05/18/1998-CC-Minutes-RegularMINUTES: City Council
May 18, 1998
PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman Alice
Madden, Councilman Mike James, Councilman Glenn Ervin, Councilman
Jerry Jenkins
OTHERS
PRESENT:
City Administrator Jack Smith, City Secretary Rosalie Chavez, Street Superintendent
Chuck Tucker, Chief of Police Benny Erwin, Electric Superintendent Jeff Morris,
Water/Wastewater Superintendent Eddie Branham, City Mechanic Tommy Belcher, Lisa
Hardy - Sanger Courier, Thomas E. Muir, Richard Muir, Dorris Hilliard, David Hilliard,
Ken Adcock, Joey Copeland, Doris Garner, Robert Garner, Mary Ann Adcock, Andrew
Foote, Frank Rodgers, Ava Cravens, Evelyn Wright, Chester Wright, Terry Jones, Lona
Snellgrove, B.J. & Melba Hudgins, Jean South, Lorene Prater, Merrie Lou Abney, John
Bucklew, Ray Stephens, Fletcher Kelly, Tom Brown, Gene Orcutt, Dilana Mosley, George
Spicer, Wanda Ervin, Linda Hewlett, Joe Higgs, Chuck Drake, Pamela J. Nee, Robert J.
Nee, Benny Johnson, Doug Johnson, Deborah Bucklew, Nina Wynn, Thomas Wynn, Letha
Hamilton, Eugene Hamilton, Virgie Dansby, Shelley Ruland, Carol J. Bowden, Janet
McDaniel, Paul M. Bowden, Ben White, Sue Rodgers, Ralph Cain, Sunny Yeatts, Fred
Yeatts, Mike & Chris Hayes, Evelyn Shaw, Joanne L. Robert, David Twellman, Terri
Twellman, Joe McWhorter, Almarie Jones, David McBride, Earl Jones, Elida Villanueva,
Marcelion Villanueva, Charles Bittle Jr., Rae McWhorter, Betty Ann Bittle, Charles Bittle
Sr., Karen Swano, Allen Serna, Vickie & Kevin Yeager, Betty Hughes, Gene Hughes,
Connie Prater, Matt Palmer, Reta Ellison, Herbert Ellison, Patricia A. Palmer, Edward
E. Lane, Mary Jane Lane, Timothy Piatt, Allyson Lyles, Aleni W. Palmer, Timothy &
Linda Pratt, Rhonda Eakman, Randy Eakman, Bill Murrell, Dorothy Clarkson, Taylor
Salisbury, Earl Salisbury, Laura Gray, C.G. McNeill, Marge Henery, Linda Wilson, Carol
McBride, James McBride, Diana Rodgers, Janet Kimmel, Brian McCrary, Wesley
McBride, Jorja Hickman, Linda Woody, Dan Rodgers, Allen Sweeney, Ed Farmer, Bill
Rice, Betty Rice, Jackie Stanley, Brenda Rodriguez, Elwanda Byrd, Kevin King, Carlos
Brown, Ron Coleman, Vicki Lynn Sanders, Ricie Felkner, Kirk Mercer, D.L. Bowles,
Elbert S. Andrews, Dawn Farmer, George Boyer, Sam & Jocelyn Allgood, Rosie Sharar,
Jackie Byrom, Icy Iles, Pat Attaway, Jim Attaway, Jacqueline Perkins, Marvin Perkins,
Pat Kerby, Frank Kerby, Manuel Agado, Deborah Williams, Steven Williams, David Iles,
Jose Silas, Randy Groaves, Jim & Rosene Sebastian, Larry Kyle, Anne Kyle, Allen
Broadie, Bill William, Jonnie Hilliard, Barbara Hilliard, Arlene Broadie, Elisha Broadie,
Carolyn Dudley, Lesly Dudley, Ronny Beard, April Siver, Michael Christy, Terry
Edwards, Sherry Gidcumb, Sandra Price, Donald Hofbauer, Valerie Hofbauer, Sarah
Ward, Debra Rucker, Pam Price, David Price, Glenn Gardner, Nadja Gardner,
Sofia Whitmire, KreKre Fain, Heather Tenasher, Charles Pittman, Carl Rank, John
Hopgood, Sandra Bowles, Keith Coulter, Jimmy Evans, Twylia Brown, Duane Brown,
Brian Chambers, Elizabeth Higgs, Caroline McSween, Colin McSween, Jeanene
McCuistion, Tracy Martin, Jeff Nordie, Cheryl Nordie, May Welstin, Franklin Stapp,
Katie Webster, Marty McCuistion, Steven Gross, Merlin Shippey, Ida Mae Richie, Eddie
G. Garland, James Halley, Betsy Copeland, Nicholas Copeland, Cecelia McCuistion,
Franklin Smith, Danny McCuistion, Kenny Ruland, Carla Mercer, Scott Kirby, Sakin
McCuistion, Glenn Lanier, Elizabeth Muir, Jerri Harbin, Gary Harbin, Jerry Don Prater,
Mareanne Edelman, Todd Edelman, Ruby White, Louise Lanier, Ronald LaFon, Diane
LaFon, Amanda LaFon, Matthew LaFon, Shirlene Wright, J.L. Wright, Earl Ross, David
Miller, Woodrow Barton, Richard Hinghly, Stephanie Wills, Andrew Cox, Roger Morgan,
--- Kyle Nelson, Mike Richie, Belinda Richie, Mirian Calderon, Oleo Calderon, Ana Calderon,
Lori Wilson, Ronda Barnes, Sherry Muir, Wade Parson, Billie Parsons, Rex Parsons,
Cindy Parsons, David Parsons, Bryan Parsons, Michael King, Phyllis Reviea, Damon
Paton, David Pennington, Vinita Pennington, Ann Weatherall, Jane Valentine, Steven
Grove, Steven D. Grove, Frances Grove, Linda Henderson, Bill Dower, Donna Dewer,
Melissa Chambers, Mary Ann Pyron, Betty Sons, Charles Blakely, Mary Blakely, Terri
Williams, Teresa Calvert, Pearl Klein, Sara Langley, Dickie & Melinda Amyx, Debbie Cox,
Debbie Spindle, Lorie Swanson, Lauren & Kathy Trottier, Ken & Molly Swindle, Toni
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05/18/98
Volt, Audette &Bill Kincaid, Dale Sprabary, Linda Spraybary, Rick Fuller, Chris Allen,
Joe Falls, Jackie Prater, Kevin Ward, Vera Harper, Lisa Gregor, Michael McNeal, Tresa
McNeal, Helen Kirby, Mary Lines, Lloyd Lines, Lindsy Wadsworth, Randy Martin, Nancy
Smith, Millard Smith, Glover McDaniel, Bill Park, Jennifer Stephenson, Chaet Stephenson,
Cherry Beard, Chris Jim, Diann Frazier, James Shivers, Connie Shivers, Donna Searle,
Wanda Lynch, Debbie Linn, Connie Moss, Thomas Moss, Rona Roberts, Carol Tucker,
Gayla Bittle, Tammy Dean, W.K. Pate, Marland Knight, Margie Knight, Stephen Wood,
Jody Roberts, Mike Vinson, Gary Davis, Karl Towle, Steve Armand, Dannie Wade, Pam
Wade, Teressa Koch, Steve Koch, Stacey Mills, Cynthia Whately, Joe Shelton, Terry
Morrison, Fred Simmons, Jimmy Smith, Mary Parkens, Paula Dunham, Laurea Brooks,
Mary Jones, Patty Staton, Juan Flores, Todd Staton, Robert Patton, Lara Metker, Kathryn
Shuffield, Carol Glickman, Sharon Copeland, Terry Daniel, Orville O'Rear, Donna Davis,
Diana Bernal
1. Mayor Coker Called the Meeting to Order. Dr. Joe Twellman, First United
Methodist Church led the Invocation followed by Councilman Kincaid leading the
Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes
b) Disbursements
Motion was made by Councilman Jenkins to Approve Consent Agenda, Seconded
by Councilman Ervin.
Motion Carried unanimously.
Citizens Input.
Citizens Input will be taken care of in Other Such Matters.
Consider and Possible Action Regarding Resolution from GNB.
Motion was made by Councilman Jenkins to Approve Resolution from GNB with one
change -- City Manager to City Administrator. Seconded by Councilman Kincaid.
Motion Carried unanimously.
(4)5. Consider and Possible Action Regarding Interlocal Agreement for Tax Collection
between the City of Sanger and the County of Denton.
Mary Horn addressed this item. She indicated to Council that the Sanger ISD has
agreed to allow Denton County to collect their taxes beginning with the month of
June. Mrs. Horn explained the billing process which is 55 cents per statement
mailed, and the same applies for each delinquent statement mailed. The only cost
is the October statement and May.
The effective tax rate must be set by the end of September in order for statements
to be mailed in a timely manner in October. There is no charge for calculating the
tax rate, however the cost for the publication is the City's responsibility.
Brief discussion.
Motion was made by Councilman Kincaid to Approve Agreement with Denton
County Tax Assessor/Collector to assess City Taxes. Seconded by Councilman
James.
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05/18/98
PAGE 3
Motion Carried unanimously.
Mary Horn indicated that in her conversation with the City Administrator, she
suggested July 1, 1998. This will give staff time to prepare end of the month reports
and to make sure everything balances.
The last day for collections of the City will be June 30, 1998. McCreary, Veselka,
Bragg & Allen, City Attorney for tax collections are in the same office building, and
they also handle the tax collections for the other two entities.
(5)6. Consider and Possible Action to Award Bid for City Uniforms.
City Administrator recommended G&K (low bid) and after talking to them the
problem the City was having with their contract was in communication between their
employees and City staff.
Motion was made by Councilman Jenkins to Award Bid for City Uniforms to G&K
for a period of one year with a one year option for renewal. Seconded by
Councilman Ervin.
Motion Carried unanimously.
(�7. Any Other Such Matters.
Mayor Coker addressed the crowd of citizens in the Council Chambers. Mayor
asked that the citizens limit themselves to five minutes in their speech. Mayor
indicated to the crowd that if there were a lot of citizens who spoke and kept stating
the same issues over and over then it would stop. Mayor did indicate it would be
nice if there was a limited few to speak instead of everyone; however, if everyone
wants to speak and if their speech is different then Council will listen.
Mayor also stated that this group has never asked to be on a Council agenda, and
Council can not take any action, or answer questions. Mayor Coker indicated he
hoped they could have another meeting and at that time Council can address their
questions and concerns.
There were several people who spoke on the landfill issue.
Joanne Roberts - 904 N. Sth -Mrs. Roberts indicated that when she sent her letter
to Council and the Courier, her intention was to make sure all the facts were fully
disclosed prior to any decision being made. Needless to say she was amazed a
contract was already signed on March 12. She indicated that Council could regain
the confidence of the people if they withdraw their application from TNRCC, and
then the existing landfill would not open or the expansion take place.
In summary of her opposition of the landfill, she referred to the release of leachate
into the City sewer lines from the landfill. She referred to health and safety issues
of the citizens and the environmental issues and how we should not destroy the
beauty and potential of our town. Mrs. Roberts said she would rather see Sanger
deal with the legal costs of getting out of the initial contract than the enormous cost
of the community for a lifetime.
Thomas Muir - Rt 2, Box 2700 -- who also represented a group of concerned
property owners addressed Council. He indicated it has taken a serious concern for
him to stand against Council in opposition to the landfill. He expressed concern that
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05/18/98
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Council had entered into an agreement with IESI to reopen the current 25 acre
landfill and in contemplation of its expansion to a 180 acre Type I landfill.
Mr. Muir gave a narrative speech regarding the landfill and the 125 acres of land
donated by IESI for a golf course. Issues of concern Mr. Muir expressed was the
construction of the golf course not being done within six (6) months of conveyance,
and not being completed within the two (2) years of initial start date. Mr. Muir
indicated the cost to install a low cost golf course could cost several million dollars
and significant operating expenditures to maintain.
In his opinion he felt Sanger would have difficulty meeting this criteria even with the
Purpose royalties and benefits from IESI. Sanger could also have difficulty meeting
the two (2) year window, which if not met the land would revert back to IESI. In
his opinion, the land would then be used as additional landfill space.
Mr. Muir referred to the golf course as a "red herring" indicating the golf course
was offered by IESI to throw the Council and the community off the basic issues.
Mr. Muir expressed concern over the moral, economic, and environmental issues
involved with the landfill, in addition to the location and the impact it will have
upon on our community. Mr. Muir gave a lengthy report to "Special Waste" that
could be dumped at the landfill and the environmental risks it can impose upon the
community.
Mr. Muir asked Council to decide what legacy they would follow if they continued
their support of the landfill, and to reassess their positions and join the rest of the
community in opposition of the landfill.
Richard Muir address Council and indicated he had traveled to Dallas today with
some of the people who led the opposition (Joe Higgs, Butch Langley and Ken
Adcock). They met with Art Krammer. After their meeting they asked Richard to
speak to Council on the outcome of that meeting.
Mr. Krammer has ason-in-law (Mr. Collins) who lives in Dallas and who has
successfully led the fight in Belz, Texas against a similar landfill. Richard Muir
indicated he will give a report on that issue, however, he hoped that when they leave
the meeting tonight they have more friends that when they came. Mr. Muir
indicated they respected Council's decision to generate more revenue for the City,
and in trying to utilize the 25 acres and possibly in the outcome get a golf course.
Mr. Muir referred to the group that had met with Mr. Collins. He indicated that
their hope was that they could focus on Council in support to help the City to
remove themselves from a contract which is not a popular contract for the City. If
there is legal action by IESI then the City invites that action, and the group he met
with will support in verbal commentary and help pass the hat to collect the monies
to sustain such a fight in an effort to get out of the contract if in fact such a contract
is binding.
Mr. Muir indicated they recognize the decision that was made in regards to the
landfill was an effort made to preserve appropriated revenues for the City. Mr.
Muir indicated that no one doubted that Council entered into this to seek revenues
for the City. Mr. Muir summarized by saying that no one present could say they
have not made mistakes in their time. Perhaps if Council could say a mistake was
made they could invite the citizens to help support the City in removing the City
from such an erroneous contract.
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05/18/98
PAGE 5
John Bucklew - 124 Freese -- also concurred with Richard Muir. Mr. Bucklew
referred to Council's mistakes in the past, ie., the one way on the service roads, the
sewer rate charged to IESI compared to what he pays for sewer at his business, the
CottonPatch Center. He also indicated that our City does not have a commercial
building permit. He asked for the Council to be known as the Council that made
the difference by not letting the landfill go through, and by making Sanger
"Someplace Special".
- Benny Johnson - 114 Southside -- spoke in support of the landfill. He indicated that
the laws are so much more restrictive now than ever before. Mr. Johnson spoke
about the "old garbage dump" the City use to have and how people lived closer to
that landfill than the one the City wants to open. Children play baseball on top of
that old covered up dump. Mr. Johnson expressed how landfills have changed, and
that there is not much odor.
Chris Hayes - 2464 W. Lois Rd -- indicted she is an environmental consultant for
a company that does alternative methods for dealing with waste and chemicals. they
do remediation, and has been personally involved in some of the sewer spills in
Sanger. Mr. Hayes continued by referring to the sewer spills and the tremendous
amount of fines imposed by TNRCC in the City*
hn summary her concern was how can the City deal with all the responsibility, legal
work, red tape, that is involved with a landfill.
Joey Copeland - 601 Crimley Lane -- spoke on the effect the landfill will have on
real estate property. Mr. Copeland apparently had spoken to Clara Adcock, Wier
Appraisals, in rgards to the impact a landfill has on real estate within a 3 mile
radius. N summary business has dropped drastically. He lives lth miles within the
proposed expansion and owns a business in Sanger.
Mr. Copeland summarized his speech on how they do not need something like this
to affect our community.
Andrew Foote and Mrs. Foote - 2725 Marian Road -- also addressed Council.
Mr. Foote indicated he and his family moved to Sanger about 4 years ago from
Dallas. They moved here to get away from all the things that go on with a big city.
The very thing they moved from has now come to Sanger.
He visited a landfill in Lewisville, and presented Council with a blown up picture
of that landfill. Mr. Foote addressed the contract with IESI. Mr. Foote finalized
his speech and assured Council the support of the City with everything they have to
keep Sanger "someplace special".
Mrs. Foote gave a narrative speech on her meeting with Ellen Flood, Community
Relations with IESI, and Gene Orcutt, Landfill Manger for IESI. In her
conversation with Gene Orcutt she indicated they discussed the plastic liner that is
placed on top that will not leak. Mrs. Foote referred to an article where it was
proven that they do leak.
Mrs. Foote indicated that later in her conversation with Mr. Orcutt he did state that
they do leak; however, it would not affect her personally since she lives on the east
side.
Mrs. Flood and Gene Orcutt both assured Mrs. Foote that no toxic waste would be
dumped, and that a 24-hour surveillance camera would monitor the trucks.
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05/18/98 PAGE 6
Mrs. Foote inquired as to who would make sure the toxic waste would not be
dumped at the landfill. Mrs. Foote indicated Mrs. Flood's response to her was that
as it is being dumped out of the truck the surveillance camera will be monitoring it.
Mrs. Foote implied that both Mrs. Flood and Gene Orcutt agreed that at that point
the toxic waste would already be dumped at the landfill, and at that time they would
scrape and clean it, however, could not promise that they would be able to get it all.
In summary, Mrs. Foote addressed questions to Mrs. Flood and Mr. Orcutt as to
why the community could not take a vote on the landfill. She indicated that God
has great plans for Sanger, and a "dump site" would go against that.
George Soyer - 2046 Laney Drive -- indicated he was in opposition to the landfill
and his concern was possible problems that could occur if the company declared
bankruptcy.
Charles Bittle -104 Acker -- agreed with Joey Copeland that every contact will have
to had an addendum on real estate or seller can be sued later it if is wrong. The
commission is just not worth the liability that will occur if the property is sold. He
would be afraid to sell any property in this area.
Doug Johnson - 817 Vernon Court — was not for or against it. He asked Council
to research it, and not to listen to hearsay. The City of Denton has a landfill, and
maybe the land was sold cheap and that's why Walmart built a new store. He
stated if this does happen they will find different ways to make money for the City.
Charles Bittle Jr. - physician and business owner in Sanger lives within a 3 mile
radius of the landfill. He expressed opposition by indicating there are health
situations of the previous landfill. Mr. Bittle indicated he had friends who had rare
aggressive cancers who have died . The only coincidence he finds to all of their
deaths was that they lived south of the old landfill.
He expressed a high concern for the health of the community and his children if the
City opened the landfill again.
Linda Piatt - Belz Road -- Nursing faculty with TWU expressed her opposition. In
summary she said in dealing with an employee of IESI years ago she inquired on an
issue concerning recycling batteries and no one could help her. On a small personal
scale she indicated these are the people they are dealing with.
Johnny McCuistion has lived in Sanger since 1966 and indicated this will be in his
front door and he spoke against it.
Icy Iles indicated that class action suits will be filed and the people do not want it
and please do not do it.
Jane Lyon - 1106 Pecan St —relocated here from Irving. She indicated that as a
marketing specialists this is economically not the best thing for the community. She
concurred by telling Council that they have a long road ahead of them. However,
she hoped they could see the support the community is willing to offer them.
Doris Gardner - 906 N. lOth -- stated how can the City handle this dump and waste
money on the golf course when they can not build half decent streets.
Tom Brown - IESI -- indicted they have heard a lot tonight, and there has been a
lot of misinformation passed out that does not even pertain to the landfill. Mr.
Brown indicted IESI wants to clear it up and take as many citizens on some bus
trips to landfills that care to go. He cleared up issues on how they could not take
hazardous waste or medical waste. Special Waste can not be taken to the landfill
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05/18/98
without approval.
PAGE '7
The landfill's highest point will match existing grade. They will establish an 800
number to address concerns. They also want to meet with representatives of the
group to tell their side of the story and answer questions.
Fletcher Kelly, Independent Engineer for IESI, to contact them. They are in the
preliminary stages of the landfill, and look for opportunities to talk to the people.
Discussion was the bus tours to landfills; however, none of the citizens present
wanted to make the tour.
Mrs. Roberts asked how soon the designs would be ready. Mr. Kelly replied it
would be months before they will be ready.
Jce Higgs,
representing the group opposing
the
landfill
indicated they have taken
some tours
on the landfill and feels they do
not
need to
see any more.
The citizens inside the Council Chamber began to ask questions and began to get
very loud.
Mr. Brown indicated that IESI has a significant investment on this project.
Mayor Coker asked if there was anyone at the meeting who would meet with IESI.
No one did.
('7)8. Meeting Adjourned.
ATTEST:
aLct l//
Rosalie Chavez, City Secre ry