Opening Comments
Commissioner Ross gave prayer. He asked if there were
further comments. There were none.
Pledge of Allegiance
Any wishing to participate.
Road Items
Mr. Nielsen stated he has spoken with Rex Harrison of
Horrocks Engineers and there will be a meeting on Wednesday,
September 1, 2004 to discuss the construction progress of the
Lake Fork Bridge Project. He presented Pay Request #1 for the
Lake Fork Bridge Project in the amount of one thousand, four
hundred forty-eight dollars and forty-six cents ($1,448.46). He
stated one point eight percent (1.8%) of the work is completed.
Commissioner Stradinger motioned to approve Pay Request #1 for
the Lake Fork Bridge Project. Commissioner Peatross seconded the
motion. All commissioners voted aye and the motion passed.
Mr. Nielsen presented Pay Request #18 for the Bridgeland Bridge
Project in the amount of eleven thousand, nine hundred fifty-one
dollars and thirty-three cents ($11,951,33). He stated fifty
seven percent (57%) of the work is completed. Commissioner
Stradinger motioned to approve Pay Request #18 for the
Bridgeland Bridge Project. Commissioner Peatross seconded the
motion. All commissioners voted aye and the motion passed.
Mr. Nielsen stated the Road Department is continuing to chip the
roads and should be finished this week. He stated they have
chipped the road improvement projects east of Altamont and will
continue to Talmage. He stated he has received a request from
Duchesne City for assistance to improve one (1) mile of road in
the city. He stated the city would provide the chipper, chips
and oil. They are asking the county to provide trucks, broom and
roller. He stated the project would cost approximately three
thousand dollars ($3,000). Commissioner Peatross motioned to
approve assistance to Duchesne City to improve one (1) mile of
road in the city. Commissioner Stradinger seconded the motion.
All commissioners voted aye and the motion passed.
…Deputy County Attorney Roland Uresk joined the
meeting…
Approval of Contract with Basin Industries for Services in
County Clean-Up Projects
Attorney Uresk stated this contract is not complete. It will be
scheduled for approval next commission meeting.
Approval of Contract with Office of Recovery Services (ORS)
Attorney Uresk stated this is a contract with ORS for service to
the county in recovering certain debts. Commissioner Peatross
motioned to approve the contract. Commissioner Stradinger
seconded the motion. All commissioners voted aye and the
motion passed.
…Deputy Treasurer Jamie Park joined the meeting…
Consideration of Morning Agenda Items
Deputy Park stated she met last week with the Utah Association
of Counties (UAC) concerning the contract for UAC to collect the
Transient Room Tax (TRT) for the counties. She stated there was
a presentation on the online system UAC would be using to
collect the tax and that the system would cost each county
approximately two thousand, five hundred dollars ($2,500) to
set-up. She stated the presentation included more fees the
county would need to pay in order for UAC to collect the TRT.
She stated she thinks it is in the best interest of the county
to option out of the agreement because this county does not
collect enough revenue from the TRT to cover the expense.
Commissioner Peatross motioned to option out Duchesne County
from UAC’s TRT Collection Contract. Commissioner Stradinger
seconded the motion. All commissioners voted aye and the
motion passed.
…Deputy Clerk/Auditor Leann Stewart joined the
meeting…
During morning meeting, the Duchesne County Library Board
presented plans to the county commission to reconstruct the old
county courthouse to expand library services to the west side of
the county. They have asked the commission to support them in
this process. Commissioner Stradinger motioned to approve and
support the process to expand library services to the west side
of the county and to support the process to seek funding.
Commissioner Peatross seconded the motion. All commissioners
voted aye and the motion passed.
Department Head Time Sheets
Deputy Stewart presented department head time sheets for
approval. All were approved.
Vouchers
Andrea Arnold presented vouchers #89300 through #89384 in the
amount of seventy-three thousand, five hundred eighty-four
dollars and twelve cents ($73,584.12). Commissioner Peatross
motioned to approve the vouchers. Commissioner Stradinger
seconded the motion. All commissioners voted aye and the
motion passed.
Assessor’s Office Tax Adjustment
Andrea Arnold presented the following tax adjustment from the
Assessor’s Office:
| Account #/
Serial # |
Year |
Debit/ Credit |
Comment |
| HT-91-428 |
2004 |
-$12.41 |
Wrong size on mobile home. |
Commissioner Stradinger motioned to approve the tax adjustment.
Commissioner Peatross seconded the motion. All commissioners
voted aye and the motion passed.
Minutes of Meeting Held August 23, 2004
Commissioner Peatross motioned to approve the minutes.
Commissioner Stradinger seconded the motion. All
commissioners voted aye and the motion passed.
Recess
The commission recessed from the meeting at 1:40 p.m. They will
resume at 2:00 p.m.
…Bryant Domgaard, Rod Harrison, Ellis Muir, Ken
Dudley, Lynn Dudley, Joyce Bailey, Keith Bailey, Steven Bench,
William Cone, Jerry Cone, Michael Bassett, Roy Rasmussen, Gloria
Rasmussen, Dean Bench, Jerry Moon, Susan Hamilton, Ralph Brinton,
Scott Bateman, Kristi Bateman, Jared Taylor, Rodney Draper,
Dennis Douthit, Leslie Belyea, Gary Muhlestein, Debra Lytle,
Wade Peterson, Karen Peterson, Don Boulden, Iraj Nikhem, Carol
Guzman, Shane Thomas, Dennis Ott, Diane Ott, Carol Schwinn,
Rault Peterson, Vivienne Clark, Sue Miller, Greg Evans, Paul
Taylor, Allan Smith, David Kingston, Cleve Washburn, Donna
Washburn, Val Bonnett, Max Bonnett, Leonard Adair, Brent
Harrison, LaVon Coombs, Jesse Coombs joined the meeting…
2:00 p.m. Public Hearing - Request to Vacate Class ‘D’ Roads
in the Fruitland/Current Creek Area at the Following Locations:
Township 3 South Range 8, Sections 29, 30, 31, 32, 33; Township
3 South Range 9 West, Sections 22, 23, 24, 25. 26, 27, 34, 35,
36; Township 4 South Range 8 West, Sections 3, 4, 5, 6, 7, 8, 9,
10; and Township 4 South Range 9 West, Sections 1, 2, 3, 10, 11,
12
Commissioner Ross welcomed the public. He stated the commission
has received a request from the Murdock Family to vacate the
county’s interest in certain sections of the Fruitland/Current
Creek area. He stated the purpose of today’s hearing was to
gather the public’s comments. Attorney Uresk stated the county
has already received over two hundred (200) phone calls
concerning this request and that written comment will be
accepted until September 7, 2004. He stated that the Murdock
Ranch Enterprise has requested the county to vacate their
interest in certain Class ‘D’ Roads on their property that were
put on the county’s Class ‘D’ Road Map in 1978. He stated Class
‘D’ Roads are public roads but are not regularly maintain by the
county. He stated if the county vacates its interest, then the
roads would no longer be public but private property owners
would still have an interest in the road to access their
property. Commissioner Ross asked for public comment.
Mr. Ralph Brinton stated he owns ten (10) lots in Township 3
South Range 9 West, Sections 25, 26 and 27. He stated if the
road vacation occurs, it would cause irreparable harm and deny
access to his property. He stated he is currently in a dispute
with other property owners. He stated he feels Duchesne County
has the right to protect private property owners. He stated this
abandonment would constitute the same as the county taking his
property. He stated he has paid taxes to the county for over
twenty-five (25) years and that the Mountain View Estates where
his property is located was an approved subdivision. He stated
he would like to encourage the county not to vacate its interest
in the Class ‘D’ Roads. Commissioner Peatross asked him if he
used the road running through the Murdock Ranches property. Mr.
Brinton stated he has before but it is not gated and locked. Mr.
Lynn Dudley stated he would like to clarify the Murdock Ranches
request. He stated the road going east and west in Section 27
from Highway 40 passed the residences is the road they are
asking to be vacated. He stated they would like the part of the
road in Sections 22 and 27 to be vacated to protect their
private property. Commissioner Peatross asked how long the road
has been gated and locked. Mr. Dudley stated since the 1940’s.
He stated that the Moon Family was given permission to cross the
road for a brief time. Ms. Joyce Murdock Bailey stated the gate
has been up since 1940.
Mr. Steve Bench stated he has property in Township 3 South Range
9 West, Sections 28 and 33; and in Township 9 South Range 4
West, Section 4. He stated he is opposed to the county vacating
the Class ‘D’ Roads in that area but doesn’t have a problem with
the section of road the Murdock Family is requesting to be
vacated. He stated it is imperative for the roads to stay open
or else he has spent a lot of money on property he won’t be able
to access.
Mr. Brent Harrison stated he owns property in Sections 27, 34
and 35. He stated if the section of road going east and west
were to be vacated, then the road going north and south by his
property would be the road the public would use. He stated that
would put pressure on the north and south road and he doesn’t
want to be the sole remedy. He stated that if the county were
going to vacate that road, they should vacate the whole road and
not a section. He stated that all he is asking for is equal
treatment for all.
Mr. Gerald Wilkerson stated he has sold a lot of lots on that
mountain and he still owns approximately forty (40) lots. He
stated he has no objection to the locked gate by the Murdock
Family but the rest of the road needs to remain open to the
public. He stated he has a listing agreement with a lot of
people in the area and they are opposed to vacating the roads.
Mr. Leon Sweat stated he has property in Township 9 South Range
3 West, Section 23. He stated he is opposed to the vacation of
the small road that runs through Section 23 but is not opposed
to the vacation of the road in Section 27. He asked if this was
an all or none situation. Attorney Uresk stated the county is
only gathering comments at this time.
Ms. Vivienne Clark stated she has property Range 8 West, Section
32 and the roads have nothing to do with her, but she would like
to make a comment. She stated that for the past ten (10) years
she has watched the property and problems arise as the
population grows. She stated a lot of people are moving out
there and building without permits or standards. She stated the
road in Section 32 is never graded either.
Mr. Greg Evans stated his property in Section 25 has a road that
goes straight through his ten (10) acres. He stated he thinks
all the property owners feel the roads should remain public.
Ms. Sue Miller stated she has property in Township 3 South Range
8 West, Sections 29, 30, 31 and 32. She stated the section the
Murdock Family is requesting to vacate does not directly affect
her but she feels it is like opening a can of worms.
Commissioner Ross asked if the subdivision plat maps for that
area have language stating the property owners would maintain
the roads. Attorney Uresk stated they were platted before the
county had an ordinance outlining the property owners’
responsibilities to the roads.
Mr. Rob Peterson stated he owns property in Township 3 South
Range 8 West, Section 32. He stated he received a letter from
Attorney Uresk stated the county would be reviewing a request to
vacate roads in certain areas. He stated there are not any Class
‘D’ Roads in section 32. Attorney Uresk stated the current Class
‘D’ Road Map does not list all roads in the county. He stated
the letter was just to gather public input to determine a
direction the county should go to resolve Class ‘D’ Road issues.
Ms. Susan Hamilton stated she has two (2) issues. The first is
that in order for a buyer to obtain a loan to purchase property
they have to have public access to the property. She stated the
other is that Ellis Muir asked that she represent him in this
issue and he would like the road to remain public.
Mr. Scott Bateman stated he owns property in Township 3 South
Range 9 West, Section 35. He stated he does not have a problem
with the section of road the Murdock Family would like vacated,
but does oppose the vacation of any roads in Section 26 because
he uses them to access his property in Section 35.
Mr. Jerry Moon stated he would like to give some history on the
road the Murdock Family would like vacated. He stated in 1957,
his father, Elmer Moon, had a lease with the Murdock Family to
run sheep in the fall and spring behind their property. He
stated the agreement between Elmer Moon and the Murdock Family
for access to the road was an oral agreement. He stated his
family has always had access. He stated he would like to
compromise this situation.
Mr. Brian Domgaard stated he owns property in Township 4 South,
Section 1. He stated he owns approximately fifty (50) acres and
the road runs straight through property. He would like to get
permission to relocate that road to the side of the property.
Commissioner Ross stated he would need to start that process at
the Road Department.
Mr. Dennis Douthit stated he has clients in every area of the
request to vacate. He stated he has no opinion as to the Murdock
Family’s request but would like to state the county needs to be
careful when vacating roads.
Ms. Deborah Wilde stated she owns property in Sections 34 and 1.
She stated she is opposed to the closing of the roads.
Ms. Leslie Bellaye stated she has property in Sections 36 and 1.
She stated she is not opposed to the Murdock Family request but
is opposed to the vacation of any other roads in the area.
Mr. Jesse Coombs stated he owns property in Township 3 South
Range 8 West, Section 32. He stated he oil well road off of
CR218 accesses his property and needs to be left open.
Attorney Uresk stated he feels he should explain the request
again. He stated the county is reviewing vacating their interest
in certain Class ‘D’ Roads. He stated Class ‘D’ Roads are public
roads that are not maintained by the county. They do not receive
upgrades or snow removal services. They only give public access.
If the county vacates the public’s interest, then any private
property owner in the area still owns an interest in the road
for access reasons.
Ms. Matilda Schimway stated she is opposed to the vacation of
the roads.
Ms. Carol Schwimm stated she owns property in Township 4 South
Range 9 West, Section 2. She stated she is against vacating the
roads.
Mr. Paul West stated he is opposed to vacating the roads because
it is like opening Pandora’s box.
Ms. Gloria Rasmussen stated she owns property in Section 28 and
33. She would like to oppose.
Mr. Jerry Coomb stated he owns property in Section 35. He stated
he has no objections to the Murdock Family request but is
against vacating any other roads as long as it does not
adversely affect anyone else.
Ms. Diane Ott stated she has property in Township 3 South Range
8 West, Section 29 and 32. She stated she accesses her property
from CR218 and the Murdock Family request does not affect her.
She stated that when she bought the property she had hoped the
county would encourage growth and would like to oppose the
vacating.
Mr. Shane Thomas stated he owns property in Township 4 South
Range 9 West, Section 3. He stated he is not opposed to the
Murdock request but is against vacating all other roads.
Mr. Allan Smith stated he appreciates Jerry Moon’s history. He
stated he has not ever traveled across the Murdock property but
has traveled through the Wild Cat Canyon.
Mr. Wade Peterson stated he is adjacent to the Wasatch County
line and his only access to his property is through the Murdock
Ranch. He stated he is definitely opposed to vacating the roads.
Mr. Chris Sweat stated he has property in Township 4 South
Section 4. He stated he uses CR218 to access his property. He
stated he is very opposed to vacating the roads but does not
have an opinion to the Murdock Family request.
Mr. Leo Pindleton stated he has property in Township 4 South
Range 9 West, Section 2. He stated he is opposed to the
vacation.
Mr. Don Boulden stated he has property in Plat 2 of Strawberry
Properties. He stated the vacation would set a dangerous
precedence. He stated over the past few years he has been denied
access to public lands because of road closures. He stated he
purchased property so he wouldn’t be locked out.
Mr. Clem Washburn stated he owns property in Township 4 South
Range 9 West, Section 1. He stated he hasn’t seen the property
but would like to go see it if the road was open. He stated he
is opposed to the vacation.
Mr. Don Binnitt stated he owns property in Township 3 South
Range 9 West, Section 36. He stated the vacation could cause
problems. He stated he would like the east to west road opened
and that a cattle guard may be the best answer.
Mr. David Kingston stated he owns lots in Strawberry Properties.
He stated he is opposed to the vacation. He stated people have
brought in 14’x17’ trailers and would like to know if there is
any way to clean it up. Commissioner Ross stated the county
sponsors a trailer removal program. Commissioner Stradinger
stated he would need to get the details from Planning and Zoning
Department.
Mr. Max Binnitt stated he owns property in Township 3 South
Range 9 West, Section 36. He stated he understood that if roads
are closed by gates the only resource is to go to court.
Attorney Uresk stated it was.
Mr. Leo Pindleton stated a concern with gates left opened or
people going through gates. He stated the county should be
careful not to close roads that people have been using. He
stated someone closed access to his irrigation lines and it
ended up in court.
Attorney Uresk thanked the public for their attendance and
input. Commissioner Ross stated he appreciates the publics’
attendance and kindness.
Adjournment
The commission adjourned the meeting at 4:05 p.m.
