Jul 102013

By Naomi Hatch
Don Shumway, representing LRPKD, LLC, attended the July 3 Taylor Town Council meeting to discuss rights-of-way and utility easements.
In September 2012 LRPKD, LLC officials came to town hall for a fence permit for land the firm owned on Hereford Road.
“Through that process came a number of issues regarding town rights-of-ways,” explained Town Manager Gus Lundberg, noting the town has been working with the Shumways and has come up with a compromise regarding where the proposed fences should be.
The council discussed the agreement that grants a 35’ public easement/right-of-way for ingress, egress and utilities from Hereford Road going south; a 20’ utility easement to the town from Sunset Boulevard going west and then southwest, then south to Hereford Road, which is known as Palomino Road; a 10’ public easement right-of-way and utility easement where Sunset Boulevard and Palomino Road intersect and south past Hereford Road to where the adjacent easement ends; and a 100’ public easement right-of-way and utility easement from Old Shumway Road west across Highway 77 and northwest to Pinedale Road.
The town will accept the easements and put two water meters on Shumway property at Hereford Road.
Due to the abandonment of what has become Palomino Road, Town Attorney Sterling Solomon explained that a prescriptive easement can open a road if it has been used over 10 years, getting it hostile; however that does not work with public and private entities, such as the town and a private citizen.
“It was never a city right-of-way?” asked Mayor Fay Hatch.
Lundberg confirmed that it was not.
Vice Mayor Shawn Palmer suggested that the town work with a sand and gravel operation to have the hill adjusted on Sunset Road, because it is currently a very dangerous road.
“My question is, is a road mandatory for a fence permit?” asked Shumway.
Solomon said that in order to show a prescriptive easement, there has to be no other way to get to the property and in this case there is a way, even though it is a longer route.
“It shouldn’t be attached to a fence permit specifically,” said Mayor Hatch.
Palmer stated, “To answer that specifically, I would say no.”
The council unanimously approved the agreement accepting rights-of-way and utility easements from LRPKD, LLC.
In other business, Town Engineer Stu Spaulding explained that the blue chemical in port-a-potties is killing the bacteria when they dump septage in the sewer ponds east of Taylor. Because of this they closed septage dumping, but when asked what he would do if they couldn’t dump in Taylor, Vance Muder of White Mountain Testing & Septic Pumping, the largest company in the area, responded, “Get a new job.”
Spaulding said that the town has an income from this service and that the only other place to dump septage is in Pinetop, which is currently closed. He suggested that a different chemical that will not harm the sewer pond be required for use by port-a-potty companies.
A motion to accept the septage dump policy procedures and in a year, look at the ponds and see if it is successful, passed unanimously.
Spaulding noted that by the end of the summer they should know, because most of the port-a-potty dumping takes place in the summer.
Assignments were made for council members to serve on the following committees representing the town: Mayor Hatch and Councilman Jason Brubaker, Silver Creek Senior Citizens Center Board; Brubaker, the Snowflake-Taylor Chamber of Commerce Board; Lundberg, the Snowflake-Taylor Tourism Committee and the White Mountain Partnership Committee; Councilman David Smith, the Airport Committee and Beautification Committee; and Vice Mayor Palmer, the Special Days/Special Events Committee. Councilman Gary Solomon has been serving on the Economic Development Committee, which has not been active. Mayor Hatch will serve on this committee and Solomon will continue if he is interested in doing so.
The council unanimously approved the expenditure limitation of $4,609,633 for the fiscal year 2013-14 tentative budget.