g ~7)ND~)•8' /• COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS ,,, TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom, Jr. OFFICE: Road & Bridge MEETING DATE: July 14, 2008 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFICI: Consider, discuss, and take appropriate action concerning the Kerr County Policy for Emer~ency Response on Non-Maintained Roads. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom ESTIMATED LENGTH OF PRESENTATION: 10 minutes 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: (a~ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. reg3 ~,~ E q 5~ ~~ cOun~y of `~~ Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: July 8, 2008 RE: Kerr County Policy for Non-County Maintained Roads Attached is the policy adopted by the Court August 8, 2005. We are having a real problem with this policy and the homeowners on Primrose and Tierra Grande. During the 2002 Flood we worked on Primrose because it was truly a safety issue. Please note that Number 4 of the policy states we will correct the situation on a one-time basis. However, as you can see from the letters and complaints we have been called back numerous times and the homeowners have done nothing to correct the problems they have with their road. Last year during the extended period of rainfall we worked on several private roads, but the most extensive one was Tierra Grande. We foresee the same problems with this neighborhood as we have with Primrose. These homeowners have made no attempts to correct the problems with their roads and these calls continue to cost not only us, but the Sheriff's Department lots of time and tax dollars. At this time we are asking that you firm up the policy in some way that states that we will not return unless the homeowners have made an attempt to help themselves. Th Document2 Kerr ~ourtty polie~r re ~mpassabl~ Roa~#s It shah be the policy of Kerr County that in situations where a public non- county maintained road has became impassable to emergency or iaw enforcement vehicles, and a potential threat to life and safety exists due to hooding or other current natural disasters, the Road & Bridge Department, when notified, shall take the following measures:. 1. Kerr County Road & Bridge Department shall notify the Sheriff's Department, who will dispatch a law enforcement vehicle to examine the road in question. 2. If the Sheriff`s Department reports back to Road do Bridge that a rood is passable for iaw enforcement or other emergency vehicles, no further action shall take place. 3. Tf the Sheriff's Department determines that a road is impassable far law enforcement or other emergency vehicles, this information shall be reported to Road & Bridge Department. 4. Rand & Bridge Department mcry dispatch appropriate manpower and equipment to make the road minimally passable for emergency services, thereby correcting the situation on a ane-time ~ctsis on/y. 5. No Kerr County public access road not listed an the Road & bridge authorized list of County-maintained roads will be maintained, and emergency maintenance will only occur if the road is considered impcrsscrb/e by the Sheriff's Department inspection. This policy was adapted by Kerr County Commissioners' Court August 8, 20Q5. Page 1 of 2 Kerr County Road ~ Bridge From: "Rex Emerson" ;, To: "'Kim Carey"' Cc: "'Truby Hardin"' ; "'Buster Baldwin"' Sent: Thursday, May 22, 2008 7:51 AM Subject: RE: Roads Dear Mrs. Carey, In the four years I have been County Attorney the roads in your subdivision have come-up twice. The proper way to bring the subdivision roads into compliance is with a road district. Both times, your neighbors have opted to keep bad roads rather than 1) pay the cost of an upgrade, 2) have increased traffic and development, and 3) pay more real property taxes resulting from increased land values. The road district is a statutory plan that creates a limited, clearly defined "bond district" whereby the bond money is used to engineer the roads to county standards and the property owners pay-off the bond with levied taxes over an extended period. I would encourage you to visit with the Road and Bridge Department and let them explain the statutory authority whereby other public roads became county maintained roads. In the event you are interested in road distriottr#k~e information may be found in article III, section 52 of the Texas Constitution and in Chapter 257 of tll~~exa~ '' Transportation Code. Yours truly, Rex Emerson From: Kim Carey [mailto:carey@hctc.net] Sent: Wednesday, May 21, 2008 9:01 AM To: kcroads@co.kerr.tx.us Cc: bbaldwin@co.kerr.tx.us; remerson@co.kerr.tx.us Subject: Roads Dear Mr. Odom, My husband and I live near the end of Primrose Lane. We have lived here since 2004. According to the county records and verified by LCRA, Primrose Lane is fisted as a county road. However, we are rarely able to receive any maintenance. According to information given to me by Buster Baldwin, Primrose Lane was "donated" to Kerr County, yet Kerr County has yet to either accept the donation or refuse the donation. If accepted, as I suspect it is as evidenced by the County Record, then Road and Bridge should be able to maintain it. If refused, then Kerr County should have sought legal action against the developer that left the road in its current condition. Regardless of the reason, it remains to be seen that Primrose Lane is in desperate need of repair and routine maintenance. While we are working class citizens, we are tax paying citizens and deserve the same consideration that all other residents of Shepherd Rees, Bear Creek, Sierra, ~`" Gabe and Indian Creek receive. I am particularly curious about the extension of Indian Creek. It is sparsely populated, yet newly paved all the way to the end. Furthermore, the residents of the above named roads are clearly affluent, yet I e 5/22/2008 Page 2 of 2 suspect many have an "ag" exemption, reducing the amount of taxes they have to pay. Futhermore, it is apparent that there is a dedicated road crew assigned to these roads and therefore, available to work on Primrose Lane. ~wr Moreover, there are many rumors floating around that I have not had time to research, but plan on doing so. First, it has been said that the developers of this subdivision, Bear Creek Ranch, paid $400,000 to Kerr County upon their exiting this development. These funds were supposedly allocated for road development for Primrose Lane and Elm Valley, yet used to develop other subdivisions off Shepherd Rees Road. Again, this is speculation and not proved, yet certainly worth researching. In closing, please know that we are simple people that live a quiet life as Christian Artists. We do not like having to quarrel with our public representatives, but feel it is important to remind our representatives that they are indeed civil servants obligated to provide certain services to the residents of the community. Salaries of these county employees are paid by people just like us, regardless of working class. Your utmost attention and prompt response will be greatly appreciated. Regards, Bruce and Kim Carey 1403 Primrose Lane, Kerrville, TX Kim Carey Carey & Company Home of The Crooked Cross www.thecrookedeross. com 830-367-3131 "Now Faith is the substance of things hoped for, the evidence of things unseen." Hebrews 11:1 NIV 5/22/2008 ~ NAME ~ DATE ~ CALL # ~ CREW O SITE ~ HOURS SIMS { 4/17/2002 { 664 { 3 PRIMROSE 4 :VINCENT { 4/17/2002 { 667 { 3 { PRIMROSE 4 BiERMANN { 4/17/2002 { 653 { 3 { PRIMROSE 4 '"~ERMANN { 4/18/2002 { 653 { 3 { PRIMROSE 8 r(MS { 4/18/2002 { 664 { 3 { PRIMROSE 8 VINCENT { 4/18/2002 { 667 { 3 { PRIMROSE 8 !BIERMANN { 7/30/2002 { 653 { 3 { PRIMROSE 4 SiMS { 7130/2002 { 664 { 3 { PRIMROSE 4 VINCENT { 7/30/2002 { 667 { 3 { PRIMROSE 4 BIERMANN { ' 8/1/2002 = 653 { 3 { PRIMROSE 5 _ ~SIMS ( 8/1/2002 ( 664 { 3 { PRIMROSE 5 ~/INCENT { 8/1/2002 { 667 { 3 { PRIMROSE 5 ~SIMS { 12/9/2002 { 664 { 3 { PRIMROSE 4 ~BIERMANN { 12/9/2002 { 653 { 3 { PRIMROSE 4 _ {BIERMANN { 12/11/2002 {653 {3 { PRIMROSE 7 ;VINCENT { 12/11/2002 {667 {3 { PRIMROSE 8 BIERMANN {12/12/2002 {653 {3 {PRIMROSE 8 VINCENT {12/12/2002 {667 {3 {PRIMROSE {8 GEURIN {7/14/2004 {670 { {PRIMROSE 2 HOFFER {7/14/2004 {674 { {PRIMROSE 2 !GONZALEZ {9/6/2006 (660 { {PRIMROSE 1 ^"ERMANN {9/6/2006 {653 {3 {PRIMROSE {8 ~r-tiVlS {9/6/2006 {664 {3 {PRIMROSE 8 OWEN {9/6/2006 {669 {3 {PRIMROSE 8 ;WHEELER {9/6/2006 {671 {5 {PRIMROSE 8 ~LUNSFORD {9/6/2006 {661 {5 {PRIMROSE 8 ;GEURIN {10/15/2007 {670 ( {PRIMROSE 1.5 Page 1 of 1 Kerr County Road & Bridge From: "Kim Carey" To• Cc: ; "'Rex Emerson"' Sent: Saturday, July 05, 2008 7:32 AM Subject: Primrose Lane Dear Mr. Odom, Just a quick note to thank you for the recent grating of Primrose Lane. However, there has been an oversight on the part of the crew. The last hill was not grated and this is the worst hill on the entire road. I'm confident that this must have been a miscommunication as Kerr County would never discruninate against the elderly and disabled that live down in the canyon on this road. Therefore, would you please have your crew return and repair the last hill? It would be greatly appreciated. The Carey's Kim Carey Carey & Company Home of The Crooked Cross www.thecrookedcross. com 830-367-3131 "Now Faith is the substance of things hoped for, the evidence of things unseen." Hebrews 11:1 NIV 7/7/2008 Road and Bridge Dept. 4010 San Antonia Hwy Kerrville TX 7$028 County Commissioners 700 Main Kerrville, TX 78028 To whom it may concern: FILE CGP'r I manage some property on Primrose Lane, which is located in the Bear Creek subdivision. The property is located at the Eastern end of Primrose Lane. The numbers of the property as listed by the Kerr Central Appraisal District are as follows: 823283, 823241, 823242, 823243, 823244. When the property was bought by Jerome Lange some years back there was talk of paving Primrose. But at this time Primrose Lane is still only a caliche road and a very rough road at that. In fact Z had a realtor look at the property and he would not even take the listing because the road is in such bad condition. My questions to you are: Who is responsible for maintaining Primrose? Is Primrose a private road? Is Primrose a county road? Is Primrose supposed to be graded by the county? If so, how often is it graded and is f1l ever brought in to keep the ruts from washing out so bad? Is Primrose ever going to be paved? If Primrose is not a county road, haw does one go about making the road such that the county would be responsible far the upkeep? I guess the big question is: who is responsible for keeping Primrose road in drivable conditions? Taxes are paid by the owners of the land adjacent to Primrose, so it seems that this tax monies should be used to upkeep the road.. The way it is now, i£ someone living on Primrose needed EMS services, an ambulance or f re truck would not be able to make it without great difficulty. Awaiting your reply, Annie Rendon 647 Joseph Lane Harper, TX 78631 830-$64-4494 ,,. address, please notify me. "_ ~ , 4i. /~`~Z ~ If I need to send this letter to another ~~`~,'C ~ 0 ~_ po~~~~t Leonard Odom, Jr. Administrator Truby Hardin Assistant Administrator Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 September 25, 2006 Annie Rendon 647 Joseph Lane Harper, TX 78631 RE: Primrose Lane Telephone: 830 257-2943 FAX: 830-896-8481 Email: kcroads ~k-tc.com Primrose Lane is a county maintained road from Bear Creek Road onty to the boundary of Bear Creek Ranch subdivision. A distance of .0236 mile. Inside Bear Creek Ranch subdivision the roads are "dedicated to the public forever, for public use" per the plat recorded September 15, 1972, in Volume 3, Page 114 of the Kerr County Subdivision Records. How this relates to your questions: Question: Who is responsible for maintaining Primrose? Answer: The owners of property in the subdivision are responsible for the maintenance of the road. Question: Is Primrose a private road? Answer: No, it was dedicated to the public forever, for public use. Question: Is Primrose a county road? Answer: There are two types of county roads. 1. A count public road that is~rivatelYmaintained. This is what Primrose is. 2. County maintained road is a road that has been accepted by the Commissioners Court for maintenance. Question: Is Primrose supposed to be graded by the county? Answer: No. Question: Is Primrose ever going to be paved? Answer: Not by Kerr County past where it is currently paved. Kerr County maintenance stops at the end of what is currently paved. Question: How does one go about making the road such that the county would be responsible for the upkeep? primrose Answer: For the county to consider accepting the roads within the subdivision for maintenance, the owners' of the property within the subdivision will have to build the roads to county standards, as specified in Kerr County Subdivision Rules. Then they must ask the Commissioners Court to accept it for maintenance. We have enclosed a copy of the current standards. Question: Who is responsible for keeping Primrose Road in drivable conditions? Answer: The landowners. if a privately maintained road is declared completely impassible for emergency services by the Sheriff's Department, our department can work on the portion of the road deemed impassible just to get the emergency vehicle through. if you would like to contact the neighboring landowners to discuss what needs to be done, you can get a list of the owners from the Kerr County Appraisal District. 1 hope we have answered all your questions. Sincerely, Truby Hard' Assistant Administrator primrose rage i or i Truby Hardin From: "Buster Baldwin" To: "'Kim Carey"' Cc: Sent: Thursday, May 10, 2007 11:42 AM Subject: RE: Primrose Lane Ms. Carey- Thankyou for your letter. I wish I had good news for you, but the truth is the state law has not changed. It is against the law for the county to work on private property except in the case of an emergency. If you think your road has become impassable to the point that emergency vehicles cannot get to you then you call us, we ask the Sheriff to travel the road and determine if it is passable. If he says it is not passable then we can do minor repairs so an ambulance, fire truck or police car can get to you. I have forwarded your letter to the road and bridge department and have asked them to provide you a copy of the county attorney opinion on this issue. Also, I would appreciate it if you would help me find the "discretionary fund" in the road and bridge department. I have been looking for it for years. If I can be of further help, please do not hesitate to call on me. Sincerely, Buster Baldwin From: Kim Carey [mailto:carey@hctc.net] Sent: Thursday, May 10, 2007 6:30 AM To: bbaldwin@co.kerr.tx.us Subject: Primrose Lane Dear Mr. Baldwin, A couple of years ago we spoke about the deplorable condition of Primrose Lane, a 2 mile stretch Hof dirt road located off Bear Creek Ranch Road. At that time you stated that the only way the county would maintain the road was if the residents paid out of pocket to bring it up to code. With the exception of only a couple of homes, the community of residents in this area are low-income, elderly and disabled. The likelihood of raising that kind of money is nearly impossible. So, at this time I ask you once again to please have the county come in and lay road base and gravel and grate the road as needed. We are not asking for pavement, just those materials that will keep it passable. Over the past two years, three people have slid off the road into the embankment in various places, with one of those incidents occurring just the other day. Fortunately, there have been no injuries, but it is just a matter of time. How will you feel if someone is seriously injured? I understand that there are discretionary funds in the Kerr County Road and Bridge department. Please use some of your Discretion and apply those funds to Primrose Lane. It is very frustrating to see other roads getting paved on a regular basis that don't even need it. I have also written Mr. Hildebran about this so he may be contacting you as well. Your immediate attention to this matter will be greatly appreciated. Regards, Kim Carey 1403 Primrose Lane Kerrville, TX 830-367-3125 5/10/2007 syi ~ij .. ,~s _ :'"! ~ ~ ~i,~ . Ga ~~ i `I/l a,, %~1~9~ It .~! ~ .r. t'_y ~ Franklin Johnston, P.E. County Engineer Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 Leonazd Odom, Jr. Road Administrator Truby Hardin, Admin. Assist. Iva Gass, Secretary February 27, 2003 W. D. Guzardo, Sr. 741 Water Street Kerrville, TX 78028 RE: Primrose Lane Dear Mr. Guzardo; FILE COPY Telephone: 830-257-2993 FAX: 830-896-8481 Email: kcroads@ktc.com Primrose Lane is a county maintained road from Bear Creek Road to the boundary of Bear Creek Ranch subdivision, a distance of 0.236 mile. Inside Bear Creek Ranch subdivision, the roads are "dedicated to the public forever, for public use" per the plat. They are not county maintained roads. Bear Creek Ranch subdivision was filed Sept. 15, 1972. Kerr County Subdivision Rules came into effect on Jan. 1, 1984. Kerr County Unit Road System came into effect in 1988, where all county roads to be maintained by the Kerr County Unit Road System were listed by the Commissioners Court. In the case of Primrose Lane, it is as specified above, a distance of 0.236 mile. For the county to consider accepting roads within the subdivision for maintenance, the owner's of property within the subdivision will have to build the road to county standards, as specified in our subdivision rules. This was recently done in Ingram Lake Estates. You may want to visit with their Homeowner's Association to understand the process required. If you need more information or have any questions, please call. Sincerely, ranklin Jo stop, P.E. ,,: Kerr County Cc. Commissioners Court DATE 7/25/2002 NAME RUSSELL SCOTT ADDRESS PR{MROSE PHONE 367-3652 WK PHONE wr° PCT 1 AREA 3 COMPLETE ~' OTHER SUBDIVISION LOCATION NATURE OF CALL WANTS TO TALK ABOUT CULVERT YOU PUT ON PRIMROSE ACTION BASE OUT DRIVEWAY, SPREAD BASE OVER DIG OUT, 12 CY COMPLETION DATE 7/30/2002 CREW LEADER BIERMANN DATE 9/5/2006 NAME RUSSELL SCOTT ADDRESS 1401 PRIMROSE PHONE 367-2124 WK PHONE PCT 1 AREA 3 COMPLETE Y OTHER SUBDIVISION LOCATION PRIMROSE NATURE OF CALL MAN SAYS ROAD IMPASSABLE -BIG HOLES -CALL SHERIFF' S ACTION SHERIFF DEPT DECLARED RD IMPASSABLE- WILL REPAIR 9/6/06 COMPLETION DATE 9/6/2006 CREW LEADER JOE-ODOM-TRUBY DATE 10/12/2007 NAME RUSSELL SCOTT-LUKE FLORES - S. 0. ADDRESS 1401 PRIMROSE PHONE 367-2124 WK PHONE PCT 1 AREA 3 COMPLETE Y OTHER SUBDIVISION LOCATION BACK OF PRIMROSE NATURE OF CALL NOT PASSABLE, POT HOLES, ETC ACTION BLADED COMPLETION DATE 10/18/2007 CREW LEADER HOUGHTON ~~#= 1841 OPEN Service Type: ROAD REPAIR -- - -_ __ - Reported By Address Phone Road/Street Name Date Reported Date Assigned Date Resolved Prority Assigned To RUSSELL SCOTT PRIMROSE PRIMROSE 6/19/2008 6/2612008 664 Complaint or Service Requested IS ROAD PASSABLE - CALLED S O TO EVALUATE Action Reported Comments/Action Taken Memo 'M'". ice: 1773 CLOSED service Type: Road Repair -- - -_ -- Reported By Address Phone Road/Street Name Date Reported Date Assigned Date Resolved Priority Assigned To RUSSELL SCOTT PRIMROSE 830-257-2720 PRIMROSE 5/15/2008 5/20/2008 5/15/2008 Complaint or Service Requested 664 LEVEL OUT ROAD AT 2ND HILL wrr Action Reported S O REPORTS ROAD IS BARELY PASSABLE -CAN'T REPAIR UNTIL IMPASSABLE CommentslAction Taken Memo _ / PU~~IC PARTICIPATION FOR1~~ ` ~~ , ~~~ FOR 7"~ ~ - KERR COUNTY COMMISSIONERS' COURT ,,~=~ INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the COUNTY CLERK riot to the time that the Agenda Item (or Items) you wish to address are discussed. If you are handing out any material or documents to the Court, please make sure you have one extra c~py for the Clerk to ensure that one is put into the record. Name Address: G'S_~- Telephone: ~3~v _`3~,~_ 3 i ZS Place of Employment: S~ 1-(~ Employment Telephone: ~ 3 ~ ~ ~~7~ 31 ~/ Do you represent any particular group or organization? Yes ,/ No If you represent a group or organization, please state the name, address and telephone number of such group or organization: Which Agenda Item (or Items) do you wish to address: ~' In general, are you for or against such Agenda Itey~n (or Items)? For Against SignatGre NOTE: This Public Participation Forrn must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are.