Clerk/Auditor
Minutes
Duchesne County
Commission Meeting

Duchesne County
Commission Meeting

The following document has been re-formatted from the original for Internet accessibility.  County Commission Minutes, in their original format, are available through the Office of the County Clerk/Auditor.

MINUTES FOR REGULAR COMMISSION MEETING HELD OCTOBER 7, 2002 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Lorna Stradinger, Commissioner Larry S. Ross, and Commissioner Guy R. Thayne

Others Present:  Road Supervisor Douglas Nielsen, Deputy Attorney Roland Uresk, Angela Eddington from the Uintah Basin Standard, and taking minutes Deputy Clerk/Auditor Carol Casey

Prayer: Commissioner Ross
Pledge of Allegiance

Road Items:  Mr. Nielsen stated that the rain last week had put the road department behind with fogging the newly paved roads.  They should be finished tomorrow.  The paving on the Pariette Road will be finished this week.  The road department will be hauling salt from Grantsville.  The salt was purchased for $15.50 a ton to mix with sand at a ratio of 33% salt to 66% sand for winter ice removal on county roads.

...............Floyd Lyons, Ken Ralphs, Mike & Sandy Beath, Brad & Cindy Jensen joined the meeting...............

Re-certification of Justice Court

RESOLUTION 02-11
A RESOLUTION REQUESTING THE RE-CERTIFICATION OF THE DUCHESNE COUNTY WEST PRECINCT JUSTCIE COURT

WHEREAS, the provision of U.C.A. 78-5-139(3) require that Justice Courts be Re-certified at the end of each four-year term, and

WHEREAS, the term of the present Court shall expire on the 31st day of December 2002, and

WHEREAS, the members of the Duchesne County Commission have received an opinion letter from Roland Uresk, Deputy County Attorney which sets forth the requirements of the operation of a Justice Court and feasibility of continuing to maintain the same, and

WHEREAS, the members of the Duchesne County Commission have determined that it si in the best interest of Duchesne County to continue to provide for a Justice Court.

BE IT RESOLVED, the Board of Duchesne County Commission hereby requests re-certification of the Duchesne County West Precinct Justice Court by the Justice Courts Standards Committee and the Utah Judicial Council.

BE IT FUTHER RESOLVED, that the Board of County Commission of Duchesne County hereby affirm their willingness to continue to meet all requirements set forth by the Judicial Council for continued operation of Duchesne County West Precinct Justice Court for the next four-year term of court, except as to any requirements waived by the Utah Judicial Council.

 

RESOLUTION 02-12
A RESOLUTION REQUESTING THE RE-CERTIFICATION OF THE DUCHESNE COUNTY EAST PRECINCT JUSTCIE COURT

WHEREAS, the provision of U.C.A. 78-5-139(3) require that Justice Courts be Re-certified at the end of each four-year term, and

WHEREAS, the term of the present Court shall expire on the 31st day of December 2002, and

WHEREAS, the members of the Duchesne County Commission have received an opinion letter from Roland Uresk, Deputy County Attorney which sets forth the requirements of the operation of a Justice Court and feasibility of continuing to maintain the same, and

WHEREAS, the members of the Duchesne County Commission have determined that it si in the best interest of Duchesne County to continue to provide for a Justice Court.

BE IT RESOLVED, the Board of Duchesne County Commission hereby requests re-certification of the Duchesne County East Precinct Justice Court by the Justice Courts Standards Committee and the Utah Judicial Council.

BE IT FUTHER RESOLVED, that the Board of County Commission of Duchesne County hereby affirm their willingness to continue to meet all requirements set forth by the Judicial Council for continued operation of Duchesne County West Precinct Justice Court for the next four-year term of court, except as to any requirements waived by the Utah Judicial Council.

Motion:   Commissioner Ross made a motion to approve Resolutions 02-11 & 02-12.  A resolution requesting the re-certification of the East & West Precinct Justice Court.   Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Appointment of Representative from Duchesne Count as Regional Disaster Mitigation Board Member

Motion:   Commissioner Thayne made a motion to appoint Georg Adams as Regional Disaster Mitigation Board Member.  Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Appointment of Teresa Nielsne to Tri-County Area Community Development Planning Committee

Motion:   Commissioner Thayne made a motion to appoint Teresa Nielsen as Tri-County Area Community Development Planning Committee Member.  Commissioner Ross second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Discussion and Approval of Supplement to Duchesne County General Plan  The county general plan is a fairly outdated document and the plan is very significant to the Bureau of Land Management Resource Management Plan.  The commission has decided to have a consultant review the plan and the suggested revisions.

Auditor's Office - Vouchers - Tax Adjusmtents - Personnel Issues - Time Sheets - Tax Adjustments - Assessor

Vouchers:   Deputy Clerk/Auditor Becky Norris presented vouchers #81135 to #81234 totaling $462,238.20 for approval.

Motion:   Commissioner Thayne made a motion to approve the vouchers.  Commissioner Ross second.  Motion carried. Roll Call Vote:  All Commissioners Voting Aye.

Personnel Issues:  Judy Mutton presented the names of persons who will be hired for the Control Room Operator at the Justice Center and the Motor Vehichle Office in Roosevelt.

Altonah Townsite Streets - Floyd Lyons & Ken Ralphs
Deputy Attorney explained to the commission that the issue being brought before them today is regarding Mr. Lyons and Mr. Ralphs trailing cows through old Altonah townsite street.  Historically the cattle have been trailed through the townsite right-of-way for many years.  Mr. Jensen, a landowner is saying they cannot take the cows through.  According to Attorney Uresk there is one spot where the cattle trail goes onto private property to pass by a canal.

Commissioner Thayne asked about the location of the cnal relative to the street.

Mr. Jensen presented a plat map outlining the townsite, the canal, and the trail the cattle have been using.  The canal crosses the right-of-way twice.

Mr. Lyons stated that he has used the right-of-way to trail cattle for over fifty years.

Attorney Uresk stated that the townsite streets are on record as county roads.  The issue of vacating the townsite streets is the only action the commisison has authority to take.   All other complaints are a civil issue.

The commission will take the right-of-way issues regarding the old Altonah townsite under advisement.  Attorney Uresk will notify all intersted parties of their decision.

Motion:   Commissioner Ross made a motion to have a short recess until the 2:00 PM public hearing.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

...............John Davis, Alarik Myrin, Alarik F Myrin, Deron Wilkerson, Jon Wilerson, J Paul Miles, Lorna Miles, Keith Mortensen, Chet Hansen, Charles Hansen, Dan Ross, Carl Ross, Leon Ross, Tara Lee Ross, Ned Ross, Jolene Daniels, Leroy & Nancy Pectol, Doug Ady, and LeGrand Gilbert
joined the meeting...............

Approval of September 23, 2002 Commission Minutes - The minutes were reviewed.  Motion:   Commissioner Ross made amotion to accept the minutes with corrections.   Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

2:00 PM Public Hearing - Vacation of Class B & D Roads
Deputy County Attorney Roland Uresk stated that the county has not decided to vacate the roads yet.  The procedure is to first notify property owners.  The public hearing today is for the commission to hear comments from the property owners and the public reagrding the vacation of certain Class B & D County Roads.  Over the next few weeks the commission will consider the comments and letters received.  If the county vacates a street, it only vacates that right of the public to go across that particular road-way.  The Utah State Statues provides that the county can vacate the public's interest in right-of-way's on any public street.  It does not affec thte private property owners right to go across the property to access their property.

There are only a few roads but they cover a lot of territory so we will start and go area by area take public comment and then move on to the next one.  These requests have come from Granita Park and Alarik Myrin.  (display board was posted with maps of roads being considered)

Class "B" Roads:
County Road 81 T2S, R3W, Seciton 32 located in Arcadia.  Mr. Alarik Myrin requested that this road be vacated.

Comments:   Alarik Myrin...
"There are three principles I would like to get into before we get specific with each road.  First, there are no public lands involved.  These roads do cross private property and in these specific roads it is our property it crosses.   We are not interested in taking anyone's valid existing rights for access to their property.  We couldn't do that if we wanted to.  We want to make that clear at this point so that there is not a misunderstanding.  We do want to maintain our constitutional right to own our property and have control of it.  Those are the three principles I wanted to express.  This specific road is the road that goes from our gates and to our homestead there in Arcadia where Rik's house is and shop and so on.   That road itself only involves us and there is no public purpose there.  We ask that it be taken off because we have had trouble with vandalism, trespassing and poaching.  I have comments written that I want to present."  (written comments of Myrin Ranch, Inc. attached)

Comments:   Leon Ross...
"I'm quite familiar about this area.  As a real small boy I lived up there.  This road has been a county road for over sixty years all the way up to the house.  It's been maintained, and it's been graveled by the county.  When I was a young boy at Christmas time one time my folks could not make it to the house on the road.  My sister and I felt so bad because my folks could not get our Christmas to us.  Since then the county has spent money on the road.  This is not oil tax money the county used.  It was tax money from the poor people of the county coming out of their milk checks and so on.  Since then my family has leased it, Myrin's have leased it and now have bought it, but that doesn't give them any right to run a pivot across a county road.  I think that this road should be put back into the state that it was in before the pviot went on it.  I've given people permission to go to my property beyond there and Myrin's have stopped them and told them they would have them arrested for trespassing.  I think we should have more of a neighboryly deal here.   It is nice to be able to drive up the road to look at the scenery.  It's like driving through the Grand Canyon.  Alarik has been in the House of Representatives, and anyone who has represented the people should know that people have rights.  The people built this road, he didn't and he shouldn't lock people out.  If he wants to put a cattle guard in there that's fine, but people should be able to get in there."

Commissioner Thayne asked Mr. Uresk if the road that was being talked about wnet further than the Myrin Ranch.  Commissioner Stradinger asked:  "Do I understnad that this county road goes through private property to the property owner's home?  Does the road then end at the home-site?"  All parties agreed that the road stops at the home.

Comments:   LeGrand Gilberts...
"I've lived by this property all my life an I would not oppose this road being closed if the county would maintain the alternate route built by Mr. Myrin."

Attorney Uresk stated that the county has no interest in graveling and maintaining the alternate route.

Class "D" Roads:
T2S, R3W Sec. 28, 29, 32, & 33, T2S, R4W, Sec 13, T3S, R4W Sec 1 & 12 located in Arcadia.  Mr. Alarik Myrin requested that this road be vacated.  This road is a turn-of-the-century wagon road that, according to varying accounts, traversed a portion of the Myrin Ranch and ends at the Johnson-Denning south property line.

Comments:   A John Davis III, Attorney representing Myrin Ranch Inc...   "Our review has shown that there is no legal basis for the county to continue to claim the roads which are on Myrin private property as county roads.  There are basically four ways upon which a county can obtain rights over private property for county roads, either by gift, by purchase, by condemnation, or dedication by public use.   There is no record of a gift, there is no record of a purchase, there is no record of condemnation, so it has to be dedication by public use and that would be dedication by use by the public not by private people accessing the property, but by the public over public lands for a period of ten years.  In this case all the people who have gone through Myrin property have been for private purposes to Myrin's private land.  It's not a public road, and that's our bottom line.  The road should have never been put on the map in the first place.  No one has given us an explanation as to why it's been on the map.  It should be taken off the map.  It's not a public road.   This does not mean that these prviate landowners don't have a right of access.   They may or they may not.  It depends on whether they can establish prescriptive use or oral agreement through the years with the Myrin Ranch folks."

Commissioner Ross questioned of Attorney Davis the authority of the county to vacate a road that may have been "dedicated by use" to the public in the past years, but is no longer being used as a public thoroughfare.

Mr. Leon Ross made comments regarding the road in section 29.  He would like it to remain open for public use.  He uses the road to access his property, and he would like his friends and family to be able to use the road.

Mr. Keith Mortensen, representing Dry Gulch Irrigation and Moon Lake Water Users, stated that Dry Gulch Irrigation is aware that they contain prescriptive right-of-ways and that is not a concern at this time, in fact they support the road vacations.  Mr. Mortensen requests that the prescriptive right-of-ways be recorded for reference in the future.

The road in section 33 was used for access to a head gate on the Uteland canal.  Another route is now used for access to the canal.  In 1978 this road was put on the "D" road system.

Class "D" Roads:
T3S, R3W Sec. 5, 6, 7, 8, 17, 18, 24, located in Arcadia.  Mr. Alarik Myrin requested that this road be vacated.  This road is by and in the Granita Park area.

Comments:   Doug Ady (Granita Park)...
"I am Doug Ady and I run a boy's ranch at Granita Park.  In the past we have had some problems.  In one instance, some trespassers came onto the property and went fishing.  The fishermen left beer and cigarettes where they had been.  Boy's get into enough trouble by themselves and don't need any help.   Anyway, the boy's made good use of the beer and cigarettes.  Other times we've had people come up there driving 90 miles an hour.  In the past there has been problems with the teens having access to cars parked along the road.  We feel that we should be able to monitor the traffic coming into our private property and make it safer for the boys and the staff.  It would be beneficial to our program at the park if public access could be limited.  We would support the vacation of these roads. 

Mr. Leon Ross commented that he often travels on the road in Sec 7 & 8 to visit family member and would like to have permissin to continue to do so.

Mr. Charles Hansen, adjoining property owner of Granita Park commented that they have continued problems with teenagers having parties on the property at night.

Commissioner Ross stated that he had received a telephone call from Mr. Ed Whicker opposing the closure of the road going through Granita Park to Bluebench.  Mr. Whicker has property on the east edge of the bench.

Comments:  Alarik Myrin...
"In section 24 there is a road that goes through two hayfields and ends up at a wash.  It's right across from Jim Freston's house.  Stan Keller needs to use this road to irrigate his fields which he had a right to do.  The ditch company needs access to clean the canals and they have a right to do that also."

Commissioner Ross clarified that this road goes out into the field and ends in the field at a wash appox 3/4 of a mile.

Comments:  Deron Wilkerson...
"In Sec. 17 we counted over 40 property owners that access their property by this road.  These people did not receive any notification of the closure.   There is a cemetery there and there should be public access to that.  I can understand people trying to protect their property.  We would not oppose closing the road if they would grant easements to adjoing proeprty owenrs.  When a road is taken off the public road system each of these property owners will have to go to court to prove the access."

Class "D" Roads:
T3S, R3W Sec. 8 & 9 located in North Myton Bench and Ioka.  Mr. Alarik Myrin requested that this road be vacated.

Comments:  Alarik Myrin...
"We request to have roads 1, 7, 8 on our map vacated.  We searched the county records and there is not a record of this road being a county right-of-way.  Kim Killian and I improved the road enough to get our crops out of the fields.  When the Class C Canal was built they improved the road both times without county help.  We had a house down there and it was totally destroyed by vandals to the point that we had to tear it down and remove it.  The previous landowner locked the road beyond where the house is with a gate.  There is no public purpose there where that road is.  There is also a road that comes in from Burk Lindsay's house.   That road has not had public access from our side because the gate has been locked.   The Mile's, who are here, have land back in there and if you close all of those roads off they would have a prescriptive easement there which they should have because they have a right to use it."

Commissioner Stradinger stated that she received a phone call from Mr. Burk Lindsay stating that he is in favor of the county vacating a "D" road from his home west.

Comments:  Paul Miles...
"I'm Paul Miles and this is my wife Lorna.  I'm getting old, my memory is still good.  We received a letter from Roland Uresk stating that certain class D roads would be considered to be vacated.  We, Paul and Lorna Miles request that the road located on 7000 West South to 4000 South remain in the county road system for the following reasons.  It is the only public access to our property.   If it is closed we have no way to get to our property.  The irrigation company also uses this road during the summer and needs access.  This road has been a county road ever since homesteaders came in.  My grandfather homesteaded the property.   I want to get along with my neighbors, but I would also like to have access to my property."

Mr. Mortensen requested that a perspective right-of-way for the water companies be noted for sections 8 & 9.

Commissioner Stradinger read a letter from Mr. Henry Chin objecting to all vacating of county B & D Roads (see attachment)

Attorney Uresk informed everyone that the commission will take written comments until October 21st, the legal time required for comments.

Proposed Expansion of the Myton Housing Authority
Housing Authority of the Uintah Basin Director Jolene Daniels stated that the Myton Housing Authority wishes to expand in order to provide decent, safe, and sanitary housing for residents throughout the county.  The Federal program requires that the commission pass a resolution to expand the housing authority.

Proposed Expansion of the Roosevelt Housing Authority
Mrs. Daniels also presented the resolution for expansion of the Roosevelt Housing Authority.

The following are items to be considered in deciding whether or not to expand jurisdiction to include Duchesne County.

• Allows all low-income residents the opportunity to receive rental assistance.

• Allows all landlords within the county to participate in the program provided their rental units pass the required inspection.

• Provides a larger number of rental units for program participants to select from.

• Applicants living outside Roosevelt City or Myton City but within Duchesne County would not be required to relocate to the city to receive rental assistance, provided the rental unit passes the required inspection.

• Does not increase the amount of funding or number of vouchers authorized by HUD.

• Does nor require Duchesne County to provide any funds or property to the Housing Authority to finance the administration of the program.

• The County Commission may have a representative on the Housing Authority Board.

The resolutions will be scheduled for review and possible adoption in the October 21st commission meeting.

Adjournment: 

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