneh, then a limited way. It defines "public, educational, or governmental accea countries represented by large groups of ethnic loyalists might wish to facilities" as including it) channel capacity foe PEC toe and (2) facilities Provide programming in some major cities . Can regulations Concerning and equipment for the use of such ehartrtel capacity. 7hia definition is the government channeh exclude religious user, w ho in fact now often imputaut for what itomits: narnelv.fandi tube pald tothe franu+d i g use the channels, un the ground that, even if no government entity authority for support of PEC channel tae. The consignors Is =important wants the channel at a particular hour, the separation of thatch and ' one slate required by the first and fourteenth amendments forbids such Better guidance as 10 what constitutes "Ilia pialik" ce "governmern- use? tal'• or "educational" would o ■lonwa in hei On the narrower side. can the cable operator designate a singleeda g g y pang defute'PEC than' cationai entity (say, the local school system) or a single governmental neh " On the surface of it. nothing In the statute prevents a Frarschlsainj 8 entity (say, the local government) its the eariusive user of the channel? i authority from characterizing Nkielodecn, a chd&eas programming Civen the history of the regulation of such channels, the answer would sen'rce, u' .•ducabonal"and drafting regulations to allow tae of an edu, seem clearly to be in the positive, But can a school system lrAW 1 he use _ canenal channel for it. Eacept for put customs associated with acceu of the educational channel to, for example, a cultural pay channel, not- charneh, nothing in the statute requires that PEC ehamseb be offered withstanding the fact that the school has received the channel free? free to subscribers, be included In a bade service tier, be free of adver• tutng, or be offered solely by governmental entitles, public educational ~I,05w,.1.14 04151 nor adnruWOn dthe iuun rehol ta.dmininenna ~,rw rhro 1 entities, or individual member of the puf;>tie.r a Sovre d the liter aM, aarerns the dollmi" d program mnient appr, atr fm 1 Sntion 61 I(b) permits the franchising outhortty to require ruka and serer Lha owa-whet. F61 !.ample, ao,isolw e a mmmercul? Se IM, the PNN,., Pru^eriutes for tht! dPEG cAastrsel aped ry, rrenturtabfy ouch rules •/"!rw„mrbkrArnae"r lnrdnannafw nUiero.amen-ralEr➢HUWn Conhnl Aernn rnrr.o,r,A➢➢e/.b Aarrr,u, red Srpram+a/Lawmrrcr7 end A'onrvwivnvf EaYm e cos dad cu Ntkmenl a 'ty we.'R~e day we. 34 U FL. L F" US it DM t ay ruies and procedures r-or-r-wu-m-tM-VM channelf will r;a. The cab of fndurupdu Iw prohibited p bIK .Caen Lh.nnee fr. ti irg iw4 fa P the csrrkp of 'any nrrtrlat dnigrM M ponsate the sale of L,rn"1c14l Inudwit rw wrv -Omrp, S.Whre hods Co. v. Orr of Indun.potw Bd6 F 5upP 37- 1, Yk (f D ,r S7 ; labllb) Ind LSffdve.N,ej"idA%it F11,1119011, a 1963~fainng lndiarupoln.md MUion m be vt m at it that is w.d to rune ratan M w PLC we PEC ehaavierr Y,r4 Co,mty, Iw Gen. 0-dinanre No i25 S61 iae6icall (19T911 the Garr Mse la Swlhrrn Th♦1,reR'n iha povdea*1Qrhnnelnp.a'Yy dr&AM.9 rot en Madb!tal trowel Manhattan M Net Tura G1y pernuts the duacta of trinrhrn to force the r.btr operalw rnulfi0in otiei drheronunPEWrw eirrudr.oksr 1!k doesws mwn, to pmlubmt or dnrontmura public sonars Channel pogrom d e. rmmd 1. br "nsrMU9e Gov ewer, hat enr:rn with Weer M PEG rhawre m id ooh, or w .eb, pin attw so tax. p omW krW _ M Hsmb.,r a, An About Cable S A 394 (1979). mereW we :"Awls Tye pricin6 a haiiaow for a mwwfvW w drnnet and the ee The Supreme CoutY riling in Bond d Tr wsten it 5 U % T r Fos, 4113 U S 00 i kvirm tech-a¢un eras nnnul over am,as w mr. Fully expantad W cW r"w we (19691. prnutteis a ban on twnmercW speech to s rolkar dam, could be wwd loluvdy ® rrwnrre barnns tommertoe from p,blk mess cha,w,eh E76 0t6ea+e 06. SM) 699 r i 1 I rtromaattago~eeeecoms~ • • 0 j 6.04131(b) CABLE TELEVISION PROCRA4 CONTWT i CGOIJ31lcl ' These questions have generally not been dealt with. Hut where there (,I financing of PIG Channels t'sq Is greater competition to obtain access, where there are limited chair. The Mil Cable Act dealt in complex and relatively confusing ways nels, a id where there are federaLy approved set-salda far PEC uses, with efforts by a cable franchising authority to finance PEG channels, limits , m access are likely to be Rated. Under Section 637, provisions of existing franchise which Telate is the designation, sew, or support for the use of PEG channel capacity remain ~b~ Public Aaa6-Defined vdid. But why is section 637 necessar}'? Are franchise prove*fons deai- Sectic.T 611 of the Cable Act does nrl use the term "public access" Ing with the support of such channeb Invalid if they were adopted after the eR«lne diste of the Act? Ps, whkh has be. Obviously, (here was an effort, though a faulty one, to treat commit- (the term does appear rather. in Sections elLca isr) and GMJS) come • term of art; rather, er, ho set specify f define f"pubtac b c • c ass"ts is ments for the financial support of PEG channels differently from com-al. the term employed. It le eeln however, to "public alter," ed ointments for the setting aslde of the channels themselves. Section though there is no single definition d that term m e either. Clearly lmpk'ed 611 (c), for example, provides that a franchidn aulhorit can enfoi re is ease of access by the message bender to the message receiver. The any r uirement regarding "servitn, acili tin, or ui ant ro - red rule promulgated by the FCC treated access as a service to be granted tw t s .e oi7erata' lathe public free of charge, although wen could be asked to pay a srnaA The 1fM a,4 Art may have really increased the ability of a local gas fee to cover theocrat of facilitks.r Congreas apparently envisioned that ernmrnt tc fund atlas. Prenchbing authorities are now granted the any charge imposed for access use could be small, when it stated that explicit suthirity, wtan awarding a franchise, to "feature adequate as the public so c u chansseh avatlable under the Cable Act "would be surances that ti.e cable operator will piovtde adequate public, educe available to all, poor and stealthy &Ue."sue The cat of access, if any, tional, and govor„menW access channel capacity, facilities, or would depend on the individual franchlw contract. ftndncial support," Thus, funding of acres, is now considered an ap. Another criterion used to deft" pubbe seven fa the way users are propriate and enforcnSle franch ie term, equivalent to provisions set. selected. Generally, public access b thought so be firat-come first. ling aside PF-C channels. e modest etfosV Ro arum "anise me use. There is a question of how payments will be treated so against the served, with som rs franchise fee limitation. As discussed in (]spier 10, the statute pro. The ca a operates Is barred from pTaneening accen programs, and video that the franchising wtkrity can obtain a franchise fee that is the n ivl uai rcgrammer is lubla far the content of the o rams Ano1 or entity-Itx as a canmunity-min Public Access counc0-may r s n U s c. f H saa6~ lampnm vbrdl be assigned complete control. is M1in Jolla, paweae dthe 10447" Acs,1,F he rdm ring ll the IW sex wah thei munie. Mmic iWrrAsdMw.tnh. :ed reww ib anew ea, It's likely that thew upecls d Public access he statute is were not intended Irpenes be Included r part of t6s etc snA whjM 10 Jhe 6arahkae s peic-M 5 percent In the public use set-aside in Section 61 1, but the nat, Fee sap 41 C f g. 176 31 the City may.6 6" a thin percent Franch,w F.a in any Still, une court has termed the public accts; channel "a public manra'r Is wieM, aiclvAa,s to pronw, the car d aceeis t6era,eb" Aationd CAbk Ca, 3e B R u 649, 031 1664 Tv gee I e7ln forum. "ir it In 1074, the C„nmlwion had nempled iwh "stirs iers" Wit op" npu,d,w,n from bona mated as" the lea hesitation 'r they are regWred try the FCC ecarw is e7 U S C f 531 is) regal lions or prordrd m reeeoaaek s,noaik IM the 6enefd dse , trans ;sere Amend M Fan report ad Older. W F C C 9a lot tilift matt end Oar stht 0* oft cdo Ac. 11 n 40 F C r ~ 115. M46 14 r R R Rrp W 16134. Path Cang.Ild Set 36 PP641(7w"Ad "}loves &Fesl it r41 [-per,dl bsa r n 47 U 5 C. f 5311 a,1 Far A Mmuwlon Of bow th 400 Wnm will be al&eted by 16s aauP, twrtrn. -ere sa rubkd to the limit rd W 10647 The FCC V , 1171Y r,,W--d 1992 Ad I obweNty and udeceney prondana, tab JVn 1 6.64(51 loge h'M use a pennon of the rrutchbe lac w pal he sutras woa,snanins. ot:"ss 211 M,uaurl 7lnisis to of 17,I ga glut gW e. Kansas CRY. 793 r 6app 1347 M o it 4,"d to entntaln seiner requeRe Id a do7. It krrc Retell "we Rd it necswry a b "unties" m mks indirtdual psopoaah an an d Aor bon. wtunmr ng erh Ma IPBP, syen E`nwmt 5a F C C sd 1116 t10761 • 038 lRelease 06, SMI 6-39 • i 3~ • • r f . R N\ a`M"M PAMPAM CO',TENT S 6.041311cl S 6.041331q CABLE TELEVLSION would have to be chargeable sgaimt the franchise fee." no more Than S percent of gross revenue. What counts against that S Thus, the statute giveth and the statute taketh away It broadly ti percent? According to Seaton 629(g)(11AS), the franchise fee does riot pones franchising authorities to provide for PEC chann,li and their include--for any franchise in effect at the time of passage of the Act- support and to enforce [romari I loo ever, franchising authorities "Pays ents which we required by the franebite to be made by the cable should be aware that by w doirg, they are not retying w Noll) on inter operator during the te-m of such hanchtse for,oln wppal tithe sue nat subsidies among cable wlrcnbers but are providing time partion of, put,Lc, education d, or governmental secess faclliHas." And "new of the subsidy out of their franchise feet n franchises," it also does not include "Capital Coda' required by the Fran. Use of franchise fen or other pat mark from the (able operator in chile to be incurred by the cable operates for public, educational, or support programming raises a potential first amendment prow, in cm governmental acres facilities coming forced subsidization of spnrh, since The fees effcc,ii rly tae This obscure language could be Interpreted to Assn that there we subscribers to fmance the speech of unl) a limited numbrr On the two kinds of expenditures related to PEC chwuiets. payments for, ar other hand, the. governmert subsidy can be rirned in the couterf of in support of, the use of PEG charurdr, and capital costs for PEG access a nondlxrimiaatory public access i)'stem. any member of the public 6cilain. For old franchLes, I. All preenactimamt fraochlsn, any require- may take advantage of the forum 36 ment in the franchise ea to either "payments" car "capital cots" can be An alternative, though one that does not denect the first amr-ndmrnt enforced, and enforcement of eith es counts against the n pescecl limit argumebt, would be to fund a[ressfacihlin from The general revenues on the franchise fee. For "new" franchises, any "payment" of the kind ar The rrwurcei used ra amen chnirxb rte no wOh-t nor end .m.•,ax muss rat excluded under Section 6=02XB) might be enforceable, but it would Theirc,ets,uvrludinglidrap,l"r rof rh•nra Irr(vr,l) OeLennnledn I her Al in.rpnal be charged ■gainst the (rsnchlse fee. nor wer.Se souls). guests, prudact.a, equ,pn..1. Aid n.n 1~ ra oµ I •t+n, ,,d luiniog ve Mtnrd 4l%4Repon pleYmed byte\el,a,.l Fiwwma Rrx,nh 4,.,, But what are "payments? Or, put differently, what e,,AU we part rtesw)incest the rva dIr61e ares(rod whet mahIrytulamrrwr•t,{rye.o. A, r Of the PEG facilities themselves and what cats are "for, or In support 121(113r9la tM a,eaar wtarri6er o,n the Lfe d the fir mrhlx 4 h, drµn.l.,n h,~w use dnrrm,ne p lk i e , "er"r a .is, of nits d she ch•onrh aaurch+, .I Fhrw, of, the use or PEC facW ties721 The Horse Report slate that as franchise farts d Crble Trlnmon Frrahoe F4qutremenn ) 4 1140141 Opts, rrj r,a ter N(T 4l fee includes "only monetary payment made by cable opnstom and An r.rlar repot an the rat at •ppra.im,tely $5 per month per wtrrnhr,, R Pci,,.,,r doer riot include as a'fee' any franchise requirement fag the pro diction 6 it Pr•rre. The Cam of table Tele, mar vs pleur, •nd F,.ne,vir 1[rrpn...n nl, 4 I Prrbminur Arulyra 7l'f2lF.rnraw'hlnrrl.7aruma, M'•Ih .4p ' AI a Censegtierice, lathe latent IW2y bwlblrrµ.l h•s teen cnl eo rd H [w~ldm a T BrwnN eN. ClNpue d "1 M Got d 6641 irk. N: m Of tef c]CH, fKdlhn, or f!gUlp[IIlnt that the franchising authority designates what Phys" equipment and Relulalary and F*Amhw Requirements" rrrlerwim Rexan h a Arnan ('.cal, . lv,r facilities are required for the use of the facilitles, eapeoditurn for such t9BnlA unique apponhlo rundlnadPF.C rhmneh +ulnlyd In l:al, rurma 411ee+dr 1 equipment and facilities fall outside the franchise fee lim)tation. To the Fmrnde" f.r Cm mun,tY Scotts ['Able Tek, Irron has Lees established fM I uld+ estem that crash payments to '',he franchising authority ara required, lion ina,n a xt arnaunl per wbrribrr opprua,m,tth 511 rents frum e.blr si ❑ems the opt ra rev dereeulawr. there funds are ned to brill in the de, rkq,nenl d Pis; t they are chargeable against the hanchiw fee In so-called mew has- live ch•nnel• rut Ga.) code, I S1oh6I (Ww Sapp T9a21 Similarly, IS- G oerl.,a chisel Ieahtstwe ronndrenl a ban Ihat ..Id )use pem,nrd muna• is m.pl e a fer • 1 Even this interpretation has its diiikvltles, however. It doer not fully ! B reran pee wtrm4r on nW opereaa Cann 110 515" 119A 1! Irited in Rrdr) at explain the ltatutor)' distinction between capilid costs aril other expert- t+ Erk T.lerommunaarsona, IM u Gmy of E,r, tor' Surp W, tae is 241w D i dilures in Section 6221g)(2KD). Preawnablywhile the cod of h t9e11rated t}wl S+Ymtnb far rrw are rot to brhda.d, Ian ronslautisx".n.lskh 1 to g mar 1 thee) 6nsrhne fen t gene," "The ars his Isms,( ron,prlx a rumpo ,rot IM s,tue ilos frarahir fee rrlMUre' Ttr dulre at (curl Manna Its Pre/erred re a mobile van for a government channel might be a capital can, any ea' perdlture to maintain and operate it would not be It capital Nil and mend loss tMl d prdJa aster suss urrorrlaura,v7y lmpoxd. regwrelnents fa acres , egwpment and rakes were "ra unronr9ul Gaul Preferred Communa•twns, ba r 2147 L'SC 54 hahBl Ciq,4 Los Aniekr. 68R RSd III(CD Cal 19W. "W as asps, 12 F 1d 1127 tIhh ® 11 , Haw Arpre at se CIA 1994), cars de, - U 5 - t 1994s J 640 1111 06, 31951 641 ( i . _ . ....,e,..n.«,.wt, .>^+tx ..%:S';i I 6.44131(d) CABLE TEL.F1,1SIOV PROGRAM CONTENT S 6.04]Ij[e] collected by local or state treasuries. Such action resembles traditional is oils a command that the franchisor promulgate rules allowing op- public funding of parks, streets, and public theater. Another option eiator use would se to depend on contributions from private Individuals or faun- too extreme of a channel 11 A et, the franchising channel is authority That would be cil) by tha the operator so shns ou ra'ld be able datiom This could be encouraged by requiring the cable operator to preclude loo e use e o offca ca interpretation enclud, checkoff box on its monthly bll m that those users w ho de- p r i there e is is soC ee future . to allow a capacity y term will of months utilized wid before en an the operator ator could ut take sired t< apporl access could make contributions In the same way they A provision that might . i ntribule to a public lele ision chanrK-Ltie A cou crontrol. o rd would be appropriate A Lranchisor might determine that no 1d] PEG Channels and institutional Networks operator control can take place d there has been an expression of inter eat by a potential gosenment or educational over with a pin for the Lit i rr the Cable Act, the fn nchising authority can require the sets use of the than net AM tionall y,a franchising au Ihot i ly shnu d be per ring aside of channel rapacity on the Institutional network as well as milled to tondition use of PEG channels by the opera for uia it a show on the regular cable system, An institutional network U constructed by - ing that all other channels available for the operator's uv. ire being the operator for nonreiden t ial su bsereber, such as a University commit, progra mused and that the operator has lived up to all G one nice obi i gal . city or an industrial park" Often, these are the very subscribers that tions irlating to access a franchiser wanly licked to s government or educational channeL. The A franchisor might also indicate that an alphanumeric ax of the law achieves this gall. channel, such v a community bulletin board, by as educational or guy ernment user would be adequate to prcc ludo a n ope r ator from retaking (e] Rules for Cabk Operator Use of PEG Channels coribol Finally, an author l zed subtenancy, w hether profit or nonprofit, The Ad requiem the franchising authority to tea roves that permit which fulfills the purposes of the PEG designation mild psrvlude reclar I million of the channel, 3 thr of wrator to reclaim and one dedicoleci charnel capacity if it is not The 1992 Act adds specific circumstances whereby unused PEG being used for the purpose designated• There is little guidance as to channels can be used by the operator First, an operator who receives the actual legal concerned that responsibility they leasetave franchising channels ng fellow, the allow, they will ill have have a the permission ofthe franchising authority can utilize PEG acesschenmay b, mee reclaiming i nets for the placement of mustcarry noncommercial stations, if the drlT time thethmey t, even though they are entitled ie to do es shat PEG channels are "not in use for their designated purposes."' Second- The e needs Committee the needs and cn olnNeportle slates: "The subscriberswould be Committee better believes er a served that ly. in the smeller markets where low power stations are tallied purse- . ant to muslcarry obligations, t},e second ow power station carried by for the owing unused PEG L?C channel vice:. rather thather be than used those the channels systems with shirt -six of more such chum eb may be plaord on a char. l1 fo creases' 0 a The The provision Report gtheroes cable to glue the re• net designated for, bill not currently bring used for, PEG access is creases' until use of this channel rannel capacity For PER purpose 'm Again, franchising authority approval is required for such use but n access functions rule might, k but need not. invoke combining diflesent access unctiau on the sortie It is not at all clear how ta.ese 1992 additions after the ability of cable channel on a temporary basis until need the channel rapacity dcog oper stars to Use unused access channels. Section 61 lidHll, whirls %a rated for each of the functions more Fully y dnt: ps.„ not altered by the IW2 Act, grants able operator erecter discretion, simian, since franchising authority is not needed once the requirements estab w r F., rll npenrrenri with the chec I off plan revealed rest difficulty m raisin, wail e,er460, 311m.ea, Amu Crvap Sur Crew Fseu,e aa[inaCnnnw13urW. M, fail, r Sahara lrrlnpAalrmwe~m Twe Wppopr,ae e-ww rthe aecli, n"n rummer Multx hr,nd Nrw., Aua 7, 1987, at a cisi uw. 17 U f C E 53YIbk41. rhwh cmtsea the abeoiute right d the caber ,yet raw In at, St 17 U S C 1153110, I:a ate Pepwf a 44 ore unused csa a li t a7 U S C 1531(de I I U 5w eaa,a l4 Xy)Iap. St the d,ru®m nrlrr in thischapter d he ,khn,M,n of t Ser d. 1531(dH Et public, educatimal, and 4o.eramenr ehnmeh ■ it,wra lwpwt at 47 n 47 U 5 C. J M40 0 w ld,1 S.M(, i i 6-42 (Release M4, 319S) 643 I 1 3'7 • • 0 I , ' S E.01(Ij(~ CABLE TELEN'I510N PROGRAM C017E1T S e,04JS1 v shed in the local rules are met . Moreover. the 1992 Act. by requiring channels are unused, ■ cable operator might argue that it is commer fi if franrIwing authority approval for operator use of the unused PEG cially impracticable to provide the facilities and equipment designed channe t, seems unnecessary since franchising authorities have allays to support the now foregone use been free to agree on alterations of PEG channel requirements. ~ PEG Channels and Franchise Reneavh In p ementing a return to PEG uses &Rer a cableoperator takeover is prob,ematic. Once a service is provided by the cable operator and Section 6l l(b) explicitly limits the aut}wrily of the {ranchi or to re- vtc rn become y for aphe aced to meral the service, it is lord to cancel and re- quire PEG channels es park of s renewal proposal to the provis as of See pier. particula rly for e public uses. alb o w hy the F hee1- lion 626. The renewal provision is discussed in detail in Chapter and guarded the reservations for educational broadcasting "temporary" SeJTce it to say here that in renewal negotiations, the cable operator ovil) commercial and merc them to lie tallow rather than provide for "temporary" need notutisfy,request for PF.Gaccessunleu the franchising outhori commercial d use ty can show that without such PF.C access the operator's propnal is not ill Modification of PEG-Retated Commitments "reasonable to meet the future cable related community needs end in Iarests taking into account the cost of meeting such needs and inter In addstien to the potential for reclamation of PEG channel capacity gists under Section 6{ I tdl, a cable operator ray, under Section 6MsXI XA), , oMsin modification of a franchise requirement of "facilities and equip- ~5l Content Conlyd on PEG Channels Inent" for PEG channels, where the operator can demonstrate that the regairemenk Is "commercially Impracticable' and the proposal for The question of runlenl rontrot of material on the PEC channels is l modification is appropriate A general analysis of this provision IS con of great mpsxtance u is access is b definition a " ubtlc furu a twined in Chapter 9. c aerie establish I gove`rntn set lnalt j" rapresm,e .'M .tics of "hit is odd is the distinction drawn between "facilities and equip- the ic"Tlwgoalofcontent rules in this area isio remosc thcuper merit" In Section 62&010A , where modification is possible, and open- atos~frdn an re nx . d ,any W y, an any power wah regxcl to slot provided "services relating to public, educational, w cto, fro The 19" Acl aucomplis t is y immunirinR h a n k to cpera governmental m thor where misal cation t not In obtainable without t ~ Section t lug. Ion Tr-u m any federal, slate,or local law of hbd, slander, oWemty, in- Oil gestsib+l aLsnchiring iain aa a' citrmcnL invasion of privacy, Lise or misleading ad, erUein R, or a her Ihe franc heron authority con require Nothing iiesre4tingto" PEG g y similar law. for assy program "carried on ant' channel designaled for channels if "senicei' mans programming sesvices.r In the contest of mal,9cation of access requirements, the team `services" must have a rvn "i,e IM nprul.rt..W Her to Vile Ih., the 4d,a ar.+. r,-0..u,nn..a speci d meaning, encompassing all acceu-s eLted obligations vowrthan °anhxrae,We".W rup,a 11 u%I41 facilities and equiplnent.0 w 1M 4.,o, xn + slum IAe 1,,d,,d m b al,plvJ end n awed 47 L St'. the limn+t.,n r1 .hr waver a Ihr i'rn, h,.. n o.+,.( 4 k d ~e 4 AIrvA, • Thy nse[tio,l of commercial impracticability in order to modify Gcf4 { SNh,aI,DY u A Ivi,, hums au0wnq mq 4 ru meet ,lies u+ndnd to pnnona .n the Mxnl+tn r ides and equipment requirements might go hand in hand with cable inn., dlhr C.ble Arl.It R Rep Ao M011, 9AI11Cm's. ld Sees IY I9nh, +nA roes opera),* teclarrishon of unused cbannel capacity. To the extent such w-h a Err Trlrcanmunrawnl. Inn r r'+1, .11:r1e, M F Sapp W. "9 Ili D Pe I9rl7r to peo,e IHI wrew vn n "wbt anUd'rwnmunlN n,'rd, Lx derrwl l ,a mforma two r 17 U S C 150.) a 'S U S C 50.) r tekn to poarammMa. eurpl r Seaton e2ryrh .Rel.. here +Sluwun anilhu d she Ku slue KI+n , amw r'dl. 737 F Sinn' 1517 w D AI„ 1l liar mere naror techn .j nrantna 19h9,,P+byrr..em rtlornmumty TT'.92-e]-H29,Ikn, er sir r'I tt~a 11,199/I. n 1'a lurthn,La,etlaa d the CAMe Aril arodeReation requirement, u they relote "Ad m Win, 01,k Ty L Rrp, Aua 11. 1991, w it W I.. Ean r,.e . l.nuum to amru rrvlera W nip" l 3 oriel iinq toe a,arnpta, Iti Ass weald rem la rpWra S.+M R+r Ar a. enj F l4 1-1,3M n I t eSl h e it 19SVI Thu,, r uk. Ge sun a y d, I U V l card, IN oyrulw to JA n appro, at r9 er,oddy a Aarrdar prorhtm pr"idtna la ehwarirl elate, (>om sons ch+nneh arc ckarll r;kpJ W R,umbrt. Crhln,non Drvyr Rules rMl Iarmd Gna',daM. Mu1..clunr,et less Aua 11, 19911 A IN 0 tapany for serer a angina and fadma of ace. e;antwa 645 ) 6.,e IRelase Me, ]1951 1 3~ • • ;c 6 a cN,-% rno.n~~ 'I S 6.04151 CABLE TELEVISION AROCRA%i MSTE1T S 6.04161 y ;4 public, edues tior d, [or) governmental tali With such sweeping lm- ther the government a cable operator" munity, there was no need Ibc operaloc control o(PEC programming, and Section 6hh(q echoed this by providing that: "Sub;eet to section 161 Controversial Access Programming 624(d), a cnbk operator shall not exercise any editorial control over any public, ea ucatiorul, a governments! we oft apadt provided The freedom rol'ided by public amen creates the nisi that truly of , punuuil to this section." "~pr~ fensive Programming may tJCC.siona o ter or example, a for. i e men u K1u■ Klan leader produced a program. "Aax and Rnsr n," that pro- le Acl has muddied the waters, Section 698 his been amended so that the oarstor's immunity from Labilih foc PEC graas showtests ostmmany Cromcom mmunity's unities commitaroundment t to o true rue the el freedom of %pem Is amended gramming don not ipplYA "the program involves ne malerfal,"~ on fU accen ch+nnela, some have found it • way to educate the Public an permits ea e o neon to prohibit the use of PEC channels for about both the first amendment and public access. programming that, "contdns material, sexually explicit con- In Sacramento, California, for example, the director of the Access f+ obacenor duct or material "WitIML Of Promoting unlawful conduct, -0 cihty encouraged local religious and minority groups to produce coun- As to other types of rograrnmin , pubbc stews remain a prfstlne terprognmming. Soon, far more eeunirrprogramming was erring P own On the access ch+nnd tMn the w rekly half hour "Race Rea publiforum Neither the franchising authority tar the rabic operator sh may censor or tirnesegregate programming becatue of diw_ ppro.'a! of wn." Eventua!!y, the offensive program Irfl Ihr channel andcotheol hJCal the message a content o the prograrrinirm . groups continued to use accen as a way of reaching the commumty.•+ The City (:Disraeli of 1Caruas City, Mnwuri, in C iwUast. reacted to the eriodically, cergin aoceu centers have hied to treat some types Of accrssprngamsdifferentlyfrom others Thus,speechnd hnalean. threatoftuchprogramming byckmingtheaccess channel And con, cil. ing it to a local origination channel controlled by the cable operator 47 dlddn and pr rams h ereligious Wtitutloru were either orohlMted, A federal court lisle that lF the le city asn s prohwited 67 the fir( awmdlimited, or otherww hindered. OccuionAlly, politlcd or religious are. A federal closing held that hannel itrpurpom was to first Ae Blau he am enc cev pregr+mmla his been bared for me.-aiming fund-rals(n solhitr oR the Cho nnei the court dated that +upu view point based the mh S "discr lion Thn+grsores rep eat ed Supreme Court dings that charitable" nation was tared on the public forum of the amen channels " h+ns+r political solicitation' are fully protected forma of speech: " 1(hlarflabhel City rvrntually agreed to reinstate the public a,ervs channel old pay appea~ sT nds linvolvel a variety of speech intenau- + COmmun,fat wn of information. Ill! ditltmlMt{Orl and propagation or C.1,11 „prrdur fu run.- pu4ummma avu+ina rwnw nnlnn r, rnt ,Dub. run 4 T%, LpluStS 'v-I/lv it .1 kn \ `r Y , 1 1'"94r1i '1 u1ry "a mn)np I two of the adeas,and A the advocacy of ewer-Ihat are within the prdec• wmix'+ d W . (n..'1r►.,dLnw. a , . YDdrmh. m IM \ Y r,mvnrr Mw two of t he First Amendment. 111911, ,,Ad m [apes, ('able T1 L Rep, AA 7I, 1991, d 11 M,Fh rap rata rnn . r•, r The re old ion of the tonlMt Of acCeu r por.lwn Whir fu cen.+nna rnmo6+rene B polnatlon ammmg it actually' e.H.ea.hm.u,rrind, Cobb 111'h of+uam P, 1iah1 Ii Iv.r\Y l • (k17,I A,.1+71 MM'MU,n his loners Mrsnm ra.,WN ld.hn , Aeon Tu.. and simple matter As in all public fora, the detrrm W a,+m mina! j ot'crontent rn wit t IpeaSes. As long atthe Prows. ntdns Constltutiona11 pro to c .~iu„bled,Jrar„r.Yn+sr.nlnu..u,n1.,.rA,,.u r+vro~n,. +1~1+„b.,~.1~..., „ te,cted rprC•ch, the accen Programmer slwul face no tensorahio by e{• Aus d wST. N 91 Am+he+ pM,wrh n to ,n.sl 0.1 nf +vhr I.Nh . dfw„r.m publ..rrr it _ er Art`, kcJ rwnm amp r.lie„hm,hrou menu n 3-V 11.t v warner A", (ib4 C.wp, 35.7 F Id M fells Qa be,uhnnledbr , memb I1196) tfiMm e.b4 inar, .,d than . ,r Ad ,nr"a 1('A.s+aaefb ;,non anbe,.dmr rnl,f,rd a voi. h,mnrl \r.. ll ' .+AYnm, L,al eJnrn,nn. i operator im mune M rim h"t'lly farntuaa an a wmmun 1,41i. Oil . 19X11 , +I 16 . /r SC I S16 Tlrr lore g, m deru,.ed Ia/r,r in I 6 (Ipi7), r63M deals ,vl1h r M~nwn Kmphb d q`r K~ hlw Al.n , K+uw+ I'm 171 ! tiiyp 1717 N I r Nu nb e 3 Sk rrndr 0, M 1717 1n6, N ercral 1 .r Sntu., 1010, umi Gb4 Act 10.181 o w 5",IIHe dSrMumbuq r Qtuenr fro a 6e11n f+lvlronment, 111 L IS 610 (I pe01. to M coun dais rd 1hA n rn +nM,ut . ?...no of , trace. ul main. the nisi i araW ured le M°"de .n rlrym,e lua,ficrl..n fur rluuna tM , hm,nl { k 6 47 { 646 (Release Ma, 1951 , 1 39 ~ • • r 0 5 604171 S 6.04171 CABLE TFLEViSTON PRfKRAM COQ?E;Kf y the first amendment from censorin ro rammin in attorney fees of 8100,000," In addition to being a costly endeavor for '-j}I~ iris er quntion comes when the entity running scan cannot cities, such CensorW actionis bad poUtybeeauseit etevotnthe credibil• be categorized so easily u "government" or "cable operator." A not- ill of the claims of groups like the Klan that they are "martyrs." More. for-profit corporal 0 n created by government whose duectors are ay. governmental s• ut even a ou, r, such a r spouse to specific pcogruaming constitutes blatant rated Dy the government is obrbusly cubtenl-based governmental censorship. To reallu the danger dsuch private" not roe.-profit organization-such or the consortium of arks, an action, Consider what might occur if this action of Kanw City had yodel service, and community groups in Fayetteville, Arkansas-that be, b upheld Every access producer would know that the city can close is under contract with the local cable company to manage the access the a ccess than net comptet ely if it dislikes the content of the meet" pro- channel should be Considered m -'late actor" subject to constitution+I 3 gemming. Each producer would therefore be forced to engage in self- limitations The reason for this is that eren if the "actor" it private, it 3 censorship to avoid offending the local government. Such a "chilling is managing as public facility created by government for public use w i effect" is precisely what the tint amendment was meant to avow, public access channels, according to the Cable Act, most b.-designated 1 171 Administration of AEG Clunnels public use'" A, analogy would be a government p rag faor private entity to manage a public part, a park dedicated by y' too for (7enerall Y, o cable operator ls to delegate the authority over the gov. public use " In tither rase. the nominally private manager c an not af- ernment channel or the educational channel to a specific entity. The feel the governmental nature of the Public Properly it manages administration of the public or public mete"channel is a more difficult Though The Cable Act does not explicit.y discuss a""cfor Ar nett a access All queyticm, and liability for Content control under Section &M retrains miniskraton, they would seem to r as prl a R cable ed Corti operatoor, at habitat) . 2' long as they y an issue. programming, in she amt manner Some entity must, at minimum, see to the technkal aspects of public do not exert editorial coral rol over the progi amm Ing In the I souse Be. access, such as wSed uling or programs and ensuring that the programs poi 1, congress stated that while section t518 projects upruTt K - are indeed ablecut. Frequently, access centers receive money and such liability, it does not insulate "cable programmers;' a Category eq Nprient from the able operator, train community members in pro- includes "di parties that exercise control over the content of Pr ogre ms { daction,andpublicize theavailability oftheaccess channels, r+tpflaI>•°Rawn J4a>hued„ye.yr,ref,ataIwlJlIw.rund~valr«,t.tatIntlpro,e ,Although a wide variety of entitks administer mecca channels, The chark"ly can generally be classified u run Fy either the cable optralw, tl~ t Ratnan, %U.. Rlwmmpon Ind. Km,rw a. ON" ad Rune, t:.. hn a r~tMr „ry the city or county government, ors not for-profit management corpo- rabic ofFr'rt a puNw ears ubim. runnml scrtl i ration Contcrst control questions concerning the first two classifications fl PuNr rarer rlwnre6 mendate.aIr+bry .`wh 'Duhue IA Silt, hn,q«•,adfuru.•by 3 are quite easY because the acre" adminislretor is governed by well t Ahetl . pt+e•lanpretlile.rti,ay. h .11 Pere.Lrr✓Fdwabni ',,460l(ayUS JI,UIIgRJL .ndth,+r(ure h." 'her.iA. daAmrrnneolJty urged .l unewdar.ewn.l ti' de(m.d taw. For exar,pple, when The table operator runs mccesm,sl the publcforum pre roust tel Wrucl du-n pubbc'co" Channels air elf (alibi if overned bySectbn Bl li31 t ! loll Act, whicr.ux itv my j,r in chair e d,he rltlnrwl had "unbmdrd dirrelrn669 drpv Ars pro- k p mmina (trwp is clhie. Inc' 11'.ry 5anb tiw, fiY F Su VS{ nrvl,rynpruWbll ,nrra,rel,. h lMhri.nrnMi. nr<I h, its the'~i - olxrolo from exerting any editors contr over acre" Oro- °d u~. \Dt'at hwliI1 ( gri mining 11 Similarly, any governmental entity's w ill be prohibited by 1heUab4 Ail pr"held prrrrnmenUl renvn,bip of lha p ulta,, >f,r seruriJnM1'i Thul, Bryn ; fn 1M abrnn af"p1.aa lumlma,epumn.. a'rr a rmrv,dJ root, n has rrd frmn ern w wit Xau,o,GryRe nnernY6MrAmu[Aa.nrr, MidlxMrmtl%twt 1.41/, 1Mg. rd sn,ar 1 I4alon lmiy A.tew -no 19"co mma Ttw .t I Al.., Gfa Carr.,. h. Arta CTarw, K.pn, caL4 t1' 4e Fptr, , Aul 29. 19", arm. Sa l;amn Prt y.1 alle r run n.n ru,np4 oI the or Y A, p,.r IS he ,rp1+iINY W.l I I,nre Tr h 1~ 1.'.64 coon ne, o Ie the areetl 6[d;lies In Fir " AI wch. I ill .rcetl U S 179, 2YA is p+ W1. t.anYna MKh, Firrlno, W. Tel (b • tar A narlH. 1217 1 U S i1gI34 and L,aa Coy. lama .moral other v e.7 U SC f 57461 r re. SerrumiDoofthelgae A"requ,rntheri, ro u.uf ru4t permunna aprnlw. "C/fr.m, Nr+toa.3A4l's TYAI Ilo i,yrddr p•rl lwr dmr r to O,- ,A, l rwbnr to proh,btlhf taw"d PfUrA.nar4fareGnndy,r_r. Wly -.piers mNen.tA ~rd.olM Well amerned be the r.n",th .rnendmenn ® 6 49 4 6 fY iRrIfic Ng, 11951 E 1 ' c~„ • • • \ ,a y 6.0f CABLE TELEVISION and would not only include program producers.-vi An adrrintrts,lor or an access channel who wu pe»onelly liable For an y- bb- nay or b 1 cart td on the channel would in a azlenre Inevltabf be fwc d to e• Occult and cenwor rogr_amm Such a rea t would 16,, be c),,ter 10 the ~ngrer stored vldon~o ~pu access u'ehe video equivalent cf the sre.~ e_T i aosp atonic parallel to the printed learlet"'r 1 tius anan access center, whether afllkaled with the Cable operstw or wish .he city, or under contract with one or the other, should be held Pr IL tied from liability by Section or access prograrnming w n F it vcrvn as a factbhta and doer not exercise content eontrd r' e 5 COS teased Access Channels (CUPtr) One of the hoWat-st win, on tM arfactilnnovations of the 1964 ii Cable Act was the requirement that cable systems provide "leased at. cess."' Section 612(bHl) requires the designation of channel For curse E me7Clat use "by persons unaffiliated with the [cabled operates 1CUPt11." The initial experience with Section 612 was diuppointing,'Ifiere was no great upsurge in independent cumrtsercial programmers acquiring am-o under the provision. In fact, the section seethed to be having a ncghgible effect an its stated goal of assuring "that the widest possible dnrrsity of to Formstion sources are made evadable to the public . in the manner consistent with growth and development of cable rys• terns "t Ironically, the concept or leafed access may have received its initial boos) from a votunlary leased arrAgement in an attempt by ■ cable operator to avoid liability rot carriage or the Playboy Channel.' Nonetheless. Congress reemphasized the Importarce of Leased access in 1992 The I V92 Act adds a new purpose to Section 612 to "promote • competition in the delisery or diverse sources of video program I t a Hover Rrpurl al 9S » rr , st ,1N iu/n 1 ! 09(31 F. a ciao d.uman (it. IM (Side Arl'r pnaible kmile mt ~ to the immunity pro.xkd by Sertioa &M E I The tmn it glut of the Hasse Cammttn See H R Rep No 9&951, Wkh Cone, t Id S m 47 tIM41 ik'Nruner }louse RePonl. T%41 eased amp pruvidona were upheld » tvnmaut.,W W Dwt»h Gbk. Wan, Inc. Uttlted Scales RM F. Sups, 1, 1943 U a Pa LIAIS 12NA ID DC t995) 1-47USC Imm 0 t Play boY Fasten. Inca Pub& Sere Canm'a, M F Supp 401 tD P R IW6 lrSU I J . t • Agbnd. Nc, 9 -0~4 A2ands Item Date J~ WTY of DENTON, TEXAS MUNICIPAL SOLOING 215 E McKINNEY a DENTON, TEXAS 76201 (817) 566-8200.0FIN METRO 4344529 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: April 24, 1997 SUBJECT: MARCUS CABLE RATES RECOMMENDATION: Staff recommends allowing proposed rates to go into effect. SUMMARY: FCC guidelines provide an opportunity for cable operators to adjust their rates either quarterly or annually. For the past two years, Marcus Cable has elected to file rate adjustments annually. Marcus' current rates went into effect on June I, 1996. The city is certified to regulate cable TV rates for 'he basic tier of programming, associated equipment (converters and remote controls), and the hourly service charge. FCC Form 1240 addresses rates changed for basic programming, and FCC Form 1205 addresses rates charged for equipment and the hourly service charge. The city received these forms from Marcus on February 28, 1997. The new rates will go into effect on June 1, 1997. Prior to June 1, 1997, the city has three options: 1. Initiate a review of the rates. The review itself can take as long as a year. The new rates would still go into effect on June 1. However, if the results of a review showed that Marcus was nver-charging their subscribers, a refund retroactive to June I could be r ordered. The cable company would then either make the refunds or challenge the rate roll-back before the FCC. 2. Approve the rates as filed. 3. Take no official action, and allow the new rates to automatically go into effect on June 1. a A public hearing to allow for citizen input on this issue is scheduled for the Council's regular meeting on May 20. BACKGROUND: Last year, Denton joined a consortium of cities in north Texas, which are served by Marcus, in order to evaluate the rate filings. The consortium hired a consultant (the law firm of Varnum, Riddering, Schmidt & Howlett) which, in turn, hired an accounting firm to examine the flings. "Dedicated to Quality Service" ' V T. WO • • r City Council Report Marcus Cable Rates Page 2 The cost of the consultant was prorated among the cities based on their number of cable TV subscribers. Denton's share of the cost last year was $973.49. As a result of the consultant's work, Marcus filed an amended form 1205 which reduced their charges for equipment (remote controls and converters) and their hourly service charge. Those reductions are summarized in the following table: Original Rate Request Modified Rate Request [Remote ControURlo, $ 014 $ 0.13 on-addressable ConverterlMo. $ 1.21 S 1.06 ddressable Converter/Mo. $ 2.86 $ 2.55 Hourly Service Charge $57.41 $42.72 This year, I contacted the following cities in North Texas which are served by Marcus: Burleson, Kennedale, Ha.'tom City, Hurst, North Richland Hills, Crowley, Weatherford, Lake Worth, Cleburne, Wautauga, Keller, Highland Perk, University Park, and Fort Worth. Burleson, Haltom City, Crowley, and Wautauga did not respond. The Park Cities are not certified to regulate rates. Of the remaining cities (8), none indicated that they were planning to either review or challenge the newest rate filings. Fort Worth has indicated that Vicy plan to do nothing and let the rates automatically go into effect on June I. The other cities either responded that they will "do whatever Fort Worth does" or that they do not plan to review or challenge the rates. The cost of basic cable service in Fort Worth under the new rates would decrease from $12.64lmo. to $11.941mo, The cost to Denton to have a qualified accounting firm review just Denton's rate filing would be approximately $3,500 to $4,000. To compare the new rates going into effect on June I, 1997, with Marcus' existing rates, please see the following two tables: Existing Rates Base Rate + 5% Franchise Fee = Total Basic Cable Service/Nlo. $ 9.77 $0.49 $10.26 Remote Controlliilo. $ 0.12 $0.01 $ 0.13 Non-addressable Converter/Mo. $ 1.01 $0.05 S 1.06 Addressable Converter/Mo. $ 2.43 $0.12 S 2.55 • Hourly Service Charge $40.69 $2.03 $422 Pro sed Rates Base Rate 4 5% Franchise Fee = Total % t Basic Cable Service/Ma. $ 9.88 $0.49 $10.37 + 1% t Remote ContrO Mo. $ 0.16 $0.01 $0.17 +30%' ® Nun-addressable ConverterlMo, $ 0.95 $0.05 $ 1.00 -6% j Addressable Converter/Mo. S 2.57 $0.13 $2.70 +6% Hourly Service Chazge $19.03 $0.95 $19.98 -53% " Remote controls are no longer available for rent by the cable company. This rate only applies to old units which are still in use as rented units. • • r City Council Report Marcus Cable Rates Page 3 According to Marcus' corporate director of regulatory compliance and planning, adjustments in the rates are the result of 'certain external costs (i.e. programming), inflation, true-up adjustments and increased costs associated with delivering cable service, as allowed by the Forms 1240 and 1205.' AIL local Marcus customers will have been notified of the new rates at least 30 days prior to the effective date, on or before May 1, 1997, in accordance with FCC rules. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton cable television subscribers. FISCAL IMPACT To conduct a rate review: $3,500 - $4,000. To approve rates or take no action: None Franchise fees received by city are based on 5% of Marcus' gross revenues. Franchise fees from hourly service charge will decrease, Fluwever, it is anticipated that this drop will be offset by other increases in Marcus revenues. Please advise if 1 can provide additional information. RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared by: Richard Foster Public Information Officer Approved: Pfi i! mil' t ~xQ~ Attachment: April g, 1997, Memo from Richard Foster FCC Forms 1240 and 1205 submitted by Marcus Cable f "050513 i l ' 3 t,,.r. • .i~~ Aye ~ T i ~~"`ti ~ s S , • CITY of DENTON, TEXAS MUNICIPAL 6WLDtNG ~ 215 E McKINNEV 0 DENTON, TEXAS 76201 1617) 566.8200 # DFW METRO 434.2529 MEMORANDUM DATE: April 8, 1997 TO: Mayor and Members of the City Council THROUGH: Ted Benavides, City Manager FROM: Richard Foster, Public Information Officer SUBJECT: CABLE TV RATES On February 28, 1997, the city received the annual rate filing from Marcus Cable. The new rates are scheduled to go into effect on June 1. The city is the regulatory authority for the rates Marcus charges for basic cable service, equipment (remote controls and converters and the hourly service charge. These are the only rates the city can regulate. The expanded tier of programming is regulated by the FCC, and the cost of premium, or pay-per-view, channels is unregulated. The new rates go into effect 90 days from the date of the filing (on June 1). During these 90 days, the Council has the following options: 1. Initiate a review of the rates. The review itself can take as long as a year. The new rates would still go into effect on June I. However, if the results of a review showed • that Marcus was over-charging their subscribers, a refund retroactive to June I could be ordered. The cable company would then either make the refunds or challenge the rate roll-back before the FCC. 2. Approve the rates as filed. • 3. Do nothing, and let the new rates automatically go into effect on June 1. • • l "De dicared to Quality Service" T. • Mayor and Members of the City Council April 8, 1997 Page 2 Ilow do the new rates compare with the existing rates? Existing Rates Base Rate + S% franchise Fee = Total Basic Cable Service/Mo. $ 9.77 $0.49 $10.26 Remote Control/Mo. $ 0.12 $0.01 $ 0.13 Non-addressable Converter/Mo. $ 1.01 $0.05 $ 1.06 Addressable Converter/Mo. $ 2.43 $0.12 S 2.55 Hourly Service Charge $40.69 52.03 $42.72 Proposed Rates Base Rate + 5% Franchise Fee = Total % t Basic Cable Service/Mo. $ 9.88 $0.49 $10.37 + 1% Remote Control/Mo. $ 0.16 $0.01 S O.17 +3095" Non-addressable Converter/Mo. $ 0.95 $0.05 $ 1.00 -6% Addressable Converter/Mo. $ 2.57 $0.13 S 2.70 + 6% Hourly Service Charge $19.03 $0.95 $19.98 .53% * Remote controls are no longer available for rent by the cable company. This rate only applies to old units which are still in use as rented units. What does a rate review Involve? i Last year, Denton joined a consortium of cities in north Texas, which are served by Marcus, in order • to evaluate the rate filings. The consortium hired a consultant (the law firm of Varnum, Riddering, Schmidt & Howlett) which, in turn, hired an accounting firm to examine the filings. The cost of the consultant was prorated among the cities based on their number of cable TV subscribers. Denton's share of the cost last year was $973.49. As a result of the consultant's work, Marcus filed an amended form 1205 which reduced their charges for equipment (remote controls and converters) and their hourly service charge. J 5 • ~-r, • .R.,w . ` • . • Mayor and Members of the City Council April 8, 1997 Page 3 The reductions were: Original Rate Request Modified Rate Request Remote Control/Mo. $ 0.14 $ 0.13 Non-addressable Converter/MD. $ 1.21 $ 1.06 Addressable Converter/Mo. $2.86 $ 2.55 Hourly Service Charge $51.41 $42.72 This year, 1 contacted the following cities in North Texas which are served by Marcus: Burleson, Kennedale, Haltom City, Hurst, North Richland Hills, Crowley, Weatherford, Lake Worth, Cleburne, Wautauga, Keller, Highland Park, University Park, and Fort Worth. Burleson, Haltom City, Crowley, and Wautauga did not respond. The Park Cities are not certified to regulate rates. Of the remaining cities (8), none indicated that they were planning to either review or challenge the newest rate filings. Fort Worth has indicated that they plan to do nothing and let the rates automatically go into effect on June 1. The other cities either resnonded that they will "do whatever Fort Worth does" or that they do not plan to review or challenge the rates. The cost of basic cable service in Fort Worth under the new rates would decrease from S12.64!mo. to $I I,94imo. The cost to Denton to have a qualified accounting firm review just Denton 's rate fiiing would be approximately $3,500 to $4,000. Recommendation: Based on the very small (I increase for the cost of basic cable service, the significant (53%) decrease in the hourly service charge, and my survey of other cities which are served by Marcus, I recommend that the Council do nothing and let the new rates go into effea as fled on June I. If I can provide additional information, please advise. 5 ZS~ hfl.fvS~~~~1~. • Richard Foster wp cc: Ted Benavides, City Manager w Betty Williams, Assistant to the City Manager s • • AANKP 99 t 4 ~I • 0 .r 7.9~II Marcus Cable February 27, 1997 hir. Richard Foster, Administrative Assistant City of Denton 215 East McKinney Denton, TX 76201 Dear Mr. Foster: Enclosed, please find Marcus Cable's ("Marcus") Form 1240 and Form 1205 filings for 1997. Consistent with the prior year, Marcus has elected to file for rate adjustments on an annual basis pursuant to the Federal Communication Commission's ("FCC") MM Docket No. 92.166, Thirteenth Order on Reconsidgrat;on adopted on September 15, 1995. The annual adjustment for basic and cable programming service rates is calculated using the FCC's Form 1240. The FCC Form 1205, which calculates the tnnual adjustment for equipment and installation rates, must be filed along with the FCC Form 1210. Upon receipt of this letter, the City is notified of Marcus' intent to change basic service rates effective June, 1997. The rates for basic service will be changed to $9.88. Revised equipment rates can be found c n the last page of the Form 1205. These changes we the result of certain external costs (i.e., programming), inflation, true-up adjustments and increased costs associated with delivering cable service, as allowed by the Forms 1240 and 1205. Please be advised that all customers will be notified of rate changes at least thirty days prior to the effective date, on or before May 1, 1997, in accordance with FCC rules. If you have any questions, please feel free to call Denise Jones, Regulatory Analyst, or myself at . (214) 521-7898. Respectfully submitted, Amu M. alker ~ ' Director of Regulatory Compliance and Planning t enclosures kjm 7 21111 Turtle Crcek Iloule,ard, Suite 1300 • Dallas, Texas 75219 • (214) 521.7898 • Fax (214) 526.2154 ,1 1. ~e1NY,rfrw.,+w ~~1~ +y • i Marcus Ca.',, FCC Form 1240 Filing Overview Attached, please find Marcus Cable's annual FCC Form 1240 filing for 1997. This form calculates the maximum permitted rates for regulated tiers of service and may be updated on an annual basis The FCC requires that the form be filed with the franchising authority 90 days before the date that an operator intends to implement the rate. klarcus Cable intends to change the basic service rate during June, 1997 to equal the rate listed on Line 110 of the filing. The following narrative is an overview of the Form 1240 and the supporting worksheets utilized to calculate the rates reported in the form. If you have any questions regarding the information presented in this filing, please feel free to call Denise Jones at (214) 521-7698. FCC Form 1240 - Overview On September 15, 1995, the FCC adopted rules giving regulated cable operators the option of filing for rate adjustments on an annual basis instead of the existing quarterly system When operators elect the annual filing method, the FCC Form 1240 is utilized. The form is divided into two time periods for the purpose of calculating the maximum permitted rate: the "true-up" period and the "projected period." The true-up period consists of the prior year's projected period (in this case, June I, 1996 through May 31, 1997), The projected period consists of a twelve month period, commencing with the month that the new Form 1240 rates are implemented (in this case, June 1, 1997 through May 31, 1998). The Form 12,10 is a four page document that summarizes the components of the calculation. It begins with the maximum permitted rates from the last Form 1240 filing and rolls them forward through the true-up period to end with the rates in effect for the projected period. The rates in the true-up period are never actually put into place. They are calculated in order to adjust the projected period rate for any over or under charges incurred during the true-up period As noted above, the rate listed on Line 110 of the Form 1240 is the maximum permitted rate for the twelve 1 months beginning June 1, 1997. FCC Form 1240 - Supporting Worksheets The Form 1240 includes a series of supporting worksheets that calculate the following information: true-up period inflation, CAPS channel information, mark up channel information, ' channel residual, channel movement and deletion, headend upgrades (small systems only), external costs, and the average rate charged during the true-up period. A description of each worksheet is provided below. e ~ d O J f 1 8 • • If orksheel 1: True-up Period Inflation This worksheet calculates the weighted average inflation factor that should have been used during the true-up period. Operators must report the official inflation factor released by the FCC for the time covered in the true-up period. If the true-up period includes months in a quarter for which the FCC has not released an official figure, operators are required to use the most recent inflation factor. Worksheet 1: CAP5Melhod The CAPS Method worksheet must be filled out for both the true-up and projected periods. It calculates the per channel adjustments and costs of programming during the rate period. The FCC's going forward methodology governs the CAPS Mcthod worksheet. The CAPS method is elected when adding channels to the cable showcase tier and does not impact the basic rate. Workaheel3: Markup Method The Markup Method worksheet must be filled out for both the true-up and projected periods. This worksheet calculates the rate adjustments associated with adding channels under the mark up method. It does not include progranvning adjustments for the mark up channels. K orksheel 4: Charnel Residual The Channel Residual worksheet calculates the "residual" amount of the rate that is associated with each channel. The residual comes into play when an operator moves a channel from one tier to another, or deletes the channel. This worksheet must be filled out for both the true-up period and the projected period. Worksheet S: ChairneiMovemeiil and Deletion This worksheet uses the residual amounts calculated in Worksheet 4 to account for channel movement between tiers and channel deletions, The Channe' Movement and Deletion worksheet most be filled out for both the true-up period and the projected period. Worksheet 6: Headend Upgrades e _ The Headend Upgrade worksheet is utilized by systems that meet the FCC's small system definition to apply for rate adjustments associated with heaaend upgrades. This worksheet must ' be filed fcr both the true-up and projected periods. 2 F • t • I Worksheet 7: External Costs This worksheet calculates the external costs for the true-up period and the projected period, External costs include programming associated with markup channels, franchise related costs, copyright fees, etc. Worksheet 8: True-up Period Rate Charged The True-up Period Rate Charged worksheet calculate, the average rate charged by the operator during the true-up period. It is used to support Modules F and G of the Form 1246. I i • 1 Je • • 3 tR I Z?2' • • Fedrnll'nmmuntrettum CammluMn Approved by OMB 30600681 N'x hlnp on, DC 10554 FIL@I0 DATh F01. THU Fo RN FCC FORM 1240 UPDATING MAXIVIUaa PERMITTED RATES FOR REGULATED CABLE SERVICES Cable Operator: Name Cable Opendor Tlarcuv CableAcsocialn L.P. Mailing A dress n Cable Opendor 2911 Turtle Creek Boulevard Suite 1300 IP C o Cny Slide IZod Dallas TX 75209 YES NO 1. Dues this filing involve a single franchise authority and a single community unit? X _ If yes, coinpleta the franchise aut1writy information below and enter the mecciated CUID number hero: TX0580 YES NO Dues this riling involve a single franchise authority but multiple community units! X If yes. enter the associated CUIDs below and complete the fran,:Nn authority infunnidiem at the bottom of this page- nh 3. Dun this filing Involve multiple franchise authorities? if yes, a ch a separate shed for each fnutchise authority end include the following fnwchim authority infmmkition with its astoeis'ed CUID(s): Franchise Authority information: Name of Local Franchising Au'h,rity Denton C'il of Mailing Addrcxs o LoceJ Franchising Aut;uwiry 215 E. NicKinney City State ZIP Code Denton TX 76201 Telephone number Fu Number L817-5W 2:S 4. For whit In rpose Is this Form 1240 being fled! Please put an "X" In the appropriate box. a. Original Form 1240 for B&%ic Tier X b. Amended Form 1240 for Bmic Tier c. Origin) Form 1240 for CPS Tier d. Amended Form ) 240 for CPS Tier r TO 5, Indicate the one year time period for which you are setting rates (the projected Period). I 06!01197 0513[!98 (mmJy)) TO 6. Indicate the that period for wbkh you are performing a true-up. 03'01196 05131797 (mml),Y) 7. Status of Previous Filing elf FCC Form I240 (ealer an "a" In the appropriate box) YES _ NO li a. Is Skis the first FCC Form 1240 filed in any jurisdiction? X h. Has an FCC Forn t240 been fled previously with the FCCJ X • :(yes, enter the date of the noel recent fling: (=7Vdd1yy) ® • 1-~ YES NO c. Jfas an FCC Form 1240 been filed prevkwaly with the Fn hfsing Authority? i T-7- If yes, tinter the date of the newt merit filing: =2128/% (mns'ddJry) FCC Form IV4 Page I Jamiary 1996 'i wp.w~«+p.r+sa.n -~w-~•.•rrSRIM ...e+rrwwr+' L ~.t.. e • Federal Commmnlcarlura fomntlndon Appruved by OMB 30604D695 \1'ashl neron, DC 205.4 B. Status of Previous riling or FCC Form 1210 (enter an "a" in the appropriate hl v) ITS NO a H,u an FCC Fonn 1210 been previously filed with the FCC'? X If yte. enter the date of the roost recent filing WunA&yyl YTS NO h [in, an FCC Forrn 12101ien ptrv hwsly riled with the Franchising Authonty? x ( If yes, enter the due of the must resent (ding; 01,'2119$ (nunldd/y) 9. Status of FCC Form 1200 Filing (enter an "a" In the appropriate Dos) \'FS NO it Has an FCC Fonn 1200 been previtusly fdrd with the FC0 x if yes, enterthe date film, (mrnldd(yy) NTS NO h. Hur an FCC Fonn 1200 been previously filed with the Frarwhising Authority'? ~x I If yes, enterthe due filed Og!lU9J (mnJddlyy) 10. Cable Programming Ser\kes Complaint Status (enter an sa" In the appropriate boa) YES NO A. Is this funn tieing fled in response to an FCC Fonn 329 cmnplaint? X If yes, enter the date of the complaint (mm/ddlyy) I. Seletaton of "Going Forward" Channel Addition Methodology (enter an "a" In the appropriate box) =Check here if you are using the origirud rules INIARKUP NIL'THODJ. OCheck here if you arc uaing the new, altemat'ns wits (CAPS METHOD]. If using the CAPS METHOD, have you elated to [wise m:mery for YTS NO channel added during the penrd May 15, 1994 to Da 51, 1994? x U. Headend Upgrade Methodology -NOTE ' Orm me ra muss cemA M the Crmrrdulcn their el. selhairy to are thli yn,yrmle moth, rlnlogy oaf err, A an e4alpmera arr urrr deprrafua~ vt rrhrdufr Check here if yrv are a qualifying rmll system using the etrcwnlined headend upgrade nuth.a:', Part 1: Preliminary Information! Module A: Wximum Permitted Rate From Previous Filijig In e d e I dnt Ilnr Ikn•ripdoa Dusk Tier 7 Tier 7 lltr 4 Tier! q L Current bLiimum Permitted Rate $9.7656 Module B: Subscribership a !e IN 1 lne Idae Dk ri as Rasle nor 7 71st f BI Avent Suhecrihe~;tip For True-Up Periods 19,797 P.2 Avenge Suhsarihenblp Fm True-Up period 2 19,263 B3 Estimated AMerepe Suhrcriltnhip For Pmjmted Period 19,737 • Module C: Inflation Iuformation 11ne Idae Dawrl 'oo ' Cl In flari no I'maor For TrueUp Period 1 Iwta II LD221 C2 Inflation Factor F,sr Ttue-Up Period 21w1.s 11 10055 C3 Curttnt FCC Inflation Fsaor 10221 FCC Form f2a0 Pilo, 2 I laouuy 1996 l~ • Fed ersl Camma niretlnm CanvaWh,a Approved by OMB 3(40-0683 15'a+hingmn, DC 2055 Module D: Calculating the Base Rate h d e line line Desert ua Hank Tier 2 TUC 4 7; S DI Climm Headend Upgrade Segment so 00W D: Cumin Ealcr l Corn Segment $0,40:9 D3 Comm Caps Method Segment $0,0000 D4 Current Markup Method Segment so 0000 DS C1mm Channel Mmemem~:~.•INics Segmerd $0.0000 D6 Cumin Trve-ilp Segment $00952 D7 i7% e.l To0arion Segment 30.1664 Sass Rate 1.11 DI.D2.D3D4-D5-D6D71 $9.0006 Part II: True-Up Period Module E: Tinting Information Iine Ilzo Description El Has long is tle True Up Period? 1' l' for 'Leto than or equal to 12 months' or fire time f ten, '2' for'Grtawr thao 1? moutbt'1 2 If 1V. wver F.1 and F9. If 12'. waver FA and F_I F1 Number of Months in ibe True-Up Period 15 FJ Number of Months bet s the Filing data of this Farm 1240 and the end of the last Projected Period 3 E4 Num1wr of Months in ibe second pan of the Tne-Up Period Eligible for Interee 3 10-Number al Months in 6e a d pan of the True-Up Period Ineligible for Imretest 0 Module F: Nfavimum Permitted Rate For True-Up Period 1 e ref2 Tier 4 Tier 5 l Ins 11ne Dsrlplien szk a F 1 Caps hktbod Segment For True Ur Period I IWks 21 $0 0000 F2 Markup hletW Scg meat For True-Up Pe rind 1 IWtr 3] $0.0083 F) Chan Mvmor Dekm Segment For True Up Period I IWks' 4151 so. MW F4 hue -Up Period I Rate Eli gible Fox Influien IDS e F I+F2+F3 19,0069 FS Inflation Segment For True-Up Period I kF4aC11-F41 30.1993 176 Headend Upgrade SeginrN For Ttu Up Period 1 IWks 6] F7 Eatarnat Coat Segment For True-Up Perind 1 IWka 7] 30.3599 1-9 True Up Segment For True -Up Per'.od 1 30.0666 19 Slax Perm Rate for TrueUp Prnnd I IF4+FS+F6+F7+F81 $9, 61LO - Module C: Afasimum Permitted Rate For True-Up Period 2 e d I.Ine Ilene lkxri 'ow 41c rim 2 nor 4 rer 5 G1 Cape Method Segment For True-Up Penod 21141, 21 so 0= G: hlarlup Method Segment For True-Vp P Had 21Wkr 31 30. D'=00 { • G3 Chen Mt mat Dalian Segment Far True -Up Peri od 21Wks' 4 5] 30,0000 r}f TU Pe nod 2 Rate Eligible For Ineation ID6+F5+G14(7240 $9.22 r G5 Inoaiiar. Segment for Tm-Up Period 2 IIG4eC2)-G41 So 0507 06 Heafcnd Upgrade Segment For TrueUp Period 1 IWk1 6] G7 External Caen Segment For TrueUp Period 2 IWks 71 $0,3865 • 09 True Up Segment For Tate Up Period 2 $0.0864 CA Max Perm Rata for Truer Up Period 21Cr1+0 +G6+07+G81 $9.7441 O FCC Farm 1240 Page 3 Ianuary 1996 l~ • • Federal C.nimunir.Aam C'cmmhdon Apprm'ed by OMB 3060-0685 N'axhingrun, O('20'V Module F1: True-Up Adjustment Calculation ■ 6 d I lne fine onrri un ISank 1HK 2 TS: 4 Ter 3 ~1 A'mMml Fur Tmu tl PniAI 'I HI Hevenue From Period 1 $'_,173,410.45 P2 Revenue From 1tL% lermit.ed Rare for Period 1 $'_,177,=64.648 H3 True-Up Penod I Adjustment IH2-Hld 37,654.196 H4 In(ertst on Period I Adjustment $331.19V Ad'u,tmm For True-U PeKud3 H5 Rect nut From Period 2 ES'rgible for Interest $564,593 4006 _ H6 Reve out From Mu Pam Rau for Period 2 Eligil It For Inter 5563,014.3856 H7 Period 2 Adjusimed Eligible For lokrrrt IH6 H51 (51,491.81521 HI Interest on Period 2 Adpanneat (See instructions for furmula) ($21.0771) li9 Revenue From Peno3 2lncligible for Interest $000 ,i t0 Revenue From hlu Perm Rasa for Period 2 iceli gible for tnte SOHO 1411 Period 2 Adjustmnl Ineligible For loterert (HIO-119j rotW Tr llp Adjuewnrt H12 Frevious Remaining True Up Adjustment ill) Total TrurVp Adju,tmal IH3+H4+H7+H$+Hl I+Hd2) $2,663.6012 H 14 Ammar of True-Up Being Claimed Tai. Prc*ied Rats Period $2,665.6012 H 15 Reicairing True Up Adjunmed (H 13-H 14( $0.0000 Part III: Projected Period Module 1: New Maximum Permitted Rate h d e lime fine Descri ,m Beak Tter 2 'ilea 4 Tier S I I Cape Met" Segment For Projevted Period IW'ks 21 $0.011013 12 Markup Method Sgrneot For Projected Period Il1'ka 3J 50,0200 13 Ch.A Sivmot open Segmed For ProjtcW Period I Wks 4,151 $0.0000 14 Pnrj. Period Rase Eligible For lnf)Noa 11311+1`5 +G5+114-12 59,2709 15 Inflation, Segment for Projnted Period 1(14•'3)-141 $0 2049 16 H•-itml Upgr■de Segment For Pmjecwd Period I',l'ks 61 17 Extenul Costa Stgmem Fur Prujecttd Period IWks 71 $0.3948 18 True Up Seg,neol For Projected Period $0.0) I3 19 hlax Permined Rate for Projected Period 114+13+16+17+i5I $9.6819 59.48 110 Operarnr ScTeOed kale For PmjMtd Period If tine 110 h lrtattr than 19, ore GAP Paid Alta,Lmn,t. • Cerlirication Statement M'iLLFUL FALSE STATEMENTS MADE ON THIS FORA! ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT ' (U.S. CODE TrTLE 18, SECTION 1001), ANWOR FORFErrURE (U.S. CODE, TITLE 47, SECrIO.N 593). eith. ^Signxturt Date ® Am hi. 1 Ilrer Director of R uLIna Comaliartte and P4nnin 2127147 • • %'r e and Title of Persrm Cr .pletirg this Fonw Drake M. Joret, Resulatury Analyst Telepbone number Fu Number 211 521.7898 214 521.5663 FCC Form 1140 Page 4 L }J fa4uary 1996 JJ e Federal Corrununkmtiom Comminion Approved By OMB 3060-0665 W,Wnr on, Di 20554 Worksheet 1 - True-Up Period Inflation or irw"linm, we Appendix A of huaruMa For PC.C Fnrm 1240 Qucz iu 1. Ilow Img is I'm cAlp Period 1• in mor1hn7 12 Question 2. How bj is True•Up Period 2, in moaft7 3 Una per" FCC lallation Face r 101 NWA 1996 2.221% 102 April 1996 2 22'. 101 May 1996 2.2214 104 June 1996 122% 105 July 1996 2 21'x. 106 August 1996 2 21'. 107 September 1996 2.2i1e M (Mobcr 1996 211^% t09 November 1996 21i^% [10 December 1996 2.21'l l I January 1997 2.21'. 112 February 1997 2.21% 113 Avenge Inflatim Fl tar fur True 1.0221 IIp Period 1 114 MarA 1997 2.21% 115 April 1997 2.2164 116 May 1997 2.21'% 117 Month 16 112 Momh 17 119 MmthIF 120 hlmth 19 121 hfmth 20 122 Mmth 21 - 123 hfmth 22 124 hlmth 21 115 Afmih 24 121 Averog^ Mali. Fula for True 1.0055 CrP Period 2 0 J FCC Form 1240 Page 1 Lraury 19% e • Fed era[ Commullicalionm Corr ieri on Approved By 01,18 3060-0683 Wuhtngton, r": 10554 Worksheet 2 - Caps Method True-Up Period, Basic Tier Kw imtruoioru, se:,lrperdi %A of lscsbunims Fur FCC Farm 1240 Trued p N ijated Peru; Pmrd Quce wn I indicate the period for which this woAshed is being used (Put an in the appropriate boa.) x Qucn2ion 2 Tndi.ute the tin for uhkh this wurl duct is being used. (Put an in the appropriate Mc) Ell c Tier 2 Tier 7 Tier 4 Tier S Quc~Iinn 7. 1 k.w long is the rim period, w mtmOnSor which rat y rte be-ng ui %kh Ctis woAshM7 12 Qunlwn 4. }low long is the second pnio4 in mmtlu,for ssluch rata are Mirg n1 with this a DdubcN7 3 1 2 J 4 5 6 7 8 9 Operators Prerlaus Current Operator's liceax Fee Total lkeose Total Lue Period Regulated Regulated Chang Net cap ot Cep For Rexene Fee Resenm Operators ToW C t 1 Chumds Cbwusr2m a Added Channe 5heese Feel Used Used Cep Used dl 1 201 Previous Month 202 hlamh _0 0 0 $0.00 $0,0000 30.0000 203 April 0 0 0 $0 DO $00000 30.0000 104 May 0 0 0 SO DO $0.0000 50.0000 205 June 0 0 0 50,00 s0 A000 500000 206 Iuly 0 0 0 SO.OU 50.0000 30.0000 207 August 0 0 0 $0.00 30 0000 30,0000 208 September 0 0 0 $0,00 W0000 $0.0000 209 O Bober 0 0 0 $0.00 30.0000 $0,0000 .10 November 0 0 0 $0.00 30.0000 s0,0000 211 2lecemter 0 0 0 50.00 30.0000 $0.0000 212 lanwry 0 0 0 $0.00 $0.0000 $0.0000 .13 February 0 0 0~ so, DO 50.0000 sO,P)(10 - .214 Aver. a F,& 1 Ca a blethr4 Ad'uit"n 215 Marsh 0 0 0 $0.00 30.0000 $0,0000 216 Arril 0 0 0 X1.00 SQ.ODM X1.0000 20 May 0 0 0 00 30 .0000 $0.00M .18 Month 16 219 Month 17 _ e 2.0 hl,-nth 18 _ 2vl Month 19 222 Month 20 '23 Month 21 2.14 St nth 22 225 NI nth 23 2.6 hlunih 24 " e '27 Avera t Per,d 2 Caps Method Ad'ustrnent e 0 FCC Form 1240 Page 1 Imm ary 1996 ' e C - Federal Commmr~ntiom Comrnivion Approved By OMB 3060,685 Washington, DC 20554 Worksheet 2 - Caps Method Projected Period, Basic Tier For inArvuti,xu, see Appendie A of Iruuwtions For FCC Form 1240 7r e•l Ip ojeded Pci Pesiud Question 1. Inlicatr the period for wlti,F Otis watlaheet is being used (Put an in the apprupria(e hat.) x QwAiun 2. Indicate the ,Iv fa witich this workalred is being weed (Put an .h in t)se approprnare box) Tier 2 Tier 3 '.'ier1 Tier S F &sic IF x QuMion 3. flaw hng is t$v Cirri period. in month Sur which rain me beurg ad with this wort ste s7 l1 Qwntinm,l flow long is the second period. in montlu which rates arc being sn wilh Lhis wor6h.d? rt i 1 2 3 4 5 f 7 8 9 Previous Cssrrtvl Oper"ra Operator's Ifrnee Fee So W1 [Irease Sotal 7aa1 Ca Line Period ReguSuted ReBWaled Net Cap For Cep For Reat"t Fee Reserre Openlore ~,ntaoeM CAaaneb CWnell Clsoge CAdded s I2rense Fees Used Shed Cap Used 7000 201 PrvvL us Month 302 June 0 0 $0.00 70.0000 $0.0000 ?03 July 0 0 70.00 70.0000 70.0000 204 August 0 0 $0.00 70,000 50.0000 205 0 50.00 700000 70.0000 206 W. ober 0 0 70.00 70.0000 50.0000 :07 bim~emher 0 0 $0.00 so ww 50.0'100 208 Drtrnber 0 0 0 30.00 70.0000 50.0000 209 January 0 0 0 70.00 $0.0000 50.0000 217 February 0 0 0 50.0700000 50.0000 211 Msrch 0 _ 0 J 70.OHIO .0000 70A000 212 April 0 0 0 70.00 70,0000 70.0000 X213 Mey 0 0 0 70.00 70.0000 70.0000 L 4 Avscale Pen od ICs s Metfiod Ad'uctmesn - t O , J FCC Form 1240 Pegs I i Iaauary 1996 aD, • • I Fedenl Comm6mc.tiom Commitsirn Appruved By OMB 7060*69.1 Washington, DC 20554 Worksheet 3 - Markup Method True-Up Period, Basic Tier Fin mzu.tiune, see Appendiv A of lnsw~tlom F,x FCC Foust 1:40 Trued'p Period Pruje ted Pmod Question 1. Indicate the period fie which this v o,kuheet a being used, (Put an in the appruprate box) X Qucni,n 2. Wicate dw tier fix whiA this wo6as.cd is bring used (Put an "X" in the appropriate box.) 9aair Tier 2 Tter 3 Tier 4 Tier 5 X Qu ytion 3. flow long is die GM period in months, fur wfii h rata are being rA with this w vk%htd? 12 Quction 4. 11 sew long is the ~d period in nxnnU fet which rates are being n1 with thu worksheet? 3 1 2 3 4 ! 6 7 Sum of Prevkm Sum of Carrml Anrage Per Channel Chsamda TOW Cumulative line Period Regulated Regulated Channels Adjustment Added A4justmemt AQjusumml Charnels Channel 301 Previow $0.00 Minh 31*1 Manh 56 56 $6.0 $0.01 0 $6.00 50.00 303 r:pril 56 56 56.0 $0.01 0 $090 $0.00 304 Y'y 56 56 56.0 30.01 0 $0.00 30.00 305 June 56 57 563 W01 1 $0.01 30.01 306 July 57 57 37.0 SOAI 0 $0.00 50.01 307 August 57 57 e 0 $0.01 0 $0.00 $0.01 309 September 57 57 37.0 $0.01 0 $0.00 50101 30) October 57 57 57.0 $0.01 0 $0.00 $0.01 310 November 57 57 57.0 $0.01 0 50.00 50.01 lit December 57 57 37.0 $0.01 0 $0.00 SOAI 112 January 57 50 58.0 $0.01 0 50.00 30,01 111 February 59 M $93 $0.01 1 $0401 $0.02 714 Avers a Period I Msrku 6lethM Ad'uament SO.DW " 315 March 60 60 60 '0.01 0 $0.00 $0.01 316 April 60 60 60 50.01 0 $0.00 $0,02 317 May 60 60 60 $0.01 0 $0.00 50.02 311 Month 16 319 Month :3' ! 720 Month is 3'1 Month 19 I12 Month 20 321 Month 21 " 324 Mandl 22 725 Month 23 326 Month 24 V27 Ave rage period 2 Caps Method Ad'ustmeN SOR200 FCC Form 1240 Page I Jamury 19% r- - ~1 • • Fad Brat Communications Commission Approved By OMB 30 USS Washington, IX' 20554 i Worksheet 3 - Markup Method Projected Period, Basic Tiei For vwt udiorm see .Appendix A of IM.rustims For FCC Form 1240 ' -7t cotzd Period Qutsbtxt 1. indicate the period far which this wxkshed is being used (Pat so in the appropriate box) X Question 2. Income the tiff rat which this watslud is bring uscJ. (Put an 'V in the appropriate box) Boric Tier 2 Ter 7 Tier 4 Tier 3 X Qurstimt 3, Hov. kung is the fort period, in raw mate, far which rain arc being sd with 041 wotiAv t7 11 Question 4. How kmg is the+ cond pmo4 in moodto, for which rates are being set with this work3heel7 r✓a 1 2 3 d ! 6 7 1 Sum of ?wi: st Sam of Curreal Average Per Cksmel Chasaeh Total Cumulative U" Period Regdsled Regulated ChameL AdjtsstmW A6ded Adjustmenl Adjustneal Chasoda Cksrmd 301 Previous $0.91 Month 302 low 60 60 60A $0.61 0 $0.00 SON 303 July co 60 60.4 $0.01 0 $0.00 SOA1 304 August 60 60 6A.0 $0.01 0 $0.00 $0.01 303 S"rnher 60 60 60.6 50.01 0 $0.00 $0.02 306 October 60 60 10.0 $0.01 0 $0.00 SOA2 307 November 60 60 60.6 $0.01 0 $0.00 SOA1 306 December 60 60 60.0 5011 0 $0.00 30.02 309 January 60 6D 60.0 $0.05 0 $0.00 SOA2 310 Fehrunry 60 60 60.0 $0.01 0 SO.DO SO.CI 311 March 60 60 60.0 10.01 0 $0.00 30.02 1 112 Apnl 60 60 60.1 SO-01 0 50.00 $0.02 313 M &Y 60 60 60.0 50.11 0 50.00 SQA2 314 Averse Period I Marta Medal Ad'ust 't 50.02/0 fti FCC Fa 1240 Pads 1 I q farwary 1996 . . 'c s Federal Communica6am Co"stion App"ed By OMB 3060-0665 Washing+on, DC 20554 TABLE A. NON-EXTERNAL COST AD)USTSIENT FOR f CHANGES IN CHANNELS i Avenge Mannele AdjuYmeN Fmm, Ta. p-rcMnnel 7 7 $0.52 7.5 7.5 $0.45 6 s $0.40 6.5 6.5 $0.36 9 9 $0.33 9.3 9.5 $0.29 to 10 $0.27 to's 10.5 $0.24 11 11 $0,22 11,5 11,5 so.20 12 12 $0.19 12.5 12.5 $0.17 13 13 $o.%6 13,5 133 $0.15 14 14 $0.14 L4,5 14.5 50.13 IS is 5 $0,12 16 16 $0.11 16.5 17 $010 17.5 is $0,09 Its 19 s0.06 19.5 21.5 $0.07 22 23.5 $0.06 24 26 $0.05 263 29.3 $0.04 i 30 35.5 30.03 36 46 $0.02 46.3 J9 $0.01 J FCC Fwm 1240 Yege 2 laaueey 1996 O 3 IN I RM 0, • l • Federal Connmuniutions Commission Approved By OMB 3060-M5 Washiogton, DC 20554 ' Worksheet 4 - Residual C True-Up Period For it 4m runs, ate App "x A of ha0uvlion For FCC Farm 1240 Quc<imt 1, Wicare die period for which 0" woriAm is being used. (Put mW in des appropriate box) Tme4lp PaW Projected Period X a b It d + ILre Ilse Descriptim Bavie Tier 7 Tier 1 Tier 4 Tier S Period One 701 Avenge Permitted Charge 39.6715 702 Aver" External Coats 103599 403 Average Tout Per Channel Adjustmeols after 50.0000 SA 4/94 for Channels Added Using Cops a hlethod 404 Av crags Tier Residual 1401 A02A071 19.2776 405 Avenge Cbsnnels par Regulated Tar 23.5000 406 Avenge Cape Method Channel Per Tier 0.0000 407 Avenge Remeininj Chanoeia 1405-1061 23.5000 401 Avenge Period I Per Cbm mmel Residual 140414071 10391/ Period Two 709 Avmye Permitted Charge 19.7100 410 Avenge External Cost 10364A 411 Avenge Total Per Cbannel Adjustments agar 5/14'94 fix Channels Added Using Cops Method 412 Avenge Tice Residual 1409-4104111 193632 413 Avenge Channels per Regulated Tier 24.0000 , 414 Average Caps Method Channels per Tier 0.0000 415 Avenge Renaming Channels 1417-4141 24.0000 416 Average Period 2 Per Channel Residual 14121415J 1039110 • t FCC Form 1240 Page I I fanuary 19% Lf ; • • 1 i i Fadenl Conununice6nw Coouniuioo Approved By OMB 3050-0615 Waahingwn, DC 20554 Worksheet 4 - Residual j Projected Period Qucaion I. lydicau dne period for Whim this %WtAed is being used (Pug en'.\" in the Amopriatc box-) Trvo-Up Period Projated Pmrd I a b d t [I" Dacetotion Basic Tier: Tear d 7iv s Period One 401 Average Perrri0ed Merge MUM 402 Avenge External Cow 1OJ941 Avenge Tout Par Channel Adjuetenents alta 403 S/ 14,94 far Chennele Added V@Lr4 Cape Method 10.0000 404 Avenge Tim Residual 1401-402-4031 $9.3703 405 Avenge Channels per Reguletad Tar 24.5000 406 Avenge Ceps Method Chonrala per Tim 0.0000 407 Avenge Remaining Channels 1403-4061 244" 401 Avenge Period I Per Chum] Residual 1404/4071 S03825 • I FCC Fam 1240 Pogo 2 letaory 1996 *4 • • i Fedrral Commur icatium Cornminion Arproved By OMB 3060-0615 N'rahinpm. DC 20554 Worksheet 5 - Channel Movement and Deletion True-Up Period, Basic Tier For instru.lioa aex .44p mdia A of InA idiom For FCC Faro 1240 l )ucsti m 1. W icate the pmod far wh.h thus w oA3hrcl is being uud (Pul rn W in the Lprwoeritle box) Truo-tlp FwW Ptujnlcd Period r X QueUl on 2 W icate the lien fa wbidt this w+xkdsed u 6emg used (Put an W in the appropriatr boc) &ai< Tier 2 Ter 3 Tier 4 Tier 3 X Qu ttion 3. Ito% long r It, rust penod in months, for whi,h rate are being pi with this %wgksfw Ail - 12 Qu Glion 4 liuw hmg u th<se tmd period, in m.+nthe, f x which rain ar<lxing net will. lhu wort hM? 3 I 2 ! 4 Residual of CYaona9e Deleted Residual of CEamc4 Flared Net Per{hamoel Coat Cumulative Net Per. Line Period From Tier (added) to Tier AQltiatmeaul tIC loft)imo 2 - CXanad Cost AQjaRmeol 501 I'm'ioue PerW $1.0000 502 March $00000 $0.0000 $0.0000 $kM 503 April 50,0000 $0.000 $0.0000 30.0000 544 May $00000 50.0000 $0.0000 $0.0000 505 lure 500000 $0.0000 $0.0000 $0.0000 506 July $0,0000 50.0000 $0.0000 50.0000 507 August $00000 $0.0000 $0.0000 $0.0000 Sol September $00000 $0.0000 $0.0000 $0.0000 509 October 30 .0000 50.0000 $0.0000 $0.0010 SID November $00000 $0.0000 $0.0000 50.OOM 511 December $0.0000 $0.0000 $0.0000 30.0000 512 January 15,97 $0 0000 $0.0000 50.0000 3$1.0000 513 Fehruary 1997 $0.0000 30.0000 $0.0000 Will 0 514 Average Period I Cla=d h[ovemeat and Dr]etion A 'mtment 30.0000 $15 March 1997 50. D000 $0.0000 30.9000 30.0000 516 Arri11997 $0.0000 30.0000 $4.o0t10 30.0000 517 Mav 1997 30,0000 50.0000 $0.0000 $0.0000 SIR Mon, S 519 Month . SID Month IS 521 Month 19 522 Month 20 523 Month 21 524 Month 22 _ 525 Mlnnth 23 516 Ml•.nth 24 527 Average Period I C[tam Movement and DdStioo Atli "A lm$0.0000 FCC Form 1240 Page 1 January 1996 Poo • • S e6 Federal Communicstinns Conumuiou Approved By l3MB 3060-0655 I`(rr Wtshingwn, DC 20554 r Worksheet S - Channel Movement and Deletion I Projected Period, Basic Tier Fw yarn .tinny rce A ,pmdu A of kotru is For FCC Form 1740 ()uestim I. Wicate the period far which this workshed is bring used (Pul m s the appropriate box) Tme-Up Period ProjftuJ Pniod f r Qua4on 2. indioste the tier for whiA the worksheet's being toed (Put anW an the x(Tco iafe box) Basic Tw•r 2 Tier 3 rw Txr s i - QueMon 3. HON Wog is tlve r" prmoQ m mor" br which rains are bang ad with Odds workshed? it Qunmm 4. Jfow long is the second period, in mamba for whi it r ales are being see with this worksheet? a+a 1 1 1 d Residual of Omwses DeWed Residual of Ckwees 5loved Net Perklaund Cost Camdsdn Net PerChauael Ise Period From Tier (Wddedl to Tier A4im6ural ICotums 7 • Cog Adjw*nM Colinas 11 501 Pravioua Period 50.0000 502 Jane 30.00.10 so,0WO 50.0000 $OA000 503 July so 0000 30 ,0000 30.0000 $0.0000 504 Augur $0.0000 $0 0000 $0.0000 30.0080 505 Sertemhet so,ONG soODW 50.0000 $0.0000 506 Ovtnber $0.0000 Y1.0000 30.0000 $0.0000 So) November $0,0000 $O,OOW WOW $0.0000 X3 December 30 ,0000 30,0000 $0.0000 MOM 509 Jarwnry so,oo00 30,0000 $8.0000 $0.0000 Slo February $0.0000 30.WW $0.0000 $0.0000 511 March $0.0000 30.0000 $0.0000 $0.0000 512 April 38.0000 30.0000 $0.0000 $0.0000 513 May 30.0000 30.0000 Sam" 30.0000 1514 A,er a Period 3 Channel Marement and Wedw 'Adjustment $0.0000 i r FCC Form 1240 Page I L~ January 19% • Federal Communications Commission Appnned By OMH 30600695 Wash'mgtun, DC 20554 Worksheet 6 - Headend Upgrade True-Up Period, Basic Tier Fw im+ ,Aims, see ApnrrAi< A of In.Me.7iow Fw FCC Form 1240 Qunlion 1. 1rvlicate the peri(d fw %fkh this wo&lvvI u heing used. (Put an W m 9w aMoplale but) True-Up Period Proje_ cd Period Y Qucli nn 2 Indicate the tie fw which d,is worl,sheda being used (Put an "X- in the appropriale box) Basic Tier 2 Tier 3 Tmr 4 Tier S li Quntion 3. }Inw ling is the fun periA in months, for which rain are being w with Ods wwlshret? 13 Qu A~iws 4. }low long u the secwd periaQ in mnntha fw hich earn ve being can with Ihia vwAsheR7 3 1 I 3 4 5 ? Original Cost of Hemdand Cpgrude line Feritd Original Coq of Equipment IM Computed Arturo on Depreciation Espw AQjwtmrnt (Column 3 findead E9uipmcut imiadoo Equipmeol For Preview Year + Columa 41 601 Previ,wa Inseaments 602 Month 1 $0.00 603 Month 2 $0.00 604 Month 3 $0.00 603 Month 4 $0.00 606 Muorh S $0.00 607 Month 6 $0.00 609 Month T $0.00 b09 Month S $0.00 610 Munch 9 $0.00 611 Month 10 $0.00 612 Month II $0.00 613 Month 12 50.00 6H Total Headend Adjuamem 614 Per Subscriber Adjua fd 16 16 Monthly Per SuRxnber A 'mtmml For Pedod t 617 Previous Invenments 615 bbmth 13 $0.00 619 Month 14 $0.00 620 Month 0 $0.00 621 Month 16 50.00 622 Month Il $0.00 623 Month 11 50.00 ~ 614 Month 19 50.00 625 Month 20 $0.00 616 Month 21 50.00 627 Month 22 50.00 a 629 Month 23 SOAO 629 NT, nth 24 50.00 ~ O O 630 Total Hwderd Adjuamera 631 Per Subscriber Adjustment 632 Nlont]Vy Per Subxrler A 'wtooeat For Period I FCC Form 1240 1 Page 1 ~L~ lsmofy 1996 Imp, 1. t r • ,f Federd Communications Commissiot Approved by OMB 30600665 Weshingtot, DC 20354 i Worksheet 6 - Headend Upgrade Projected Period, Basic Tier Fa i vftm,4 rs, nee APpendis A or lmwnints For FCC Form 1240 Quesom 1. bndiute N Period for wUi.h thin wakshed is being ued. (Put An 'V in the appropriate box) 7"L Paiod Projntcd Paid X Quemion 2. W icaie the tia for wh)ch this worksheet is bring wad (Put on "V in the appropxiate box) Rorie Twr2 Tier 3 Tier 4 Tier 5 X Qucstiue 1. How punt's the r" period, in monde, to which rria ere being ed with Ihir worksheel7 13 Qu.ation 4. Haw long is the second pceioA in moalu, far wtvch me n being let WA this worlsheet7 ra 1 7 3 d S y floe Period Original Cwt of o Cost o rig" Cmptted Retwn oo Depredation Fspewe AdjaHO&W stmeil [ upgrade 3 Hmdeod Egdpaorad Depreciatios Fgtdpme~ For Pnrkrm Year + Cohora 41 601 PmVious Imedmems 602 Month I SOHO 603 Month 2 50.00 604 Month 3 $0.00 605 Morub 4 $0.00 606 Month 5 50.00 607 Month 6 $0.00 608 Month 7 $0.00 609 Montt 3 $0.00 610 Month 9 $0.00 611 Month 10 $0.00 612 Month 11 $0.00 613 Month 12 FL- $1.00 ' 614 Tall Headed Adjustment 615 Per Subscriber Adjustment 616 Maothl Per Subscriber A lu"Nal For Period I I t , r r FCC Foes 1240 Page 1 2 / Jawary 1996 nf• NMI • • Federal Cammuninlinru Commiasinn Approved By OMB 3060-0615 Washington, DC 20554 Worksheet 7 - External Costs f True-Up Period tin m,",uw. sce AMmdix A of Indrudiom Fa FCC Finn 1240 True-C'p Period Projem per" Qucsti„n I For which fink primd ue you filling oast ilus worlshcset7 [Put art')C th the appn>[ria4 bcs.] X Qu ytnm 3 Ifow long re the rim pmo4 in rr mtlo, far wtucb rate: ue be ng set with this rurLdxct7 13 (lues;im 3. How hmg u the sr emd pmo4 in rnantly, fa whi fi rates are being set with N3 wu.kshed7 3 Line Line DescAatf m Basic Tler 2 Tkr 3 Tkr 4 Tkr S Period 7-sternal Costs Eligible or Markup Cost of Propsmming Fm C'huneb Added Prim tv 701 i 1594 m Alter 51594 f'mng Sfadup %fe0" For Pmod 541.439.57 11'2 Retransmi ssim CmAeM Fees For Pericd SO 00 03 CopSright Fm Fm Period 539,063.92 '04 Extcmal CQvL, Hi gible Fa 7, 5'v Sfarkup 37-5,503.31 7L S Marked Up External Costs 381,16.[0595 Esternal Costs Not Eligible for Nfork-up 706 Cable Specific Tsxes Far Period SO.OO 707 Franfiise Related Crca For Period 50.00 70 C,mmissi,m Regulatory Fm Fa Pmod $0 W _ 11.9 Total Ex71mal CCSU Far Period $91,165.0595 ? 10 Alimthly. Pr-Suhsnbr External Cats Far Fericd 1 50,3599 Period 2 Ekternal Costs Eligible for Sfsrkup Castor 14ogranmring For Chamefs Added Pria la 711 5 13 94 m AALT 5 15 94 C'sing Starkup 11ethod F,r Prod $11,702.1 712 Reuammicsimm Ont Fm Fm Period SO.00 713 Cop3Tight Fm Fa Pm d 59,089.55 7L4 Nernst C',nts I hgible roe 7 5aa Sfartup $20,791.73 _ \ 715 Skied Up Ext, uI Costs 512J510941 ]t Blernal Costs Not Eligible for Markup 1 116 Cable Spnifc Taxes For Pmnd SO.OO • l 717 Frm ww Rdaicd Ccwts For Pcrkd S0.00 719 Cornmissi,m Regulatory ran Fa Period 50.011 719 Taal Extrnal Coats fm Pmd 123,351.0941 f 720 Marnhly, Pcr-Sut .n'her External Coca Far period 2 $0,3969 O to FCC Form 1240 Page 1 ~17 January 19% i C Nola 0 • - Fderal Communiatioru Conuniuioa Approved By OMB 3060-0615 Washinron, tx 20554 ' Worksheet 7 - External Costs f i Projected Period For in41v icim we Aprv"x A of IrAru ti" For FCC Fenn 1240 True-L'p Prrid Projtclrl Pmaf Question 1. For which firm paid at filling out 0ris wakabcctl tPut mi in The spprupriafe boas r Qunhm 2. How long is 0r fun period. in mcath& fa which rain at bring set wM ddi workiheell 17 QuNim 3. Hors long u Ibt aecmrl penal in mortlw, fa which raw sn being set with this wekabcal •'a [7ne I[Aw pearl 6m Baste Tier i The 4 Tkr 5 eriod External Costs Eligible or Markup Con of Programming For Chumeh Added Prior to 701 5 1594 w After 5,13,94 Using Markup M&KA For Period 548949.3 702 Revuianiuim Consent Fee For Period fa 703 Copyriglt Fm For Period 531.020.92 74 E.,dmul Cad. Eligible Fe 7.5"i kbukup SUXO.22 705 Mukd Up EomW Coda $97,492.9911 External Costs Not MOW for Markup 706 Cable Specific Tun Fee Period $000 . 707 Fraahise Related Con For Period S0,00 701 Ccmmissim Regultkn Feet For Period $0.00 709 ToW F,etanal CMa For Period 593,492.9911 7 i0 klmtWy' Pa-Sub."bte F.aTanal Con Fee Prajeuted Pend $03948 v FCC Form 1240 i Pop 2 tummy 1996 ~ . 1 ii MAN • e E Federal Con utwnicatiom Conuniation ApproveJ By 01,18 3000-0685 Waohington, DC 20554 Worksheet 8 - True-Up Rate Charged Foe itu rw tjnna, rre Apprn x A of lrwr ,tiom Far FCC Form 1240 Qucsiim I. How $xy u the True-l'p Period 1, m maraud? 12 Qu,wmm 2 How Im$ is the TrucAlp Period 2, m mmllu? 3 a b 6 a 23n Line Dmri • a Buie ri 1 Teer 3 Trr 4 Tier 5 903 Mamh $9.2400 $02 April $9.2400 803 Mry $9.2400 $04 June $9.7700 $05 Jul) $9.7700 806 Augutr $9.7700 ! 807 $ertember $9.7700 808 October $9.7700 809 November $91700 810 Dmembet 197700 811 7amary 19.7700 812 February $9.7700 $13 Period 1 Avenge Rota $1.0375 814 March $9.7700 815 Apnl $9.7700 $16 May 19.7700 $17 Month 16 818 March 17 819 Fl.,nth II 820 Flnnth 19 821 Momh 20 822 M„mh 21 ,423 Month 22 1 22 Month 23 825 Fbtwh 24 826 N6d 2 Avenge Rate $9.7700 i I J FCC Form 1240 Page 1 Janwry 19% j i • I Marcus Cable Assoclatsa, l.P. 1997 Form 1210 Filing • Additional Information 6 Attachments City of Dental Tx(i I 1 Marcus Cable plans to implement the following rate structure at the beginning of the Projected Period Basic Service Rates as of June. 1997 $966 2 A current channel line-up is enclosed with this attachment, The following is a detail of channel additions during the true-up and projected periods True-up Period Basic The barker Channel, Marcus Channel CPST: Speedvision. TV Land, Drop Video Jukebox, Replace with Ca loon li Protected Period ' Basic. No channel adddions CPST. No channel addit ons 3 The follo.ving schedule details total progiamming costs for the true-up 6 projected periods Programming Costs Mark-up CAPS Beginning of the true-up period $599 $03,0 End of the true-up period $636 S030 Beginning of the projected period $636 $0.30 End of the projected period $666 $030 i i 3b ~ 1: • • :P 1.Ww fNl a r.aW.., Lr. Y.W.'. Ial[.Y h•YYI.YYNwMM [lr Y...R~.l i.u.l x, Iwr I~MYTY.» ' Co. r.•I .W.C Y P, Md rlw. W*d •1 ' t It•► IIa. YdY 4msbVe pna EIIMO.ma cL'SH cEOwl AS r ELNKEN e 1 » Ipn m[rW cEYMn 1 11 RL pll r^ri V*A U N . N111 {r014 04 n ! Y 4UYN HI d11Lln IRORMn u .IViE HD M) M IRd~1N. n Hll(I r !I 4DnrvH1, POI CI1W,nlnlT'-Tw .TYq Vlcl YtW.n t u 1'Rr 13n31 ! » RORI IYw','fuW,n 10 11 aTiN pn lY~auW.n 11 » YM 1111 M1Y:~IT 1YO11Mn 11 K 1 f /aEW1 OUlr[ q » Y[MNItIIOMW W.n u t dMYl1MYEl I! I lout E pI 11 I MEW IR:[ I1 I MEW 11 11 1 f mm rO RTIAYfR YIrERSnTAIIr MG 11 11 1 1 b MGOOYI[atlaTldl A K aLM;AIIY •1 iRIW,n H K 1 1 L9w a K 1 Vlr ncceK n n allllrrwl auwn nlilMtwro x C•[Y ' T 11 t LQ r'd NOW w » S crtY~~mrwbrt RCC»s n oro A K lYrall lMOIP4W,n w r Rn[N 3 Odmul NK[ It r COYIMW » I u r c011rlIIaH "MI f 6 I ['OYIYUdA 1eT11 x . At IO80R PgFerft s10rwY11E*I M r Mil p x p Npli WlOlmr I rlCt WK x t 1 1 N l M T ] D4rw Ed [r NE VRAMaMW(LWI .o f t f MGMa C'NRS N 1 t t CMV .1 1 t f CIra.4,0RK lY)ve q 1 1 S OM0 w 1 1 t lwYt 41 1 1 !SM a! 1 1 7 itlp[R 1.[*MRTIF KLMJC.1 (lYfi .I t I f IORtI0Itt1 /OtR.NltT Is 1 1 f 1I DW 1 1 ! A 04 M[iW011, m 1 1 f d)ER" W 9 .I 4 E [Irt!YOV11 CWb1CI e1 1 1 1: RMI !1 1 1 fS WECI 1 I S W[TiYI IllM" 53 % iION L 1 eMW 1 1 21 RCR flrEatAaaort t4MLON IIETI w t Ii 1 1 f rWT 1R1l ArlMdlMS If L COIM 1 1 1 Rr f1 M IRIm ' x 1 t ! TlaM40Y NN iMM w e0a 1 M 11 1 1 f N 1000 KTMTII 11 1 1 [ Y911C Il 1 1 1 Mrctxo[a M 1 t 1 ELrREA1YtlIM f[lINLOY w C t ) "I SS Y OU11.F1. LL~ M C 1 S o Ev II C 1 f COYEOY M C 1 1 IEI IICMW#d!k w[t M C 1 ) 1w.Ea ClAS11CYNl1 ' N I wrtRAC*NedWeltl n C t f I.tfpar dNlll[l r1 1 t ) erE[MxOY T 1 S N WO R Orl T COFY • I n Opr[Y11 w r IVIV1arN w OYR i w OYA OYUAEIMXD KIA hRRRt o IN » I W t iTI1YCl Will orv+ IN rxSRMIwoQw" x COY rarRrw ctarlY n • c,Yl IIrcYM 1 ~ • {IIMMw 1 [-1 QI[M ti [r1~64It cYY.Yk fl R Ow Lloyd" e IKY C7IYIYY » cw+:•1 n IYYYrANewlt CArlnb M Wo P kw Ra.YM u • • • I Marcus Cable FCC Form 1205 Filing Overview Attached, please find Marcus Cable's FCC Form 1205 filing for 1997. This form calculates the maximum permitted rates for regulated equipment and installations. The form must be updated on an annual basis and must be filed with the FCC's annual rate adjustment Form 1240, The following narrative is an overview of the Form 1205 and the allocation methods utilized by Marcus Cable when completing the form. If you have any questions regarding the information presented in this filing, please feel free to call Denise Jones at (214) 521-7898. FCC Form 1 A - Oven iew The FCC Form 1205 is used for computing equipment rates. It is a modified version of the equipment schedule in Part III of the FCC Form 393 used in Re-Regulation I. All equipment rates must be priced on the basis of actual cost. Cost is determined in the form by developing an "equipment basket" of costs for installation, repair and maintenance activities, and a "reasonable profit" presumptively set at 11.25%, plus income tax. The aggregate figure is divided by annual service hours to yield an hourly service charge, known as "I-ISC." Charges for installation and mainte: ance of equipment are ba<id on the amount of time it takes to complete the task, multiplied by the }ISC. Charges for equipment (re., converters and remote control units) are intended to recover the capital costs of the equipment and the average maintenance cost for each unit, Hourly Service Charyc Calculation The figures shown on the form were computed by using actual installation and maintenance hours as measured from service reports produced by our field offices, Assets and costs were allocated from the partnership level to the "equipment basket" based on the average hours spent on '.equipment basket" items. Equipment Rate Calculation Equipment rates are broken into four categories: basic remote, addressable remote, non- addressable converter, and addressable converter. The rates computed on the form are derived from the actual cost of the equipment leased to customers. The cost and number of units reported are at the pannership level. 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F O OFF FCC Frort 1201. 10" Im Z 1j 'MCI 'I'Mi i ♦ Agenda No. Agenda Itcm Date_ 3 CITY of DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76101 • TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM DATE: May 9, 1997 TO: Honorable Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: RECOMMENDATIONS FROM THE OVERSIGHT COMMITTEE Attached is a portion of the backup which was presented to the Oversight Committee on April 7th. The Committee considered this information and amde the following recommendations. They recommended shifting surplus street and drainage money to the U.S. 77 Project p:r the '91 Committee's recommendation. They also recommended using approximately $22,000 of surplus sidewalk money for the sidewalk improvements at Elm acid Hickory (the Sherman Building) and they also recommended using approximately $27,000 signal and turn lane money to help fund additional requirements of TXDOT for the continuous left turn lane between IOOF and Avenue A. They also suggested that the rest of the surplus sidewalk and signal/turn lane monies be set aside in appropriate accounts for either of these two kinds of projects for future use. Finally, they also reallocated approximately $30,000 of 1996-97 miscellaneous street funds to Wpcompletely rebuild the Railroad Avenue area (Railroad Avenue, Kent, Banner and Uland). Staff believes we can pave the areas that need reconstruction on Mingo and Paisley and still have enough "surplus" funds to facilitate the complete rebuilding of Mingo and Paisley. I've included prior minutes from the '91 Committee and other Oversight Committee back-up that the Committee used to make these recommendations. • I will be happy to try and answer any questions Council might have at your convenience. .r ` Rick S • Deputy City Manager • RS at Al Uhwm AM,MXA 19 1 "Dedicated to Quality Sen-ire" e • 0 i i t Oversight Committee Members April 2, 1997 Page 3 As we mentioned, if the Committee thinks this is a good project and recommends approval, the last of Ilse funding sources would happen about October I (i.e., moving up the bonds). We would not be able to move them up before that because we would not be able to get our one time operating funds before October 1 of this year. Thus the project in its enti*ety could not start until then. Ilowever, you do have $300,000 of Good Samaritan money and original funding for Robertson Street on hand now. I mentioned earlier that the engineering costs were $181,000. We have been talking to a consultant about these costs and those are good, firm numbers. You could recommend to Council that the engineering be started early. the good things about that are the funds are available and if this is done sooner, we could do rile project sooner. Even if the Council does not take your recommendations, the $1,000,000 and the $266,000 will ultimately be used and these designs will be used for those improvements. Therefore, we would rccotnmcnd4oing the design early. Some of the other major activities [hat we have to talk about are connected to the April 15" bond sale. You 113Ve already chosen Ilse miscellaneous drainage projects at your last meeting. However, we have miscellaneous street work that we must begin to consider and we also have sidewalks that you must recommend. Jerry has included a memo covering each of these areas, and we would like to visit with you about those, finally, we will have at least one issue which slat( considers to be all economic development issue for you, and we would like to talk to you further about it at the meeting. Another Issue we wanted to talk to you about involved old money issues. Jerry has also included a memo discussing funds that were not used from previous Issues. Those are street projects, signal and turn lane projects, and sidewalk projects that should be dealt with also. 1 have included as part of the backup information we gave to Council back In September, 1995 (Exhibit 5). At that meeting, Roberta Donsbach made the final '91 Committee presentation to the City Council. On page 3, item #G, the '91 Committee suggested that any additional street and drainage money be used for U.S. Highway 77. As indicated in Jerry's memo, we do have sonic unspent money from streets projects. We also have about $37,OW left from the Opticom Signal Project. We suggest that $27,000 of that money be used for additional signal and turn 0 lane costs associated with the Congestion Miligalion/Air Quality (CMAQ) Project on Eagle. The costs have changed because TxDot is now including more charges for the reviews and we need to spend more money on sonic additional design work. They are still agreeing 10 pay for (lie majority of the projects so it's still a good deal (82% vs. 18%). The other area where we have some extra money left Is from the Willowwood sidewalk project. We suggest using sonic of this t for some of the downtown improvements that you have money set aside for in the "out" years. 0 'There is over $400,000 set aside for the downtown square improvements, but it is out in (lie 0 e later years. Currently, the Sherman building Is being built and we are trying to snake J Improvements downtown that would set the stage for die rest of the square. Several of you have been involved in this project through the Vision process. Even as we speak, hlargarel's J subcommittee is working on "public improvements" for Ilickory Street and the rest of the JI square, so we suggest using a part of [his remaining sidewalk money ($22,000) for the sidewalks O • • it oversight Committee Members April 2, 1997 Page 4 and planters on the square at the Sherman building. We know normally that you would like to consider this at one meeting and then vote on it at lice neat. However, since this is old money, and we are using it for and at the direction of the '91 Committee, for "like" projects, and you've considered and acted on "old money' at the same meeting in the past, we have Included both consideration and action on these items. Finally, we would like to suggest a strategy for repaving Railroad Avenue, Viand, Danner and Kent streets. These streets are very close to Mingo and Paisley Streets. With last year's miscellaneous street money and prior funds (old money from the 91 commitlee) for Mingo Road and Mingo at Nottingham turn lane money, we think we will have enough money to finish these other small streets. We would still pave all of Mingo from Frame to Nottingham and all of the portions of Paisley that require 'rebuilding. We would then use the remaining money in conjunction with CDBG money to provide the ultimate street solution to the small Railroad Avenue area (Exhibit G). Therefore, we would recommend Oils also. We look forward to seeing you on the 7th. Just a reminder we are scheduled to start at 10:00 a.rin. because we wanted to give you a tour of the projects shat are already under way from the first year. We will meet at City Nall at 10:00 a.m. If you have any questions on any of this information, please give me at call at your convenience. , Rick Svehla Deputy City Manager AS of Anz hmn4 ' • AMb1009E6 , r B M11, M ...d_..._.._~.s.s,t i • J WOO Apesidall M ~ Exkiik3lT i CITY of DENTON, TEXAS MUNICIFAL BUILDING DENTON, TEXAS 76101 TELEPHONE (817) 566 007 Office of the Cdy hfanager MEMORANDUM 'for Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: September 7, 1995 SUBJECT: 91 Committee Recommendations meeting su191 ccessful Committee as Attached sday at noon. up meeting a as o very the on Thursday always. this this may bring recall that ostheh duties duties f of What t Cowe attemted to o mmittee. Council is committee were to monitor the projects and the bond funds, make sure that all of the projects were built, and that all of the bond funds were used appropriately. As you can see job of doing that from W the will p 1 n back up. the 191 Committee did an exceen Roberta reports DIn s that ~ report, e I am meeting she will iite itemize the following major points: 1. 1985 Issue: All of the p-ojects listed in the attached back up have been completed with Street. These tprojectst werefnotobuilt Those T%DOT rebuilt • these two roads immediately after the 1985 election. Subsequent to that, Council made the decision to use this r money as our match to the U.S. 77 project. As Council may by TXWP in late recall, that . Council proved a that submitted in t early 1988, 1987 I J 2. 1986 Issue All of these Tprojects have been first of these is built the Southridge exception three items. Drainage. 1. "Dedicated to Quatiry Service*' • • r 7 7 7 • • _ r Gerrria No ce~dal'em~-"~ ~ , '91 Committee Recommendations September 7, 1995 Page 2 That project is currei,tly underway and is expected to be finished within the next three to four months. Second, council may recall that there was originally three rec centers in the bond issue. The first of those, MLK, was built. Before the second and third centers were built, the Parke & Recreation Board, as well as the Council, held public hearings. The 191 committee subsequently recommended to Council that the other two rec centers not be built. Instead, new parka should be acquired and more improvements should be made in the parks, and the rest of the bonds should not be sold. Subsequently, South Lakes Park was acquired and is being developed. There is also a park in the northeast part of the community that will be acquired in the near future (money has been set aside). Finally, $1.4 million worth of bonds have not been sold and were recommended not to be sold by the '91 Committee. The third area concerns the highway projects. Teasley Lane is DOT tfuWorth nded being Drive) built from and i to be 1630 shortly. dropped projects. However, we were able to solicit funda and to use our own bonds to rebuild Fort Worth Drive from Collins Street to 1-35. to accommodate a six-lane also structud e. the two That is cu rently in lthe final stages of design. U.4. 380 is in the right-of-way acquisition stage. The scope of this project has expanded six- from a six-lane i ii 35 from U.S. 377 eonto t e Loop easte ide Lake lane Faedcilit ty from Lewisville. The 191 CommitteE.aleo recommends that any unused funds from the 183 or 186 issue be used to pay off debt when all of the right-of-way contracts and costa for U.S. 380 from TMOT governing eTXDbeen met. OT, funding Finally, lioop through 288 is not available legislation TXDOT at this point. However, staff continues to work on this project and believes that it will be able to get it fitted into TXDOT'e'.new funding structure within the next ten years. • All of the 1986 street bond money has been sold, allocated or spent with the exception of $750,0000. That money could be available if However, the '91 Council authorized re recommendation at this future. point, committee has no • The last information included in your backup is a list of almost • $4,3 million worth of extra projects that the '91 Committee has recommended to Councils over the last ten years, and Council has subsequently approved. Those projects include projects that are still to be built either totally by local contractors or through TXDOT funding with local match scenarios. With this list, the 191 • • D J Iandallem 191 Committee Recommendations September 7, 1995 Page 3 Committee has established an envious record for any subsequent groups that will be charged with these responsibilities. The Committee's final recommendations to Council include the following uses for the last remaining interest money or any money that will accrue after that: i A. They recommended approximately $87,000 be used as our match to the Rails-to-Trails project. Currently, there is approximately $82,000 of unallocated interest in the park bonds. There will be sufficient funds to meet our needs since TXDOT's schedule requires the payments over time. B. They recommended 'allocating approximately $50,000 - $60,000 worth of engineering design cost to be charged for the CMAQ (Congestion Mitigation/Air Quality) projects. As you all know, these projects are connected with the non-attainment area that Denton is in. They are match monies for State projects and will allow our Engineering Department to charge out their time to these projects. C. They recommended a $60,OOU match for a drainage study to be done by the State for Pecan Creek through the downtown area. The Committee thought this was a good project and a good way to again use other State money to leverage our own. D. They also recommended $12,000 to be used as our match for a raised median to be built on Loop 288 from Colorado Boulevard to 1-35. -Currently, these turn lanes are just painted on the pavement. TXDOT will channelize the traffic in better fashion with this raised median. the S. They also incidental suggested tof right-oftway acquisitionhalong nLoop • 288 near the Walmart development. They thought it was traffic appropriate along and across cLoopd288 in this facilitate F. The also sgested from the park bonds behused nfortplayg playground equipment or • other improvements in existing parks. • • a They streets l and drainage areas be used to help accrued fund J the U.S. 77 project. • i • ;OPO No gay 191 Committee Recommendations September 7, 1995 I Page 4 As mentioned earlier, Ms. Donsbach and i will be at the meeting on Tuesday night to answer any other questions that the Council might have. we look forward to congratulating this group of individuals for their long and successful tenure on the 191 Committee. E Sve a Deputy City Manager RS:bw AMMO06CO Attachments { k • i i f • e s MEMO TO: Rick Svehla, Deputy City Manager from: Jerry Clark, Director of Engineering and'frauspor[ation Subject: April 7, 1997, Oversight Commillee Meeting Date: April 3, 1997 T here aie several items that we would [he Oversight Committee to consider [his meeting This memo will address the issues of street construction, sidewalks, turn lanes, etc. that will allow work to progress on current projects Several of these projects are part of the CbIAQ program and involve TXDOT and the North Texas Council of Governments. I. Street Reconstruction. This area has a budget of S400,00. The estimated full allocation of $222,500 is recommended for the Rancho Del Lago secondard arterial right of way. That leaves a balance of 5177,500. Based on the speed that the development will occur a payment of $100,000 this year is more likely. The following streets are recommended for reconstruction using those funds. A. Panhandle Bonnie Brae Ponder s 90,000 B. Fulton Panhandle Bridge u5 380 S_15- $165,000 C. Linden(option) Bonnie Brae Fulton S200,000I7U11 Cost May select portion ofwork(ie $135,000) 5133. Total 5300,000 Staff would recommend partial funding of Linden at the S 135,000 level and funding for all of Fulton and Panhandle- 2. Sidewalks and Bikeways. The available funds is this category are $142,00.We are providing a map showing the old requests and the original rating sheets. The map will also contain all the requests for sidewalks since the bond election was approved by the voter ® including the recent P&L hearing on March 26,1997. At the meeting, we will provide a new rating of the sidewalks using one category in a slightly different manner with the pedestrian traffic being used instead of the vehicle traffic since most or the candidate roads would probablyjuAify checking the vehicular traffic category. The following projects are sidewalks that we feel that you should consider for the miscellaneous category. T he e bikeway system is not being given priority consideration since the plan has not been adopted, • A Project 4: Dallas Drive from Eagle to Teasley. Cost =550,000 13. Project I: Bell Avenue from Windsor to Sherman Cost=$50,000 C. Project 26: Bernard from Ilickory to Eagle. Cost=$40,000 plus walls J I 0 0 • • Rick Svel'la Page 2 April 3, 1997 Staff would recommend these 3 projects for the $142,000 will' the understanding that some finaling out of the cost estimates needs to be done on the final selections by the Oversight Committee. 3. Old Bond Accounts. There are three categories of projects that all the remainders of the old bond accounts are recommded to be f haled out into.l hose are Streets, Signal & Turn Lanes, and Sidewalks. A. Streets Account$ Balance $)5,G80 College and Second 446-9603 S 2,551 Fire Station 2 Drive 444.9520 Azalea Repave 446.9256 $38,631 B. Sidewalks Willowwood 446-9277 560,479 Sidewalks for Fire Station 440-9536 S S 2,025 25 Sidewalks 444.8911 ~$$1 Locust Sidewalk 441-9516 $65,641 C. Tralfic Signals and Turn Lanes S 221 Traffic System Square 441.8910 Shady Oaks Signal 446-9266 S S 1, 7751 51 Lillian btiller/SV Turn Lanes 446 9266 1, 23 Oplicom $39,884 • Staff would recommend that each of these categories would be established to provide funding sources. These would be allocated by the Oversight Committee and City council for projects in those specific areas. The designation at this time for the street money would be towards the US 77 project currently being developed by TXDOT. • • r Aothdo NO- Agenda Item Date 1 OFFICE OF THE CITY ATTORNEY MEMORANDUM TO. Honorable Mayor and Members of the City Council FROM: Herbert L. Prouty, City Attorney Michael S. Copeland, Assistant City Attorney SUBJECT: ordinance Approving the Transfer of Denton's Certificate of Convenience and Necessity Pertaining to Water Service to a Certain 9,500 Acre Tract of Land Located in Denton's Northern Extraterritorial Jurisdiction Area to Bolivar Water Supply Corporation DATE: May 7, 1997 We present fnr your consideration a proposed ordinance which effectuates the transfer of the City's Certificate of Convenience and Necessity pertaining to water service to a 9,500 acre tract of land located in Denton's northern extraterritorial jurisdiction area to Bolivar Water Supply Corporation. This action is necessary in order to facilitate water service to residents in Denton's northern ETJ. At this time, considering all circumstances, the City is not able to furnish water service to the area in question because of the substantial cost involved. Additionally, legislation has been introduced and is now pending in the State legislature respecting the issues involved in this water service matter. Were the City not to transfer its CCN to the area in question, the proposed legislation would have extremely adverse financial effect upon the City of Denton. • f Herbert L. Prouty • Michael S.'Copeland 0 O ! /cad ✓J attachments a; mar • • C: =$%0RD\3M 1 VIU.ORD 1 ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE TRANSFER OF DENTON'S CERTIFICATE OF CONVENIENCE AND NECESSITY PERTAINING TO WATER SERVICE TO A CERTAIN 9500 ACRE TRACT OF LAND LOCATED IN DENTON'S NORTHERN EXTRATERRITORIAL JURISDICTION AREA TO BOLIVAR WATER SUPPLY CORPORATION; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO PROPERLY EFFECTUATE SAID TRANSFER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Bolivar Water Supply Corporation ("BWSC") currently provides rural water service, but not wastewater service, to an area within the northern extraterritorial jurisdiction ("ETJ") service area of the City of Denton; and WHERYa1S, in 1976, the Texas Water Commission, the predecessor of the Texas Natural Resource Conssrvation Commission ("TNRCC"), issued to Denton a Certificate of Convenience and Necessity ("CCN") to be the sole provider of water and wastewater service in the area; and WHEREAS, during the period from 1976 to 1994, BWSC extended their water service to the area to serve homes built in the area; and i WHEREAS, on January 6, 19940 the TNRCC issued BWSC's CCN No. 11257, authorizing BWSC to "provide water service to the area surrounding its existing facilities plus 200 feet, and all existing customers and inactive commitments". At that time Denton had requested that TNRCC allow dual certification for Denton and BWSC in order that BWSC could serve the area while the area remained rural, and if some part of the area experienced more rapid, dense development, that Denton would then be able to serve the area without recertification or problems possibly involved with the uncertainty of the buyout cost of BWSC's facilities or service rights. TNRCC at that time rejected the City's request for dual certification and held that dual certification would prevent BWSC • from qualifying to receive advantageous federally-subsidized loans, with lower interest rates and longer repayment terms than non- federal financing; and WHEREAS, since the TNRCC granted BWSC it's CCN No. 11257 on January 6, 1994, this service area has continued to grow and ` develop, with numerous tracts of land being developed adjacent to ® BWSC's existing water service infrastructure. These property O @ owners desire water service from BWSC. However, because BWSC's CCN water service area was limited by the TNRCC order referenced above, several small subdivisions and individual resiclences which are located further than 200 feet from BWSC's existing water lines, have been unable to receive water service from BWSC. Many of these persons have inquired about receiving water service from Dentonr and 2 • • WHEREAS, Denton's Code of Ordinances requires that developers as well as homeowners wanting to construct a home, must extend water from Denton's nearest water line. Many of these locations are situated more than three miles from Denton's nearest water lines. Developers and homeowners are unable to pay the substantial cost of extending the water lines to their properties, which could cost as much as $750,000.00; and WHEREAS, recognizing the substantial cost which developers and individual homeowners would incur by extending the water lines from the nearest Denton water line to the development or home, Denton recognizes that these developers and individual homeowners, beyond the 200 foot boundary line established by BWSC's CCN No. 11257 would likely request thdt the CCN for water service to their property be transferred from Denton to BWSC, so that BWSC could lawfully serve thf• new developments or homes; and WHEREAS, the water service area consists of 9,500 acres, more or less, located in Denton's northern ETJ. A map settit.g forth such area is attached hereto as Exhibit "A" and is incorporated by reference herein; and WHEREAS, the Council believes at this time, considering all relevant circumstances involved, that it is in the best interest of the City of Denton to transfer its CCN for water service of the 9,500 acre area described herein, to BWSC; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized and empowered to execute any and all documents necessary under applicable law to properly effectuate the transfer of the City of Denton's Certifi- cate of Convenience and Necessity for water service respecting that certain 9,500 acre area, more or less, described in Exhibit "A" attached hereto and incorporated herein by reference, to the Bolivar Water Supply Corporation. SECTION II, That in the event the City of Denton annexes all O or any part of the hereinabove described 9,500 acre area in the future, it will seek certification of such annexed area for water service from the Texas Natural Resource Conservation commission or from any successor or applicable agency, if necessary, and will comply with the provisions of $13.255 Texas Water Code, as amended, or under any other applicable law in effect at such time. ` • SECTION III. That this ordinance shall became effective 6 • immediately upon its passage and approval. 3 • • PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: c APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I r f ELI wi.. y, t w. n. • r • o r PIT, • 0 I i 1 wn s. as 4r,gs,w rr- II wM ~wi+ ss,, Afar !14 I _ iM r.•~ Ir7 ~ ~ t ~ II 1 ~OM6~ ~I~ fL IM .;•y w 111 I e • 4 IJ~ •Y.111M1 Y w wr•y. rA ~ ~ wti ~ M rimy mmo go i I . r. a" APOW Is - w w 1 I~w ~Tiww ~ • II F~. Y, L• 1 . + r• u a. goo 40411 riy • A go's Plow r • ,osswwlw•wI s, . ~r•~ ~ it go. r w v s~~ r w . 1 wy • Jf 1 _ t~ , i 16 • ~ti/ rrw t • I ~ I Area of consideration (approx. 9,500 ac) 0 one Existing water lines • o Location Map EXHIBIT "A" I go • T , FILE go ol