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 NOVEMBER 18, 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 County Attorney Roland Uresk, Angela Eddington reporter for the Uintah Basin Standard, Kent Peatross, Alarik Myrin, and Deputy Clerk/Auditor Carol Casey taking minutes.

Prayer: Commissioner Thayne
Pledge of Allegiance

Road Issues:  Mr. Nielsen stated that the road department is currently doing shoulder work on roads in the county.  They will work on roads in the Pinion Ridge area on the west side of the county next.

Commissioner Ross asked Mr. Nielsen to look into doing some work on the roads in the Heartford area.   Mr. Nielsen stated that they try to get to the roads in Heartford as soon as possible.

Commissioner Thayne asked if the county surveyor Jerry Allred has finished platting the county Class B & D roads.  Mr. Nielsen stated that he had.

Discussion and Adoption of Ordinance 02-196
Commissioner Thayne clarified with Attorney Uresk that the county is giving up the public interest only in the Class B & D roads in Ordinance 02-196.  Those property owners having valid existing rights will not be jeopardized by the vacation of the Class B & D roads.  Attorney Uresk agreed.

Mr. Myrin stated that the Johnson family is the only landowner with a valid right to cross his property.  "If Mr. Johnson wants to grant the landowners that adjoin his property easements to cross his property I will also hnor those easements." stated Mr. Myrin.

ORDINANCE NO. 02-196
AN ORDINANCE VACATING CERTAIN CLASS "B" AND CLASS "D" ROADS IN TOWNSHIP 2 SOUTH RANGE 3 WEST USM; TOWNSHIP 2 SOUTH RANGE 4 WEST USM; TOWNSHIP 3 SOUTH RANGE 2 WEST USM; TOWNSHIP 3 SOUTH RANGE 3 WEST USM; and TOWNSHIP 3 SOUTH RANGE 4 WEST USM.

WHEREAS Duchesne County has a certain Class "B" road located in Township 2 South Range 3 West USM, and certain Class "D" roads located in Township 2 South Range 3 West USM; Township 2 South Range 4 West USM; Township 3 South Range 2 West USM; Township 3 South Range 3 West USM; and Township 3 South Range 4 West USM, more particularly described in attached Exhibit "A".

WHEREAS Myrin Ranches and Alarik Myrin and Granita Park, owners of a majority of the acreage effected by these Class "B" and Class "D" roads, have requested that the county vacate the public's interest in some or all of those roads; and,

WHEREAS the county has reviewed these roads and the role these roads play in the county's overall road and access plan; and,

WHEREAS the county has determined that these roads are not necessary for the county's road, transportationa nd access plan; and,

WHEREAS the County has conducted a public hearing on October 7th, 2002, hearing input from the public and hving noticed all parties by way of publication, and for good cause shown,

BE IT HEREBY ORDAINED as follows:  The public's interest in the following roads is hereby vacated, to wit:

Class "B" (County Road 81) Vacated from the gate to the Myrin property located on County Road 81, approximately on the north line of the South one-half of Section 32, Township 2 South Range 3 West USM, thence North to the house.

Class "D"
Township 2 South Range 3 West USM
Section 28:  All Class "D" roads
Section 33:  All Class "D" roads

Township 2 South Range 4 West USM/
Section 13:  All Class "D" roads

Township 3 South Range 2 West USM
Section 8:  All Class "D" roads
Section 9:  All Class "D" roads

Township 3 South Range 3 West USM
Section 5:  All Class "D" roads
Section 6:  All Class "D" roads
Section 7:  All Class "D" roads
Section 8:  All Class "D" roads
Section 17 and Section 18:  The Class "D" road commencing on the north line of Section 17 thence west through Section 18 to the point in intersects with the Class "D" road which crosses the south portion of Section 18.
Section 24:  All Class "D" roads;

Township 3 South Range 4 West USM
Section 12:  All Class "D" roads

The vacation of said roads shall only operate so as to terminate the public's interest in said road and shall not affect any private landowner's valid existing rights, including utility easements existing of record.

Motion:  Commissioner Thayne made a motion to adopt Ordinance 02-196 vacating Class B & D roads in the Arcadia area.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioenrs Voting Aye.

...............Fred Tew, Alma Richens, Chandra Sorenson, Kim Osborn, Tom Golinski, Roy & Lori Casper, Wilber Hammond Jr., Wilber Hammond III, Randy & Saide Taylor, Gerald Wilkerson, Deron Wilkerson, Irene Hansen, Lee Moon, Beaver Duncan and Teresa Nielsen from Planning & Zoning
joined the meeting...............

2:00 PM Public Hearing - Vacation of Class D Roads in T2S, R5W, Sections 4, 9,10, 15, 16 & 27 Steamboat Mountain Area
Attorney Uresk stated that this public hearing is the result of a request from a property owner to vacate Class D roads in the Steamboat Mountain area.  The road easement was originally purchased by Shell Oil.  The purpose of this hearing is to take ocmments from the public.

Property owner Fred Tew explained to the public the reason he wishes to close the road is because when the county adopted the road as a county Class D road it was taken illegally.  The public abuses the land, distrubs, and kills the animals.

Mrs. Chandra Sorenson, stated that the road is an access road to her property on Steamboat Mountain.  Her contract states she has right to her land through the road in question.  The road has been made an access road to a subdivision.

Mr. Wilber Hammond stated the road is on the subdivision map of Grand View Estates as a public access D road to the subdivision.  It was signed and approved by the county planning commission and the county commission.

Mr. Tom Golinski has 80 acres which is also accessed by the road in question.   Mr. Golinski want sto know the county criteria for closing the roads.

Commissioner Thayne stated that landowners with valid existing rights will not be affected.  It will not change rights to access their land.

The commission has inspected the road, and they found that the road goes through the middle of Mr. Tew's property.  One of the options commission is considering is moving the road to one side of the property.  The landowners will have access on this new road.

Mr. Gerald Wilkerson read a letter of opposition from Leigh Trust.  (see attachment)  He also commented that the road has been there long enough that it should be established as a leagl right-of-way.  There were also letters oposing the vacation from Chandra Sorenson, Diane Hall Benita Tayco Balmforth, Ricky Lamar Balmforth and Larry Peck.  A Phone in opposition from Glenn Robinson was also received by the clerk's office.

Attorney Uresk stated that the road was put on the county D road map when the state legislature required all roads be designated.  They designated the road on Mr. Tews property as a county Class D road.  There is a rule that if the road has been used by public for ten years it should be considered a public road.  There are a lot of issues to consider regarding this road.

Mr. Randy Taylor was concerned about the cost of building a new road.

Commissioner Ross stated that the proposal of a new road is to satisfy past mistakes made by the county many years ago.

Mr. Myrin commented that in the early years of the county a lot of the now D roads were in strange places such as to farmers stack yards.  When they were drawn as county roads they were taken from the owners without their knowledge.

Mr. Hammond feels that if the ocunty sets a precedent of relocating that road there will be a domino effect.

Commissioner Ross stated that the new road would be a Class B road which will be maintaned by the county and qualify for funding.  He does not agree that it will set a precedent.

...............Assessor Greg Garff and Deputy Assessor Sharon Parry joined the meeting...............

Business Property Tax Issues - Beaver Duncan
Mr. Duncan stated he has received a business audit from the State of Utah on his propane tanks.  The surprise billing from the state has created a hardship on Mr. Duncan's business.  Mr. Duncan did not know that the tanks were taxable he assumed they were covered in the property owners tax.  He has never paid a tax on the tanks before.  Assessor Greg Garff stated that it is a three-year audit and that the tanks are taxable even though Mr. Duncan is leasing them to his customers.

The commission discussed the options for Mr. Duncan to appeal the tax andthe timeliness of the billing from the State Tax Commission.

Attorney Uresk stated that the county commission may have the authority acting as the BOE to adjust the billing.

Mr. Duncan will return in two weeks to meet with commission during their morning work session, this will allow Attorney Uresk time to review the matter.

Dinosaurland Travel Board Annual Marketing Plan - Laurie Olmstead   Mrs. Olmstead presented the 2003 Dinosaurland Travel Boards marketing plan.   She basically talked about the current trends for tourism.  During the Olympics there was an increase in the basin, but currently tourism is down.

The commission thanked Mrs. Olmstead for her presentation.

Auditor's Office - Vouchers - Tax Adjustments - Personnel Issues - Department Head Time Sheets

Vouchers:  Deputy Clerk/Auditor Becky Norris presented vouchers #81531 to #81583 totaling $61,187.30and #81584 to #81727 totaling $702,457.87 for approval.

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

Time Sheets:  Deputy Clerk/Auditor Leann Stewart presented department head time sheets and a request for tax abatement to the commission for review.

Tax Adjustment - Auditor

Serial/Account	Year	Debit/Credit	Comment
000148811	01-02	-$135.00	Illness unable to work

Tax Adjustments - Assessor

Serial/Account	Year	Debit/Credit	Comment
0163786	2002	-$2.70	Corrected Assessment
0034300	2002	-$28.77	BOE adjustment
0034268	2002	-$14.42	BOE adjustment
0034243	2002	-$28.77	BOE adjustment
0034250	2002	-$58.09	BOE adjustment
0034276	2002	-$14.42	BOE adjustment
0024731	2002	-$840.48	Adjustment to personal property state audit
0272850	2002	-$208.44	Home burned in 2000
0272850	2001	-$123.57	Home burned in 2000
0081780	2002	-$63.25	Takne of MH
0081814	2002	-$1108.59	Greenbelt reinstated, roll back tax removed
0134092	2002	-$63.08	Error in acreage, adjusted land value
0134092	2001	-$62.29	Error in acreage, adjusted land value
0134092	2000	-$63.71	Error in acreage, adjusted land value
0145775	2002	-$196.09	Double assessed on mobile home
0071021	2002	-$34.22	Appraisal error

Motion:   Commissioner Ross made a motion to accept the assessor' tax adjustments and the abatement presented by Deputy Clerk/Auditor Leann Stewart.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Approval of October 28 & November 4, 2002 Commission Minutes - The minutes were reviewed.

Motion:   Commissioner Thayne made a motion to accept the minutes with corrections.   Commissioner Ross second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

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