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Front Page » June 7, 2011 » Emery County News » Commission discusses road rights-of-way
Published 1,051 days ago

Commission discusses road rights-of-way


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Bryan Torgerson was present representing State of Utah School and Institutional Trust Lands Administration. Torgerson explained the process that has taken place concerning county roads on SITLA lands and introduced Kim Christy to give further information. Christy explained this process started five to six years ago and SITLA has been working county by county on road claims. They have recently finished Carbon County. SITLA recognized that Emery County has been working diligently on RS2477 road claims and feels that the process they have created compliments the work that has already been done. The process they are currently undertaking only includes class B roads. SITLA understands that the only way we can develop assets is by having access to the resources. Andy Bedingfield, SITLA, explained that county roads fall into two categories. The first category is that they have a valid existing right which shows up prior to SITLA receiving title. The other category is a road that will have to have a perfected easement. Seventy-five percent of Emery County's roads fall into the first category. A total of 80 miles exist and 55 miles have a valid existing right. For the other 25 miles easements have to be granted. In order for SITLA to grant an easement they have to be compensated for the value. In 2004 the Utah State Legislature passed a bill that required OHV owners to pay $1.50 per registration that goes into an account. With other counties SITLA has used these funds to pay the cost of the easements. Emery County's easements would total $84,000. In order for SITLA to use these funds for easements the roads have to be open for OHV travel. The county also has the option of just paying for the easements with their own funds and then the restrictions are not there. Nancy Koeber, SITLA, presented a map of the county road systems. The roads highlighted in green were valid existing roads and the roads highlighted in yellow were the roads that would need easements. Dixie Swasey, Emery County Recorder, asked how these roads related to the affidavits that have been previously filed. SITLA is using the database that was originally submitted so the roads should be pretty close to the affidavits already on file. Ray Petersen asked if the County would not already have prescriptive rights based on usage for years. Christy explained that where the land is trust land they do not feel the time requirement is applicable. The easements that will be issued are for 66 feet which will allow for some leeway for when the RS2477 issue is settled. The easements will be perpetual. Petersen requested to be the contact person on this issue and asked for one commissioner to be over the process.

The commissioners opened bids for removal of asbestos from the old road shop/communications building. Two bids were received: Terracon $1990 for up to 40 samples. $25 for each additional sample. ATC-$1,450 for up to 30 samples, $10 for each additional sample. Commissioner JR Nelson made a motion to have Attorney David Blackwell and Clerk/Auditor Brenda Tuttle review the bids and make a recommendation to the commission. The commission will award the bid based on the recommendation.

The Utah State Parks and Recreation is providing funding for the purchase of an all-terrain vehicle. The county would be responsible for a radio and the maintenance of the vehicle. The vehicle will be used for search and rescue and patrol on the desert. The vehicle will have stickers showing Emery County and state parks. The agreement is to provide up to $16,000.

The commission approved the agreement between the Utah Department of Corrections and Emery County for reimbursement of computer equipment using federal grant funds. This agreement would provide $2,491.22 of funding for computer equipment.

The commission approved the contract with Johansen and Tuttle Engineering for the project to put a new fence around the Lawrence Cemetery.

Petersen, Public Lands Director, received a letter from the BLM inviting the county to participate as a cooperating agency for a commercial leasing program for oil shale and tar sands resources. Emery County does not have any oil shale and only a small amount of tar sands. Our neighboring counties do have an interest in this issue. Commissioner Nelson made a motion for Emery County to participate as a cooperating agency in show of support for our neighboring counties.

Petersen explained that there was interest in opening a gravel pit that was on forest service lands but that has become a lengthy process and may never take place. Instead the county is requesting a letter be sent to Emery Water Conservancy District to reopen their gravel pit. Emery County would do the work for EWCD and would be paid back in materials. Commissioner Nelson made a motion to approve a letter be sent to EWCD requesting they reopen their gravel pit. The motion was seconded by Commissioner Laurie Pitchforth and approved by all members present.

The commission approved the issuance of a credit card for Lt. Gayle Jensen with a $2,000 limit.

The county renewed their agreement with the state of Utah for cadastral mapping.

Petersen informed the commission that an application had been made for a Title V right of way on the little wild horse road. The road begins near the entrance to Goblin Valley and has been a nightmare to maintain for years. The Title V agreement will allow the road department to construct, operate, maintain and terminate. If RS2477 is recognized this grant will be superceded. Petersen recommends signing the agreement. The board approved the application. Sheriff Greg Funk reported last week the funeral was held for Garth Childs. He needs to be recognized for his service to Emery County and to the community. Condolences to his family for their loss. In preparation for flooding in Green River a sand bagging day was held. Approximately 3,500 sandbags were filled. If flooding does happen they will be trying to protect structures and people. The Road Department is also ready to help with any equipment they have. Millsite Reservoir is another for potential flooding. Debris blocking the bridges is a big concern. Huntington Creek is also a concern as there is still a lot of snow up Huntington Canyon. Yesterday at the high school the sheriff's office had their annual active shooter training. Thanks to Neal Peacock and the drama department and the school district for their participation. It is a very realistic training and good for the officers to experience these types of situations.

RS2477 is recognized this grant will be superceded. Petersen recommends signing the agreement. The board approved the application.

Sheriff Greg Funk reported last week the funeral was held for Garth Childs. He needs to be recognized for his service to Emery County and to the community. Condolences to his family for their loss.

In preparation for flooding in Green River a sand bagging day was held. Approximately 3,500 sandbags were filled. If flooding does happen they will be trying to protect structures and people. The Road Department is also ready to help with any equipment they have.

Millsite Reservoir is another for potential flooding. Debris blocking the bridges is a big concern. Huntington Creek is also a concern as there is still a lot of snow up Huntington Canyon.

At the high school the sheriff's office had their annual active shooter training. Thanks to Neal Peacock and the drama department and the school district for their participation. It is a very realistic training and good for the officers to experience these types of situations.

Commissioner Pitchforth spent the day in Green River to fill sandbags. She also took a boat ride up the river to view possible flooding points. Thanks to Sheriff Funk, Captain Ekker, Captain Thomas and all the other deputies that participated in this event. It was very well organized.

Commissioner Nelson attended a UDOT meeting in Green River where there was also a luncheon for legislators. They were able to give a pitch for saving Green River State Park from funding cuts.

Commissioner Nelson also attended a public hearing for Blue Castle and went to a PacifiCorp meeting in Price. PacifiCorp is having trouble recouping funds that were spent on cleaning up air quality. The biggest group fighting them are environmentalists who also want the air cleaned up.

Commissioner Nelson will suggest a letter of support for PacifiCorp in this issue at a later time. The commissioners also had lunch with the Governor and during discussions Gov. Herbert expressed his support for nuclear power in Green River.

Commissioner Jeff Horrocks attended the Utah Local Governments Trust annual meeting where he was reappointed for another four year term on their Board. The county received an award for actively trying to reduce workers compensation claims and received a rebate check for $300.

Ninety-day temporaries for the Aquatic Center include: Kim Behling, Jessica Murray, Jake Sehestedt, Stevie Feuers, Nikki Rogers and Clay Collard.

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June 7, 2011
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