ORDER N0.~7555 RF'F'ROVRL RUTHORIZING GRRNTWORKS TO SUPMIT THE E001 TCDA COLONIR COMPREHENSIVE F'LRN On this the 13th day of May c00._, upon motion made by Commissioner Williams, seconded by Commissioners Griffin, the Court unanimously approved by a vote of 4-Qi-Q~, authorizing Grantworks to submit the 2Q~Q~1 T. C. D. A. Comprehensive Flan as amended to the Office of Rural Community Rffair^s for their review pr^ior to the Co~.inty's final review of the document. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: May 13, 2002 TIME PREFERRED: SUBJECT: (Please be specific) Consider and discuss authorizing GrantWorks to submit the 200] TCDA Colonia Comprehensive Plan to the Office of Rural Community Affairs for their review concurrent with the County's fmal review of the documents EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING THE COURT: Bill Williams, Commissioner, Pct. 2, Eric Hartzell, GrantWorks. ESTIMATED LENGTH OF PRESENTATION: 10 minutes. IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. I KERR COUNTY COMPREPLANIVE COLONIA STUDY & PRESENTATION TO COM MAY 13, 200 MONQAYr COVRTH I(ERR COUNTY ~, 'NIp pREp~ ,~ I5 p CQL~ W-~p` than . orporated community unit An un~nc t least ~• 'ts with a density °f a or more h0us~eloped acres- ome Population of at Has ten the dev moderate Inc per 3 acres in u ht to have glow-to- Is th° g dard of substan least 5i er 25% or greateC And Eith onion ~ Has a significant prop housing ater or sewer services 0-' hacks centralized w for federal assistance Y to qualify MOST trIKE~ e areasewer, and h°usin9~ Thes for Ovate ..ppTEN~IA~~Y.. WHAT IS ~;` REA? E1-IC'I~~'E A at: munity or subdivision th rated com 't An uninCOrpo of at (east 1 un~ units with a density Has ten develop or mo theousing ed areas, per 3 acres ~n And ater or Sewer Services Lacks centralized w rams under fed m n~ in ome atify for assistanrVey to Bete ~. areas MAY 4u door su Th ~ mould require adoor-to- bu eligibility 1 uNiY ~°~~ ERR CO D FIGURE Fp~~S pN preas ~olonia 13 _Eiig-ble ~ P°tent-ally Areas eats 8r35~ ResidM Units 1 r85g H°us-n9 5.4 SAuare M-les 0,480 pyres) ps IN p-.L p-'REA' ro~ements NEE n Housin9lmp rAillio in Needs $225 00 in water SYste te+r Needs `~~ pp,0 illion in Sewer Sys ~g.2 ~ _ _ ~QEA~ TY CpLpN,IA pNEN~S KERR Cpl}N TuQY ~prAP o~_ANNING ' N~ SURVEY & Mpppl .GAO Data s ~Suhdivision Plats) .County Cierk ReCOrd .Field Survey S stems raphic Information Y .Geog ANALYSIS TNRCC~ .Water System Data C s .Existing System Map .Housing ~n~t Counts p~AN fist .Improve,.nents .Prioritization .Financing Methods ~~ :/ ,. ~~; , COUNTY JUDGE FkeD Het+NEKe COMMISSIONERS COURT H. A. "Busrex" Bu.Dww, Pcr. I WRLAM "&u." WR.LIAMS, PLT. 2 JONATHAN LETZ, PCT. 3 LARRY GRQFIN, PCT. 4 Ms. Sandy Mauro, Duector Texas Community Development Program Office of Rural Community Affavs 507 Sabine, Suite 700 Austin, Texas 78711 RE: Kerr County TCDP Contract No. 722411 Dear Ms. Mauro: THE COUNTY COURT OF KERB COUNTY, TEXAS 700 MAw Ka~RVal.e, TaxAS 78028 CLERK T¢: (830) 792-2211 JANNt IT PAPER FAx: (830)792-2218 COURT COORDPIATOR E-MA6: trnma®owtigbbal.ret 7lff.A $OVa May 28, 2002 This letter is to advise the Office of Rural Community Affairs that Ken County has completed an Environmental Assessment of its Community Development Program Project. It has determined that the release of funds for the proposed activities is not an action that would significantly affect the quality of the environment and no Environmental Impact Statement is required. The conclusion is the result of observations by the project engineers, the grant consultant, Texas Natural Resource Conservation Commission, Texas Historical Commission, Texas Department of Health, the EPA and the staff of Kerr County. The consensus opinion is that implementation of this Sewer System Improvements project will correct health and safety problems that have long existed in the local community. This project will not negatively affect existing land use or other endironinental concerns. Kerr County's Request for Release of Funds and Certification Form, the published newspaper page containing the Combined Notice of the Finding of No Significant Impact and the Request for Release of Funds, and a Publisher's Affidavit certifying the date of publication have also been enclosed. In addition, Kerr County has complied with the regulations concerning the coordination and compliance with this project with all other Federal and State laws and authorities as specified by 24 CFR 58.75 and has documented this compliance in its Environmental Review File. /Sincerely, / ~ ~_ ... Fred Henneke, Courty Judge Attachments Cc: GrantWorks, Inc. 1705 W. Koenig Lane, Austin, TX 78757 Planning, Housing, and Community Development Services for Rural Texas Since f 979 1705 West Koenig Lane Austin, Texas 78756 Voice (512) 420-0303 Fax (512)420-0302 austin~grantworks. net Eric Hartzell Donna Pryor Robin Sisco Dave Tucker Betty Collier Linda ElliSOn Kelly Mullane Gabi Ramirez Tres Davis Alison Lear Chessie Blanchard Bruce Spitzengel, President (Houston) Bryan Grimes, Karen W. Allison (Lubbock) Jerry Carvajal, Webbie Carvajal (Alpine) Martha Drake (Gonzales) To: Bill Williams DATE: 05/07/02 LOCALITY: Kerr County PROJECT: 72241 1 Sue~ECT: Project Start-up Forms for County Judge's Signature REMARKS: 1 know it seems like we just did this, but that was for the 2001 Colonia Grant, and these forms are for the 2002 Community Development Grant, both to provide sewer service to Kerrville South. The CD portion covers the Loyal Valley area (as opposed to the Colonia portion, which covers the Wood drive area and Riverhill) 1. Appointment of Fair Housing/Equal Opportunity Standards Officer - Last time we appointed the County Judge. 2. Certified Public Accountant's Letter to Director of Community Development Program - Please have your CPA put this letter on their letterhead, fill in the blanks and sign it. Return this letter to GrantWorks for delivery to the State Offices. 3. Direct Deposit Form - we can use the account we set up for 2001 CD, but if the Treasurer would rather open a new one, we can do that, too, as long as it's not interest-bearing. 4. Signatories Designation Form -obtain required signatures and complete the necessary bank account information before returning to GrantWorks. 5. Appointment of Labor Standards Officer Form -Please have the County Judge sign and return to us. 6. Report on Real Property Acquisition Activities -Please have the County Judge sign and return to us. 7. A draft of a resolution adopting signors for the administration of the grant. Please verify that the signors I listed are appropriate and place this resolution on your next council or commissioner's court meeting. These are the signers we used on the 2001 CD. Thanks, Bill. Please feel free to call me at 512-420.0303, and when they're done return them in the attached SASE. Yours truly - APPOINTMENT OF FAIR HOUSINGIEQUAL OPPORTUNITY STANDARDS OFFICER Contract No. 722411 Locality: Kerr County I, Fred Henneke, County Judge, do hereby appoint the following person as the Fair Housing/Equal Opportunity Standards Officer for Kerr COUnty: Fred Henneke The Fair Housing/Equal Opportunity Standards Officer shall be responsible for the oversight and compliance of fair housing and equal opportunity activities to be performed as required by the Texas Community Development Program guidelines. The Fair Housing/Equal Opportunity Standards Officer should be familiar with all civil rights laws and regulations pertaining to the Texas Community Development Program, including those described on page 8-3 of this manual and those listed on Exhibit D of the TCDP contract. Fair Housing/Equal Opportunity Standards Officer: (Signature) X Check if also acting as Section 504 Coordinator Appointed by: Fre neke County Judge S~l3~DZ (Date) PRESSLER, THOMPSON AND COMPANY A PROFESSIONAL CORPORATION Wi9iam F. Thompson, C.PA CERTIFlED PUBLIC ACCOUNTANTS Fsnst H. Dnle6ert, Jr., C.P.A. Jerry N. giver, C.PA ONE SCHREINER CENTER Douglas H. Sundberg, C.P.A 919 WATER STREET, SUITE 320 Timothy R. Poner, C.P.A KERHVILLE, TEXAS 78028 May 17, 2002 Ms. Sandy Mauro Texas Community Development Program Office of Rural Community Affairs P O Box 12877 Capital Station Austin, Texas 78711-12877 Re: TCDP Contract No. 722411 Dear Ms. Mauro: P.O. Box 290590 Telephone (930) 257.7241 Fax (930) 898-4041 Email: irlfoQpicocpa.mm In response to the request of Kerr County, please be advised that we are of the opinion that the local government has an adequate financial system to handle transactions and to account for the $250,000.00 Texas Community Development Program (TCDP) grant recently awarded to it. Concerning the financial audit of block grant funds, please be advised that the grantee's current fiscal year began on October 1, 2001 and ends on September 30, 2002. Their annual audit will encompass both the fiscal and program compliance audit requirements of the Texas Community Development Program and will include all of the current fiscal year's transactions. As the grantee has indicated in the Project Implementation Schedule of its contract with your Department, it anticipates this audit and related contract closeout activities will be completed by March 18, 2004. Please free to contact my firm at the above address should you have additional concerns regarding Kerr County. Sincerely, PRESSLER, THOMPSON AND COMPANY A PROFESSIONAL CORPORATION ".6~ Dou as H. Sundberg, CPA DHS/dnw CC: Mr. David Tucker GrantWOrks, Inc. 1404 West Koenig Lane Austin, Texas 78756 Form 74-176 (Back)(4-ga) INSTRUCTIONS FOR VENDOR DIRECT DEPOSIT AUTHORIZATION Section 1: Check the appropriate box(es) NEW SETUP - if payee is not currently on direct deposit with the state. a. Complete Sections 2, 3 8 4. b. Financial institution representative musi complete section 4. CANCELLATION - If payee wishes to stop direct deposit with the state. a. Payee completes Sections 2 & 3. EXEMPTION - If payee claims an exemption granted by Tex. Govl. Code Ann. 1;403.016 a. Payee completes Sections 2 8 5. CHANGE FINANCIAL INSTITUTION a. Payee completes section 2 & 3. b. The new financial institution representative completes Section 4. CHANGE ACCOUNT NUMBER a. Payee completes section 2 & 3. b. Financial institution representative completes section 4. Section 2: PAYEE IDENTIFICATION Item 1 Leave the shaded boxes blank if you do not have your 11-digit Comptroller Payee Identification Number. The paying state agency will provide the information to be entered into the shaded boxes. Enter you 9-digit Social Security number or your Federal Employer's Identification (FEI) number. Item 2 If your 3-digit mail code is not known, it will be assigned by the paying state agency. Section 3: AUTHORIZATON FOR SETUP, CHANGES OR CANCELLATION Items 10, The authorizing must sign, print their name, and date the form. 11 & 12 Section 4 FINANCIAL INSTITUTION Section 4 must be completed by a financial institution representative Item 19 The financial institution representative's name must be provided in Section 4. NOTE: Alterations to routing and/or account number must be initialed by the financial institution representative or the payee. Section 5: EXEMPTION a. If you qualify for an exemption, complete items 24, 25, and 26. Section 6: CANCELLATION BY AGENCY (State agency use only) Sections 6 8 7 must be completed by the paying State Agency Section 7 PAYING STATE AGENCY (State agency use only) Section 7 must be completed by the paying state agency before the form can be processed. Submit the completed form to a state agency with which you are conducting business. This agency will be designated as your custodial agency. If the direct deposit instructions need to be updated or cancelled, you must contact this agency. 74-176 (4-98) For Comptroller's use only VENDOR DIRECT DEPOSIT AUTHORIZATION INSTRUCTIONS • Use only BLUE or BLACK ink. • Alterations must be initialed. • Financial institution must complete Section 4. • Section 7 must be completed by the paying state agency. • Check all appropriate box(es). For /urther Instructions, see back of this form. TRANSACTION TYPE _ ^ New setup (Sections 2, 3, & 4) ^ Change financial institution (Sections 2, 3, B 4) to~i ^ Cancellation (Sections 2 & 3) ^ Change account number (Sections 2, 3, & 4) w rn ^ Exemption (Sections 2 & 5) ^ Change account type (Sections 2, 3, & 4) PAYEE IDENTIFICATION N 1. Soual Severity number or Fatleral EmployeYS ItleMification (FEI) 74-6001494 2. Mall Cotle (Jnof known, will be romplered by Paying State Agency) _ Z 3. Name 4. easiness Phone number Kerr County (830) 792-2211 U H 6. Street Address 6. Ciry 7. Stale 6. ZIP Code 700 Main Kerrville TX 78028 AUTHORIZATION FOR SETUP. CHANGES OR CANCELLATION g. Pursuant to Section 403.016, Texas Government Code, I authorize the Comptroller of Public Accounts to deposit by electronic Irensfer payments owed to me by the State of Teas and, if necessary, debit entries end etljusMents far any amounts depoailetl electronically in error. The Comptroller shall deposit the n payments in the finandal insfitudon and aaounl designatetl below. I recognize Nat it 1 fail to provide complete and accurate information on this authorization 0 form, the processing of the form may be delayed or that my payments may be erroneously transferred electronically. L~1 I conxnt to and agree to comply with ttre National Automated Clearing Houx Associaaon of Rules and Regulafion5 and the Comptroller's rules about w electronic transfers as the xist on the dale of m si nature on this forth or as subs ueng atlo tad, amended or re led. W 10. A ed signature 11. Printed name 72. Date r r- FINANCIAI INSTITUTION /Must ha r»mnlefRrl by financial institution renresentative_1 13. Financial instgulion name 14. City 15. State SECURITY STATE BANK & TRUST KERRVILLE 16. Routing Trensa Number 77 Customer AcrouM Number (Dashes required DYES) 16. Type of Account a ~ n Up Checking Savings O 114Q~L9 Eig___ _ 1~~~~~____________ U 19. Representative name (pleax print) 20. Title W rn LINDA SOMERVILEE vp 21. RepresaMMiva Signature (Optional) 22. Phone number 23. eta ~~ 1895 eZOOr> 4 ~ CYDIIIIDTIr1N• 1 nhlm cvamnfinn anrf rurn met navmenT by sfafa warren} frthartkl herauen~ n I am unable to establish a quali ing account at a finandal institution. j 24. Aulhorizetl Si9nalurc 25. Printed name 26. Date L W N :ANCELLATION BY AGENCY 0 27. Reason 28. Date S Y N DA VIa12 CTATC Ar_`CAICV 29. Signature 30. Printed name w G 37. Agency name 32. Agency Number F U W _ - - ~ 33. Canrnerds 34. P11orM number 35. Data TEXAS COMMUNITY DEVELOPMENT PROGRAM DEPOSITORY/AUTHORIZED SIGNATORIES DESIGNATION FORM Locality: Kerr County Contract No: 722411 The financial lending institution listed here will serve as the depository for the Texas Community Development Program contract funds: SECURITY STATE BANK & TRUST (Name of Lending Institution) 1130 JUNCTION HIGHWAY (Address) KERRVILLE, TEXAS 78028 (City, State Zip Code) 401013531 (Fund Account Number) The individuals listed below are designated by resolution as authorized signators for contractual documents -- (At least two (2) Signatories Required) Fred Henneke (Name) County Judge (Ti e (Si nature) Barbara Nemec (Name) County Treasurer (Title) (1ih ~-~ h n L/ ~~,P~ J (Signature) Bill Williams (Name) Co missioner (Title) (Signature) , Jannett P (Name) County Clerk (Title U ~~ (Signature) APPOINTMENT OF LABOR STANDARDS OFFICER Contract No. 722411 Locality: Kerr Coun I, Fred Henneke, County Judge, hereby appoint David Tucker as the Labor Standards Officer for the aforementioned contract. The appointed Labor Standards Officer is assigned to oversee the labor portion of the contract and will be responsible for assuring compliance with al Community Development Program requirements under CHAPTER 7 of the Texas Project Implementation Manual. Appointed Labor Standards Officer: David Tucker. GrantWorks. Inc. Address: 1705 West Koenig Lane. City: Telephone Number: (512) 420 - 0303 State: TX Zip: 78756 I acknowledge the appointment and duties of Labor Standards Officer. Signature: ~_ 'CI~N~ \ y ~- `--'~ ~ Date t'~ - ~ ~~ Appointed by: Fred Henneke Title: County Judge Signature: Date: REPORT ON REAL PROPERTY ACQUISITION ACTIVITIES Locality: Kerr County Contract No. 722411 Interim Report ~ Final Report ^ Acquisition Description: Method of Acquisition Date Acquiretl Number of Parcels Dollar Amount Paid j Accepted "Just Compensation" Amount N/A Acquired by Negotiation N/A Acquired by Condemnation ~ N/A Exem t from U.R.A. Re ulations -- Acquired Voluntarily (not site-specific) N/A Acquired by Donation (waived right to just compensation) N/A Acquired from Another Public Agency N/A Justification for change of acquisition plans between original and this Report (if applicable): N/A Approved Name David Tucker Signat Phone 512-420-0303 Name: Title Grant Administrator Title Date: ~ p1 Date RESOLUTION RESOLUTION OF ICERR COUNTY AUTHORIZING DESIGNATED SIGNATORS FOR TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT 722411 WHEREAS, the County has received funding under the 2002 Texas Community Development Program; and WHEREAS, it is necessary to designate signatory for contractual documents pertaining to these contracts. NOW, THEREFORE, BE IT RESOLVED BY KERR COUNTY, TEXAS: Section 1. That the Commissioners' Court designates the County Judge, County Clerk, County Commissioner and County Treasurer as authorized signatory for State of Texas Purchase Vouchers for the Texas Community Development Program Contract 722411; and, Section 2. That the Commissioners' Court designates the County Judge, County Clerk, County Commissioner and County Treasurer as authorized signatory for Requests for Advance or Reimbursement for the Texas Community Development Program Contract 722411; and, Section 3. That the Commissioners' Court directs and designates the County Judge as the County's Chief Executive Officer and Authorized Representative to act in all matters in connection with the Texas Community Development Program Contract 722411. PASSED AND APPROVED, this ~ day of~, 2002 APPROVED: ~~SIONEgS County Judge ~ t ~' ATTEST: ~ ~,~~ C ty Clerk TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT BUDGET MODIFICATION FORM MODIFICATION NO: 1 TCDP Locality: Kerr County TCDP Contract No: 721075 Original Present Present Revised Program Activity Budget Budget Change Budget 1b. Sewer Facilities $402,760 $402,760 $-3,500 $399,260 17. Housing Rehab $55,000 $55,000 -0- $55,000 24. Acquisition $20,240 $20,240 -0- $20,240 30. Engineering $22,000 $22,000 +$3,500 $25,500 $500,000 $500,000 $3,500 $500,000 In accordance with Section 16(D) of all TCDP Contracts, Kerr County requests a transfer of funds between budget categories identified in the Budget (Exhibit B). The following conditions are satisfied: • The cumulative dollar amount of this budget modification request is not greater than five percent (5%) of the total amount of the contract as specified in Section 4(C) of the contract. • The transfer will not change the scope or objective of the project(s) funded through the TCDP contract. The transfer of funds is needed for additional Engineering expenses that this project has incurred. The number of beneficiaries is not expected to change. Date: 5/9/02 Signe . Fre Henneke, County u ge COUNTY JUDGE FILED HENNeKE COMMISSIONERS COURT H. A. "BusTFn" BALOWRJ, Pcr. 1 WwnKI °BRl° wILUAMS, Pcr. 2 IGNATNAN Lerz PCf. 3 LARRY GRit}lN, PCT. 4 Ms. Sandy Mauro, Director Texas Community Development Program Office of Rural Community Affairs 507 Sabine, Suite 700 Austin, Texas 78711 RE: Kerr County TCDP Contract No. 722411 Dear Ms. Mauro: f/ i_ -, ~ j . y 'i . ri r`Onro „ THE COUNTY COURT OF KERB COUNTY, TEXAS 700 Mnw KexxvR.I.s, 7bcns 78028 CLERK 7'¢: (830)'192 2211 JANNEIT PIEeER Fn K: (830)792-2218 COURT COORDPlATOR ~Mnu-: trrtcoccQomniBlabel.cet ~IRiA $OVd May 28, 2002 This letter is to advise the Office of Rural Community Affairs that Kerr County has completed an Enduonmental Assessment of its Community Development Program Project. It has determined that the release of funds for the proposed activities is not an action that would significantly affect the quality of the environment and no Environmental Impact Statement is requued. The conclusion is the result of observations by the project engineers, the grant consultant, Texas Natural Resource Conservation Commission, Texas Historical Commission, Texas Department of Health, the EPA and the staff of Kerc County. The consensus opinion is that implementation of this Sewer System Improvements project will corcect health and safety. problems that have long existed in the local community. This project will not negatively affect existing land use or other environmental concerns. Kerc County's Request for Release of Funds and Certification Form, the published newspaper page containing the Combined Notice of the Finding of No Significant Impact and the Request for Release of Funds, and a Publisher's Affidavit certifying the date of publication have also been enclosed. In addition, Kerr County has complied with the regulations concerning the coordination and compliance with this project with all other Federal and State laws and authorities as specified by 24 CFR 58.75 and has documented this compliance in its Environmental Review File. Sincerely, ~~ ~--`-_ Fred Henneke, County Judge Attachments Cc: GrantWorks, Inc. 1705 W. Koenig Lane, Austin, TX 78757 OFFICE OF RURAL COMMUNITY AFFAIRS COMMUNITY DEVELOPMENT PROGRAM REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION (Pursuant to Section 104{f} of Title I of the Housing antl Community Development Act of 1974, as amended) ENVIRONMENTAL REVIEW 3. Kerr County 2. Contractor's Address 722411 4. Date of RequesUCertification 700 Main Kerrville, Texas 78028 5128/02 5. REQUEST FOR RELEASE OF FUNDS. The recipient of assistance under the program listed above requests the release of funds for the following Project/Program Activity: Sewer System Improvements. 6. CERTIFICATION. The recipient has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project named above and it is hereby certified: (Check One} A) that the Contractor has determined that the above project is categorically excluded from environmental review requirements and that the contractor has at least seven (7) days prior to submitting this Request for Release of Funds and Certification published in a newspaper of general circulation in the community affected, a Notice to the public (a copy of which is attached hereto in accordance with 24 CFR 58.45 & 58.70. X B) that the Contractor has done an Environmental Assessment of the above project and that the Contractor has at least fifteen (15) days prior to submitting this Request for Release of Funds and Certification published in a newspaper of general circulation in the community affected, a Combined Notice to the public (a copy of which is attached hereto) in accordance with 24 CFR 58.43, 58.44, and 58.45 c . That the level of environmental clearance carried out by the Contractor in connection with said project DID NOT require the preparation and dissemination of an Environmental Impact Statement; that the dates upon which all statutory and regulatory time periods for review, comment, or other response or action in regard to this clearance commenced and expired as indicated below; that all such dates which are applicable to this aforesaid clearance are indicated below; and that with the expiration of each of the time periods indicated below, Contractor is in compliance with the requirements of 24 CFR 58: Item Commence Expire Notice of Finding No Significant Impact Publication Date Comment Period n/a xxxxxxxxx Combined Notice: FONSI and Intent to Request Release of Funds Publication Date Comment Period 5!11!02 5712/02 5/28102 Notice of Intent to Request Release of Funds Publication Date Comment Period n/a xxxxxxxxx Other (specify) Request for Release of Funds -Estimate by Recipient State Decision Period 5/30/02 6/16/02 Request for Release of Funds -Actual by State State Decision Period TCDP Contract No. 722411 Request for Release of Funds 8 Certification Page 2 of 2 That the undersigned officer of the Contractor is authorized to, and does, consent to assume the status of responsible Federal Officer under the National Environmental Policy Act of 1969 and 24 CFR 58, insofar as the provisions of said Act regulations apply to the Office of Rural Community Affairs' responsibilities for environmental review, decision-making, and action assumed and carried out by the Contractor; that by so consenting, the undersigned officer of Contractor assumes the responsibilities, where applicable, for the conduct of environmental review, decision-making, and action as to environmental issues, preparation and circulation of draft, final, and supplemental environmental impact statements, and assumption of lead agency responsibilities for preparation of such statements on behalf of Federal agencies other than ORCA when such agencies consent to such assumption; That the undersigned officer of the Contractor is authorized to consent to, and on behalf of the Contractor, accepts the jurisdiction of the Federal courts for the enforcement of ali these aforesaid responsibilities; and that the undersigned does so consent, on behalf of the Contractor in the official capacity of Certifying Environmental Officer of the Contractor. ignature of!-CerQfying Officer) Fred Henneke, County Judge (Title) 700 Main (Address) Kerrville, TX 78028 (City/StatelZip Code) 5/28/02 (Date) Warning -Section 1001 of Title 18 of the United States Code and Criminal Procedure shall apply to the foregoing certification. Title 18 provides, among other things, that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned not more than five years or both. (PLEASE RETYPE or REPRINT ON YOUR LETTERHEAD) (DISK IS PROVIDED) 5/28/02 E- (PLEASE MAINTAIN THIS DATE WHEN YOU REPRINT AND ERASE THIS AND THE ABOVE PARENTHETICAL COMMENTS) Ms. Sandy Mauro, Director Texas Community Development Program Office of Rural Community Affairs 507 Sabine, Suite 700 Austin, Texas 78711 RE: Kerr County TCDP Contract No. 722411 Dear Ms. Mauro: This letter is to advise the Office of Rural Community Affairs that Kerr County has completed an Environmental Assessment of its Community Development Program Project. It has determined that the release of funds for the proposed activities is not an action that would significantly affect the quality of the environment and no Environmental Impact Statement is required. The conclusion is the result of observations by the project engineers, the grant consultant, Texas Natural Resource Conservation Commission, Texas Historical Commission, Texas Department of Health, the EPA and the staff of Kerr County. The consensus opinion is that implementation of this Sewer System Improvements project will correct health and safety problems that have long existed in the local community. This project will not negatively affect existing land use or other environmental concerns. Kerr County's Request for Release of Funds and Certification Form, the published newspaper page containing the Combined Notice of the Finding of No Significant Impact and the Request for Release of Funds, and a Publisher's Affidavit certifying the date of publication have also been enclosed. In addition, Kerr County has complied with the regulations concerning the coordination and compliance with this project with all other Federal and State laws and authorities as specified by 24 CFR 58.75 and has documented this compliance in its Environmental Review File. Sincerely, Fred Henneke, County Judge Attachments Cc: GrantWorks, Inc. 1705 W. Koenig Lane, Austin, TX 78757 COMBINED NOTICE BY KERR COUNTY NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS TO: ALL INTERESTED PARTIES, GROUPS AND PERSONS Seventeen (17) days after this publication, Kerr County, Affairs (ORCA) to release Federal funds under the Title I (P.L. 93-383) for project no. 722411. Texas, intends to request the Office of Rural Community of the Housing and Community Development act of 1974 Exempt Activities Administration Planning and Engineering CateooricalN Excluded Activities None Environmental Assessment Activities Provide first time sewer service by constructing 1,000 I.f. of 4" Sewer Line, 1,600 I.f. of 6" sewer line, 6 manholes, a new lift station, 32 service connections and removal of septic systems FINDING OF NO SIGNIFICANT IMPACT It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of the human environment and, accordingly, Kerr County has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (P. L. 91-190). The reason for such decision not to prepare such a Statement is based upon the fact that all environmental concerns could either be minimized or mitigated. An Environmental Assessment respecting the within project has been made by Kerr County which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. The Environmental Review Record is on file at the County Judge's office, 700 Main, Kerrville, TX, 78028 and is available for public examination and copying upon request between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. PUBLIC COMMENTS ON FINDING All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments for consideration by Kerr County to the address as set forth below. Such written comments must be received at the addressed specified within fifteen (15) days after this publication. Such written comments so received must be considered and Kerr County will not request the release of funds or take any administrative action on the project before the date specified in the preceding sentence. Kerr County will undertake the activities described above with Community Development Block Grant Funds under the Title I from its Program Year 2002 under grant numbered 722411 from the Housing and Community Development Act of 1974. Kerr County is certifying to the ORCA that Fred Henneke in his official capacity as County Judge, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making and action; and that these responsibilities have been satisfied. The legal effect of the certification is that, upon its approval, Kerr County may use the Block Grant funds and it will have satisfied its responsibilities under the National Environmental Policy Act of 1969. ORCA will accept an objection to its approval only on one or more of the bases and procedures described in 24 CFR Part 58.75. Objections are to be addressed to the Office of Rural Community Affairs, P.O. Box 12877, Capitol Station, Austin, Texas 78711. Objections to the. release of funds on basis other than those stated above will not be considered by the ORCA. No objections received later than thirty-five (35) days after this publication will be considered by ORCA. The Honorable Fred Henneke County Judge, Kerr County _ 700 Main Kerrville, TX 78028 1705 West Koenig Lane Office (512) 420-0303 Austin, Texas 78756 Fax (512)420-0302 austi nC~grantworks. net Planning, Housing, and Community Development Services for Rural Texas Since 1979 TO: Fred Henneke, County Judge DATE: 5/x/02 Kerr County PROJECT: Sewer System Improvements RE: Environmental Assessment CONTRACT : TCDP 722411 We are sending you the following attached: • Environmental Review for your records Combined Notice of Intent to Request Release of Funds Request for Release of Funds (to be signed and returned) • Cover Letter to Sandy Mauro (to be rewritten on your letterhead, signed, and returned) Remarks: The Environmental Review for the City's new TCDP Contract 722411 has been completed. A copy of this Review has been enclosed for your files. The enclosed public notice has already been forwarded to the local newspaper and will be published on 5/11/02. A copy of this notice has been provided for your information and files. The cover letter to Sandy Mauro at the Texas Community Development Program must be typed or reprinted (disk included) on your locality's letterhead and signed by the County Judge as indicated. The Request for Release of Funds form must also be signed by the County Judge. Once all three forms are signed they should be returned to this office as soon as possible for processing. I can be reached at (512) 420-0303 if you have any questions regarding this transmittal. Thank you for your assistance. David Tucker ENVIRONMENTAL ASSESSMENT Kerr County TEXAS COMMUNITY DEVELOPMENT PROGRAM COMMUNITY DEVELOPMENT FUND TCDP CONTRACT NO. 722411 PROJECT IDENTIFICATION Recipient: Kerr County Chief Elected Official: Fred Henneke, County Judge Contract No: 722411 Project Name: Sewer System Improvements Date: MAY 3, 2002 Project Narrative: Kerr County has been awarded a Community Development Grant to perform a Sewer System Improvements project. Kerr County proposes to provide first time sewer service to Residents in the Kerrville South area by constructing 1,000 I.f. of 4" Sewer Line, 1,600 I.f. of 6" sewer line, 6 manholes, a new lift station, 32 service connections and removal of septic systems. The work crew that will be hired after a formal bidding process will likely consist of five to ten men. Work will be performed during the weekday during normal business hours using heavy equipment such as a backhoe, heavy bulldozer and possibly a boring machine. Although some work may take place along a public roadway, the streets being affected typically have low traffic flow and flagmen will direct traffic when necessary. Particulate dust matter will be increased in the area during construction, but should return to normal after the work is completed. All workers will be paid the rates dictated by the most current Davis-Bacon Wage Rate decision for the area. Construction is expected to begin in the Fall of 2002 and continue two to four months. The County's contract with the ORCA began on March 19, 2002 and will terminate on March 18, 2004. Funding for this project is being provided by the Office of Rural Community Affairs in the amount of $250,000.00 with the Upper Guadalupe River Authority contributing $12,500.00 as matching funds. All necessary public hearings were held during the application process and all notices were provided in the appropriate newspapers. Kerrville is the Kerr County seat. Kerr County had a population of 43,238 during the 2000 census and Kerrville had a population of 21,706. Kerr County is a popular area for tourists, hunters, anglers, youth camps, and ranches, and has a state park, a wildlife management area, a Folk Festival, and a Cowboy Artists Museum. The unemployment level is 2.6 percent. The city economy reflects the county economy. The soil in the project area is of the Nuvalde-Oakall-Boerne Association which deep, nearly level to gently sloping, with clayey and loamy characteristics, and is typically found on terraces and bottom lands. Soil type and characteristics will be taken into account by the Engineer during the project design. Kerr County has a mild climate. The county ranges in altitude from 1,450 to 2,400 feet. The average annual rainfall is 29.8 inches per year. The January mean minimum temperature is 32 degrees and the July mean maximum temperature is 94 degrees. The growing season is 216 days. The Texas Historical Commission has been contacted for consultation regarding historical impact. The Commission determined "No Effect". The public will be notified of the project through a notice published in a newspaper of local circulation. This notice will allow for a minimum of 15 days for local comments to Kerr County and an additional fifteen days after the Request for Release of Funds has been received by the Texas Department of Housing and Community Affairs. Kerr County is providing access to the proposed improvements for each low income project beneficiary claimed. Kerr County shall not levy any assessments, such as tap fees, capital recovery fees, or access fees against the low income project beneficiaries. This environmental assessment has taken into consideration the proposed target are and an area within one mile of the target area. Total Project Beneficiaries: 103 American! Asian & Alaskan Pacific Male Female White Black Hispanic Native Islander Other 52 51 41 3 58 1 0 0 Comparison with Applicable Plans Project in compliance: Type of Plan Yes No N/A Local Comprehensive Plans, including Land Use and Growth Mana ement elements X Area and Re Tonal Plans X Local Zonin Ordinances X PRELIMINARY ENVIRONMENTAL REVIEW POTENTIAL IMPACT ON PHYSICAL ENVIRONMENT Kerr County, TCDP No. 722411 Major Moderate Minor None Unknown Comments attached: 1. Terrestrial & Aquatic Life and Habitats X REF A-1 2. Water Quality, Quantity and Distribution X REF A-2 3. Geology & Soil Quality, Stability and Moisture X REF A3 4. Vegetation Cover, Quantity and Quality X REF A-4 5. Aesthetics X REF A-5 6. Air Quality X REF A-6 7. Unique, Endangered, Fragile, or Limited Environmental Resources X REF A-7 8. Demands on Environmental Resources of Land, Water, Air and Ener X REF A-8 9. Historical and Archaeological Sites X REF A-9 10. Farmland X REF A-10 POTENTIAL IMPACT ON HUMAN ENVIRONMENT Major Moderate Minor None Unknown Comments attached: 1. Social Structures and Mores X REF B-1 2. Cultural Uniqueness and Diversity X REF B-2 3. Agricultural or Industrial Production X REF B3 4. Human Health X REF B-4 5. Access to and Quality of Recreational and Wilderness Activities X REF B-5 6. Quality and Distribution of Employment X REF B-6 7. Distribution and Density of Housing X REF B-7 8. Demand for Government Services X REF B-8 9. Industrial and Commercial Activity X REF B-9 10. Demands for Energy X REF B-10 11. Locally Adopted Environmental Plans and Goals X REF B-11 12. Transportation Networks and Traffic Flows X REF B-12 Recommendation Concerning Preparation of EIS: It is the conclusion of this environmental review that no significant impact will result from the implementation of the proposed project and therefore an environmental impact statement is not necessary or required. Prepared by GrantWorks, Inc. Date: MAY 3, 2002 ENVIRONMENTAL ASSESSMENT CHECKLIST Kerr County, Sewer System Improvements TCDP N0.722411 MPACT CATEGORIES o Impact Antici ated otentially Beneficial Potentially Adverse- Requires Documentation onl Potentially Adverse- Requires More Stud eeds Miti ation Resource Project Modifcation Explanation, References to Documentation, Sources, Notes, ones ondence NATURAL FEATURES ater Features X REF A-2 Surface Water X REF A-2 atercourses X REF A-2 Unique Natural Features & ricultural Lands X REF B-3 egetation & Wildlife X REF A-4 SOCIO-ECONOMIC Demographic Character Chan es X REF B-7 Displacement X None will occur Employment & Income Patterns X REF B-6 COMMUNITY FACILITIES ND SERVICES Educational Facilities X Not Applicable ommercial Facilities X REF B-9 Health Care X Not Applicable Social Services X Not Applicable Solid Waste X REF B-8 astewater X REF B-8 Storm water X REF A-2 ater Supply X REF A-2 Police X Not Applicable Fire Protection X Not Applicable Emergency/ Medical X Not Applicable pen Space X REF B-5 Recreation X REF 6-5 Explanation, Potentially References to Potentially Adverse- Adverse- Resource Documentation, No Impact Potentially Requires Requires Needs Project Sources, Notes, IMPACT CATEGORIES Antici ated Beneficial Documentation onl More Stud Miti ation Modification Corres ondence COMMUNITY FACILITIES ND SERVICES CON Cultural Facilities X REF B-2 ransportation X REF B-12 LAND DEVELOPMENT Conformance with X Conforms to Comprehensive Plans & xisting plans onin ompatibility & Urban Im act X Refer to all Sections Slope Stability X REF A3 Erosion X REF A-3 Soil Suitability X REF A3 Hazards & Nuisances, X None known includin site safet Energy Consumption X REF B-10 ENVIRONMENTAL DESIGN 8 HISTORIC ALUES isual Quality- coherence, X REF A-5 iversity, compatible land use and scale Historic, cultural, and X REF A-9 rchaeolo icalresources IR QUALITY Effects of ambient air X REF A-6 uality on project and ontribution to community ollution levels ENVIRONMENTAL ASSESSMENT CHECKLIST Summary of Environmental Conditions: Local environmental conditions consist of mixed residential, public, semi-public, industrial, and commercial development. There are no known environmentally sensitive areas, prime agricultural lands, historical properties, or other restrictive conditions known which would be impacted by the project. Alternatives Considered: There were three types of alternatives considered. First, the "No Activity" alternative is a determination that no action is necessary to satisfy the stated purpose of the proposed project. In the target area, the lack of adequate sewer facilities poses a serious community deficiency. Therefore, the no activity alternative is unsatisfactory since it would allow continuation of an undesirable and unwanted condition that would not satisfy the purpose of the project. Second, the "Size Reduction" alternative provides for the reduction of improvements in the project area. The selection of the project activities was based on identified deficiencies of the local public sewer system. Reducing the scope of the proposed activities is not satisfactory since it would not satisfy the needs of the local community. Third, the "Revised Location" alternative provides for the location of the project to a different area. The area was selected on the basis that the available sewer facilities are inadequate and also must meet the TCDP beneficiary criteria. Therefore, this alternative is not satisfactory since another location would not satisfy the purpose of the project. Additional Studies Performed: None. Mitigation Measures Needed: Mitigation measures are not required for this project. The negative impacts, stated above, are virtually non-existent while the positive impacts are much more considerable. The short-term problems of construction (e.g., related noise, air pollution, and erosion) will be addressed through proper construction techniques and mitigating measures will be employed if needed. 1. Is project in compliance with applicable laws and regulations? 2. Is an EIS required? _ Yes or X No X Yes or _ No 3. A Finding of No Significant Impact (FONSI) can be made. Project will not significantly affect the quality of the human environment X Yes or _ No Basic Reasons Supporting Decision The negative environmental impacts of this project are minimal and of a short-term nature. There will be an increase in local noise, dust, erosion and other minor nuisances during construction but these will cease after construction is completed. The activities will not affect any known historical or archaeological resources of local state, or national significance. There are no known protected or endangered fauna or flora or habitat in the project area. Prepared by GrantWorks, Inc. Date: MAY 3, 2002 OTHER LAWS AND AUTHORITIES CHECKLIST This Review Form Is Part Of An Environmental Assessment CONTRACTOR: Kerr County CONTRACT NO: 722411 PROJECT: Sewer System Improvements CERTIFYING OFFICER: Fred Henneke, County Judge DATE: MAY 3, 2002 ENVIRONMENTAL REA /A Construction Required & om leted Permit Required Obtained Project Consistent /applicable plans/ standards onditions/Safeg wards/Mitigations Re wired II Determinations need xplanation, reference to ocument source, notes, or comes ondence 1. Historic Preservation X REF A-9 . Flood Hazard Protection X REF A3-E 3. Exec Order 11988 X REF A3-E . NFIP X REF A3-E Wetlands Protection X No wetlands in area Sole Source Aquifers X -2-B 7. Endangered Species X -7 Air Quality Protection X REF A-6 HUD Environmental Standards a. Noise X REF A-11 b. Landfill Hazard X Not Applicable c. Upset Hazards X REF A-5 10. Farmlands Protection X REF A-10 11 Lead-based Paint X Not Applicable COMMENTS A. POTENTIAL IMPACT ON PHYSICAL ENVIRONMENT 1. Terrestrial and aquatic life and habitats: Construction may temporarily effect local wildlife habitats, but will take place entirely on existing roadways and personal property, that is, developed areas. Because failing septic tanks are being replaced with sewer lines, the local ecosystem may see improvements. Impact: The proposed improvements should have minor potential impact on wildlife or habitat. 2. Water quality, quantity and distribution: A. Water Aspects (hydrological) -Because failing septic tanks that drain into the local Camp Meeting Creek are being removed, drainage water should be less contaminated. But drainage should not be affected overall. Impact: The project should have minor to no impact on the drainage in the project area. B. Water Supply -Because local septic tanks are failing and running into Camp Meeting Creek, the local water sources should be improved by this project because these septic tanks are being removed and replaced. The residents of this area are already supplied with water from the Kerrville South water system. Impact: The project shall have a beneficial impact, if any, on the community's supply of water for all uses. 3. Geology and soil quality, stability, and moisture: A. Soil -there are no negative impacts to the soils due to the limited nature of the project area. B. Geology and Natural Resources -There is no data available on faults C. Topography -the project area is relatively flat and there shall be effectively no change to nor effect from this factor. D. Climate (especially unusual conditions) -the community is located in a moderate rainfall area, approximately 29.8 inches annually. E. Other Conditions - No portion of the project falls within the 100-year flood plain, therefore NFIP regulations are not applicable. Impact: There shall be on a minor impact on these factors. 4. Vegetation cover, quantity and quality -the soil found at the project site is covered with a variety of trees and grasses common to the area. Vegetation should only be affected during construction, and efforts will be made to restore the local flora to its original state. Impact: The proposed project will have no known impact on the area's vegetation. 5. Aesthetics -The project site is located in an existing urbanized area where underground utilities are normally found. The implementation of the project will only have an aesthetics problem during construction. Impact: The project shall have no impact on the aesthetics of the community. 6. Air Quality -The area is not regularly monitored by the Texas Air Control Board, therefore, data on local conditions are not readily available. Generally, air quality in the area is good and there are no known nearby industrial activities to contribute to air quality deterioration. Impact: Through project construction there will be some increase in ambient dust particulate from machinery and soil disturbances. These will be only temporary in nature and all efforts will be made through proper construction methods to ensure dust control and properly functioning equipment. 7. Unique, endangered, fragile or limited environmental resources - A review has been made of a listing of endangered and/or nongame threatened species provided by the Texas Parks and Wildlife Department to determine the potential of certain animals and plants being found within the project area. This review indicated no known animal or plants on the project site, which is already fully developed. Impact: There are no known long-term disturbances of any habitat which might support endangered animal or plant species. 8. Demands on environmental resources of land, water, air and energy -The demands placed on existing environmental resources have been discussed through the previous sections. Land resources in the area may experience some additional demand, but since the area is nearly fully developed presently, this shall have only minor impact. Water resources shall not be impacted. The project shall have only minimal additional demand on air and energy resources, mainly during construction. Impact: The demands on environmental resources as a result of this project will be minimal. As previously discussed in their respective sections, known land, water, air and energy resource expenditures will occur primarily during construction activities. 9. Historical and archeological sites - A listing of state and federal register properties has been reviewed and the local Historical Society has been contacted. Impact: No known historic or archaeological resources are known to exist in the area. 10. Farmlands -There is no farmland to be impacted by this project. 11. Noise Pollution -Although noise will be created during construction, the construction period should be brief (under 120 days). Local residents have been notified of the nature and location of the project during a formal hearing process during the application phase of this project. Any complaints will be taken into consideration. Impact: No farmland shall be impacted by this project. B. POTENTIAL IMPACTS ON HUMAN ENVIRONMENT 1. Social Structures and Mores -This type of project should not have any application to this category. 2. Cultural Uniqueness and Diversity -Due to the nature of the project no increase or decrease of services shall be noticeable to the general public to interrupt, influence or change the local cultural heritage and diversity. 3. Agricultural or Industrial Production -These factors should remain essentially the same during the short-term period after construction. 4. Human Health -Health conditions shall not be adversely impacted due to the nature of the project. 5. Access to Recreational and Wilderness Activities: Project shall have no impact on this factor. 6. Quality and Distribution of Employment -Since this project involves the rehabilitation of existing facilities, employment opportunities will not be enhanced unless the project spurs further commercial or manufacturing businesses to locate to the area which is unlikely as a direct result of this project. 7. Distribution and Density of Population and Housing -There should be no major changes in these environmental conditions since the work will occur in an existing residential area. 8. Demand for Government Services -Although demands on the local sewer plant will increase due to new connections, the plant has the capacity to handle the increase. 9. Industrial and Commercial Activity -The nature of the project shall have no little or no impact upon these factors. 10. Demands for Energy -There should be only minor demands for additional energy resources due to construction work or the installation of new facilities. 11. Local Adopted Environmental Plans and Goals -There are none known to exist. 12. Transportation Networks and Traffic Flows -See the project narrative for expected traffic problems and mitigation. J :~ ,.. 9 , ,~, > 5 -' . ~ ~\ ,. .~ ~y :.~ .~. `, e1 1 '~ ~e. r ~,, 1~ .,} ' 4~ ~~~--,~ n ,~ ,~w~'6zt1S1'L V._M~ M~HX ~`'` ,, r ~,t .~- ~~ ~~ `. w d ~~t.s . f0 i a ',i-r~r~: ~6~,~.V IGv~~ ~~$cTr oN 4~~~~~o ~` y~ ~J ;' z ~ 6~~P~E~ as