Family in Torrnace County Since 1937 Gets Road Maintenance Upgrade

For as long as anyone can remember, approaching Torrance County for road maintenance has been rebuked because the county says it doesn't have the funds to care for any new mileage.  That trend was turned at the October 24, 2012 meeting when Commissioner's Chavez-Gutierrez and Freyburger voted to approve a maintenance change for the Toler family that lives on Absher Road. 

The approval ended a four year long journey for the Toler family and district 3 Commissioner Chavez-Gutierrez/  Absher Road will benefit from a position change - now designated as a red road the Toler's and their neighbors should begin receiving maintenance and upgrades to their road.  

The Toler family has owned their property since 1937.  The family has provided the bulk of maintenance all these years with the county providing minimal maintenance by blading the road once or twice a year.  According to Torrance County Road Supervisor Martin Gutierrez roads designated as green roads are allowed two maintenance passes a year, but the county doesn't provide material such as gravel or culverts - green roads are bladed roads only and.  Red roads are allow maintenance six times a year as well as materials, culverts etc.

Road Supervisor Martin Gutierrez argued that Absher Road was not a county maintained road in spite of the fact that county equipment and man power has been used on that road for an indefinite period of time.  Commissioner Chavez-Gutierrez as well as members of the public argued that it was a county maintained road because the road department had been providing minimal maintenance on Absher Road for years. 

According to Martin Gutierrez, Torrance County Road Supervisor and County Attorney Wallin, there is an ordinance as well as a stated road department policy that defined maintained county roads as well as the process for making changes to road designations.  

Edwina Hewett requested that those documents be made available to the public, suggested the county put copies on their web site in order to give the public a clear understanding of how roads are designated as well as how changes to those designation could be made.

Commissioner Tapia, the one negative vote,  voiced concerns that ordinance needs to be changed, a policy put in place, the county road map update needs to be completed, and a form created for the public to come into the county building to fill out to request service. 

• Commissioner Tapia's statements:  "we need to get our map finished of the roads, which ones are green which ones are red and then we need to sit down and maybe go over the last five years of miles that have been taken off and figure out what that is and then we need to come up with application of some sort so that, I think at this point that we start saying it’s a county road and so we should just make it red, I think we are opening up a flood gate there too, cause then we’re gonna have lots of other people in the county that has a county road and its green and so they want it red, I think we need to come up with our policy, our procedure of going from a green road to a red road and then actually having the documentation of them coming in and filling out the form and having reasons . . ."

Although I agree with Tapia that there needs to be clear ordinance and policy, I disagree with her stance that any of those things provides a one size fits all approach to decision making.  Our commission members job is to interpret all of those things and apply those interpretation in the decision making process. 

As for changes to the county road maps, considering the fact that there is already confusion between commission members, road department, staff and the public any changes to the county road map should involve public hearings to allow the public to advise and counsel the county.  More on those thoughts in another post.

For me the best verbiage from this agenda item is as follows; 

• Commissioner Freyburger:  I think we should have some way that we can determine the safety of the people that live on a road.  You know, I can understand Commissioner Tapia’s concern with there only being  two residents living on it, but then when we hear, you know, that during fire, ah, you know that its utilized considerably.  I think that the ordinance may need to have some kind of by line in it that say because the commission said so.
   
  (Laughter)
   
  Commissioner Chavez-Gutierrez:   And I like that because I think the Commission should have some authority, I mean, that’s why were elected.
  Commissioner Chavez-Gutierrez:   . . . Well this issue is never going to please anyone or everyone all at the same time, there is always, everyone has a different opinion.
  
  If you live down a good nice road it’s easy to shake your head and say, well I don’t think the commission should be doing this and I don’t think the commission should be doing that, but if you never lived on one of those roads, and if you, like Mr. Tollr has given his whole life to living in that area while he was well able and his body was able and he had the equipment, he did it on his own. 
  But he is now at a point where, who knows how much longer he’s going to be able do it and I appreciate that you did that work and I do want to, I do want to switch it over.  And I do want a sitting commission to have some sort of authority, um, over their roads and over their district. 
  
  Now there’s an extent, you don’t have to, um, that was in my district last year when a guy called saying I’m disabled, I’m sick, I need propane, I was at the hospital my dad was having a heart attack and I called, I don’t know, the manager, I called Martin, I called one of the commissioners what can we do, can we coordinate something, you know you can’t control if someone is going to lie to you and they are trying to get Direct TV, you know I was so upset because I was fighting, I was fighting for that service and then that’s what they do so then I look like a laughing stock and a joke.
  
  But there may be a time where there’s an elderly person that needs help and that’s our job!  We Work For The People! We have the authority at this table to make this change if we so desire.  People want to sue us, I mean we always get law suits against us, I am not proud of that, but you elect us for a reason, and if you don’t like the decisions that we make, when we put our name on the ballot next time, then were sorry but you don’t have to vote for us again.  

Great Job Commissioner Chavez-Gutierrez and Commissioner Lonnie Freyburger!