ORDER NO. 2789E AP'P'ROVAL OF ROAD AND BRIDGE DEPARTMENT TO ACDUIRE CONSTRUCTION EASEMENTS, PROCEED WITH TCDP' GRANT, SE7 F'URLIC HEARING RND SIGN COMPLETED TCDP GRANT RND F'URLICATION FOR TCDP GRANT RPF'LICflTION On this the 9th day of December, 2f~@2, upon motion made by Commissioner Williams, seconded by Cammissioner^ Let z, the Co~_irt unanimously approved by a vote of k-Q~-~, to a~_ithorize the Road and Bridge Department to acquire construction easements to work on private pr^oper^ty, and to a~_ithor-ize N.er^r' County Road and Bridge to proceed with the T. C. D. P. grant they started, and to approve p~_i6lication and set public hearing for' T. C. D. P. grant application as r^equir-e d, set on December 1E, 2502 at 9 R.M. in the Commissioner^s' Co~_irtr•oom and authorize the Co~_inty Judge to sign the completed T. C. D. P. Final application, and to approve publication of the T. C. D. F'. gr-ant application including posting and mailing. COMMISSIONERS' COURT AGENDA REQUEST ~~ ;' ~~ ~~ ~" PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston. P.E. OFFICE: Road & Bridge MEETING DATE: December 9, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider the followine: Authorize Ken County Road & Bridge to acquire construction easements to work on private property; 2. Authorize Ken County Road & Bridge to proceed with TCDP Grant; 3. Approve publication and set public hearing for TCDP Grant application; 4. Authorize County Judge to sign completed TCDP fmal application; 5. Approve publication for TCDP Grant application posting and mailing; EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) 1VAME OF PERSON ADDRESSING THE COURT: Franklin Johnston, P.E.f~,iEa,vaav Jda,n~ Jr _ ESTIMATED LENGTH OF PRESENTATION: mutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds your request being addressed at the eazliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. Franklin Johnston, P.E. County EnBneer Kerr Couuty Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 Telephone:830-257-2993 [,eonazd Odom, Jr. Road Administrator Truby }[ardin, Coordinator Iva Gass, Secretary TO: COMMISSIONERS COURT FROM: FRANKLIN JOHNSTON, P.E. LEONARD ODOM, JR. DATE: December 2, 2002 RE: JULY 2002 FLOOD FAX: 830-896-8481 Email kcroads@ktc.com There are several items that need to be addressed before we can complete the clean-up work from the July 2002 flood. The attached letter from Natural Resources Conservation Services (MRCS) shows six (6) sites. Some of these sites are partially on the mad right of way and partially on private property. a. Turtle Creek (Turner Lane Crossing) b. CP River RD (Guazd Rails) c. Center Point River Road @ Bowlin (Cabins) d. Center Point Dam e. Hermann Sons Road @ Bridge f. Center Point River Rd at the Springs These aze not FEMA approved sites but we have preliminary approval from NRCS for 75% funding to repair these sites. However, Kerr County is expected to provide equipment and Labor. Should Kerr County Road & Bridge use County equipment and/or funds to work on the private property portion of these projects, which aze predominately reimbursed by NRCS? If so, will the Commissioners' Court authorize Road & Bridge to obtain construction easements across the private property portion of the projects listed above, as well as work on this construction easement to make the flood damage repairs. 2. On August 12, 2002 you signed the attached resolution to submit to the Office of Rural Community Affairs (ORCA) for up to $350,000 grant funds to carry out projects. When we first contacted Gus Garcia, we were told that we would need final numbers from both FEMA and NRCS before filing with them. a. October 21, 2002 -FEMA final numbers arrived. FEMA approved projects totaled $338,761.60 The first check from FEMA arrived on Oct. 29, 2002, and we have received all payments for a total of $261,862.72. b. October 24, 2002 -NRCS preliminazy numbers arrived. NRCS approved 5 sites at $86,000 One (1) site between $50,000 to $65,000 The NRCS representative should be in Kerr County December 18, 2002, to let us know how we proceed. c. October 28, 2002 - We tried to contact ORCA to start work on the grant we believed would be 25% of all funds approved by FEMA and NRCS. Gus Garcia informed us this was not the case. We are now putting together information to submit a grant from ORCA for $80,445.27. This will include all NRCS and unfmished FEMA sites. Site FEMA Fed Share ORCA Wallace Creek Mud Slide Lane Valley Sutherland Lane Camp Verde .- Silver Creek Turner Lane Ehn Pass II Spanish Oak Witt Road Wilson Creek Kensing Spur 100 Crossing (Yard) Hermann Sons (approaches) Herrnann Sons Rd (crossings) Walk Bridge in Pazk Approved 11,264.00 16.708.40 12,964.00 5,944.00 20,343.00 7,639.63 33,514.00 2,958.00 7,040.00 3,479.40 7,567.00 2,574.00 2,162.40 27,391.25 9,232.00 8,448.00 12.531.30 9,723.00 4,458.00 15,257.25 5,729.72 25,135.50 2,218.50 5,280.00 2,609.55 5,675.25 1,960.50 1,621.80 29,543.44 6,924.00 Reguest 2,816.00 4,177.10 3,241.00 1,486.00 5,085.75 1,909.91 8,378.50 739.50 1,760.00 869.85 1,891.75 643.50 540.60 6,847.81 2308.00 NRCS Approved Turtle Creek (Turner Lane Crossing} 7,000.00 CP River Rd (Guardrails) 6,000.00 C P River Rd @ Bowfin (Cabins) 8,000.00 CP Dam 25,000.00 Hermann Sons Rd @ Bridge 40,000.00 C P River Rd at the Springs 65,000.00 TOTAL To be submitted for TCDP GRANT NRCS Share 5,250.00 4,500.00 6,000.00 18,750.00 30,000.00 48,750.00 $42,695.27 ORCA 1,750.00 1,500.00 2,000.00 6,250.00 10,000.00 16,250.00 $37,750.00 $80,445.27 To proceed quickly we need approval for the following: .-. 1. Authority for Road & Bridge to acquire construction easements and to work on private property. 2. Authority for Road & Bridge to proceed with the cooperation of other County offices to assimilate the documents needed to submit the grant, i.e. County personnel data, planned Capital Purchases for one (1) year, and Censer information. 3. Approval of publication and setting of public hearing (72 hours after publication) for TCDP Grant Application 4. Authorization for Judge to sign completed TCDP final application. 5. Approval of publication for TCDP Grant application posting and mailing. "^ Second Notice to be published before mailing final application. PUBLIC NOTICE KERR COUNTY TEXAS COMMI3NITY DEVELOPMENT PROGRAM The County of Ken is giving notice of the County's intent to submit a Disaster Relief Fund application for a grant from the Texas Community Development Program. The grant application request is $80,445.27 for the purpose of repairing damage to County Roads and stream crossings damaged in the 3uly 2002 Flood. The application is available for review in the office of the Kerr County Clerk during regular business hours and will be submitted to the Office of Rural Community Affairs on December 23, 2002. PERMISSION FOR RIGHT OF ENTRY To Whom It May Concern: This is to certify that permission is hereby granted to Kerr County, its agents or assigns, to enter upon lands, as descr"bed below owned by the undersigned in Kerr County, Texas. This permission is granted for purposes, of conducting soil testing, envvonmental studies, property surveying and reconstruction of flood damaged areas. In the course of these activities, it may be necessary to perform some minor trimming of trees, hauling in fill materials, and installing erosion control devices, such as gabions, cable, concrete, mats, etc. This permission is granted for two (2) years from date of execution. Property Description: Owner Signature Signed this day of , 2002. Prin[ Name Address Telephone Number Special Comments: The State of Texas The County of Kerr Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared . known tome to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed this instrument for the purposes and consideration therein expressed. GIVEN i.JNDER MY HAND AND SEAL OF OFFICE THIS day of , 2002. Notary Public in and for County, State of Texas Seal ^ My commission expires United States Dep'arbnent of AOricultare o MRCS ,.~ Natural Resources Conservation Service l01 South Main Temple, TX 76501 October 24, 2002 Mr. Lynn Odetn Kerr County Road and Bridge 4010 San Antonio Hwy Kerrville, "texas 78028 is T6 i:?^J» R ~ Lynn, ~ i All DSR's developed by NRCS staff with County assistance have been reviewed and approved. 3 have included a breakdown on the DSR's with regard to cost and means of repair. As we discussed in the field Ken County staff will conduct most of the work through a force account ageement, similar to what was used following the repairs for the October 2000 storms. Itt addition there is a complex site located along River Road, the one where we discussed use of gabions or rock riprap to stabilize the riverbank and protect the road crossing. We request that Kerr County pursue this repair under a locally led agreement. This would mean that Kerr County would retain an engineer to design the repair and oversee construction, and then Kerr County would solicit the repair under a construcfion contract. This request is based upon limited NRCS staff resources and the fact we would be unable to assign an engineer to the project till next year, our concern would be that we could not complete the project prior to August 2003. Based upon program requirements all work associated with the 3uly 2002 storm event is to be completed by August 2003. DSR# Site Location Action Repair Cost KC-02-O1 Turtle Creek Sediment Removal $7,000 KCr02-03 River Road (Guard Rails) Bank stabilization $6,000 KG02-OS Center Point @Bowlin Dr. Fill, vegetation, conc. $8,000 KC-02-06 Center Point Dam Sediment Removal $25,000 KG02-07 Herman Sons Road Debris Removal 40 Total: $86,000 These sites will be done by Ketr County forces and reimbursed 75% of the repair cost. I will send a draft Plan of Opezatians, which details scope of work, staff rates, equipment rates, and estimated material cost to you far review and comment, the final copy will be a part of the project ageement with the County. For the following site (KC-02-04) a locally led agreement will be put together, I will send this to you with a scope of work detailing limits on the type of repair. Please secure the services of an engineer to design the repair, once khis is dune have them contact me to set up a meeting to __-~r.~-. -~, am Fc o,c ~~as ~_a ~s aea ~> a discuss the repair. Once a design is ready and bidding documents put together the County will '~ then contract the work to be performed. The County or the engineering firm c an provide quality review or inspection services on the project. The MRCS will reimburse the County for engineering services and other approved technical services up to $10,000. The financial assistance for this repair will be reimbursed at 75% of the cost of construction. KC-02-04 Center Point Swing Gabion or Rock $50,000 to $65,000 [ will also have an agreement for this site developed and submitted to the County, once signed please formalize an agreement with a firm to handle the engineering services. If yott have specitc questions please contact myself (254-742-9846) or Charles Melton (254- 742-9824). Sincerel^yA, s v/vC TIM BUSCHA EWP Program Manager cc: James Tillman, ASTC (Programs), NRCS, Temple, Texas Elisha Kuehn, ASTC (FO),1VRCS, San Angelo, Texas ,... Jae Franklin, DC, MRCS, Kenville, Texas Charles Melton, CE, NRCS, Temple, Texas Gtts Gazcia, ORCA, P.O. Box 13941, Austin, Tx 78711 ~a~~~'~ RESOLUTION A RESOLUTION OF KERR COUNTY, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE OFFICE OF RURAL COMMUMTY AFFAIRS FOR THE DISASTER RELIEF FUND; AND AUTHORIZING THE COUNTY J[1DGE TO ACT AS THE EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE COUNTY'S PARTICIPATION [N THE TEXAS COMMUNITY DEVELOPMENT PROGRAM. WHEREAS Kerr County suffered extensive damage to its public infrastructure and private housing stock during the July 2002 floods; and WHEREAS these conditions represent potential threats to public health and safety; and WHEREAS the president of the United States declared Kerr County as part of the Disaster Area eligible for assistance from the Federal Emergency Management Agency and other disaster relief programs; and WHEREAS it is necessary and in the best interests of Kerr County to apply for disaster relief assistance through the Texas Community Development Program (TCDP); now THEREFORE BE TT RESOLVED 1. That a Texas Community Development Program application is hereby authorized to be filed with the Office of Rural Community Affairs for funding consideration under the Disaster Relief Fund; 2. That the application be for up to $350,000 of grant funds to carry out project administration, engineering, and eligible disaster relief-related improvements throughout Kerr County 3. That the County Judge is designated as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application anti participation in the Texas Community Development Program; PASSED AND APPROVED ugust 12, 2002 ~~_ It I, Fre Henneke, County Judge , H. A "Buster" Baldwin W H. W Commissioner, Precinct 1 Conunissioner, Precinct 2 ~ Larry Griffin Precinct 3 Commissioner, Precinct 4 First Notice to be published 72 hours before r Public Hearing PUBLIC NOTICE KERB COUNTY TEXAS COMMUNITY DEVELOPMENT PROGRAM The County of Kerr will hold a public heazing at 9:00 a.m. on December 16, 2002 at 700 Main, Kerrville, in regard to the submission of a Disaster Relief Fund application to the Office of Rural Community Affairs for a Texas Community Development Program (TCDP) grant. The purpose of this meeting is to allow citizens an opportunity to discuss the citizens participation plan, to obtain citizens comments on the development of a Disaster Relief application to address damages caused by 3uly 2002 floods, and inform the citizens of TCDP funding available, all eligible TCDP activities, and the use of past TCDP funds. The county encourages Citizens to participate in the development of this TCDP application and to make their views known at this public heazing. Citizens unable to attend this meeting may submit their views and proposals to Fred Henneke, County Judge, at 700 Main Street, Kerrville Texas 78028. Persons with disabilities that wish to attend this meeting should contact Commissioners Court to arrange for assistance. Individuals who require auxiliary aids or services for this meeting should contact Commissioners Court at least two days before the meeting so that appropriate arrangements can be made.