Travis County Commissioners Court
October 2, 2007
Item 15
Joe, since we have you there, 15 do we expect the family here on that item?
>> no, they are not going to be here.
>> are we ready?
>> I don't think anything has changed, but our recommendation is the same. Not take any action.
>> let me--
>> should we call it up.
>> yes, 15 is to consider and take appropriate action on a request for variance to chapter 64, Travis County regulations for floodplain management for a home located at 1605 center point lane. Okay.
>> I spoke with ms. Posselwanit, think that is how they pronounce. I want the court to know, hi told her that I thought the court was probably going to have to deny the variance, and we were pretty clear about that when ever they came the first time. Let me tell you, this is really sad for these folks. I mean, they have had to move to wisconsin. They are living with a family, I don't known whether hers or his family, in wisconsin. When I delivered the news that I really thought that the court was going to have to follow through and deny this, but that we really have, or that i, I mean, in precinct 3, have a lot of interest in trying to help this couple get to the 1316? Is that--
>> the enforcement action.
>> because that really, quite frankly, is the only way to help he's folks. You know, is to get them out of the fema loop, if you will. I know stacy has been in the office and has talked to me about how you have to do this. I mean, it's pretty extended, you know, sort of a proattracted sort of process that you have on go through. Smart, I have talked with stacy about probably getting had them on the phone. I thought I was just going to call and ask them to come down and sit down with legal and our staff and say here is what we need to do. Otherwise, these people, they don't have a place to live. They can't rebuild. They can only rebuild if they do it on their own nickel, and they are willing to do that and be out of the fema insurance. They know they can't get that. But the cost of going up above the floodplain is a pretty expensive process. I am pretty convinced that they had no clue when they bought this place, which I still find it hard to believe there is not some sort of legal recourse that these people have to go, but I said hey, go and do whatever you can there. They understand, and I do want the court to understand, I mean, how bad this situation is for these folks. So if the court, and I also want the court to know that I'm going to try to work towards 1316, of what you call that.
>> it's a declaration.
>> a declaration. And try to help them that way. With take being said--
>> the other thing that was kind of trouble some to me, there's no way to have legal dischloe when they sell their property this property has flooded in the past, or is at this flood level, you know, whatever. Something that discloses the information before a buyer, this is truly buyer beware for heaven sakes. That's part of the problem that got us, them and us into this situation.
>> given the fact that we really can't give a variance because it does jeopardize our standing with fema. And they are really nice. They understand it. They are distressed over it. But they do understand our situation. With that being said, I told them I would let them know what the court did but I was probably going to make a motion to deny the variance, get it at least moving. That is the first thing we have to do to move them towards some sort of ability to move to the next step for them. So that would be my motion, so deny the variance to comply--
>> I would second that. The other thing that I had, there's no way for us to buy them out so they can build somewhere else?
>> that's just a different subject matter.
>> I mean, that is an option that's there.
>> it is an option--
>> they could voluntarily allow us to buy them out so they can move--
>> this would be a home, part of the program that we have already applied for, right?
>> we're making application. This home is on the list that we are putting in the application for buyout.
>> there are several homes already been identified in the area. (inaudible)
>> that's correct.
>> my question is, during the process, why wasn't this home among those that were looked at for buyout purposes?
>> willing seller.
>> pardon me?
>> willing seller.
>> a willing seller?
>> voluntary buyout.
>> I understand.
>> the family asked to be put on the list in case the court wouldn't grant a variance and they wouldn't be allowed to build there.
>> we've not had a buyout in place for this area.
>> we've purchased one property on graveyard point. We have made application two other times to purchase additional properties. We were not awarded those grants. The next application will include two properties from graveyard point, should court approve that.
>> so we do the applicationment let's assume that it's granted. Sit granted for a certain period? Do you have a period of time in which you have to either use the money or it goes back to the feds?
>> yes, a a period of time, they typically give us six months to a year depends on the grant.
>> okay. They approve our grant. We have a deadline to spend it. We don't spend it by then, that program goes away.
>> that's correct.
>> next flood event we probably have more willing sellers. So we apply again, we'll have another deadline and use that if we are approved.
>> that's correct.
>> this time we are adding them to the list of willing sellers if we get a plan approved.
>> that is correct.
>> some reason for home, I gues.
>> are they willing, you said they left and went to--
>> wisconsin.
>> I guess my question, were they aware of this program?
>> they are aware of the program. She and I spoke about that. She said, I would hope that we would be in a position that maybe an offer or an opportunity for that to happen. I mean.
>> but the program now is really an application that may or may not be met.
>> exactly.
>> we have our local match in place in event that the 75 percent federal money becomes available, right?
>> that's correct.
>> right.
>> (inaudible)
>> I'm sorry that you look on that with doubt, joe.
>> I second your motion.
>> anymore discussion? All in favor. That passes by unanimous vote.
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Last Modified:
Wednesday, October 3, 2007, 18:30 AM