SPECIAL COMMI SI ~~~ S ONERS COURT AGENDA MONDAY, JUNE 3, 2002, 6:30 P.M. COMMISSIONERS' COURTROOM KERR COUNTY COURTHOUSE KERRVILLE, TEXAS 78028 THIS NOTICE IS POSTED PURSUANT TO THE TEXAS OPEN MEETINGS ACT. (TITLE 5, CHAPTER 551, GOVERNMENT CODE AND TITLE 5, CHAPTER 552, GOVERNMENT CODE.) This Commissioners' Court will hold a meeting at 6:30 P.M, Monday, June 3, 2002, at the Ken County Courthouse in the Commissioners' Courtroom. CALL MEETING TO ORDER I CONSIDERATION AGENDA: (Action may be taken on Items listed below) L1 Public hearing on the County's 2000 Colonia Comprehensive Plan. / /_J ~iC L~-~~~Z y` ~~ y ~ ~D~ w. Br i t PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. Name: Address: Telephone: Place of Employment: Employment Telephone: Do you represent any particulaz group or organization? Yes ~ No If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? In general, aze you for or against such Agenda Item (or Items)? For ^ Against Signature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are. PUBLIC HEARING Kerr County Comprehensive Colonia Study And Plan 6:30 PM, June 3, 2002 What is a "Colonia?" Every agency has a different definition. This particular program uses HUD's definition, set out in federal law (1990 Cranston-Gonzales National Affordable Housing Act) as: Any identifiable unincorporated community determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and was in existence prior to November 28, 1990. The federal law also requires that a colonia be located within 150 miles of The US-Mexico border to be eligible for HUD assistance. Further, HUD requires all funds targeting "colonia" areas to meet its national program objective of "principally benefiting low and moderate income persons." Low and moderate income persons are members of households that earn at or below 80% of the median household income for their county. This information must be specially tabulated and is not yet available from the 2000 Census (HUD estimates it will be available in 2003). Beyond these basic requirements, HUD (and The State agency that oversees The Colonia Planning program, the Office of Rural Community Affairs) leaves the actual business of identifying colonia areas to each county. Most Counties use the least restrictive definitions To identify their colonia areas, thereby maximizing flexibility regarding The locations where assistance may be targeted. The least restrictive definition to IDENTIFY colonia areas requires that an area meet the following conditions: l . Unincorporated or recently annexed (within the past 5 years) area; 2. Within 150 miles of the US-Mexico border; 3. Either lacks adequate water supply, sewage treatment, or housing; To actually RECEIVE financial assistance (water, sewer, housing, etc.), The area must also meet The low and moderate income requirement (51 % of the population to benefit must belong to low and moderate income households). This requirement is Typically met after the planning process, but before any grant application for assistance is filed, through a door-to-door survey. The only other way to determine low and moderate income percentages is by using Census data, but the level of detail usually does not extend down to specific subdivisions. Not knowing the exact low and moderate income percentage does not prevent areas from being included in the plan as potential future project sites, if there is some identifiable need. This is a LOCAL decision that depends on input from local officials and the public. Changes since the April 22, 2002 Workshop Several additional areas were identified by workshop participants that appear to meet the colonic criteria. These were Westwood Park, near Comfort, and the area along Blue Ridge and Lafayette Roads between Kerrville and Ingram just north of SH 27. Both areas have the densities and proximity to existing or planned sewer systems to be included in the 10-year capital improvements plan. Two other areas, Oak Ridge and Park Place, were also reviewed and meet the housing conditions (each have about 50% fair/poor condition housing) and density criteria. These areas have adequate potable water systems and are not large enough to support their own sewer systems or close enough to existing or planned systems to be connected during the planning horizon. These areas were designated "potentially eligible areas" because residents could benefit from future housing rehabilitation assistance programs and from water system improvement programs (new lines, wells, tanks, etc.) should the need arise in the next 10 years. Several other areas were re-evaluated following public input and were removed from the Colonic Plan. These areas were initially included based upon their densities and their lack of centralized sewer collection, but have adequate water supply and a majority of homes in good or standard condition. After the public pointed out this discrepancy, These areas were re-designated "potentially eligible areas." Upon further consideration, because these areas have good housing quality and no water or sewer needs anticipated during the planning period, they were removed entirely from the plan. There was also doubt expressed that these areas would qualify as 51 % low and moderate income. These areas are Fawn Run, Quail Run, Mills-Miller, and Silver Creek Estates. Blue Ridge•Lafayette, Quail Run, Fawn Run, Westwood Oaks MHP, and _ parts of Center Point), Weidenfeld Water Company (Silver Creek, parts of Center Point and from the Texas Natural Resource Conservation Commission (TNRCC) for all systems in the county; 2) No centralized sewer collection and treatment systems exist in unincorporated Kerr County, so no inventory was possible. The rural utilities, the Upper Guadalupe River Authority, any existing engineering studies, and the field survey were used to identify needs. 3) Street and Drainage conditions and needs were determined by the field survey, mapping from the Kerr CAD, the U.S. Geologic Survey (USGS), the Federal Emergency Management Agency (FEMA) and TxDOT, and through meetings with the Kerr County Commissioners and the general public. Water. Alt but one of the county's colonic and potentially-eligible areas, Turtle Creek .Ranches, have water service through privately held water systems. There are no public systems serving unincorporated Kerr County. Several systems rely on single wells and may be in disrepair. The soils in some of the colonic areas are thin, with exposed limestone bedrock in many places. This significantly increases the costs of installing and maintaining water and sewer systems. Water improvement costs were estimated using the following basis unless other engineering estimates were available. Due to Kerr County's rocky nature, these costs are somewhat higher than those found in other areas: Linear feet (tF~ of new/replacement water line x $25.00 (with valves, hydrants, trench work, asphalt repair, easements) Or $35.00 if bedrock is at surface Number of new water service connections x $500.00 Any additional costs for new wells, pumps, storage (lump sums) KERR COUNTY, TEXAS Page 15 COMPREHENSIVE COLONIA STUDY & PLAN In the future, the County will assist the UGRA, the Cities of Kerrville and Ingram, the Kendall County WCID Number 1, and the private water utilities in coordinating wastewater services. Since natural watersheds cross utility service boundaries and proximate colonia areas are often served by different water utilities, cooperation is essential. S~tic Systems: Kerr County has an intergovernmental agreement with the UGRA to permit the construction and license the operation of on-site sewage facilities (OSSF), commonly called septic tanks. For new construction, a registered sanitarian or engineer must design all alternative OSSFs, while the installer may provide designs for standard OSSFs. All completed systems are inspected by the UGRA before they are covered. Any repairs to licensed OSSFs also require a construction permit and may be inspected by UGRA. Water facilities in unincorporated Kerr County are completely controlled by the private sector. More than 30 privately held companies are authorized by the TNRCC to provide public water service, including large multi-county providers such as AquaSource and Weidenfeld Water Works. This lack of public ownership and management makes effective water planning by the County extremely difficult, particularly in identifying needs such as lack of residential water service, poor water quality, or inadequate supply or storage capacity. System maps obtained from several companies and the TNRCC's CCN map were used to create colonia area water maps. Data retrieved from the TNRCC's online Water Utilities Database were used to create a snapshot of the colonia area's existing water systems (see "colonia Area Private Water Utility Information" table on the following page). None of the private water systems operating in the county's colonia areas appears to be violating TNRCC minimum water system requirements (TAC 30 Part 1, §290.45) regarding storage, pressure, or production capacity. Page 38 MAY 2002 Most of the privately held rural water service providers have maintained their systems well and have added customers regularly as development occurs in their respective service areas. Primary water concerns include: Turtle Creek Ranches: This colonic area lacks centralized water service, a problem particularly in the densely developed central portion of the subdivision on and around FM 1273 and Molina Drive where septic tanks and water wells are in close proximity. A small water system serving this low-to-moderate income area would cost approximately $270,000, including 5,620 linear feet of water line, 27 connections, a well, a storage tank, and related system needs. Future expansion east along FM 1273 and north along Dingley View could add another 20 to 30 connections, but at a high per-connection cost due to the distance between developed'areas and rocky terrain. This project could use assistance from the TCDP Community Development Fund over a 2-cycle period to fully-fund the proposed activities. Ownership of the system could be a local water supply corporation, a water district, the UGRA, or a private for-profit water company. The first three options offer the best chance of funding under the TCDP, which takes form of ownership into account in application scoring. • Center Point: Although inaccurate and incomplete information from private water system providers may contribute to an over estimation of homes lacking centralized water service, it appears that up to 90 homes in developed areas of Center Point may still rely on individual wells. If the worst-case scenario is true, approximately 11,800 linear feet of new water line and 90 connections are needed in Center Point, costing an estimated $410,500. Undersized lines serve some parts of the community. The KERR COUNTY, TEXAS Page 39 COMPREHENSIVE COLONIA STUDY & PLAN TNRCC requires that lines smaller than two inches (2") in diameter serve no more than 10 residential connections, a condition violated in at least three locations in that colonia area. As with Turtle Creek, the options for providing water service range from forming a new public water supply corporation or water district, reviving the defunct WCID, ownership by the UGRA, or extension and ownership by a private water supply company. Any of these options are eligible under the TCDP Colonia Fund, though the private ownership option does not score as well in this competitive program. The Headwaters Underground Water Conservation District (HUWCD) was formed in 1991 to protect and monitor groundwater in Kerr County, primarily through the regulation of wells and the promotion of conservation and antipollui;ioi~ efforts. All wells that produce more than 17.4 gallons per minute (25,000 gallons per day) are permitted, while smaller wells are registered. HUWCD tests wells for water quality, checks water levels, and ensures that wells are located away from possible contamination sources. Although eligible to construct and operate public water systems, the HUWCD does not have any plans to do so during the planning period. Page 40 MAY 2002 other developed areas that will also use the sewer system, or proximity to a proposed treatment facility. Points were assigned to each factor based on the following matrix: Criteria 1: Density of Deve/opment Housing Conditions The average density for all Colonic Areas (CAs) was The average percentage of Poor quality housing for all calculated to be 0.6 housing units per acre CAs was 11%; Fair quality housing was 34%. CAs exceeding 150% ofaverage = 3 CAs with 100 to 149% ofaverage = 2 CAs with 75% to 100% ofaverage = 1 CAs with Tess than 75% of average = 0 Criteria 3: /nadequate Water Supp/y ~ Criteria 4: CAs with unserved homes or supply problems = 2 CAs needing line replacement = 1 CAs exceeding 16.5% Poor quality housing - 2 CAs with 11% to 16.5% Poor quality housing = 1 CAs with Less than 11% Poor quality housing = 0 CAs exceeding 51% Fair quality housing = 2 CAs with 34% to 51% Fair quality housing = 1 CAs with less than 34% Fair quality housing =0 Sewage Disposal The average cost per connection taking into account the TOTAL cost for centralized collection and treatment facilities in CAs where this is feasible was $6,998. CAs with less than average cost/connection = 3 CAs with no major needs = 0 CAs with 100% to 150% ofaverage = 2 CAs with more than 150% ofaverage = 1 CAs where septic tanks are adequate = 0 The points earned by each colonia area were added to yield a final score. The maximum possible score is 13 points (3 for maximum density, 2 for maximum poor and 2 for maximum fair condition housing, 3 for both major water problems and water lines, and 3 for minimum cost per sewer connection). The highest score was 8 points each for Eastern Kerrville South and Blue Ridge-Lafayette. Because some colonia areas earned the same number of points, a final ranking was determined by overall priorities of (1) water, (2) sewer, (3) density, and (4) housing conditions. KERR COUNTY, TEXAS ~ Page 23 COMPREHENSIVE COLONIA STUDY & PLAN APPENDIX A: COLONIA AREA RANKINGS AND PRIORITY LEVELS SCORE } ~ C L L r_ CC ~ ° Colonia Area o s o °' ° a 1 5 Eastern Kemille South 3 2 0 3 8 1 1 17 Blue Ridge-Lafayette 3 2 0 3 8 1 1 6 Western Kerrville South 2 2 0 3 7 1 1 1 Center Point 2 0 3 2 7 1 1 8 Woodcreek 2 3 0 2 7 1 1 14 Hill River Country Estates 3 2 0 2 7 1 2 11 Westwood Oaks MHP 2 0 0 3 5 2 14 Westwood Pnrk 2 3 0 2 2 10 Turtle Creek Ranches 0 1 3 0 4 2 2 15 Silver Hills 2 2 0 0 - # 2 3 130ak Ridge Estntes 2 1 0 0 3 3 3 12 Park Place 2 1 0 0 3 3 3 9 Four Seasons 0 2 0 0 2 3 POTENTIALLY-ELIGIBLE AREAS 3 3 Fawn Run 3 0 0 0 3 PE 3 2 Quail Run 2 0 0 0 2 PE 3 4 Mills 2 0 0 0 2 PE 3 7 Sliver Creek Estates 1 0 0 0 1 PE See pages 21-22 for explanation of Ranking and Prioritization f / rn/6 ~ a~ dzr /f~ ire/c,_. q.,i~ c<, ~` KERR COUNTY, TEXAS Page 44 COMPREHENSIVE COLONIA STUDY & PLAN Turtle Creek Ranches Area Profile #10 GENERAL Priority Level: ~ Established: 197o Precinct 1/4 Map Key: Location: North of FM 1273, 2 miles west of SH 16 intersection Utility District: N/A School District: KISD POPULAT/ON AND /NCOME 2001 Population Eestj: 185 Number Low/Mod: 97 qo Low/Mod: 52% Est. Build out Population LAND USE Acreage: Number of Lots: Developed Lots: Undeveloped Lots Non-residential Land Use description: HOUS/NG 325 Est. Median Household Income: $20,385 1525 Platted Subdivision: Yes 79 Average Lot Size (acres): 4.59 34 Percent Developed: 43% 45 Percent Undeveloped: 57% Number of units: 74 Units per acre: 0.2 Manufactured Occupied units: 74 % Occupied: 100% Homes: 45 Vacant units: Percent Vacant: 0% % Mfd. Homes: 61% Housing Conditions Number of units: Percent of units: Good Fair Poor Total 37 31 6 74 50% 42% 8% 100% Housing Improvements Rehabilitation: Reconstruction: Demolition of Abandoned: Estimated Totals: Number of Units Estimated Cost 28 $404,750 11 $483,750 2 $7,500 41 $896,000 AVERAGE PROPERTY VALUAT/ONS Undeveloped Lot: $ll,414 Improvements: $15,309 Total: $26,723 Turtle Creek Ranches Area Profile #10 (cont'd) - WATER SERV/CE Potable Water System: ND Water Supplier: N/A Current Service Connections: ~ Needed Service Connections: 27 Estimated Cost to Complete/Renovate Water System: $256,500 Estimated Cost of New Water Connections $13,500 Total Estimated Cost: $270,000 SEWER SERV/CE Sanitary Sewer System: No Sewer Provider: N/A (None) Current Service Connections: ~0~ Needed Service Connections: DO Estimated Cost to Complete Sewer Collection System: $0 Estimated Cost of New Sewer Connections $0 Total Estimated Cost: STREETS & DRA/NAGS Street Name LF Total LF Paved ROW Condition Improvement Cost* Coultress 6,609 6,609 60 G $0 Dingier View 14,604 14,804 60 G $0 Denlu 9,354 9,354 60 G $0 Molina 1,971 1,971 60 G $0 Doyle 5,991 5,991 60 G $0 Rocky Hill 3,517 3,517 60 G $0 Pikes Peak 10,361 10,361 60 G $72,250 Gamer 11,943 ll,943 60 G $0 Coker 6,223 6,223 60 G $0 Totals 70,773 70,773 $72,250 'Street improvements include associated roadside drainage costs. RECOMMENDAT/ON FOR SERV/CE /MPROVEMENTS • First-rime water service in central portion of area (Molina) • Street improvements PAST AND CURRENT FUND/NG FOR TH/S AREA N/A ..,~. ~~ c~ ~" ~. '>.- ,. .. ~ _ ".' C~ (~ ~ =~',r.' ~1