ORDER NO. 31262 APPROVE JOHN HEWITT AS FLOODPLAIN ADMINISTRATOR Came to be heard this the 13th day of April, 2009, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Approve John Hewitt as the Floodplain Administrator. ~ ~ COMMISSIONERS' COURT AGENDA REQUEST 3 ~~~ ~ ~-- PLEASE FURNISH ONE ORGINAL AND ONE COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. PLATS OR LARGE FORMATS PLEASE FURNISH 6 COPIES. MADE BY: LEONARD ODOM MEETING DATE: 4/13/2009 OFFICE: Road & Bridge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider, discuss and take appropriate action to approve John Hewitt as the Floodplain Administrator. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: LEONARD ODOM ESTIMATED LENGTH OF PRESENTATION: 5 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 a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: ___ na, 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 will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. x O°UnN of Leh Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONERS' COURT FROM: LEONARD ODOM DATE: 4/13/2009 RE: APPROVAL FOR JOHN HEWITT AS THE FLOODPLAIN ADMINISTRATOR WE CAME TO YOU BEFORE TO DISCUSS THE OPTION OF HIRING JOHN HEWITT TO TAKE OVER THE POSITION OF FLOODPLAIN ADMINISTRATOR. WE HAVE DISCUSSED WITH JOHN ABOUT THIS POSITION AND HAVE COME UP WITH A PLAN OF HOW WE WOULD BE ABLE TO MAKE THIS POSITION WORK FOR THE CITIZENS. OF KERR COUNTY. JOHN HEWITT IS A LICENSED CFM AND ALSO A PE WHICH MAKES HIM VERY QUALIFIED FOR THIS POSITION. HE WAS KERB COUNTY'S FLOODPLAIN ADMINISTRATOR WHEN I WAS OUT ON MEDICAL LEAVE. ENCLOSED YOU WILL FIND OUR PROPOSAL FOR THIS POSITION. WE HAVE ASKED TO MAKE SOME FEE CHANGES TO OFFSET THIS POSITION. JOHN HEWITT IS LOOKING FORWARD TO WORKING IN THIS POSITION AND WORKING WITH THE CITIZENS OF KERR COUNTY. AT THIS TIME WE ASK THE COURT TO APPROVE JOHN HEWITT AS KERB COUNTY'S FLOODPLAIN ADMINISTRATOR. Kh CC MEMO JOHN HEWITT FP ADMIN.doc PROPOSED FLOODPLAIN ADMINISTRATOR John Hewitt, P.E., C.F.M. Licensed Professional Engineer Licensed Certified Floodplain Manager Resident of Kerr County, Pct. 1 John would work one day a week, we thought Wednesday would work best. He would report to Kerr County Road and Bridge to work on Floodplain issues and permits. John would use a county vehicle as needed to check on developments and projects. If variances and/or violations are present he would need to approach Commissioners' Court and/or the County Attorney for these issues. With John being a Professional Engineer he would also be available to do flood studies in some of the much needed areas of Kerr County. The proposed pay rate is $100.00/Hr. CURRENT FLOODPLAIN PERMIT FEES (As of March 20, 2009) DeternlinationFee-$55.00 Erosion Control Fee-$55.00 Residential Development Fee-$200.00 (1% chance Floodplain and Floodway) Commercial Development Fee-$400.00 (1% chance Floodplain and Floodway) PROPOSED PERMIT FEE CHANGES Option #1 Determination Fee-$110.00 Erosion Control Fee-$110.00 Residential Development Fee-$200.00 (1% chance Floodplain) Residential Development Fee-$400.00 (1% chance Floodway) + .10/square foot Commercial Development Fee-$400.00 (1% chance Floodplain) Commercial Development Fee-$600.00 (1% chance Floodway) +.10/square foot We propose the increase in all the permit fees except Residential and Commercial Development within the 1 % chance Floodplain to offset John's rate and also to cover the travel time, inspections and reviews of some certificates. Determinations and Erosion Control Permits can require travel to the property to discuss and inspect the project. Determinations can require Elevation Certificates which need to be read to insure proper floodplain determination on the property. Development in the Floodway requires Elevation Certificates and "No Rise" Certificates that involve extra time to review and determine if regulations were properly completed. Option #2 Same as Option #1, but with "No Development" in the Floodway. Exceptions could be retaining walls, accessory buildings (i.e. pavilions, patios, etc.) Kerr County's present Violations and Penalties are as follows: SECTION E. VIOLATIONS AND PENALTIES Any person, firm, corporation or agent who shall violate a provision of this regulation, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, or alter, any structure, or shall place any fill material, in violation of the detailed statement or drawing submitted and approved thereunder, shall be guilty of contempt of the Commissioners' Court of Kerr County, Texas. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation or any of the provisions of this regulation is committed, or continued. The Flood Plain Administrator is authorized to file with the County Clerk a Motion suggesting contempt for failure to comply with these regulations. After filing, said Motion shall be presented to the County Judge who shall set a day and time for the Respondent to appear and show cause why he should not be held in contempt, which time shall not be less than ten (10) nor more than twenty (20) days from the date of filing of said Motion, whereupon the clerk shall issue a citation and notice of setting for service upon said Respondent. At said hearing Respondent shall be accorded the right to counsel, the right of confrontation, the right to summon and examine witnesses, and the right to testify and offer evidence in his behalf. If after such hearing before the Commissioners' Court he should be held in violation of the regulations and in contempt of the Orders of the Court as expressed in these regulations, then he may be punished by a fine not to exceed $25.00 for each offense or by imprisonment not to exceed twenty- four hours for each offense.