This is the official website of Travis County, Texas.

Commissioners Court

Previous Years' Agendas

Intergovernmental Relations Office

Administrative Ops

Health & Human Svcs

Criminal_Justice

Planning & Budget

Transportation & Natural Resources
 

Travis County Commissioners Court

April 7, 2009,
Item 33

View captioned video.

I haven't gotten consent, but let's pull up item 33 is to receive briefing from county attorney and take appropriate action regarding mountain view, we will get that in executive session as allowed bylaw, but let's hear the following residents who have come down on this item.
rob surratt.
you know who you are.
if you have an order determined already we will respect that.
otherwise I can -- please come forward.

>> I will speak first.

>> okay.

>>

>> [inaudible - no mic]

>> while I'm speaking could you pass out those forms I gave you earlier, let people look at them.

>> if you would give us your full name.

>> my name is rob surratt, I am a live performance audio engineer and sound designer here in Austin since 1976.
i have lived in mountain view since 1976.
i'm here to speak about the improvements that have been going on over there.
in '86 I went to work for remax Lake Travis as a consultant for the real estate agents that work there to give them correct information about rules and regulations about county and city rules.
and septic systems and whatnot that came through the office.
in '03 I handed my files on to mountain view subdivisions which I have been researching for years trying to find out what was going on with all of that property that was off the tax rolls at the time.
when mr.

>> [indiscernible] came through the neighborhood I handed him my files, said if he had any inclination to start buying this stuff to contact me and I would help him do this.
since then, since 2003 that's exactly what he's been doing.
buying up that property, putting that property back up on the tax rolls and trying to get permission to go ahead and do what he needs to do in there to make it a viable community.
when we started cleaning up, as you can see, he spent over $200,000 just taking trash out of there.
and I mean when I mean trash, it was waist high.
i stopped counting the cars that he towed out of there at 65.
we had to bring in a crusher, take the engines out, dispose of those cars properly.
taking down mobile homes that were abandoned, running out all of the scatters, dealer, meth labs, dealers were all run out of there.
i've had three heart attacks since I have lived down in there and I have never been able to get an ambulance or an e.m.s.
to come down and get me in the middle of heart attacks I've had to make my way up to the highway.
to get service.
because the ambulance can't get down in there.
the quality of life since mr.
roziki has been in there has improved greatly for everybody that lives in this neighborhood.
the pictures speak for themselves.
i would hope the Commissioner would look into the reasons why he's been shut down and cannot continue the improvements that he's been doing in there and get back to bringing that property back on to the tax rolls.
i think that's about all that I have to say.
please look into this.
i mean, those pictures speak for themselves, I wish that we had after pictures but we just neglected to get them.
thanks for your time.

>> thank you.

>> we have six seats available if you are on the mountain view item, please come forward at this time and give us your name and then your comments.

>> good morning,.

>> good morning.

>> my name is billy kelly.
i have just recently purchased a lot from mr.
roziki on oklahoma street, the address is 15107, there has been no improvements done on this road.
none at all, not even by mr.
roziki and I'm not allowed to get electricity, I'm not real happy about this.
i'm trying to build a house there.
i'm wanting to move there, I bought a lot now that I can't build on it's been red tagged the whole area has been red tagged.
i have lived in this area since the early '90s and I can testify what kind of trash was in that area, what's being cleaned up in that area.
i know for a fact that the county has never done a thing to take care of those roads.
those roads were cut in the 40s, they have never been maintained since then.
the roads aren't being built just maintained.
that's all that's being done.
there's improvements being done that hasn't been done ever.
that area has been a waste land, it has been nothing but just waste, batteries, cars, trash, and the gentleman before me spoke there's so many drugs in there it's pathetic.
for such a nice area on the other side of 620 you have Lake Travis, you have Lakeway, you have all of these nice neighborhoods and for the county to allow this to happen for so long and to do nothing about it, then you have someone coming in and trying to do something to improve these properties is -- it's very appalling, actually, but for the fact that I bought a lot I can't even get electricity on, no improvements on the road, none, I'm red tagged.
this whole area is red tagged because of this.
this is a -- it's ridiculous and that's all that I have to say, I'm a little bit upset over it.
i would like to allow it to keep improving for what he's done.
i don't think I've seen one person in there that has said a negative thing about the improvements that have been done there.
that is it.

>> thank you mr.
kelly.
are these county roads, joe?

>> substandard road not county roads.

>> these are private roads, not county roads.
by the way, this topic is new to me.
Commissioner Huber may know about it, but when I saw it under executive session, I'm seeing it for the first time.

>> next.

>> Karen

>> [indiscernible] I've had the distinct pleasure to live and work in the Lake Travis area for the last 14 years.
i'm a real estate broker and our office is located in front of the mountain view subdivision.
i became acquainted with the mountain view area about seven years ago when my husband bought a lot in the neighborhood.
i was not really too happy about it because the lot was very trashy and it seemed like a less than desirable area with prevalent drug activity.
i was genuinely afraid to go there.
fast forward to the present day, mountain view has experienced a turn around.
a lot of neighborhood has been cleaned up, the drug element is non-existent and an unlikely neighbor has moved in, whitestone church.
this little valley between Lake Travis and lake Austin is actually quite beautiful.
for the last four years my husband has worked with Travis County and the city of Austin to obtain a permit for road construction.
he has submitted engineering plans four times for review and spent thousands of dollars.
the process has been extremely slow and exhausting.
for example, eduardo acosta with the watershed protection agency was appointed to be in charge of our case.
he would never call us back, never return our e-mails and in the spring of 2008 when we had set up a key meeting with the t.n.r.
office theresa and anna bolin attended as well as our two engineers, eduardo came late and missed the meeting entirely.
this was par for the course.
i cannot tell you how many times we have been promised a response from the t.n.r.
office only to be waiting by the phone with several days delay if not weeks and once we did receive the response the report was riddled with stringent standards that were simply not cost effective.
it has been also perplexing to realize that our neighborhood apache shores does not have to follow the process.
it clearly states on their website they opted not to go through the permitting process because it is too costly and for years built and maintained roads through their hoa.
mountain view has been made to go through the exhaustive and costly permitting process to no avail.
not only does the apache shores get a bye, it appears the county does, too.
the county recently built two roads in the mountain view area that do not resemble the rigorous standards that are suggesting for mountain view.
for example the road on Texas street is dangerously narrow, had you turn right you naturally pull out into oncoming traffic on san antonio.
why is this fair?
how does this make any sense, why is mountain view being treated differently?
the standard response from the county and the city has always been under the general theme we have to police you for the safety of the people.
i appreciate that and I want my Travis County neighborhoods to be safe.
but I assure you what was prevalent in mountain view just a few years ago was not safe.
we are people that want to bring good change to the area and it seems all the county wants to do is stop us in the name of rules and regulations.
it almost seems like the solution is really the problem.
there have not been any issues with the road that was constructed in mountain view almost one year ago.
the mountain view hoa is taking full responsibility in maintaining the roads.
we are absolving the county and city of all culpability.
the mountain view subdivision is a deserving neighborhood, they have the right to receive the same services that their surrounding areas enjoy.
since 1946 when this neighborhood was platted the taxpayers have paid taxes, roads, water lines and electrical services.
up until last year these services did not exist and a large part of the neighborhood they still do not exist.
why is this fair?
it is disappointing to me, Austin is such a great city, I would expect the county and city to help clean up neighborhoods like mountain view.
instead they dog down the very people that are trying to make a difference.
i want to clearly state that my husband and myself as property owners of several lots in the subdivision truly care about the neighborhood and want it to thrive.
we have removed a lot of the trash brought in electrical and water service, built six affordable homes that have many green features, many green features, three of these homes, which will provide the county thousands of tax dollars for the future.
for the life of me, I cannot figure out why the principalities cannot figure this out and work with us.
this process should make sense, it should be fair and logical, it should be professional and cost effective.
in these economic times, taxpayers expect the government to be operated in an efficient responsible manner and encourage people to create friendly neighborhoods.
i have to believe there is a solution, one that does make sense and is good for the mountain view area.
my hope is that this can be resolved quickly and create a win-win scenario for everyone.
thank you for meeting with us.

>> thank you.

>> what's the name of that county road that you referenced?

>> it is Texas street.

>> okay.
yes, sir?

>> my name is richard brown.
i'm a contractor in the Lakeway area.
and I'm in the process of constructioning the whitestone church on double dome road.
we went through a process of permitting that -- I've been a contractor my whole life, I have never gone through that sort of a process and thanks to the election of ms.
Huber, I think that the thing turned around very rapidly in that general area.
i expect that it's going to continue to improve with y'all's help.
i do think that the -- the improvements that have gone on that -- that this lady and her husband have done have made a marked difference in the usability of drugs and the availability of drugs in that general area and as she was saying and the gentleman before her, there is no response capability out there.
the police department, sheriff's department, won't even go out there.
they just choose not to get involved.
now that we are building the church and the area is cleaning up and things are progressing somewhat, people are starting to look at the neighborhood with -- with a good eye and they seem to have a quality -- I guess blessings would be the best way to put it.
if the county will allow the citizens to -- to go forward with their own work.
the county will enjoy a great prosperity from the benefits of that general area.
that's all that I have to say.

>> thank you, mr.
brown, are there others who would like to give comments today?
then if you have spoken, we need your chair.

>> yes, sir.

>> I'm james durham, pastor of the whitestone church.
we have been working in that area since about March of 2007.
just in time from the March 2007 from the -- appropriate there's been a marked improvement in the area as a result of the rozikis.
i have observed them purchasing a dilapidated run down buildings and trailers and cleaning those out and really making it a nice and pleasant neighborhood.
they in fact took over a run down aging cemetery there that was really being neglected, cleaned it up and made it a viable, beautiful location for people to use.
we have since purchased that cemetery from them, continued to do that, trying to improve the quality of care in that whole community.
i've met with them many, many times and I would like to just assure you that everything that they are trying to do is with respect, with honor.
they respect and honor everyone in this system.
i have repeatedly talked with them about it, they are doing their very best to cooperate with all of the agencies involved and to make this really a family friendly area.
and they have done that and in some very remarkable ways that I really appreciate.
i think that they are making changes that are really positive for Travis County.
and for the city of Austin.
and I believe that it's really a win-win situation to allow them to continue with that project of improving that community.
and so I would just like to go on record saying how much we really appreciate them, what they are trying to do and the heart and spirit that they have.
i heard earlier a defense for the family farms and I can resonate with that, having grown up in the farming communities.
but I also have a heart for small businesses.
i think this is a small business, a small development organization.
in these economic times it's a challenge to continue and to have the resources to continue to work and delaying and holding back a project like this is very, very lostly, even to the point of possibly bringing about the end of their business.
i just am in favor of protecting the small businesses that are the heart and backbone of america and I think that we would -- we would serve that purpose as well by supporting them in the project they are trying to do.
so I thank you for having this opportunity to speak to you today.

>> thank you.

>> for the other speakers, I guess it would help me to know exactly what you are asking for today.
i understand you are wanting our support generally.
we easily give that.
but if there's something specific that you are asking of the court, it would help us to hear that, yes, sir.

>>

>> [indiscernible] I built a home in 2005 in mountain view.
just out of sheer luck, I got loan money, construction loan, I had good credit, I had a lot of lots.
i had 11 lots at that time in mountain view.
i think they have done a really good job, you know, I mean it's -- maybe not quite as good as you would see in steiner ranch but then mountain view was never a steiner ranch, it was always a vacation community.
from the early times it was basically for people to come to Lake Travis and enjoy the lake, possibly stay overnight on -- a lot that they owned or rented and go home the next week.
i don't think it was -- the original owners who were political, I think they were where that family that owned silver mines up there in dallas, I can't their names right now.
yeah.
had he a vision, I had similar vision, I designed my own home, built a home in 2005.
first time at that.
i never tried to do anything like that anywhere.
turned out very nice.
so I was happy to see the improvements because it's hard to get loan money, hard to get conventional loans, banks won't work with you.
nobody is living on lots alone, hard to get anything done.
with no improvements it's next to impossible.
if not completely impossible.
nobody will even talk to you.
the improvements were needed.
they were very welcome in the community and the community didn't have anything like that.
certainly not going to set the county back at all because if they were going another 10 years putting those roads on the list, carrying improvements on the list, for roads -- well, in that 10 years there would have been a great depreciation if the roads were left just in the type of condition that they were already in.
but they have been upgraded and fixed.
their driveway, get flat tires all of the time driving on those roads.
i don't ever get flat tires anymore.

>> your name?

>> kenneth bonds.

>> mr.
bonds.
okay.

>> judge Biscoe, in response to your question to frame the issue, I think I'll go next.
i know mr.
roziki wants to speak.

>> could I -- get my --

>> sure.

>> short speech over.
i toured the area in the last couple of days with my wife and Karen.

>> your name, please.

>> my name is ed miller.
and -- I belong to the whitestone church.
several things are clear about the situation.
the raw land is very rocky has a lot of character with many home sites with great views.
this does not lend itself to putting in all of the roads first.
it seems better to pick smaller areas and pay as you go.
which is what they are doing.
the roads may be the biggest challenge.
after I retired from engineering and moved to the Lakeway to be near my grandchildren I worked a while delivering pizza so I could learn the area and it was fun.
this was four to five years ago, at that time you could find all levels of roads.
it is very tough job to find and to fund and put into -- put in and maintain roads in hilly undeveloped rocky areas.
many really nice homes are still waiting and hoping the quality of their roads will catch up to the homes.
examples include breaks buttons

>> [indiscernible] trail, running do, crazy horse, hunters pass and of course the oklahoma, Texas, houston, san antonio area where

>> [indiscernible] are.
some roads I drove on when I was delivering pizza turned into motorcycle trails, others literally needed a four wheel drive which I did not have.
i would think the county needs all the help they can get with the roads.
it is good -- with -- it is good when developers are able to do the roads.
the team of developers, homeowners and county government need to share in the establishment and maintenance of these roads.
this requires the parties who have vision.
and are ready to buy in.
for example, the two men who bought the first two houses on the most recent string of four homes which was finished they had to be ready to live, to use a very rough road for a long time.
i'm sure they are very pleased to have such a pretty road now and a driveway and good landscaping right up to their house.
which is the road that bloto

>> [ phonetic ] built.
they go the extra mile.
he builds interesting, classy new houses that are affordable, also he presents the views, he preserves the views.
wherever he touches, whatever he touches, be it fences to cover temporary eyesores, roads, restore old structures for rental or new homes the results are turning out good.
you should go and see them.
he does not alienate those who live in the area.
he knows his neighbors and works with them, motivating them to upgrade, improve and get unstuck from the often junkie status quo that existed there.
they have committed to grow the area for the long hall.
it is no longer scary to spend time there as it once was.
i saw he has proven himself.
because the -- reliability and quality of his work is no longer an unknown.
it is time for there to be an ease, a mutual respect in the relationship of the county and city government with the developer and fine owner of the developed property.
they are so frustrated.
years and years of trying to do, over four years, no answers on a lot of their attempts to get -- okay.
all three must agree to find affordable ways to get the jobs done.
turning this raw rough area into a charming, beautiful part of the hill country that all who see it would be proud to live in it is a good thing.

>> thank you, mr.
miller.

>> now, judge Biscoe, members of the Commissioners court, my name is terry arean, I'm here representing nicholas peter inc.
the corporation owned by vlado and Karen roziki.
i am also representing mountain view Austin property owners association.
a -- a not for profit corporation that is a voluntary -- the members of this corporation -- member owned corporation are the folks who have bought lots out there, voluntarily agreed to deed restrict themselves to assess themselves for the maintenance of the streets, that have been improved in -- in mountain view.
mountain view is a county subdivision.
it is a 1946 platted, approved and recorded subdivision, before the city of Austin e.t.j.
extended out there the city was not involved in this at all.
the county did not require fiscal back then before they approved and recorded a plat.
the developer never put any of the infrastructure information the streets were rough cut.
these streets as joe said they have not been accepted by the county for maintenance.
they are platted, dedicated public streets that have not been accepted by the county.
they are rough cut.

>> not public.
they are still the --

>> they have not been accepted by the public.
they have been dedicated to the public, but --

>> just clarifying.
you can't call it a public street if it hasn't been --

>> I didn't call it a public street.
i said it was dedicated to the public, the dedication is irrevocable bylaw.
they have not been accepted and so there is no -- no street maintenance out there by the county.
the point that I'm trying to make is the rozikis and these other ladies and gentlemen here that have taken a chance on mountain view, they are -- they are improving these streets on their own.
they are maintaining them on their own.
and they are just asking for a little cooperation or less interference with what they are doing because they have been doing a good job as the pastor said, they have done a tremendous job of cleaning up the trash, cleaning up the drugs and the -- and the illegal activity that has gone on out there in the past.
what brings us here this morning is after the -- the city of Austin by the way has acknowledged that this subdivision has vested rights under chapter 245, the 1704 bill, related back to 1946, which is an acknowledgment that the city's rules and regulations don't apply.
it's only the county regulations that apply.
never the less they have issued stop work orders and they have directed that Austin energy stop issuing electric meters.
in order to respond to that, we are asking that the county under chapter 232, section 232.076 of the local government code issue a certificate saying whether or not this is approved platted subdivision or not.
once that certificate is issued, we can deliver that certificate to Austin energy, and demand that they start issuing electric meters again.
in the area that they have improved and now being maintained by the mountain view property owners association, compacted base has been put in the street, water district 17 has put in water lines.
the only fire hydrants in this subdivision are in the area that has been improved in the last few years by the rusikas.
there's over 300 lots in this subdivision.
rusikas now own approximately 80, they have sold some to people who are living there.
folks that you see here represent probably 1/4th of the lots in mountain view subdivision.
but they are trying to push back the frontiers of the wild, wild west out there.
what we are asking under the state law is that you issue this certificate first order of business is to get electric meters issued to folks that, you know, haven't even -- like this gentleman here, he's done nothing.
he's not turned a blade of dirt out there and suddenly he got caught up in this.
he owns a lot in a legally platted subdivision and Austin energy is saying we think we are supposed to deny you an electric meter.
well, we need that certificate to we can work that out.
we would also like to partner with the county.
we think that you have got some very willing partners out here who have a stake in this subdivision who want to help you clean this up.
and we -- we would like your cooperation.
we think that the apache shores model may be a good model where the apache shores property owners association has been improving streets without site development permits and the lengthy cumbersome process that you have to go through with the city.
we would like a partnership with the county as well.
i will be happy to answer any questions that you may have.

>> can I ask a couple of questions?

>> sure.

>> this -- I'm just getting up to speed on this.
so mountain view division is within the city of Austin's cits e.t.j., correct?

>> it is now.

>> it was platted in 1946.
is the plan to continue with that plat?

>> yes.
the Commissioner -- Commissioner, there are probably 70, 80 different lot owners of lots in that subdivision.
it's never going to be reassembled to where it could be redeveloped or replatted.
the ownership is too diffuse.

>> how many lots were originally platted.

>> approximately 300.
a little over 300.

>> are the -- are the lots going to remain as they were originally platted?

>> yes.

>> same size, same street construction, same plan entirely?

>> yes.

>>

>> all right.
i need to do some more homework on this.

>> we would invite you to come out.
i know that we have extended an invitation to Commissioner Huber to come out.
we will give her a tour of the subdivision, the streets that are improved, the streets that are -- that aren't.

>> if the subdivision were legally platted in 1946, why isn't documentation of that sufficient for the city of Austin?

>> > well, that's a good question.

>> it's very, very difficult communicating with the city of Austin and getting anywhere.
we -- we -- I've been involved in this since what, November of last year.
we've had many, many meetings with the city.
we got a letter, I got a letter addressed to me several weeks ago saying we acknowledge that you have done a really good job of improving mountain view subdivision, but we're going to red tag you again.
and they claim they are going to red tag us because of all of the title 30 of the city code which allows for single office, an office that's been in effect for about six years.
they say that at the same time they are acknowledging that this is a -- this is a -- vested subdivision that goes back to 1946.
when they had no jurisdiction.
so it's -- it's a little difficult understanding what the city's legal position is.

>> according to their stop work order, at least the one that I have, their position is failure to obtain an approved subdivision construction plan, failure to provide adequate erosion and sedimentation controls and using or occupying improvements without a certificate of compliance.

>> correct.
and may I address those?
first of all, the -- the erosion control issuings back to some filling in of the ruts in the jeep trails back in 2005.
i don't know what stabilization they want of that from 2009.
it was caliche filling in ruts.
the failure to obtain an approved site plan, the site plan -- the site plan has been submitted four times.
the city is very ambivalent about what rules and regulations apply.
they acknowledge its vested to 1946, yet they try to impose 2009 rules.
and -- and, you know --

>> a lot has changed since 1946.
and there's --

>> you know what --

>> in some cases there's good reason hopefully good reasons for that.

>> Commissioner, most of the change in the last 63 years has occurred since 2005.
and all of that change has been for the good.
and it has been done without any public dollars.
that's why we're saying we want you to help us not continue to obstruct what -- the work that these folks have been doing.

>> let's hear the other speakers, this is on the agenda today I guess joe to bring the court up to speed on the issues, on the outstanding issues.
and -- and I assume you all want us to facilitate compliance with the policies to the extent that we can.

>> yes, sir.

>> because if the county has policies in place, one of the question is whether the 46 policies or 2009 policies apply.
secondly, though, if we have policies, then we also have an obligation to apply them across the board.
but to the extent that we can be helpful and assist, then I would think that we would want to do that.
and -- and based on the conversations so far, I do know that our lawyers will have an impressive presentation this afternoon.
now, if we -- to communicate with somebody later today or tomorrow, do we -- do we -- mr.
aerian.

>> four more.

>> my name is vlado rusika, I'm the guy, I guess.
this is a -- this is an area where I think that we need the leaders to have an overall view of the situation except for just you condition just look at rule 201 that deems that we have to have this and that retaining wall to do, but you have to have the overall perspective is this helping the community?
i know that the county has a cdbg program which you probably are aware, community development block grant initiative, they give money to substandard communities like ours.
ours is listed in one of the low income areas in that area.
some of the goals that cdbg what are infrastructure for new housing development, street and road improvements, production of new owner housing, owner occupied housing rehab, water and sewer improvements and others.
well, I think that we can solve all of those problems basically right now and all by ourselves.
we need some help with the -- with the county so they can allow us to do these things.
they would benefit low to moderate income and address slum or blighted areas and this is an urgent need by the way because the county and the city now allow everybody to live in the subdivision, they will give a basic development permit and a septic permit, but then they don't have any plans to fix the roads.
and as you'll see later, a lot of these roads are totally impassable.
completely impassable.
what we are trying to do originally is make it passible, make it better.
we have gone out of our way in areas bringing in water lines and underground electric, which is very expensive and I didn't -- I don't like the poles.
and water lines I guess are important for everybody.
we have gone ahead.
even the lots that we don't own, we go ahead and give infrastructure to for free of charge.
it's important to have water lines in the community so in case there's a fire there's -- there's been several houses over there that have burned to the ground because e.m.s.
can't even get into the community.
so -- so it would be so easy for the county to go in there with their large equipment and just simply grade our subdivision out or do something to help.
but as you see from the pictures, from 1946, that's about as much as the county has helped.
like zero, we have made repeated phone calls, trash, toxic waste and things to clean up, nobody has ever wanted to help.
nobody ever wanted to come down into the subdivision to look.
question decided as the newly found homeowners group have the right to maintain our own roads and subdivision.
we are not asking for public funds to build these roads.
we are not asking for anything from the government.
we are simply asking that we can pay for them, we maintain them, we put them in our deed restrictions for everybody who buys a home there in the future will know that they are going to be responsible for the maintenance of the road.
anybody that sees these, 100% would agree that's much, much safer.
we just don't believe in the county rhetoric basically that we have created a substandard subdivision, which is what they have claimed.
my claim is that we have not created this.
we have created this in 1946 by abuse this was never addressed.
so we come along and try to get everybody involved and try to clean up our own situation, trying to pull ourselves up by our own bootstraps.
we are not asking for anybody's help.
we are asking that we be allowed to have some improvements in our community.
water lines, roads, I'm sure that everybody here up there has a water line and a road in front of their house.
i'm willing to bring it in for everybody in the whole subdivision and we are willing to do it in a safe manner.
similar to apache shores, we keep bringing that up because it's an exact situation.
apache shores is allowed to do this because the road are already cut in, they say.
we have roads that are already cut in, but we cannot have our hoa do it because everybody kind of sees me I guess as the guy who -- who wants it all for himself or such.
but this is a true community redevelopment thing going on.
even the county wants these improvements.
the county and city has admitted that they are better.
and they also admit that the -- to be built feasiblely, it's not feasible to build the plans.
this plan costs me $70,000, basically I might as well throw it away, bus it's unfeasible.
i go into the technical explanation at some other time.
but we have been turned down four separate times.
over a three-year period.
we had it up to here with that kind of thing.
we figured that apache shores gets to do theirs, what could it hurt, let's help everybody, let's do this thing.
so -- so if we could just meet with the -- the powers that be at the county and to have -- have maybe a little bit more flexibility in what we can and cannot do.
recently even as soon as last week the entire subdivision got red tagged.
basically they are not allowing anybody to live there now from what the letter says.
this was the city of Austin one stop shop.
so the city and county don't communicate with the one stop shop as well.
also my point is if that if we are to build according to county standards in this subdivision, why doesn't the county build according to county standards?
they built Texas street 17 feet wide, that's the street where school buses go down.
and san antonio street is another road that they maintain and the drainage goes across the street.
that's not -- that's not any kind of code that I know: if you ask the county about that, they will say well they didn't have enough money.
well, I bet you if somebody in westlake wanted it they would have enough money.
but we are a poor subdivision, we need a little bit more help.

>> westlake is the city.

>> all right.

>> I want to make that distinction.

>> all right.
let's say in a different part.
they themselves lay down the asphalt with no regards to any kind of engineering whatsoever.
that's all that I have to say, I appreciate you guys listening.

>> my name is james shirley.
i work

>> [indiscernible] I'm a construction hand.
a real simple man.
so I have a simple question.
are you all working with us or working against us?

>> we are working with you.

>> that's not -- then the next question is, can you all figure out someone to mediate between the subdivision and the city because apparently the city seems to be working against us.

>> we'll do what we can.

>> thank you.

>> this is new to the court.
now, not to promise miracles, but we will help if we can.

>> I have one more thing.
the city doesn't seem to be responsible for anything out there.
but they -- they want to have you jump through hoops to -- to do permits and they fined mr.
rusika because they did not approve his permit.
isn't there someone that -- that if you are -- if you apply a permit can go well you need to do this and this and this to make your permit acceptable.
instead of just stamping reject on it.

>> so that hasn't been done?

>> no.
from -- not from what I understand, you know, but like I said, I'm a hand.

>> okay.
we have staff back there taking notes, I'm sure they will address that this afternoon when we discuss this with our lawyers.
yes, sir?

>> don keeton, I live on oklahoma street.
i have a few lots out there.
since vlado has came in, yeah, the community has changed.
he's got roads on part of the development over there.
but not all of it.
i live on the part in a doesn't and, you know, it is impassable sometimes.
you do have to have a four wheel drive to get in there.
i have been in there since 1998, 1999, yeah, you had to a v a four wheel drive.
you do maintain our own roads we get tired of tearing up our vehicles to get in there and stuff.
he has done a tremendous job out there.
cleaning the community up and I'm raising a family there and I'm not ashamed of it.
when I first moved out there, I was ashamed of it, I didn't want my parents to even come over because there was so much trash around but it was reasonable priced at the time that I could afford it.
and I'm there today and I'm with him.
i'm behind him 100%.
please allow us to continue on to develop our subdivision.

>> okay.
anybody who has not had a chance to give comments today?
all right.
the picture that we were shown earlier were taken when?

>> probably taken, I would like to have them back.
2003.

>> out there today is dramatically different than --

>> dramatic.

>> [multiple voices]

>> beyond comprehension the change that's gone down.

>> okay.
now, this item is posted for an executive session discussion, we will go into executive session probably this afternoon.
my guess is around 2:00 to 2:30.
lately we have been in there a couple three hours.
so that means that it will be late in the day before we come out.
whatever action we take must be taken in open court.
our discussion on you are lawyers can take place in executive session, but any action has to be in open court.
so I do see us taking some action today.
what I can't say at this time.
but we can certainly notify y'all.
we will notify mr.
aerian and he will pass the word.

>> thank you very much.

>> thank you all.

>> thanks.


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, April 7, 2009 2:03 PM