Travis County Commissioners Court
September 16, 2008
Item 23
>> judge --
>> we've already approved 21.
>> as opposed to pulling up 23 right now, which I know probably was your intention, I have spoken with the applicants, and I think, I mean I don't want to try to do this in 20 minutes because I want there to be enough time for there to be -- I want there to be enough time for there to be a good explanation of what's going on with this because I think that this is important enough in its detailed enough that we're going to need more than 20 minutes, and I know that y'all, we will break at noon and I don't want you to have to feel like that staff's got to get up there quickly to do it that you all have to quickly do it.
we'd mention that if that's okay with y'all, we'd bring that back after lunch.
is that okay with y'all?
>> that's fine with me.
I did asset to jp.
>> is that fine?
I want you to have your time and we can't do this ampfully 20 minutes.
>> (inaudible).
>> thank you judge.
judge, could we let them know that we would try to do it say at like 2 when we get back if they were going to leave?
I think we may need 30 to 45 minutes to do this.
>> and I think they're looking at more like 2:15 that would be a whole lot better.
>> now, number 23, consider and take appropriate action on lot 75, cardinal hills estates, unit 15, maravilla subdivision.
>> I think, judge, I've seen the writeup that t.n.r. Has done and I think you need to come forward. Don't know that we need to go -- unless people have not read the t.n.r. Backup with regards to what we're dealing with here. I know everybody has had the information since end of last week. I think -- I mean we probably need to have you all just be available.
>> by the way, thank you for your patience. Some weeks we control the agenda better than others. This was one we didn't do so well.
>> it's allowed me to cut my speech a little shorter.
>> and you don't have to do that either, shirley. Whatever you want, I mean all we need to do is let the t.v. Folks know wherever you want us to roll the d.v.d.
>> also could we --
>> sure. Bring it over to Commissioner eckhardt and let her pass them down.
>> judge, let me preface a couple things before we have shirley and victor address the court. This particular situation has gained quite a bit of notariety in the last couple of years, as we will see, I mean, you know, it's made the news, it's certainly made the newspaper, I mean it certainly has taken, you know, a great deal of effort and time, you know, out of t.n.r., out of my office and especially out of the folks that live on lariat, in particular a couple of families. In the next couple of weeks we will have the barlow family that will also -- we do have william here with us today, but we will also -- or I will agendize that particular household along with all the necessary information. I do think the court members have received all of the background information from william and louisa, his wife. I told william why don't you come today so you can see how this takes plays with what kind of questions the court, you know, asks, what kind of responses our transportation resources folks if it does come time for them to speak. But I felt like this has reached sort of the crescendo there really I don't think is anyplace for either of these couples to go other than the court itself. Obviously we know when we have issues each of us as Commissioners that represent 25% of the population it has a tendency to stay in our precincts. But an at this stage I think this is probably something that will necessity the court weighing in on what I hope to be at the end of this deal some sort of a resolution to some degree with both of these couples.
>> [one moment, please, for change in captioners]
>> that second segment we will roll it has no commentary. Once we see the gist of it is fine to cut off at any point.
>> are you ready for it now?
>> media, I think you all have the dvd. (video plays).
>> is that common?
>> I have not seen that in my experience.
>> another marred via homeowner. This is home video of her property last spring. She said what appears to be a river was in reality less than two inches of rain. The water pooled around her yard and the foundation.
>> it is scary to see it within your backyard and scary to see it within an inch or two of coming into your house.
>> the problem with her drainage is so severe, the Commissioner Gerald Daugherty said it all but stopped construction. The letter was sent stating there are potential septic system failures and health and safety issues.
>> they got your attention. You went out and walked the property, what did you see?
>> just looking at it you, can see where water can come across here and it will come across the yards and probably into homes. So obviously, there were some areas that was obvious.
>> are you upset with the developer in this? Do you feel he did his part?
>> obviously, he didn't. And at this stage, I am at least satisfied that the developer has been working cooperatively with Travis County.
>> Daugherty admits the county could have done a better job preventing the drain annual problems. -- drainage problems. They're trying to fix the problems, which includes redigging culverts and that is happening here.
>> I'm sorry for that.
>> in a letter sent to homeowners, maravia stated the county, count tract -- contractor claiming the engineer was to blame.
>> when we were addressed he wrote this. We believe parties other than maravia are in error. We have replaced the culverts at our cost. That is not all.
>> they sold us a concept with a bunch of specifics.
>> russell said he was told maravia would have a homeowner association and offer specific amenities. More than three years after the development began, there is still no homeowner association and --
>> we're going to have 24-hour armed security, street lighting.
>> the community's website from 2004 advertised armed security on ground as a feature. And in this letter sent to the residents last fall, three years after the advertisement appears, the question of where is the armed security addressed?
>> after the hoa is turned over to the residents if you vote to have a security guard that will be your decision. This would place a consider financial burden on all residents to cover these costs.
>> as for concerns over the street lighting that russell said was also promised to homeowners, the letter said at one point in time we did kick this around. But the cost was prohibitive to install, maintain and cover the electricity cost.
>> Austin's newest community.
>> for homeowners, questions remain especially as they reflect on a quote mike kelly made in a builder-architect magazine.
>> I founded this company on a high level of customer service. You will get better service out of us.
>> if you have concerns about your property, you can contact your title company to determine whether your home is free of liens. The Travis County district attorney office said if they're frauded the person responsible can face felony charges and imprisonment. To you.
>> just tried to make it as short as possible. So this is the January 13, 2007.
>> and this is footage I took. I am not a professional videographer. I was trying to walk out into my yard and get a better idea, by getting into the property as to exactly what was happening, how deep the water was around the foundation. What it looked like since this was the second time we had seen this particular type of thing occur. As you can see the culvert had breached -- the drainage ditched had breached. That is what the property looked like when we get the typical central Texas rainstorm, this is the retention pond. It sits to the east side of our homes. That is our septic system. That is the water around the foundation, at the back of our house. That is looking over on the west side to the barlow home at 15102 lariat trail. That is our septic pump. We were told by a registered san tarrian it shouldn't be urbed water. We rectified that and raised it up so we don't have failures. Anyway, we can move on, because I know -- again, the retention pond, which is a real concern of ours, because if it rains a lot we have been concerned about the retention pond overflowing and backing up into our property. This is over our keptic and in our septic field. The developer came out the day after the rains on March 2nd and sent a couple of workmen with a jack mammer who jackhammered out a bigger hole in the concrete, emptying area on the other side of the retention pond in hopes, I guess, of emptying the pond faster as the water flowed into it, so we wouldn't be quite as worried about it overflowing. As far as I know he didn't have an engineer with him to recommend that kind of rectification. I will go on. Hopefully, you had an opportunity to read over the letter that we sent to Commissioner Daugherty last Wednesday that provides a time line of the involvement we have had with the maravia subdivision and how we came before the court today. When we came before the court, we carved our letters in the wet foundation and topped it with a lucky penny. Little did we know where that undealistic and unknowing beginning would lead. This tragic and dire situation that leads us before the court today raises in our mind more questions than answers. Questions we asked ourselves over and over. Questions we asked over and over. Why are there county codes that speak to permits that might encroach on a public drainage easement? What is the worse possible outcome that can be to our health or that of the general public if those codes are not enforced. Why did Travis County tnr offer a permit on February 11, 2005, when a public drainage easement had been permitted by the Travis County tnr on June 2, 2004? The permit for our ossf was in violation at the time the permit was issued. In fact, we received a notice of violation from Travis County tnr on June 22, 2007. Given these facts, does it seem reasonable that we will now be required to invest in a new engineering plan for our septic system and make the corrections at our own expense due to a faulty permitting process by the county? Why are there county codes and regulations regarding septic disposal fields, their size and placement on the property for a new residential construction? What is the worst possible outcome with regard to the public and/or environment should those codes and regulations not be followed or enforced? Can Travis County tnr assure us that the septic disposal field for the home at 1502 lariat trail is within code and regulation? If not, why did it offer a permit for its operations? How could mike kelly, d/b/a premier homes, who is the builder and officials from the county get so many details so wrong so many times? Mike kelly bragged to us on more than one occasion, he had friends at the county. Where does that leave us at the bottom of lariat trails next to a retention we never were told would be there when we bought the land? Where does that leave the residents of maravilla subdivision knowing that waters that are and may be in violations of regulations eventually empty into lake Austin? Are other governing authorities aware of this situation? If not, should they be? Has Travis County tnr made a thorough audit of the homes in the maravilla subdivision to make sure they're not in violation of the public health, guidelines standards and laws. Why were violations cited to other homes on lariat trail not issued until one of the residents in the community investigated the issues and brought them to the attention of Travis County tnr? One of the major presidential candidates in a nationally publicized forum last week said the role of government is to protect our citizens and help them in times of emergency and distress. Our first written communication to this court asking for assistance and protection was November 9, 2006, via a letter that was faxed and e-mailed to county Commissioner Daugherty and copied by fax and e-mail to judge Biscoe. Sin that time, we -- since that time we sent over 25 letters and e-mails, the last September 12, 2008, pointing out the dire and unhealthy situation in which we live. On more than one occasion, Commissioner Daugherty told us not to walk in our backyard if possible due to the storm water, rainwater, and sewage water that washes over our property. When the home at 1502 lariat trail was occupied that septic field leached and was oversaturated at all times due to the incorrect and incorrectable size of the septic disposable field that could not work to code based on the large size of the home and small size of the lot. This impacts our property and serves to provide a health hazard for which we have no remedy. Travis County tnr signed off on this including culverts that have incorrect sizes on at least 15 homes in the subdivision. There are oss systems due to fields in the 5 feet of the easements and property os lariat trail. The county signed off on permits for oss that are obviously too small for the size of the lot and size of the structure that was built on the lot. Commissioner Daugherty personally came to the maravilla subdivision and spoke with us and our neighbors in the spring of 2007. He told us then and has told us since that this community is a train wreck and the more he knows and uncovers, the uglier it gets for the residents and the county. We have been patient. We have been cooperative in every way we know with Travis County to try and get all the problems that jeopardize our property, home, and health rectified. We have come to the conclusion, it is an impossible goal due to the various violations that have been cited against our property and others in the subdivision. Unfortunately, we sit at the bottom of the hill next to the retention pond and downhill from homes with oss septic systems that won't pass county code. Victor and I work hard, we paid our taxes, we paid every penny of our monthly mortgage payments even though we pay for a home so compromised it seems sinful for any person or entity to profit from our tragedy. We are before the court because you're the elected officials that have responsibility to the citizens of Travis County. We deserve action on the part of court that allow us to move on with our lives, and threat of flood water, pollutants and hazardous materials crossing our property. We don't deserve to live in fear each and every time rain is forecast for Travis County. We cannot walk in the backyard. Our pet cannot walk in the backyard. We cannot plant flowers because they have been washed away. We can't sell our home. If the county uses the bond money it has required from the hartford to repair the engineering problems which may alleviate the flooding and drainage problems, even if the county replaces approximately 15 or so culverts that are installed and are the wrong size, one being under our driveway. The county finds a way to remove the septic lines from the easement in the back of our property which puts our home and others in violation of county code, even if Travis County does all this, and we're quite skeptical about how easy it will be to get everyone in the maravilla subdivision to sign off on the work, we will still not be able to sell our home due to the osss is systems due to the structures that are too small that sit on the lots. The septic systems are difficult at best. These are not three to five acre lots. Most of the homes sit on much less than one acre of land. The property at 15102 lariat trail was purchased by a bank as a foreclosure. That bank has no obligation to disclose any problems and they are actively trying to sell it. We have personally intercepted six real estate agents with potential buyers who were looking at the property as a possible purchase for penny os the dollar. This property should be condemned for the peril it places on our property but also in order to prevent some other unknowing consumer for becoming mired in the maravilla train wreck. Commissioner Daugherty has admitted that our property and the one uphill at 15102 lariat trail should never have been built and both should be condemned. Is it our responsibility to continue to police our own tenuous situation within the subdivision? Where will this nightmare end? As elected officials, are you prepared to tell us that we have no choice but to walk away from our home allowing it to go into foreclosure, thereby ruining credit we worked our entire lifetimes to build. If so, this would fly in the case of values and morals we have been taught as small children from another generation who did put value, work, sweat, and in some cases blood into upholding these values. If this is allowed, I would say shame on you, shame on you all. Travis County will have completely failed us. As officials, you were informed of our situation a year and a half ago. Nothing has been done to make us feel more safe or healthy. We still can't plant flowers in our flower beds, distill can't walk in the backyard and we're still scared when we hear thunder. Even this past weekend lent anxious hours as we washed the progress of hurricane ike and the potential effects it might have brought to Travis County. We're not asking to be compensated for our pain and suffering, for our mental anguish for the sadness we endure on a daily basis since we have no home we can enter, lock the doors and have a few hours of respite from the stressful and entangled world in which we live. We don't have that sanctuary but we deserve it. We're asking our elected officials to step up and do the right thing. If not, we may eventually be forced from our home. But we promise we won't go quietly or without fighting back as rights we have as citizens, taxpayers and voters. At this point, we have nothing to lose. In closing, we realize our decision to bring our story before this court may not be a popular one within the subdivision in which we live. Although we have chosen not to be vocal within an e-mail list to less debts we have -- residents, we have witnessed the discord. The defender series was not popular because they felt it would bring bad publicity and lower property values to their homes. Again, we have no property value. Our story is an aberration since we live at the bottom of the hill. We realize there will be no definitive answers or relief for us today. We would invite and be interested some hearing any comments you may have. Thank you for this opportunity to appear before this court and present our story. Voen victor, do you --
>> victor, do you have anything you want to say?
>> I said it before, I said it to the department, this is a travesty that you all have had to live with. And I do think that we, as an entity, need to try to do something for you all. You live in an absolute untenable situation. Hopefully with this new engineering, we're going to be able to take and deal with some of the water from up above you that will perhaps take some of the sheet flow and not allow it to come gushing down over three yards on to y'alls. Something the court needs to understand, this is much more than just engineering and just a natural flow of water. I mean, we have got yards that -- I don't know whether they can pass, I have talked to our experts. There are people in the septic industry that says, yes, I think you can get these other yards accepted, but I'm not sure of that. And I'm especially not comfortable that I can look victor and shirley in the eye and say I think you're going to be all right with this. Because I quite frankly, if I put myself in that spot, I would not be comfortable in that situation. It is unfortunate that the way that we do things within the county that we can find ourselves in a very untenable spot, given the fact that -- we do this in a number of places in the county, that we take an accepted, engineered, sealed set of plans and quite frankly, we think that we have done the right thing. Unfortunately, after going back and looking at some of the things that has happened to you all, that has not been the case. I mean, there have been -- there have been some places where, unfortunately for us, I mean, we have gotten caught in this thing. Like y'all. You know, obviously, if you could go back and do this thing over, you would have had a developer out there that was doing the things that everybody thought that he was going to do. We now have a developer that, quite frankly, none of us can get anything out of, because he's in bankruptcy, can't get blood out of a turnip and going after that particular entity as making anything whole is next to impossible. Quite frankly, I mean, you know, it is not that you can't start looking at engineers and looking at a number of people. Unfortunately, I mean, we are the county, we are the folks that have signed off on some things that if we had to do over again, I think that we would have looked, you know, a whole lot closer. We are trying to, I know it seems like that for a year and a half, nothing has been done. We have really actively been trying to get all of the bond work done. I mean, our legal is working on that as we speak. The unfortunate thing that we find is that whenever you start trying to draw somebody's bond down, guess what, somebody starts defending themselves, as to well, let's make sure before we write you a $700,000 check, that we want to make sure that we really want to be paying that. Y'all, I'm as frustrated -- all of us get as frustrated as the other person whenever it comes to something getting into the legal system. But that is the system that we live with in this country and that is something that works better for us than at other times. Ji know that there will -- judge, I know that there will be questions that we have to ask of legal in executive session. I had informed shirley and victor that that is probably -- one second, william, that that is something that we would probably have to do. Obviously, I told her, I said I want you to put an offer together so that we can take a look at this thing, see where we can help with this thing. But I will say as the Commissioner, I do think that we need to do as much as we can possibly do for this family. I will be saying the same thing whenever the barlows come in the next couple of weeks. William, if you wouldn't mind, if you would keep something, give me a couple of minutes for whatever you got to say. Because I do want you to have your day before us, fully, like I'm trying to say with victor and shirley.
>> I was to ask since I was a neighbor and I can actually contest to what she was saying. But I just want to bring up an issue that wasn't really discussed is that I want to ensure and let the Commissioner know that -- Commissioners know that there is no remedy to this problem here. And that under the Texas water code and the Texas administrative code, there is no remedy in order to rectify these areas. Right now, my neighbor and I -- my neighbor is still there, but it was at one time and under the conditions for which she's presently living in, the Commissioners need to know, is that my neighbors live right now with fecal matter and urine running down their backyard. I think that is deplorable way for someone to live. I think the Commissioners need to know that as of this point, this is what she has to deal with right now. And I just don't feel that is right for somebody to have to live like that because the city, the county had permitted a place actually that shouldn't have been permitted. If you look at this whole situation, Commissioner, it is not a thing of the county rectifying these drainage, it is a thing of impervious cover. This water has to go somewhere. Back in 1970, this is how long this has been on the books as far as the drainage easement that was in the back of that property. It is very important, it didn't just occur. It has been there for a while. So therefore, you have these houses that was basically built back in the 1970s on the commitments they were looking at 12 to 1300-foot houses. Sir, today on the same lots for what the engineers was doing back at that time, have you got houses that is 3,000, over 3,000 square feet, where will the drainage fields come from? It can't?
>> you are absolutely right about that. I want to make sure you know and indicate what conditions right now my neighbors are living under. I was living under the same conditions. I just want to stress that to you. I appreciate the time. And excuse me, shirley, but I wanted to indicate to the precinct to the conditions that you are living under right now, you should be aware of.
>> thank you.
>> I would say this william and louisa, of course, you know, have moved away from the neighborhood. They had to walk away from their home. They felt it was a health hazard. I know that registered san -- sanitaryian came out and looked at the amount of land available for septic lines and said basically, there is no way that there is enough land here available to put enough disposal fields in order to have a home that is almost 3,000 square feet inhabited on this property. And in my opinion, as she quoted "in my opinion, there is no immediate remedy for this house." you can't grow more land, you can't, given the easements that are on the east and west side as well as the public easements in the front for public water and utilities and it has to be 25 feet off, you know, the front of the property. There is no remedy, you know, for that home. One of the reasons, also, that they were -- you can imagine the distress of having to move out of your home, that you love so much and you thought was your dream. But they talked to us many times and they were concerned about them living there and the impact it had on our property right next-door. As you saw on that video, the amount of water that was coming across the back of our property. And when I walk -- we haven't had, really, you know, bad, saturating rains in a while. So our backyard is -- it's brittle, you know, it is full of red mud and junk. If you walk in it, you have to come in and disinfect your feet. Consequently, I have taken your advice. I don't walk back there unless I have to. In terms of our septic system, luckily we chose because we were the fourth people into the community, we were early on, we had a choice of a lot of lots, we thought it would be private, we had no idea there was a retention pond next to it --
>> we were told that this land doesn't belong to the realtor, that is why we chose it. And sadly --
>> it was the retention pond.
>> (inaudible).
>> our septic is fine. What we ended up with was a 1547 square foot house on a huge lot. Our keptic field goes across the en -- septic field goes across the back of our property. We don't use a lot of water. But at the end of the day balboa filed the septic engineering plan with the county that was approved February 11, 2005, before we moved in in March. That extra easement was approved in the summer of 2004. So that 10-foot easement was already there. So his septic plan had our septic lines going up to the easement, which I understand permissible. It can go and butt up next to the easement. His septic plan built for a five-foot easement, not a 10-foot. Our septic lines are 5 feet into the public easement in the back. They can be removed before we can take the violation that you issued to us off the books and therefore not be in disclosure for that.
>> but you have a drainage issue.
>> it is a five-foot drainage issue.
>> when it rains, water accumulates in your yard and could come into your home.
>> it has come within an inch of entering our home. We have one other set of neighbors in the neighborhood that have been supportive and the barlows, that's it. So we had them and some other friends, you know, who have actually called us when major rains are predicted for Travis County and in fact, just this last weekend, we had several sets of friends who called us and said call us day or night if you need us to help you come over and carry things out.
>> the other homes don't have the same problem. Your problem is you're at the bottom of the hill?
>> correct.
>> I'm sorry to interrupt on you, judge. We have problem not just with the drainage, which is from the whole community, we also -- our next house, which is 15102 has a failed septic. To my belief, we get all of the pollutants coming from that house, at least.
>> there is no one that lives in it now, judge, which is the only reason why if it rains you don't have all the fecal matter that now comes off of 15102 which is where the barlows lived. The fact that no one lives in it, they're not in there using their bathroom.
>> I'm sorry to interrupt again. As we speak right now, there is many, many people looking for a cheap deal to buy a house.
>> I understand.
>> and just as yesterday, I had two people into our house and asking, we're thinking of buying this neighbor house. Tell us, we would like to meet you, we would like to be your neighbor. In the future. Obviously, we tell them that you have to contact county and probably get more information on this property. This, I think it is the obligation of county to prevent innocent people buying house, even at so-called nice and wonderful deal, which foreclosed houses can offer potential new buyer in this environment.
>> one last thing that I want to say and I think we have probably covered it as far as we're concerned, is that there is a house that sits right uphill from 1502 it is not inhabited it has never been. It is one of the investor flipper homes that was part of the ponzi scheme that took place out there. I feel very sorry for those people. Our house went up, but those people have been out thousands of dollars and still have unfinished homes. That home is 2700 square feet, it has a smaller disposal field than the one at 1502. Luckily no one lives in that one either. The question arises in the mind, how many of the neighbors have that same situation and just don't know it. And when it rains we still have their matter coming downhill across the barlow's property, across our property, you know, et cetera. So this is why we see it as -- we have racked our brains as to how to come up with a solution to this. As you know and I hope you would attest to the fact that while we sent you a stack of e-mail this high in the last year and a half, Commissioner what is happening, Commissioner we're still here, we're still at the bottom of the hill? What can be done to help us? Is there anything to keep our home from flooding and from us losing everything? And you know, we just have not been able to come up with what we think will eventually be a solution. But we haven't been in front of anybody. We haven't gone to higher elected officials, we haven't been screaming, we did participate in the kbue story but we finally felt it was about the only way we could bring any attention to the dire situation we're in.
>> I could tell you the stories I have with the tnr staff and legal, the reason you're here finally today is because I give up, I can't give you -- as your precinct 3 Commissioner, I cannot solve this problem myself for you. Now, I can sympathize and I can say that it is a travesty that someone doesn't have someone to go to that says how do these things happen? How is it that there are sign-offs on homes where there are issues? Quite frankly, we do, you know, have some -- we have something in this game. Because there were things that took place that if we all had it to do over again, we would have done something very differently. And that is the reason why I said, let's get this before the court. Because when push comes to shove, the court is the entity that has the ability to do something with this. That is where we are.
>> and that is why we agreed to your suggestion. Frankly, the reason why it has taken us so long, another reason why it has taken us so long to get here is because victor and I are fighting with everything we can not to have to put our home in foreclosure and walk away from it. That is not what we have been taught to do. That is not what we want to do. That is not what we think will serve anybody well in this situation. We don't want to do that.
>> let me ask two or three more questions. So where do you get your drinking water?
>> we have filtered purified water that we purify on the inside of our house.
>> is that from lcra.
>> they have a central system.
>> we have a central system.
>> there is not an organized wastewater system nearby?
>> no.
>> to which you can connect?
>> no.
>> okay. So did the developer build out these homes or did the individual homeowners come in and basically design a home for the lot and work with the developer?
>> in our case is we came in, bought the lot -- we didn't know this at the time because we weren't that educated. At the time we came in bought the lot from mike kelly premier homes. Once we bought the lot, he deeded it over to us. Once we deeded over to us we technically became the builder. He was builder, we took one of his regular designs, tweaked it. He came in with his subcontractors, he built the home and finished it. He didn't do that with everybody before he made off with the construction loan. We took out a construction loan, built the house, finished it, we closed, went into the house. On the day we closed on the house, he had two liens against the house that he had to put up legal fees in case he didn't clear them. The title company did have to clear them a year later. There are liens on the entire subdivision that cover the entire subdivision that he didn't pay.
>> okay.
>> anything else?
>> william, you want to close?
>> I would like to say one thing is that I just wanted to clarify. I think you were going to ask the question is that as far as the drainage involved. It is more to it than the issue that they have is just drainage. It is compliance with the Texas water code. Basically mixing storm water, rainwater together. That cannot be accomplished. Even if when you fix the drainage issue, and that all has to do with impervious cover, that is what another issue is. But that issue as far as curtailing the drainage somewhat will not eliminate the problem. It is because, number one, they are in an area where that was overbuilt too many houses to where it is not enough impervious cover. When you don't have enough impervious cover, water will go somewhere. Not only that, their house and the house next to it, you need an expansion for the water to settle to get in the retention pond. A perfect example. In the earlier testimony she was telling you guys that when it was raining the pond -- the retention pond was flooding over and they were making the hole bigger. You know why? Because of the water flow. And that is calculation on the impervious cover from when they initially did this place. So it is not something that is really going to be -- the issue there is not going to be fixed just by having the drainage issues done. You know, it is a water with the Texas water code, rainwater, sewage accident mixed all together. Since she's on the bottom of the hill, she's getting that from the entire block concentrated in there. That water has to go somewhere. Unless you can do something about impervious cover in order to help save the rest of the neighborhood, the bottom line commander in chief is you guys, you have to make a decision that no one ever made upon the engineers told mr. Kelly prior to this, listen, they did their calculations of water flow on impervious cover and calculated, hey, listen, you got to get rid of something. There is nowhere for the water to go. Not only that, you have minimum lots that are making the 1500 standard. In my particular case, the engineer, the don't want to have anything to do with this no more.
>> how many lots out there having the same problems that the two of y'all had?
>> that is a good question?
>> the only thing I'm speaking of is my particular issue?
>> I'm just asking? Is this a neighborhoodwide problem or a problem for two particular lots?
>> judge --
>> I personally -- I know Commissioner Daugherty, you told us that an outside engineer has been hired and it has been looked at resurveyed, everything is looked at and a plan has been come up with that they think will help redirect the water out to the streets as they go down the right size culvert side and as I understand it behind lariat trail the possibility of putting french drains that will maybe help pull the water down into --
>> have the other residents come to y'all and said we have the same problems?
>> no residents ever talk to us about anything.
>> are there vacant lots out there? There are one or two completely vacant lots.
>> I understand what y'all are saying about those two lots. But it seems to me there is a fix. Or there is not a fix. It ought to be easy for us to get that answer from staff real soon and the answer to a legal question.
>> maybe for the community, I don't know about our property.
>> I read all the e-mails we got from you and I appreciate the information sent to us today. We need to get with staff and figure out what to do. Frankly, I think you are looking at not in response to today's meeting but probably after next Tuesday. I'm sure we will give directions to staff about specific stuff. It will take them probably a few days to do it. But the next time for us to legally get together is at the meeting next Tuesday, whenever there is more than two of us. There has to be a formal meeting like this. After next Tuesday's meeting we ought to be able to share specific information with you.
>> they will be gone next Tuesday. I told them we would try to have them some sort of response two weeks from today. They won't be here next week.
>> we will post your item separately. The county attorney advised me yesterday, mr. Barlow can come and speak about their claim as much as he wants to, but on his it has to be separately posted. It is true.
>> I understand that. That is why I didn't get into my situation. I was just assisting my neighbor from what I know. I just want to tell you guys that the reason I spent two years trying to figure out this whole thing. It hasn't been easy. I'm just a common guy and I'm threw into something whereabout I'm trying to figure out what federal agencies are trying to figure out. It was very difficult for me. I understand exactly what was going on in this whole thing. So therefore, I'm not trying to make this a litigant's issue and don't want to. Only thing we want to do is move on with our life and that the county find something to whereabout they can see what was going on without getting into any kind of issue and say let us move on and get on with our life. That is all we want to do. I want to say one further thick. If you look at the individuals and mr. Daugherty contested to this. The other individuals in that subdivision is that, sure, they're capitalizing off the misfortune of us by getting tax breaks and this, that, and the other. How many are down here now? They're not. Because we're the ones that have got the issue. We're the ones that are downhill. It is a funny thing. I'm ex-military 10 years. What we used to say in the military, crap runs downhill. That is literally where it is right now.
>> you know what I mean?
>> you described yourself as a common guy looking at this complicated issue. But for a common guy you hit the nail on the head. This is a suburban density with rarely authorities.
>> the city of Austin recognized this issue. They addressed it. The city addressed a draft of the (inaudible) itself. For these county issues whereabout you have subdivisions that was done 30, 40 years ago, and where the designers and fathers looked at they were looking at 12, 1300 foot houses and now talking about because of profit-wise as to which more profit to a builder 1200 square foot house or 3,000 square foot house. The city knows that and even the city recognized that.
>> but they have authorities that we don't have.
>> right.
>> that is where I am getting to the ideas that we have rural authorities when we are dealing with suburban-type densities.
>> right. I'm just going to say this and then I won't say anything else. When this whole thing was created, okay, that plan is for michael kelly saying hey, listen, I want to develop this area in cardinal hills. He took that plan and engineers. A master plan was given to the city. That plan then once the city blessed it, they gave it to the county to implement as far as permitting and all the rest of this. Now if you go back to the main plot that was given to the city, is that all these issues are addressed. The 1970 drainage that was already there, that is something that didn't just come up. That was part of the original plan. You know, like I said, I have a lot of respect for mr. Daugherty, but I want to be honest, it is not him, but the bottom line is that unfortunately the people didn't do their job. Because all --
>> hang on. I know you are fixing to get on a roll.
>> okay. I'm sorry.
>> I want you on the roll when you agendaize the item.
>> mr. Daugherty I want to say this is what I am saying this and judge is that this all roads lead back to rome. The only thing I'm saying is that if the county had not signed off on any of the permits we would not be here today. Bottom line. And I'll rest my case.
>> thank you for listening.
>> thank you, we will get back with y'all. Let's have two weeks, you will be gone next week.
>> mr. Daugherty, I want to say, I love you, sir.
>> thank you, william.
>> thank y'all very much.
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:
Tuesday, September 16, 2008 6:52 PM