Travis County Commissioners Court
June 20, 2006
Item 28
28 is to consider and take appropriate action on conservation easements from and providing general assistance to the chautauqua foundation in support of a buy-out, clean-up and educational initiative in the imperial valley, section 1 subdivision.
>> good morning judge and economics.
>> good morning, john.
>> come on up.
>> we wanted to lay out 28 because it will provide a little bit of context for item 3 b. In particular. Let me go ahead and lay out the bare bones of what we have been working on this with group, then I will turn it over to them to tell you a little bit about their group. The chatagua foundation is in general a youth education, river education focused non-profit. And I guess probably for the last couple of years they have been working with the county attorney's office in acquiring lots down on the subdivision on the river called imperial valley phase 1 or something like that. For those of you who would prefer to deal with what I consider to be county landmarks, go down f.m. 969, it is basically down below don's barbecue. That's what we have been working on. That has been an historically -- an undeveloped subdivision in the floodplain that has been discovered by both well-intentioned folks who want to get down to the river and fish and also folks that are down there to save money on solid waste disposal fees, down there to make money in various endeavors that are illegal and in general make a nuisance of the property. To over time I can tell you the sheriff's department, t.n.r., probably a.p.d., a number of jurisdictions have considered this to be essentially a public nuisance and the chautauqua foundation has discovered its presence, it has been over time endeavoring to acquire some of these lots and it has come to the county for -- for assistance both from the county attorney's office on that process as well as t.n.r. In looking to assist with -- with cleanup consultation, you know, even to the point of potentially, you know, agreeing to negotiate conservation easements to assist in -- in lowering their tax burden. So that's pretty much what we are here to discuss with you today. We -- we also in sort of trying to align the stars on this project, it's a fairly complicated project. Linda has seen quite a bit of potential with linking the capcog solid waste grants to this project and assisting in providing funds for -- for cleanup and what have you associated with that. Ultimately, what -- what I think what the foundation would like to do is -- is work with us to discuss the possibility of us holding a very non-obligated type of conservation seizement. Just so that they can -- you know proceed to -- to conduct their educational activities for the youth of Travis County. We -- you know, at a reasonable expense to their non-profit. On our side --
>> john from a -- from a sort of one, two, three perspective, can you just tell us, walk us through how the easement would work?
>> yes, sir. First of all, what we would do is we would work with the county attorney's office, john hilly has a long standing relationship with us in drafting conservation easements primarily for the balcones canyonland preserves plan. This would be the first non-bcp oriented. What we would do is essentially a conservation easement just by definition is the owner, in other words the chautauqua foundation basically transferring the tradition nam analogy is a bun -- traditional analogy is a bundle of sticks, they would give us the ability to limit their development and keep a handle on what they are doing on that property. Now, all this would have to to be negotiated. We have not gotten to that point yet. We wanted to come to the court and make sure that you guys were comfortable with this approach before we moved down that line. It would be a legal document that goes with, you know, the deed on these tracts that would --
>> who owns the property today?
>> it is in transition. The chautauqua foundation owns approximately seven out of 69 or 62 lots.
>> 67.
>> 67 I'm sorry. And they are in the process of trying to acquire more. There's --
>> various people own the other lots?
>> yes, sir. However almost all of them are behind in taxes and there's really nothing going on down there. So they are --
>> how would the foundation acquire ownership? Stheef been in the process of working with the county attorney's office on foreclosure -- one of the -- when these lots come to the courthouse on foreclosure, they have been acquiring those as they are able to do that. There is a possibility on down the road if there are other ways of acquiring grant money or something like that, that they would, t.n.r. Might even assist them with that basis. Depending on where the court wants to go with this.
>> okay. So the intention is to acquire most or all of the ownership and then do what?
>> tell you what, why don't I introduce wayne gronquist who is council for chautauqua foundation --
>> I think that I know but it's good to publicly explain.
>> lay it out.
>> I did not mean to go too far down that line. Joe kendall the executive director for the chautauqua foundation I will let them take it from that point. I would like joe to talk about what chautauqua foundation does. But first we are in hopes to acquiring title of all of the lots pursuant to arrangements that we've had with the county whereby if they come up for foreclosure, we will purchase them in consideration for the conservation easement we are going to -- to give the county. A small sum of money on each lot and our commitment to clean up this -- this illegal dump site and turn it into a camp for the children of Travis County. In that commitment we are agreeing to not only clean up the property, but we are also agreeing to maintain it and to provide the security. Now, you might wonder how we can do all of that. We are really going to be just the catalyst, the -- the vehicle, the point guard, if you will, and -- in bringing the cooperative effort of -- of both the public and the private sector. We have many people who are willing to contribute some funds to this. Companies that are willing to contribute their expertise. Our plan is after -- perhaps by the end of the year, we hope to have completed our phase 1 environmental assessment and put up a fence. So that we can stop the illegal dumping. Sometime this winter when the vegetation is down, possibly as early as November, December, January, more likely February, we will want to begin a massive cleanup. We have -- we already have consider support for it. We would hope during the course of next year we could completely clean it up and have it as a safe place for -- for the school children of -- of Travis County. And we have -- with that if I could I would like to ask joe kendall to talk a little bit about what we do with the school kids of Travis County.
>> thank you, wayne.
>> good morning. I'm joe kendall. The executive director and founder of the chautauqua foundation we are a group of people that in 1992 with a passion for the river started an organization, not noang exactly what we were going to do. We started with an adopt a river program, that later developed into what we do currently, which is what we feel is the most significant thing that we can do, that is to take children on the river that normally wouldn't get a chance to do that. Since then, we have taken over 3,000 of those children, we have worked with probably 20, 25 different schools in the school district. And just basically feel that the world would be a better place if we all spent some more time floating. Some people can float on a dance floor and get that sensation, a lot of others have to have a media like the water. So -- so what we try to do is put people on the we are and have a good experience with it. We do adults as well, but our primary focus is to take the children that like you said would not normally get a chance to do this. We have been fortunate enough to get over three grants from Texas parks and wildlife. They identify what they call their non-traditional constituents as minorities, poor and females, had he gave us 20, $30,000 on different occasions to take their non-traditional constituents to the river. We would have had 25 kids out there today if it wasn't raining. So we are active and we are excited about the opportunity. What -- what I personally believe made a significant difference in my life was to do what I would call canoe camping. I put in -- on the river with everything that I need to get through the next day or two, float down the river. Stop. Usually at some kind of beautiful paradise and spend the day. And it has taught me a lot. I would like to have the -- the school kids, the -- of Travis County to have the opportunity to do canoe camping. And the idea is that we would continue to do the program we currently do, which is teaching children how to canoe and some kayaking, we take them to barton springs, teach them snorkeling. Then we also teach them how to plan and pack a perfectly balanced day's worth of food for their trip. Then continue to do that program and then expand the program to include down river canoeing, putting in below the dam, longhorn dam at the new guerrero park and float from there down to this property. Which will be about five river miles. And then camp on the property overnight and then the next day float down to del valle and take out. We think that it would be an incredible experience for them.
>> and thank you for those comments. Let me say this, though. For those that are looking -- listening to us today. This subdivision imperial valley south, as john depicted, is located behind don's barbecue. However, this property that we are referring to is significantly impacted within -- within the floodplain and the dumping that have taken place there over the years, just horrendous. It's just terrible. All of the illegal dumping anybody want to dump without going through the landfill, they are using this as a -- as a public -- well as a dumping site and even though it's illegal, it's kind of hard to catch. We've had different persons interested in entering into some type of a relationship with the county to help locate a situation there whereby they are able to enhance and also clean up this particular properties. And if those of us who had a chance to visit that area and -- and looked in that area, you will see exactly how impacted it is, negatively impacted this area is with just so much illegal dump debris. It continues to -- to go on in that direction. So I think that it's an opportunity for us to go and have something probably done whereby we can reclaim and I mean reclaim. This is sort of like a reclamation, this particular area, for use, hopefully if -- if we get this through -- through by the youth of this community. So -- so I would like to -- to just ask mr. -- mr. Gronquist, when do you think all of these things that have been said and done today, the county ends up moving in this direction, that's why they want to talk about 3 a and 3 b at the time, especially 3 b because I wanted to lay this out, asking you when you do you think that some of these things that we are discussing this morning can actually start taking form and place?
>> Commissioner Davis, it's -- it's hard to say when we can finish this project.
>> I didn't say finish --
>> but really understand what all we are getting into fully. But we have got some time frames. We would like to have our initial cleanup sometime between November and February. November might be early because of the vegetation. Prior to that time, we intend to complete a phase 1 environmental assessment, that could lead to a phase 2. If -- if there's -- if there's serious toxic matters on the site we would have to do a phase 2 environmental assessment. Let's assume that's not the case. The phase 1 assessment will enable us to identify hot spots so that our volunteers won't be endangered when we are actually out there picking things up. Will give us a guideline, help set this time table. But as early as -- as November or December, we could be -- we could begin with the actual cleanup. Just prior to that time, after the phase 1 assessment and -- and before we really begin cleaning up, we want to try to make the site secure so we are committed to putting up a serious security fence at the entrance. Fortunately that's relatively simple because there's a little bottleneck entrance, it's not like we have to fence the entire area. And so we will have the -- as phase one assessment and the -- the fencing in place we think pretty much by the end of the year and -- and if not by the end of the year, certainly early in -- in 2007 commence the cleanup, we already have the support of all three landfill companies that are contributing either coupons so that we can take the -- the trash there or they are contributing -- helping us with the vehicles to get it there. We have got a lot of volunteers lined up. We think that it's an exciting project. I can't pinpoint exactly where we are going from that initial big cleanup. We will have to assess it then. We are hopeful during the year of 2007 that we could complete the project.
>> okay.
>> okay.
>> john, anything that you want to add? Melinda?
>> I think that we have covered it pretty well. I know the rest of the court members may have other questions, essential on 3 b there may be some related questions.
>> john, real quick question, in terms of the proposed putting a fence across a road, is that an accepted county road? Or is that a private road?
>> would you like to address that? You have been researching that.
>> john, you might have a better --
>> having gone, been there, done this on colemeyer, asking some relevant question as to how --
>> the key is that it's so overgrown you wouldn't recognize it as a road, I wouldn't be the county doing the fencing, it would be the chautauqua foundation doing the fencing at their risk. If one of the neighbors objects, then we will have to stop. But from what they have been contacting from the neighbors and all of that, they are welcoming a fence. So that's the key.
>> we don't have a cemetery.
>> no, no cemeteries.
>> >> [laughter]
>> yet.
>> okay. Got it. Thanks.
>> 10 years ago there was a county road that went up to the -- what I recall as being a -- some sort of a fence or barrier. On the other side of it you are really talking about just piles of junk. I can't recall how far from where the fence would be the colorado river is. What's that about a quarter of a mile? Or is it --
>> yes.
>> it's -- approximately a quarter of a mile. I think would be the -- the length of the subdivision. Long and narrow. And I believe that the road that you were referring to, I don't know this for sure, but I believe the road stopped at the top of the hill. We would propose putting that fence perhaps just at the bottom of the hill. At this -- at the shortest distance across the subdivision.
>> for those wondering, this is pretty much raw land that had been dumped on -- 25, 30 years ago.
>> oh, my god, judge, high crime area, a lot of crime also >> [indiscernible] one of the deputy sheriffs, we used to just go out and it's been a pretty high crime area also down there. You know, same area. So -- so just going -- I would like to move approval.
>> second.
>> 28.
>> item 28.
>> are you all finish ed?
>> if you all are finished.
>> what are we asked to do in the agreement today?
>> the primary direction that we, judge and court is -- is allowing t.n.r. To work with the county attorney's office to draft the acceptable conservation easement that we would draft for ultimate approval.
>> when you bring it back, it would be helpful to have pictures, not only of where the county road ends, this nuisance area starts, but also sort of down in the interior so -- so -- members can actually see it. I would go out every couple of months and look at it.
>> we can certainly do that, judge.
>> any other discussion?
>> can I just offer one more comment? And their expectation that we discussed as -- is that there may be hazardous wastes from -- from there's a couple of -- of crime that's have occurred on there that may be risky and so we will be drafting it so to fully I am dem phi the -- imdemenfy the Commissioners court to the extents that we can draft around any federal requirements.
>> that would be coming back later as far as that.
>> the -- does the chautauqua foundation expect to do due diligence, ascertain all of the facts if you need to bail out at some point you will have an opportunity to do that if you want to proceed based on what you find, go ahead and too that, also?
>> that's correct.
>> based on our phase 1 environmental assessment, we will know what we are dealing with. And we will have to -- to plan that.
>> there was some reference in one of these letters that the foundation has done a 501 c 3.
>> we are a 501 c 3.
>> okay.
>> motion and a second.
>> motion and a second.
>> yeah.
>> all in favor? That passes by unanimous vote. Thank you very much.
>> thank you.
>> no fish tacos? >> [laughter]
>> nope.
The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.
Last Modified:
Wednesday, June 21, 2006 10:26 AM