I, OS/ Oi0 /. l�- COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: H.A. "Buster" Baldwin OFFICE: County Commissioner MEETING DATE: May 10, 2010 TIME PREFERRED: 11:15 AM SUBJECT: Consider, discuss and take appropriate action regarding Mr. Schulenberg's appeal to the Kerr County Road Administrator for establishing the entire Sheppard Rees Road as a "no passing zone ". EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Baldwin/Ted Schulenberg ESTIMATED LENGTH OF PRESENTATION: 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 as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. 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 Rules Adopted by Commissioners' Court. 5/3 � D; o - 1 c'4t l.Ev flWt /Wtfi 7*R . o-fia,tertjW' d ' John T. (Ted) Schulenberg Ctm2 40 Le-. fore. itie 181 La Reata Road him_ ! to [ Kerrville, Texas 78028 Tel: 830 - 792 -5608 email: schulen(&ktc.com Ltia Alga �&$c t/' 114E. f(E A tkee05 27 April 2010 A4Lo - iwt. 1 tom Leonard Odom NoT C v f�garNS7 p 11 Kerr County Road Administrator 4010 San Antonio Hwy. 61,eca) Kerrville, Texas 78028 Dear Mr. Odom, Thank you for responding to my letter of 16 April wherein I suggested your consideration of establishing a `passing zone' on Sheppard Rees Road; preferably on the relatively long straightaway (hereinafter referred to as `the straightaway') extending westward from just west of Country Hills. I was disappointed that you felt that you could not endorse the proposal, but appreciate your taking the time to evaluate it. You have assembled and reported on a considerable amount of data; presumably in support of your reasons for not supporting my proposal. With all due respect, however, I find that most of your data are irrelevant and all have been insufficiently analyzed. (1) You cite the speed limit and the obvious problems that arise when people exceed that limit, but ignore the fact that I made no suggestion that the current speed limit be either raised or ignored. Personally, I would be perfectly content with a modestly lower speed limit. (2) You cite the number of curves on Sheppard Rees Road, but ignore the obvious fact that `the straightaway' has, by definition, no curves. (3) You cite The number of roads and driveways intersecting Sheppard Rees Road, but ignore the fact that there are very few such entries along `the straightaway'; no main entries for any developments and only one private driveway that appears to be utilized. (4) You cite the number of accidents on Sheppard Rees Road since 1992, but ignore the question as to whether or not any or many of these accidents occurred along `the straightaway'. (5) You chose not to comment on my own suggested advantages for establishing a passing zone. In the absence of a contrary view, I still feel that they have merit. (6) You state the obvious that: ( "...safety is far more important than an inconvenience. "), but ignore the fact that many of our fellow Kerr County residents apparently don't feel that way as evidenced by the 54 accidents. Are you looking for possible solutions or would you prefer another 54 accidents? And now we come to the principle reason for my response to your response. I did not appreciate your gratuitous comments regarding my presumed driving habits. You know nothing about them. Had you not suggested that I might need to alter them, I would not have even written a follow up letter. But you jumped on the wrong horse and I'm not the least bit happy about it. On 10 October 2009 I was issued a warning for "disregard no passing zone" on Sheppard Rees Road while heading into town at 8:10 am. The Deputy who issued the citation had rounded the curve at the top of the hill at Horizon while he was driving westward. He saw my car which was a few feet over the no passing line and two other cars behind me. He assumed that I had just passed those cars. When the Deputy told me why I had been stopped I told him that the following cars had always been behind me. I had seen a man walking his dog on my (south) side of the roadway. I chose to slow down and move a bit over the no passing lane because there was no oncoming traffic. Both measures were proper and enhanced safety. The Deputy told me that "I might be right" and because of that he was only issuing a warning. Of course I was right. I don't lie about such things, but since I was only getting a warning I chose not to argue with him. I have related the foregoing for two reasons. Firstly, it set me to thinking about the problem of passing in zones which I don't consider to be safe; including the one in which I was safely driving when cited. So I began to think of a place where it would be safe to pass. Secondly, that `violation' is the only one that I have ever received in more than 60 years of driving. In those 60 years I have driven an estimated 700,000 miles: in 49 states; in more than 20 countries; left hand drive; right hand drive; roadless areas; single tracks; one lane roads; mud roads; dirt roads; gravel roads; boulder- strewn roads; roads with more potholes than road surface; county by -ways; state highways; four -lane roads; eight lane freeways; big cities; little cities; city streets filled with walkers, street stands, donkey carts and motorbikes; cities where defensive driving is unknown to most drivers. All with no accidents. My safety record is literally no accident. I don't speed. I am never in a hurry. I drive defensively. Despite that, I know that I make mistakes. My attention can be diverted. On some rare occasions, it seems that only good fortune has seen me through. The knowledge that I can and do make mistakes, makes me even more determined to drive defensively thereafter. So, when you, or any county employee for that matter, can match a record of 60 years without accidents or tickets (Set aside the recent warning as would any judge had it been an actual ticket and challenged in court.), then I will listen to your admonitions. In the meantime, hold your tongue and hold your pen. Sincerely, Ted Schulenberg cc: Rusty Hierholzer, Sheriff of Kerr County Buster Baldwin, Commissioner of Precinct 1 --- --.---- — - - ---- - — - ---r.s...‘ ...„,, . --....... ,.., 4 ..„ - ---....,.. ---, ct ."'"‘ ` '■', -.....--`);■,- ''.• -., ' 0 --' — ' --------------T:;Pe -'s '>. ,I) , 13 :1/4."...... 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" ry ti o ' 1 Z.4 g Q . , ., - l y .. c;. . �.., »+ a+ 5 y r \\ Q 0 .. li ` . .. . .„„. :: „....i.t...:,..:,... :;..,.. : F O W - - fig. .1 ': d . .0. I. 'v * John T. (Ted) Schulenberg 181 La Reata Road Kerrville, Texas 78028 Tel: 830 - 792 -5608 email: schulen*a,ktc.com 27 April 2010 Leonard Odom Kerr County Road Administrator 4010 San Antonio Hwy. Kerrville, Texas 78028 Dear Mr. Odom, Thank you for responding to my letter of 16 April wherein I suggested your consideration of establishing a `passing zone' on Sheppard Rees Road; preferably on the relatively long straightaway (hereinafter referred to as `the straightaway') extending westward from just west of Country Hills. I was disappointed that you felt that you could not endorse the proposal, but appreciate your taking the time to evaluate it. You have assembled and reported on a considerable amount of data; presumably in support of your reasons for not supporting my proposal. With all due respect, however, I find that most of your data are irrelevant and all have been insufficiently analyzed. (1) You cite the speed limit and the obvious problems that arise when people exceed that limit, but ignore the fact that I made no suggestion that the current speed limit be either raised or ignored. Personally, I would be perfectly content with a modestly lower speed limit. (2) You cite the number of curves on Sheppard Rees Road, but ignore the obvious fact that `the straightaway' has, by definition, no curves. (3) You cite The number of roads and driveways intersecting Sheppard Rees Road, but ignore the fact that there are very few such entries along `the straightaway'; no main entries for any developments and only one private driveway that appears to be utilized. (4) You cite the number of accidents on Sheppard Rees Road since 1992, but ignore the question as to whether or not any or many of these accidents occurred along `the straightaway'. (5) You chose not to comment on my own suggested advantages for establishing a passing zone. In the absence of a contrary view, I still feel that they have merit. (6) You state the obvious that: ( "...safety is far more important than an inconvenience. "), but ignore the fact that many of our fellow Kerr County residents apparently don't feel that way as evidenced by the 54 accidents. Are you looking for possible solutions or would you prefer another 54 accidents? And now we come to the principle reason for my response to your response. I did not appreciate your gratuitous comments regarding my presumed driving habits. You know nothing about them. Had you not suggested that I might need to alter them, I would not have even written a follow up letter. But you jumped on the wrong horse and I'm not the least bit happy about it. On 10 October 2009 I was issued a warning for "disregard no passing zone" on Sheppard Rees Road while heading into town at 8:10 am. The Deputy who issued the citation had rounded the curve at the top of the hill at Horizon while he was driving westward. He saw my car which was a few feet over the no passing line and two other cars behind me. He assumed that I had just passed those cars. When the Deputy told me why I had been stopped I told him that the following cars had always been behind me. I had seen a man walking his dog on my (south) side of the roadway. I chose to slow down and move a bit over the no passing lane because there was no oncoming traffic. Both measures were proper and enhanced safety. The Deputy told me that "I might be right" and because of that he was only issuing a warning. Of course I was right. I don't lie about such things, but since I was only getting a warning I chose not to argue with him. I have related the foregoing for two reasons. Firstly, it set me to thinking about the problem of passing in zones which I don't consider to be safe; including the one in which I was safely driving when cited. So I began to think of a place where it would be safe to pass. Secondly, that `violation' is the only one that I have ever received in more than 60 years of driving. In those 60 years I have driven an estimated 700,000 miles: in 49 states; in more than 20 countries; left hand drive; right hand drive; roadless areas; single tracks; one lane roads; mud roads; dirt roads; gravel roads; boulder - strewn roads; roads with more potholes than road surface; county by -ways; state highways; four -lane roads; eight lane freeways; big cities; little cities; city streets filled with walkers, street stands, donkey carts and motorbikes; cities where defensive driving is unknown to most drivers. All with no accidents. My safety record is literally no accident. I don't speed. I am never in a hurry. I drive defensively. Despite that, I know that I make mistakes. My attention can be diverted. On some rare occasions, it seems that only good fortune has seen me through. The knowledge that I can and do make mistakes, makes me even more determined to drive defensively thereafter. So, when you, or any county employee for that matter, can match a record of 60 years without accidents or tickets (Set aside the recent warning as would any judge had it been an actual ticket and challenged in court.), then I will listen to your admonitions. In the meantime, hold your tongue and hold your pen. Sincerely, Ted Schulenberg cc: Rusty Hierholzer, Sheriff of Kerr County Buster Baldwin, Commissioner of Precinct 1 t," u ����� oon Kerr County Road & Bridge Leonard Odom, Jr. 4010 San Antonio Hwy Telephone: 830 - 257 -2993 Administrator Kerrville, Texas 78028 FAX: 830 -896 -8481 Email: kcroads@ktc.com Kelly Hoffer Assistant Administrator April 21, 2010 John T. (Ted) Schulenberg 181 La Reata Rd. Kerrville, TX 78028 Dear Mr. Schulenberg, We received your letter requesting at least one "Passing Zone" on Sheppard Rees Road. On July 13, 1998 the Sheriffs Department requested the speed limit on Sheppard Rees Rd. be set at 35 mph. On July 13, 1998 Commissioners' Court approved under Court Order #25433 the speed limit for Sheppard Rees Road be set at 35 mph. On October 13, 1998 Buster Baldwin, Commissioner of Pct. 1 requested that the speed limit be raised to 45 mph. The speed limit was raised to 45 mph under Court Order #25607. On 3/3 — 3/4/2005 we did a traffic /speed count on Sheppard Rees Rd. and found that the total amount of cars were 164, the 85 percentile speed was 37 mph and the percentage of cars traveling over 55 mph was 1.82 %. The length of Sheppard Rees Rd. that is county maintained is 4.05 miles. The front portion off Thompson Drive consisting of about .4 miles is the maintained by the City of Kerrville. The next 4.05 miles back to where Bear Creek tees into Sheppard Rees is maintained by Kerr County. We drove Sheppard Rees Rd. on Wednesday, April 21, 2010 to collect information about this road. We counted driveways, private roads and public roads that connect to Sheppard Rees and found that there are a total of 67 connections to Sheppard Rees. We also counted curves and found 15 curves within the double yellow line portion and 2 curves within the last .35 miles which does not have a center strip. We also found that there are 5 developments that use Sheppard Rees. The developments are: The Horizon, Las Colinas, Saddlewood Estates, The Highlands Ranch and Bear Paw Ranch. There is also a community of duplexes which has many driveways attached to the road. We pulled the accident reports for Sheppard Rees Rd. and found that from 1992 to the present there have been 54 accidents on this road. Out of the 54 accidents a large number have been speed related and lane violation issues. We feel that Sheppard Rees Rd. needs to have a "No Passing" Zone and remain this way at this time. We feel that there are too many entrances and exits that are attached to Sheppard Rees and a large number of curves that would make any stretch of Sheppard Rees a danger to allow a "Passing" zone. We do not feel that the amount of traffic will lessen on Sheppard Rees but only increase as further development happens. Kerr County feels that safety is far more important than an inconvenience. We suggest that maybe your commutes to and from your home may need a little more time and suggest that you leave a little earlier and allow a little more time for your commutes. We hope that the information we have provided for you will give Kerr County good cause to keep the speed limit at 45 mph and keep the double yellow center line for "No Passing" zones on Sheppard Rees Rd. Sincerely, eon., • • dom K County R• . , - dministrator Kelly Hoffe Kerr County Assistant Road Administrator Cc: Buster Baldwin Commissioner of Pct. 1 Sheriff of Kerr County Rusty Hierholzer John T. (Ted) Schulenberg 181 La Reata Road Kerrville, Texas 78028 Tel: 830 - 792 -5608 email: schulen(dktc.com 16 April 2010 Leonard Odom, Jr. W. R. "Rusty" Hierholzer H. A. "Buster" Baldwin Administrator Sheriff, Kerr Co. Precinct 1 Commissioner Kerr Co. Road Kerr Co. Sheriff's Office Kerr Co. Commissioners Court and Bridge Dept. 400 Clearwater Paseo 700 Main St. 4010 San Antonio Hwy. Kerrville, Texas 78028 Kerrville, Texas 78028 Kerrville, Texas 78028 Gentlemen, I travel to and from Kerrville via Sheppard Rees Road almost every day. The entire road, from Bear Creek Road to Thompson Road is designated and striped for `No Passing'. It is probably no secret to any of you, that this restriction is frequently violated. I respectfully suggest that you consider designating at least one `Passing Zone' at one of the several places where it seems to me that this could be done without diminishing safety requirements in the slightest. Foremost of the possible locations is the 0.35 mile straightaway extending westward from just west of Country Hills (formerly Ox Hollow). Advantages include: (1) As long as passing is common, it would be far better to have it occur within the safest stretch of the road. Hopefully drivers would learn to forego less safe stretches in favor of this one; particularly since it is approximately midway along the length of Sheppard Rees Road. (2) The existence of current regulations and the tendency of many to disregard them because they appear frivolous, only serves to diminish respect for the regulations. Nothing in my recommendation should be taken as condoning the behavior of violators or as a recommendation to exceed existing speed limits or safety procedures. Respectfully, Ted Schulenberg