Planners Look To Enforce

A visit to the courthouse will result from failure to obey zoning laws around Lake Tawakoni if planners get their way.

The Hunt County Lake Tawakoni Planning Commission is taking steps to put teeth into its decisions and punish violators.

Commission member Charles Calkins reported on his Enforcement Committee to the full commission Thursday night.

"The more I think about it, the way we are going to get the law enforced is with a special prosecutor," Calkins said. Calkins also serves as West Tawakoni city attorney. "If the commission is in agreement, I will keep trying to put it together," he said.

Member Billy Green said the group was at a point that the next step would be a prosecutor. He said he believed there was no point in talking about it any longer and should make the county commissioners aware of the need.

"I think we are all in agreement we have to get started on our enforcement," commission Chairman Don Retzlaff said.

The commission voted unanimously to table the fourth item on its agenda until a special prosecutor was named.

"In the end, everything we do should benefit the people of Hunt County," member Lanny Phillips said.

County Commissioner Phillip Martin arrived at the meeting and commented on the lack of prosecution of zoning violations.

"Here’s where the problem exists, and let’s be direct about it," Martin said. "What burns me up is that we have laws, state law… Police write Class C misdemeanor tickets for speeding and other violations, but we’re not getting help in enforcing these laws."

Martin said the county attorney was entitled to secure the services of a prosecutor if he needed help in the prosecution of cases. He read from the laws of the commission that states violators "shall be prosecuted’ for violating state law.

He said the commission should go to County Attorney Joel Littlefield and say, "Hey, we want to file charges" because these cases are violating state laws.

Green asked Martin if he was aware that Calkins was talking to Littlefield about naming Calkins as special prosecutor for the commission violations.

Green said that as of that day, Littlefield had 3,000 cases filed in his office. He said the commission planned to go to commissioner’s court and asked that a special prosecutor be named for zoning violations.

He said it would not be a problem in finding citizens willing to file complaints on the violations.

Martin answered that the commissioners court would begin budget hearings in June or July. He said at that time a meeting should be held between Littlefield, Calkins, County Judge John Horn and Martin and "put this through the commissioners court."

Calkins said he had run the idea past Judge Horn who he said thought it was a good idea.

Martin said the commission should take violations to the county attorney.

"If you have a complaint, take it up there and file it," Martin said. "Then you’ve done your job."

Calkins said Littlefield had not acted because he had been too busy.

Martin said the county had prosecutors "up there to receive a complaint." He said if they needed more manpower, it was up to them to secure it. Martin said the law provided that zoning violations "shall be prosecuted the same as a Class C misdemeanor."

Green said in the cases where police issue tickets, the ticket itself becomes a complaint. "In this case none of us are police officers. The citizens who are complaining are not police officers," he said.

Martin answered that the violation itself was the complaint and that it should be filed.

Calkins reiterated that action was being taken to appoint him as special prosecutor. He said he had recently held a conference call with Littlefield and the district attorney.

Martin said, "What can we do now? What I’m saying is file it now."

Phillips said two cases had been filed by police. In one the police officer did not show up in court, and the case had to be dismissed. In the other, a letter was returned undeliverable from the post office, and the case was dropped.

"Here’s the thing. We have to educate the other commissioners. We have to make them understand it is state law," Martin said.

Retzlaff said the commission was set up by local election and was passed by a vote of 85 percent approval.

A vacancy on the board was left unfilled at present. Martin is responsible for making the appointment. Two citizens were recommended to him for consideration.

One was West Tawakoni Mayor Protem Pete Yoho who assumed duties as mayor last week with the resignation of Mayor Bill Stausing.

The other was Tammy Noah who had also made a complaint to the commission for a zoning violation.

Martin said he hesitated in naming Yoho since as mayor he would at some point make an appointment to the commission himself.

He said he also hesitated in naming someone who would be considering a complaint they had made.

Retzlaff steps down

as chairman

Retzlaff announced that for some time he felt he had not had the time to devote as chairman of the commission. He said he would like to remain a member but not as its chairman.

The board voted unanimously to name Green as the new chairman. He previously served as vice chairman.

Gary Jacobs was elected vice chairman. Calkins was elected secretary.

Retzlaff expressed appreciation for everyone’s cooperation. "We did the best we could do," he said. "It was not quite as good as it needed to be." He said the commission needed enforcement and said down the line, inspection.

Green said, "Thank you, Don." He acknowledged the work Retzlaff had performed for the commission over the past 10 years, for writing the ordinance and keeping up with the zoning map. "You have spent a lot of personal time," Green said. In addition he said Retzlaff had given a lot of time as a liaison with commissioners court.

The commission decided to meet monthly on the second Thursday of the month.

All members of the board were present.