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KERR COONTY COMMISSIONERS COURT
Special Session
Tuesday, July 30, 2002
6:00 p.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, 'Texas
PUBLIC HEARING
2003-04 Texas Community Development Program
and Colonia Fund applications for
continuation of Kerrville South Sewer Project
Disaster Relief and Home Disaster Assistance programs
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PRESENT: H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
LARRY GRIFFIN, Commissioner Pct. 4
ABSENT: FREDERICK L. HENNEKE, Kerr County Judge
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On Tuesday, July 30, 2002, at 6:00 p.m., a special
meeting of the Kerr County Commissioners Court was held in
the Commissioners' Courtroom, kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
COMMISSIONER WILLIAMS: We'll call to order
this special Commissioners Court meeting, Tuesday, July 30,
?002, pursuant ro the Texas Open Meetings Act. The purpose
of this meeting is tc conduct a public hearing regarding
Kerr County's participation in the 2003-04 Texas Community
Development Program and Colonia Fund applications for the
continuation of the Kerrville South Sewer Collection
Froject, and the second item of open -- for the public
hearing is the Disaster Relief and Home Disaster Assistance
programs. With us tonight is Mr. Eric Hartzell -- a 1Lttle
tardy, but otherwise okay -- of Grantwurks, the folks who
would propose to conduct this public hearing and assist Kerr
County in filing these applications. So, without further
ado, Mr. Hartzell, tell us what the program's all about.
MR. HARTZELL: Thank you, Commissioner
Williams, Court. Sorry I'm late. We were in Boerne. We
got a big turnout for the same kind of event we're doing
tonight, so we got stuck there a little longer than we
wanted. I apologize for being ]ate. As the Commissioner
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mentioned, this is the public hearing for the Texas
Community Development Program, which is a federal grant
program that comes to the state of Texas for distribution to
rural communities and counties throughout the -- throughout
the state. I'm going to hand out an information sheet right
nota.
COMMISSIONER BALDWIN: Thank you.
MR. HARTZELL: You're welcome. This sheet
describes the Community Development Program and the varSous
funding categories and activities that are eligible for the
program, and -- cops. I have a Yew here for the audience as
well.
COMMISSIONER BALDWIN: We can have e:ara
copies made for the crowd.
MR. HARTZELL: Yeah, it's nice to be here at
a relatively uncrowded meeting. We have actually a few
extras here. I can leave one for distribution to the Judge
and whoever else would like one from the public.
COMMISSIONER WILLIAMS: Please do.
MR. HARTZELL: The Texas Community
Development Program is divided in several funding
categories. The County is familiar with some of them from
previous applications. The first is -- and Lhe largest
category is the Community Development Fund, which is used
primarily for water and sewer improvements, including the
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County's project in Kerrville South. Phe deadline for this
program is coming up in September, the end of September, and
it's a competitive grant process that pits the County
against other applicants throughout the San Antonio area.
The second program that the -- that the Community
Development program funds is the Colonia Program. The
County's also used funds from the Colonia Program also for
water and sewer facilities; in this rase, sewer facilities
in Kerrville South. The County received a
half-million-dollar grant in 2000 -- 2001.
Let's see. There's a housing fund which you
can -- which applicants can apply for in lieu of the water
and sewer grants, which ran be used to rehabilitate cr
reconstruct homes in the unincorporated areas of the county.
It's also due on September 26th. Another one oL interest
tonight is the Disaster Relief Fund. It's a $350,000 grant
fund tha*_ is eligible -- available to counties that have
been declared disaster areas. The grant money can be used
to provide the twenty -- or a pcrtion of the 25 percent
assistance on FEMA public assistance. It also can be used
in limited circumstances for buy-out programs if any -- if
any funds remain, but the maximum the County can receive is
$350,000 per disaster.
COMMISSIONER WILLIAMS: What does "buy-out
programs" mean?
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MR. HAPTZELL: The buy-our program -- FEMA
buy-out program. I think the City of Kerrville may be
looking at a buy-out program where homes are bought ire ttiF
floodways and the people are moved out and the land is
dedicated for nondevelopable -- nondevelopment uses like
parks and open space. Let's see. Flipping over the page,
past uses of the funds, we already went over most of that.
It's -- the funds have been used mainly for sewer service in
Kerrville South.
The next program that we want to discuss is a
separate program; it's not part of the Community Development
Program. It's called the Home Program. It's also a federal
block grant that comes from H.O.D. to the state oL Texas and
is distributed, again, out to the local -- localities, The
Home -- Home funds are only used for housing, mainly for
down payment assistance and owner-occupied housing
rehabilitateion. Because the program's relatively new --
it's been around for a little less than a decade -- they've
realized that during a disaster in Texas, housing tends to
get a big wallop as well as the roads. Mainly, we're
dealing with floods, and a lot of housing was haniny to be
-- being affected. Previously, the Community Development
Program was expected to pick up both the roads and bridges
and the public infrastructure anal the housing, and there was
never enough money to go around, so H.U.D, has set up a
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Disaster Assistance fund. What this fund will do is it will
make up to half a million dollars of grant money available
to an eligible entity, which Kerr County would be an
eligible entity, to rebuild or rehab houses that were
destroyed or damaged in the flood.
Now, this program is viewed by the State as a
program of last resort. What that means is that we're
talking about people who are very low-income, typically
elderly and/or disabled, who have no recourse. Their
insurance isn't going to pay or hasn't paid enough. FEMA
won't pay or hasn't paid enough, and they're living in a --
in a damaged structure, or they -- they own a damaged
structure they can't return to unless assistance is given to
them. The requirements of this program would include
raising the structure, if it's rebuilt or rehabbed, above
the flood elevation. It also would require that the person
live in the unit for five years. They can't turn around and
sell a renovated house immediately, unless there are
circumstances beyond their control, such as death or moving
into a nursing home, for instance.
Other than that, this program has beer, used
by -- for instance, Medina County got a grant this past year
to do about ten houses, I believe, that were affected by
some hail and wind damage in the county. And, ber_ause this
program is sort of a last resort program, the money doesn't
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flow very fast on it. That's the exr_use, anyway. The
reality is, the program just moves slowly. Applications
will not be accepted anytime in the next few months. It
will probably be October or November before the State will
open up for applications, and then money will be coming
probably in the early sprinq. So, again, these are people
who have no recourse. They've exhausted their -- their
opportunities and their -- and it's sort of after FEMA's
r_ome, after the insurance has come, what we have left.
COMMISSIONER WILLIAMS: What is the process
for establishing Kerr County's eligibility? Just having
been declared part of a disaster area?
MR. HARTZELL: Yes. Kerr County, by beinq
declared a disaster area, either at the government -- at the
state level or the federal, and in this case the federal,
becomes eligible for this assistance. The individual homes
that are -- to be eligible for assistance, they must have
been included on FEMA's list. They need to call -- the
homeowner will need to call FEMA and report their individual
damage just like -- like they wculd normally after a
disaster. I know that Kerr County's had several hundred, I
believe, homes reported to FEMA. They wouldn't need to
have -- beyond the -- the master FEMA list, they don't have
to have either been denied or received aid from FEMA. That
doesn't matter. They could have been declined or they could
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have been -- or they could have actually gotten a small
amount of aid. That doesn't affect their eligibility.
COMMISSIONER WILLIAMS: What determines the
amount of -- of assistance Kerr County might be eligible
for? You say up to half a million? What --
MR. HAPTZELL: Right.
COMMISSIONER WILLIAMS: How is that figured
out?
MR. HARTZELL: Okay. That would be figured
out by a list of the number of homes that were affected in
the county, and usually the Red Cross can provide us with a
good number of people who are still not assisted. And
that's typir_a11y what the counties have done. Medina County
got a Red Cross list and went through, figured they had 40
houses; that was more than enough to use up the half million
dollars.
COMMISSIONER WILLIAMS: Does the County's --
if the County is accepted in the program and declared
eligible, is that money to be used only ir. the
unincorporated areas of the county, or in the city as well?
MR. HARTZELL: Okay. These funds, unlike the
Community Development Funds, the house -- the Home funds may
be used within the incorporated areas of the county.
COMMISSIONER WILLIAMS: Okay.
MR. HARTZELL: In fart, in Medina County,
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their program is being used mainly in the city of Hondc.
The City applied. for a half million on its own in Hondo, and
the County also applied for a half million, and almost all
of the million is being used in the city limits.
COMMISSIONER WILLIAMS: That's more than
likely here in Kerr County, right? The City is also
thinking about --
MR. HARTZELL: My understanding is the City
is thinking about it. I have not spoken with anybody at the
City, but I think in the paper they had written that the
City was looking at options. And -- are there any
questions?
COMMISSIONER GRIFFIN: What does it take to
apply for that one, the last one?
MR. HARTZELL: The housing program?
COMMISSIONER GRIFFIN: Yeah.
MR. HARTZELL: The main requirement will be
-- well, first of a11, once the State releases the
application, which, again, will probably be October or so --
COMMISSIONER GRIFFIN: So they will release
an application and then we will respond thereto?
MR. HARTZELL: That's right. We'11 be able
to fill out the application material. We'11 check the list
of -- a count of how many people we think may be eligible.
There will be some application preparation; it's a fairly
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extensive application process, and then all that material --
the Court will pass a res -- will need to be asked to pass a
resolution to apply for the assistance, and at that point it
will be submitted to the State for their review.
COMMISSIONER GRIFFIN: Thanks. I was just
wondering what triggered it, really. It's the State.
MR. HARTZELL: It's the State getting their
stuff together, that's right.
COMMISSIONER WILLIAMS: There are two members
of the public who have asked to be a part of this and speak.
Austin Wayne Donaghe of 128 C Street, Kerrville.
MR. DONAGHE: Yes.
COMMISSIONER WILLIAMS: Please identify
yourself for the record.
MR. DONAGAE: Wayne Donaghe, 128 C Street,
Kerrville. I live at basically where all the water ended up
before it hit the river, or a big part of it.
COMMISSIONER WILLIAMS: Quinlan Creek area?
MR. DONAGHE: That, and the drainage from the
new drainage project we had, where it ended -- where it
backed up, where it ended up straight down C Street to my
place. I'm at the very end. And I'm kind of at the end of
my rope. I've gone through FEMA, I've gone through S.B.A.,
and I've gone through the I.F.G. program. It's not going to
tcuch what -- the damage I have. Basically, it started out
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as a S3U4 fix. I'm in the city limits. Laws have changed;
now I'm required to connect to the city sewer, where in the
past I couldn't. I could, but the City was required to buy
the lift station.
COMMISSIONER WILLIAMS: City was reyuixed Lo
what?
MR. DUNAGHE: The City was required to supply
the lift station.
COMMISSIONER WILLIAMS: There's no liLL
station in your area?
MN.. DUNAGHE: No. I'm the only one at the
end of a line, only one from the city main to my house.
And, long story short, it's under pressure, which makes my
lift station bigger. And then the whole range just
snowballed from there. A $300 fix is now -- I'm now at
$24,000. City's giving me no break whatsoever. In fact, it
feels like they're jumping up and down with glee to -- to
bother me. And I just -- I'm just wanting to know what help
is available Tor me now, before I'm forced out of my house.
Since the flood, I spent roughly a week in my house. The
rest have been in a motel room, simply because my sewer --
it just takes time to get a lift station put in.
COMMISSIONER WILLIAMS: Mm-hmm.
MR. DONAGHE: And -- I don't know. I'm just
here to ask for help, and if anybody knows of help for me.
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rOMMISSIONER LE'1'Z: Is your -- the problem is
the sewer? Is the house, itself, livable?
MR. DONAGHE: Yes, it is. It's -- I have
minimal damage. I would say, roughly, the whole house,
$10,600 to repair it. It wasn't that much. It was -- it
was from the -- the drain hit my house, split both ways,
went around the back, uncovered my septic tank, put a hole
about the size of my fist in it. And I went to -- I went_to
repair it, so I went to the City to get my permit and do all
of that, which I did, and I was told while applying to do
this that I would stop what I was doing; 1 could not
proceed. I would have to hook on. Okay. And then it came
under -- that it was a pressure line and so forth, and so
forth. And now, basically, I have to -- I didn't have
enough electricity in my house to run this lift station, so
I'm having to re -- put new electricity to my house, a new
service. And that -- and this entails 1 have to repair my
house, because the old system is 30 -- 30 fuses. And if
they put the new main in, it's 20 breakers -- 20-amp
breakers. Anytime I turn anything or., it blows them. So, I
mean, it just is snowballed -- snowballing, and I'm just
here to request help and see what can be done.
COMMISSIONER WILLIAMS: So, I guess if --
MP,. DONAGHE: And I have asked the City to
give me leniency, you know. "Okay, I'll hook on the sewer;
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give me time." And I was told no.
COMMISSIONER WILLIAMS: Based on what's
happening to you personally, and your family, I guess you're
speaking in favor of the County attempting to get involved
in this program?
MR. DONAGHE: Yeah, in any program.
COMMISSIONER GRIFFIN: Well, and I think --
but you're -- you're looking for something shorter-term
than --
MR. DONAGHE: And it doesn't have to be. I
mean, I'm livable. I'm -- I'm not -- I guess I'd be what
they'd ca"ll from the low to middle income. And P.ed Cross
and Salvation Army's been a biq help. And, you know, I'm
following the process, doing what I can, but I'm just at a
point where I'm out of options.
COMMISSIONER LETZ: Are you --
COMMISSIONER WILLIAMS: Go ahead.
COMMISSIONER LETZ: You're between
Commissioner Williams' and my precinct. I know you're in
onP of ours.
MR. DONAGHE: I believe I'm in ~.
COMMISSIONER WILLIAMS: You're in 2.
COMMISSIONER GRIFFIN: Has -- who did you
talk. to in the City?
MR. DONAGHE: The inspectors. There was --
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there's -- the chief building inspector.
COMMISSIONER LETZ: Brian.
MR. DONAGHE: Brian. He's been -- I think
he's been on my side. He's helpful, but his hands are more
or less tied, because the inspectors have --
COMMISSIONER GRIFFIN: I would think the
Council would grant a variance to put the septic system back
into --
COMMISSIONER	WILLIAMS:	S would think	so.
COMMISSIONER	GRIFFIN:	-- operation,	until
such time as --
MR. DONAGHE: Basically, all it was was
the -- to have it sucked out, because it filled up with
water from the -- it knocked a hole in it.
COMMISSIONER GRIFFIN: Sure. That's a
variance to their building --
COMMISSIONER LETZ: I think if Commissioner
Williams would probably visit with the City, he might be
able to find out what the problem is.
Ce~MMISSIONER. GRIFFIN: Got to be a variance.
MR. DGNAGHE: What you're talking about
sounds like something I'm going to need in the future,
regardless of what does come available. You know, I do have
further damage to the property. And I'm not in a
floodplain. Never -- never was. And it's just -- I guess
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that's basically it. And I'll speak to you later.
COMMISSIONER WILLIAMS: I'll be happy to --
and I'll be happy to spea}: on your behalf with the City
people, including appearing before the Ccuncil, if that's
necessary, but I want to direct a question to Eric.
MR. HARTZELL: Sure.
COMMISSIONER WILLIAMS: This gentleman and
his family would be eligible for this if the County was a
participant?
MR.. HARTZELL: They would be eligible, based
-- if their incomes were -- were lew to moderate, yeah. We
have to verify the income, but that would be the main
criteria.
COMMISSIONER WILLIAMS: Okay.
MR. HARTZELL: You've reported your damage to
FEMA?
MR. DONAGHE:
MR. HARTZELL:
MR. DONAGHE:
and S.B.A. Went through all
MR. HARTZELL:
MR. DONAGHE:
now that I've appealed FEMA,
moment, 'cause I'm in a bad
MR. HARTZELL:
Yes.
Okay.
I went through FEMA, I.F.O.,
of them.
Okay.
I'm in limbo-land right now,
and no one can help me at the
place.
I'm not real clear about the

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lift station. Is this, like, an individual lift station?
Like a -- they call *_hem a grinder pump lift station.
MR. DUNAGHE: It has a pump and a grinder
because of the pressure from the line that goes to my house.
MR. HARTZELL: Right.
MR. DUNAGHE: It required a grinder also to
boost the pressure.
MR. HARTZELL: Okay. Okay. I will have to
check on the eligibility of putting in an improvement like
that -- a $24,000 improvement like that for a -- for the
Home Program. I'm not sure if that's eligible.
COMMISSIONER WILLIAMS: Check on that, will
you?
MR. HARTZELL: The house damage itself would
be eligible. The addition of the new sewer infrastructure,
I don't know whether that would be eligible.
COMMISSIONER WILLIAMS: We have to find the
house and its infrastructure --
MR. DUNAGHE: Define "house."
MR. HARTZELL: Typically, *_hey'll replace the
house, but they won't upgrade the infrastructure.
MR. DUNAGHE: And that's my whole problem,
you know, with all these agencies. I'm nor upgrading. I
have no choice. It's illegal for me at this point to deal
with my septic. It's against the law. They'll cut off all
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my services if I -- I've asked the question, what if I
illegally fixed it for new, you know, and I was told I would
be -- all utilities would be cut off and I would be
unsanitary and be forced out.
COMMISSIONER BALDWIN: It saddens my heart
that you have to ask that stupid question. They should be
over there knocking on your door trying to find a way to
help you.
MR. DONAGHE: Well, and what really bothers
me is, in the past, it was -- it was okay as long as the
City was going to have to pay for that lift station. "Your
septic's all right," you know.
COMMISSIONER BALDWIN: Do you have -- do you
have a family?
MP.. DONAGHE: Yes.
COMMISSIONER BALDWIN: Do you have children?
MR. DGNAGHE: My children are grown and gone
now; it's just me and my wife.
COMMISSIONER WILLIAMS: Are you occupying
your home now?
MR. DONAGHE: On and off.
COMMISSIONER WILLIAMS: Gn and off?
MR. DONAGHE: I'm not supposed to be in it,
because I'm not legally --
COMMISSIONER WILLIAMS: I understand.
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MR. DGNAGHE: But I do. You know, I qo in it
and out it, and I haven't been sleepin~l in it the last two
nights.
COMMISSIONER LETZ: This is just a temporary
possibility, but is it possible to get a -- a tank that
would then be pumped?
MR. DONAGHE: I'm hooked up. I am hooked up;
it's running. But, because of time constraints, the City
couldn't get out to inspect the plumber in time. And I live
right next to a nursing home, and he would not go off ar.d
leave it uncovered, so he covered it. It's running. I
mean, it's running; it's above and beyond any requirements
they're going to have, but now they're telling me I have to
dig it up so they can put their hand all the way around it
and look.
COMMISSIONER WILLIAMS: "They" meaning --
MR. DONAGHE: I took pictures --
COMMISSIONER WILLIAMS: -- the city
inspector?
MR. DONAGHE: And I took pictures of
everything. I took pictures, literally, and that was not --
that wasn't good enough, so I'm dealing with that. I'm --
the guy is goinq to come back; he went somewhere to put in
another lift station. I don't know exactly what his --
where he is, but --
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COMMISSIONER WILLIAMS: What about the
nursing home next to you? What are they doing? Are they --
were they affected in any way?
MR. DONAGHE: They were flooded, yes.
COMMISSIONER WILLIAMS: But their -- their
sewage removal wasn't affected?
MR. DONAGHE: No, they're already hooked --
they've been on the city main for many years. I had my
house inspected; I was building on it, and I had my
foundation inspected, and they saw the sewer at the time.
This was four years ago or so. And they -- he said, "Oh,
septic's got to go." And he was at my house the next
morning and said, "Oh, you're going to have to have a lift
station. We're not going to put that in, so just keep your
septic running."
COMMISSIONER WILLIAMS: You're not -- your
home is not positioned in that area where they would be
*_hinkinq about purchasing the property to clear out the
floodway, is it?
MR. DONAGHE: No, sir. I am -- no, I'm not
in the flood -- I'm not in the Guadalupe 100-year
floodplain. I'm not in it.
COMMISSIONER WILLIAMS: Okay. You and I will
talk after we conclude. We have one other person who wants
to speak, Don Woods. Don?
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MR. WOODS: Gentlemen, I'm Don Woods. I live
in Ingram, but I have property at 720 Lytle Street. That
property took four and a half feel of wafer LYirouyh it, and
the people who were my residents there, Jesse and Pilar
Lara, were forced out. They lost all oL Lheir goods, and
they've had to relocate to a new location. I was
yellow-tagged -- or orange-tagged and not to further do
anything to the property except avoid the mosquitoes and
keep it clean. I've got it Layyed uuL wi Lk_r "Do Not Enter"
signs to keep people from getting into it, because it is
dangerous, I would imagine, for children L~ play iu it. I'm
retired. I relocated here in 1999 after retirement from my
job. My wife and I spent 20 years putting our program
together so that I could retire and we would have a small
inr_ome to support us oLL uL uur friendly Suuial Security and
what-have-you. This is part of that.
An.d that house originally was not in the
100-year floodplain, according to the map that was drawn and
shown in the newspaper, and also the one that the City had
in their presentation, but yet it too}c four and a half feet
of water. I'm told that if there is permission given to
rebuild or rework the house, that I'll have to meet the new
building requirements, and that would mean that the -- the
floor of the house would have to be one foot above the
anticipated floor plan -- floodplain as it exists on the
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map. This will require a topographical survey by me,
expenses by me to prove that the land -- that the property
is -- is satisfa~_tury to build on. If it isn't, then i have
to raise the house up to meet that requirement, which means
I have to jack a complete house up ir, the air. These are
all financial requirements that, in honesty, I'm not
prepared to spend that kind of money on.
And our plan had been to provide some
lower-income rental properly for people who couldn't afford
to buy their own house, or to -- to, you know, join that
group of people, and we had been doing that satisfactorily.
The people that lived there were -- were there for -- I'm
trying to remember, bul I think it was 12 years, and quite
happy in their -- in their environment. And we had had
floods in the past. I mean, that river -- that Quinlan
Creek had come up before, but it never got anywhere close to
tl-~is mess. And my constitutional statement to the boys at
the -- at the City was, there's no damage breaking up north.
Tkiere was none -- the little pond up there that broke, that
didn't mean anything. What the real, ultimate problem was
is the downstream condition of the -- of the creek, bed was
cluttered with undergrowth. It was backed up.
And it's like taking a 5-gallon funnel that
can eliminate 5 gallons of water in a minute, and that's how
big the }:e 1e is at the bottom. And then throw in two hands
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full of dirt aad see if you car, get it through the hole. If
ycu still put in that same 5 gallons, that 5 gallons is
going to go somewhere else. And it did, and it was very
obvious to see, by backtracking the flood, that everything
went beautifully through the golf course and everything; if
it couldn't get through, it went right on around it. It
didn't hurt the dam; it just went on its merry way until it
got right down to our area, and that's when it barked up,
and it couldn't do anything but bark up. And that's why you
see the debris line shaped the way that it is in the
newspaper; beautiful plan -- beautiful presentation of where
the debris line is.
help you. If you have "X" amount of money, if you have "X"
this house to some people, so I'm a business. If you have
":?" amount of money, then you should he able to take care of
it yourself, is basically what I'm told. I say, "Well,
that's fine. If it's going to cost me $3~~,000 to rebuild a
$30,000 house, I'll give you three guesses, and the first
two don't count." I'm not going to do that, okay? I mean,
I'll turn it into a parking lot before I do that.
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Sc, my whole problem is, is there a
poss;bility -- through the County and the City, is there
some way -- and with this gentleman from the government
being able to give us a hand, is there some way to channel
same money Lo try to eliminate this problem? I'll be more
than glad to -- to do whichever they say. If it's going to
be kiss it good-bye, I'll be more than happy to do it. I
guess that's my whole point.
COMMISSIONER WILLIAMS: Okay.
MR.. WOODS: I know that this could help the
county, and I got city problems -- you know, city
organisational issues. But to have to raise that house up a
foot, I just don't think I got that much --
COMMISSIONER WILLIAMS: A question to
Mr. Hartzell of Grantworks, a question regarding a property
owner who rents his property. Where are we on that issue?
MR. HAFT ZELL: The Home Program typically
only will use funds to renovate or replace a home that's
owner-occupied; however, with Disaster Relief, they do make
exceptions if the family that's living there is -- is
low-income.
COMMISSIONER WILLIAMS: Okay.
MR. HAR'I'ZELL: So, there is a chance of
getting rental properties rehabbed. The County would make
this decision when it applies. You'll -- when you apply,
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there's certain things you can check off that you'll allow
or not allow in your. -- in your program. And when you
apply, ynu can check off saying that we would allow renters
who are low-income to also receive assistance.
COMMISSIONER WILLIAMS: Where are the renters
of your property now?
MR. WOODS: They've had to move. I mean,
there's no way r could regenerate the place in time for them
tc reoccupy it, and they were living as a family; it broke
the family up. They had to live at several different
families to take them in out of the rain and all.
MR.. HARTZELL: They're in temporary housing?
MR. WOODS: Well, you knew, they've gone
someplace else. I've lost track of them. I think they
probably found a new -- new residence, and so I'm not really
sure of exactly where they are.
COMMISSIONER WILLIAMS: I guess the question
would be, if the County were to be engaged in this program
and -- and expressed a willingness to assist people in
categories such as you, would that property continue to be
available for low- and moderate-income rent?
MR. WOODS: That was the plan. That's the
area that it's -- that, you know, surrounds it; that's the
type of people that live there. That's their level of
income. And we didn't have them gouged. We weren't --
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weren't chairainy rnuantains of rent. We intend to keep it
that way as long as it's financially stable enough that we
can -- can do it. And my other thing I'm looking for is
some help downstream. I think that the County and the
City -- and somebody needs to -- and I don't know who this
is. I -- see, I'm not that stupid, but somebody needs to
take the authority to say, City, you've got a rule that says
if you got weeds growing up on your property, if you don't
cut them -- and we give you a tag that says you better cut
them. If you don't, we're going to come cut them, and we're
going to bill you for it, and we're going to put it on your
property as a lien. And if you sell that house, we're going
to collect our lien off of the sale of that house
eventually. I mean, they've got a leverage to make you
financially get in there and cut your grass. Well, I don't
see anything different between the grass growing up in the
front. yard and trees growing up in the creek bed behind. To
me, it's the same thing. And if people -- they give me the
argument -- they say, well, that's all private property hack
there. We'd have to go in and get permission from
everybody's property all the way downstream. I say no, you
don't. You got a law; enforce it. These -- they're
supposed ro keep it clean. Do it. They didn't. That's
what they get paid for.
CGMMISSIONER WILLIAMS: I think, on that
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issue --
MR. WOODS: Mr. Patterson has been very
helpful. I have to admit that he and his people have
been -- been extremely helpful, contrary to what this
gentleman had. But they've been, at least verbally so far,
very helpful. Anyhow, that's my -- that's my plan. I thank
you for your time.
COMMISSIONER WILLIAMS: So, if we reduce it
to the L~ottom line, you too would be in favor of the County
participating in this program?
MR. WOODS: Yes, sir, I think to help all the
people, and not just me. Poor Mr. -- god, I can't remember
his name. My gentleman next to me. The poor mar,, he was --
and his kids were on the front page of the paper. He got
wiped out. He took 6 feet of water right through the
bedroom; nearly washed him out the window. I mean, it was
horrible, and the old man spent hundreds and hundreds of
hours in there bricking his house -- rocking his house and
fixing rhis and doing that. It was his home. He's ti5 years
old. What does he do next? You know, it' hard to imagine.
COMMISSIONER WILLIAMS: Commissioners?
Anybody have anything to say? Buster?
COMM1551(JNER BALDWIN: NO.
COMMISSIONER WILLIAMS: Jonathan?
COMMISSIONER BALDWIN: I don't want to get
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into it, other than I got beat up twice today about the City
cleaning out the creeks.
COMMISSIONER WILLIAMS: This is your third
time.
COMMISSIONER BALDWIN: You weren't beating up
on me, were you?
MR. WOODS: No.
COMMISSIONER BALDWIN: So, just two.
COMMISSIONER WILLIAMS: Jonathan?
MR. WOOLS: Friendly reminder.
COMMISSIONER LETZ: I think that we probably
need to proceed down the path to apply to get the Disaster
Assistance funding, because, I mean, if two people came,
there are probably, you know, ten times that number in the
community that would like or need the assistance.
COMMISSIONER WILLIAMS: I think so.
COMMISSIONER LETZ: And weren't able to make
it to the meeting tonight.
COMMISSIONER GRIFFIN: Sure.
COMMISSIONER LETZ: So, I think the purpose
was to see --
COMMISSIONER GRIFFIN: Only thing I'm a
little concerned about that I would add to that is that this
is a relatively long process, and it sounds like there are
some shorter-term prcblems, and perhaps we might be able to
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have some lurk_ in dealing with the City, if we talk to them.
I mean, I thin.}: if the same situation were to come before
this Court, that we would grant some variances on septic
systems and those kinds of things, put it back in operation
pending whatever happens after Home grants and all of that
are made later on. Then we can talk about some of these
other things. But --
COMMISSIONER WILLIAMS: I would think so.
Eric, do you have anything else you need or want to add?
MR. HARTZELL: All set. Here are your copies
for --
COMMISSIONER WILLIAMS: It would be my plan
to have an agenda item on the Court's agenda for the 22nd
for Commissioners and the Judge to consider regarding our
applying as a prerequisite for that. This was the public
hearing, correct?
MR. HARTZELL: Yeah, this will be to apply
for the 25 percent FEMA match on your public assistance. As
we mentioned, the Home -- the Home -- the housing money
won't be around for a couple more months, but through the --
COMMISSIONER GRIFFIN: On the 12th, you're
talking about, right?
COMMISSIONER WILLIAMS: Yes.
COMMISSIONER GRIFFIN: 12th. You said 22nd.
COMMISSIONER WILLIAMS: I'm sorry, the 12th.
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A11 right.
MR. HARTZELL: The 25 percent on your FEMA
disaster assistance.
COMMISSIONER LETZ: Eric, on the disaster
assistance, a couple of months down the road, what will the
timetable be once that application is made available?
MR. HARTZELL: Okay. On the housing --
COMMISSIONER LETZ: Yeah -- yes.
MR. HAPTZELL: -- program? Okay. What we've
seen with Medina County, as an example, this -- this is run
by a different agency than the -- than the grants you're
used to getting here at the county. It's run by the
Departmen* of Housing and Community Affairs, and so things
move a little slower at that agency. Probably, we would be
looking at getting a grant approved around Christmas.
Turning it in October, getting it approved maybe a month
later, an;-1 *_hen actual money being available to assist
people in the spring.
COMMISSIONER LETZ: So, the earliest that
we'll really help these --
MR. HARTZELL: It's going to be a while,
yeah. It will be six months.
MR. WOODS: So, I just keep the grass cut and
get rid of the mosquitoes. I have to do that. I mean,
that's -- that's intelligent, as well as mandatory.
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COMMISSIONER WILLIAMS: We shouldn't delay
our application process, though, should we?
MR. HARTZELL: Okay. No. Again, the Home
Program will be pushed back a little ways because of the
housing agency, but the assistance for your infrastructure
damage, we ran proceed with that at your next court meeting.
COMMISSIONER BALDWIN: The public assistance?
MR. HARTZELL: That's correct.
COMMISSIONER WILLIAMS: Anyone else wish to
speak?
MR. WOODS: That's infrastructure --
MR. HARTZELL: County roads and bridges,
exactly.
MR.. WOODS: It has nothing to do with
housing?
MR. HARTZELL: That's right.
MR. DONAGHE: Are you aware of any government
programs that are going to be applied for nowt
MF.. HARTZELL: Fcr housing?
MR. DONAGHE: Yeah. Is there any kind of --
MR. HARTZELL: Other than FEMA assistance
that you have --
MF.. DONAGHE: Other than that.
MR. HARTZELL: That is the program that is
a~~ailable. I'm not aware of anything else right now.
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MR. DONAGHE: Okay.
MR. HARTZELL: Sorry.
COMMISSIONER WILLIAMS: Any other questions
or anyone wish to speak in this public hearing?
COMMISSIONER LETZ: Well, a question. Eric
may or may not know the answer to this, but I know other
people nave asked. Once FEMA makes a decision, it's
basically impossible to appeal it; I've heard that. And, I
mean, anybody -- and there seems to be not a -- I don't
know, instances where two people applied for basically the
exact same situations; one gets approved and the other is
not, and the person who's not cannot get their application
re -- relooked at, basically. Is there any way that you
know of, or a way to -- how do you proceed through the --
MR. HARTZELL: Individual assistance?
COMMISSIONER LETZ: Do you have any idea?
MR. HARTZELL: To be honest, I'm not an
expert on that portion of it, on ttie individual assistar,r_e
fnr FEMA. I would -- I would be surprised if there isn't
some sort of appeal process, but I don't know what it is.
Usually with this kind of program, there'd be some way of
appealing by a certain date, maybe within a certain amount
of time, but I don't -- I don't know. There should be a --
there's a center here in town that's been set up, and they
should be able to let everybody know about the appeal
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process. They should be able to do that.
MR. Wr~ODS: They had me, and they've been
very helpful. But -- and it went fast.
MR. DONAGHE: The appeal went fast, but it's
been sitting on some so-and-so's desk for three weeks. This
Friday will be the third week. I know that it's on the
man's desk to make the decision -- or a person; I don't know
who it is. It's been on that desk for -- as of this Friday
will be three weeks.
COMMISSIONER WILLIAMS: On a FEMA person or a
City person?
MR. DONAGHE: FEMA.
COMMISSIONER WILLIAMS: A FEMA person.
MR.. DONAGHE: And once -- and you better
watch who you say to ao ahead and start that, because once
they do, you're out of the loop for any help. You're just
in limbo. Red Cross, Sa]vation Army, you're in limbo.
You're stuck.
COMMISSIONER WILLIAMS: Anyone else wish to
speak in the public hearing regarding this matter? If not,
this Commissioners Court meeting is adjourned.
(Public Hearing adjourned at 5:94 p.m.)
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STATE Or"PEXAS ~
CODNiY GF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DA'Z'ED at Kerrville, Texas, this 6th day of August,
2002.
JP.Np]ETT PIEPE/R~, Kerr County Clerk
BY: _ __ ____ _r ~_ _ ______ ___
Kathy Bani Deputy County Clerk
Certified Shorthand Reporter
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