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 JUNE 23, 2003
BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Larry S. Ross, Commissioner Lorna Stradinger, and Commissioner Kent Peatross.

Others Present:  Deputy Attorney Roland Uresk, Road Supervisor Douglas Nielsen, and Carol Casey taking minutes.

Prayer: Commissioner Ross
Pledge of Allegiance

Road Items: Mr. Nielsen presented for signature the Cooperative Agreement for the Right-of-Way Acquisition and Reimbursement on Project No. STP-1544(1)5 Arcadia Road. A check for the matching amount of $3,757.35 should be made out to UDOT.
Motion: Commissioner Peatross made a motion to accept the agreement for right-of-way acquisition and reimbursement in the amount of $3,757,35. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Mr. Nielsen stated he has received vouchers for everything not covered in the 80/20 funding. These are additional project costs and non-participating charges outside the STIP funds. The commission asked Mr. Nielsen to keep a running total on the vouchers as they come in.

Mr. Nielsen stated they will finish paving in the Tabiona area today.

Mr. Nielsen also stated that as part of the preservation/maintenance process the road department intends to do two miles of overlay on CR 92 in the Utahn area, and two and a half on the Strawberry River Road from Highway 40 to the first bridge. The overlay will cost $143,000.

The roto-mill will start on Highway 40 tomorrow and the county will have one truck hauling the product to a county road west of Myton. Horrocks Engineers will test the product for oil content.

Commissioner Ross stated he has received word from the forest service that they will be working the road in Timber Canyon above the forest boundary.

...............Sueann Poff and Roosevelt City Mayor Lloyd Burton
joined the meeting...............

Auditor's Office - Tax Adjustments - Vouchers

Approval of June 16, 2003 Commission Minutes: The minutes of June 16h were reviewed and corrections made. Motion: Commissioner Stradinger made a motion to approve the minutes as corrected. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

Vouchers: Deputy Clerk/Auditor Becky Norris presented vouchers #83949 - #84007 totaling $86,698.31 for approval.  Motion: Commissioner Peatross made a motion to approve the vouchers. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye

Time Sheets: Deputy Clerk/Auditor Leann Stewart presented the department head time sheets for review.

Tax Adjustment - Treasurer

Account #	Credit/ Debit	Comment
00-016-9718	-$10.00	Penalty waived due to early payment
00-016-9718	-$10.00	Penalty waived due to early payment

Motion: Commissioner Stradinger made a motion to approve the tax adjustment as recommended by the treasurer. Commissioner Peatross second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

The commission stated that as of July 1st the county will exercise the clean-up ordinance.

2:00 PM Public Hearing - Zone Change Changing A 2.5 Agricultural Zone to a C Commercial Zone, E1/2 of Lot 3, BLK 6, Plat "A" in Neola .41 Acres

Present: Ed Wilkerson, Charles Gray John & Lola Reed, Gale McKeachnie, Teresa Nielsen, and Ron Mitchell

Planning & Zoning Director Teresa Nielsen stated that Mr. Wilkerson is proposing a commercial zone in the Neola townsite for the purpose of installing storage units. The planning commission has given a favorable recommendation.

Mr. Ed Wilkerson stated that the access will be from the side street and not from Uintah Canyon Highway. He plans on having ten 10 X 10 units and four 5 X 10 units. The units will be sided with aluminum siding and he intends to use a color that will coordinate with the area.

Commissioner Ross asked if there were anyone had comments regarding the zone change. No comments were made.

Motion: Commissioner Peatross made a motion to approve the zone change. Commissioner Stradinger second. Motion carried. Roll Call Vote: All Commissioners Voting Aye.

2:30 PM Public Hearing - Vacation of Certain Class "D" Roads in the following locations, T2S, R3W All in Sections 8,13,14,15,16,17,21,22,23, & 24 Located in the Big Sand Wash Area. T1S, R8W All in Sections 1,2,11, & 12 Located in the Hanna Area

Present: (See Attachment in Clerk's Office)

Commissioner Ross stated that the commission would take comment on the request made by Max Giles to vacate the county's interest in two roads crossing his land in the Hanna area.

County Attorney Roland Uresk advised everyone that the vacation does not affect the use by private landowners. It does affect the general publics use of the roads. Mr. Uresk asked for comment on the roads in the west side of section twelve and section one. This road was petitioned by Max Giles to be removed from the county D Road system. He stated that this road had not been used by the public and has always been gated. It only goes into his property. Mr. Giles was not aware they were county roads. He owns all the property they are on.

Max Giles asked how the road had become a county road without his knowledge.

Commissioner Ross stated that in 1976 the Federal Lands Management Policy Act defined RS2477 road on public lands. In 1978 the State Legislature required aerial photos on private land that had roads. These roads were declared D Roads at that time. Max and Tom Giles commented that this road did not meet the public access requirements.

The next road to be addressed was the road accessing Terra Del Sol Subdivision. It starts at 7000 North in section eleven.

Attorney Gayle McKeachnie, representing John Reed stated that the road goes through the subdivision owned by Mr. Reed. The subdivision was platted in 1982, it has 17 lots Mr. Reed still owns seven. The plat designates the road as access for the subdivision. Mr. Reed has purchased water from Hanna Water District. The county had given Hanna Water & Sewer District easements on county roads in the Tabiona and Hanna areas. This road is included. In order for Mr. Reed to sell his lots, owners must be able to build where there is water and a public access. Title insurance policies are issued based on the fact that there is a county road on the plat map.

Teresa Baker, Farm Home Title, addressed the commission. She stated that insurance policies say access is available based on the plat maps. The land to the northeast is owned by Fabrizio Enterprises and will be affected if the road is vacated.

Wayne Frandsen stated that he has been traveling the road for forty years and has never seen the public using the road and during that time it has been gated.

Carol and Richard Rasmussen stated they live at the bottom of the road. They have lived there for over twenty years and have never seen the gate closed. There is traffic traveling the road daily.

Lloyd Roberts stated that he hauled wood with a team and wagon on the road in 1928.

Attorney Roland Uresk stated that a public right-of-way is established if a road is used for ten years at any point in time. The maps show the road being there in 1978.

Kriss Sweat stated he has been crossing the property for years. The gates were there since 1968.

Attorney Roland Uresk stated that gates or trespassing signs are not enough. The owner must act if someone trespasses on his land.

Commissioner Ross stated that a decision will be made next Monday during commission meeting.

Sandwash Road Discussion
The commission addressed the road vacation request made by Kevin Rowley in the Sandwash area.

The road is east of the county road in sections twenty-four and nineteen.

Debra Walker stated that she has lived in the area for twenty-five years during which she has been able to use property beyond Mr. Rowley's property for family picnics and observe wildlife with the owners permission.

Kevin Rowley stated that he intends to fence his property for raising Elk. He wants all rights afforded as a property owner.

Brent Brotherson stated that the road ends in his hay field and he has a problem with four-wheelers using the road to tear up his fields. He supports the road vacation.

Commissioner Stradinger is concerned when State mandates leave property owners with no rights to control use and abuse of their private property.

Gil Mitchell stated that the road on the west side of the lake in section seventeen and eight goes through his property. It has been gated for twenty years and he would like the road vacated.

Steve Evans stated that the road goes through his property. He supports Mr. Mitchell's request.

There was also concern regarding public access to Sandwash reservoir. Private landowners to the east and north sides of the lake are controlling the access to the edge of the lake for fisherman.

The commission will review the information and requests received today. A decision will be made next Monday in commission meeting.

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