Lake Is 70 Degrees, Great Swimming!

Photo by Bear Lake Visitors and Convention Bureau

Garden City Council Meeting

Anita Weston, Reporter

Rich Civic Times

GARDEN CITY, Utah.  July 10, 2014. Robert and Deborah Chandler appeared before the Council asking to be given a business license to run a small equipment rental business.  It will be located at 200 North and 220 West.  The name of the business is Bear Bottom Equipment Rental.  They indicated they had paint sprayers, pressure washers, and so forth.  They will erect a 6’ privacy fence and do quite a bit of landscaping.  They are community minded and have supported the polar plunge for the last two or three years.  They have similar businesses in two other states.  They have applied for a sales tax number.  The business license was granted upon receipt of their sales tax number.

A short term rental was given a license.  The home is owned by Scott Gordon, 970 Harbor Village #3 and will be managed by Bear Lake Lodging.

Fire Chief Wahlberg reported that the 4^th of July Celebration was great.  There were lots of fireworks, and everyone seemed to really enjoy the evening.  He noted that people had been directed toward the City Park or the City’s parking lot just north of the Church. Council Member Bess Huefner noted that there was a lot of trash and garbage that was left at both of those locations.  It took quite a bit of time and effort to clean up after the celebration and asked if in the future people could be asked to clean up after themselves.

Chief Wahlberg noted that there may be some fire restrictions put in place in the near future.  Many parts of the State are getting very dry and the State may impose some restrictions.

Bruce Warner reported that there is enough water at Shundahi.  He noted that impact fees don’t have to be paid all at once, but as the homes are completed.  The City will need to provide service in that area and money to take care of the tank will be required.  He noted that 750,000 gallon capacity will be needed for that subdivision.

Warner noted that the most important thing that needs to be considered in making sure the beaches are in good shape.  The lake is the City’s greatest asset and needs to be taken care of. 

Warner has been looking into the various licenses that most Cities have.  He felt there could be various licenses available according to a list of categories.  Specific requirements and regulations could be available to business owners so that they could take care of all the requirements, and be able to apply and obtain a license at any time instead of having to come before the City Council.  Currently business owners only have the option of applying prior to a Council Meeting in order to obtain the required license.  Mayor Spuhler told Warner to continue to look into this possibility, especially if it would expedite paperwork and be more efficient over the internet.

Currently owners of several lots can encumber these lots putting them together thereby doing away with water fees for each individual plot and pay a much smaller water fee.  It costs $250 to encumber a number of adjacent lots.  If the owner has the opportunity to sell a lot, all of the lots have to be unencumbered at the same cost of $250.  There is also a $40 recording fee.   Then, after the sale, if the owner wants to take advantage of the lower water bill in the future, he must again pay the $250 fee to encumber the remaining lots again. 

Some property owners would like to do away with some of these costs.  However, over time, many individuals who have bought properties as an investment have actually saved thousands of dollars over the last two or three years with the lower water fees.  Mayor Spuhler noted that perhaps the City’s attorney could come up with a better idea.  He suggested that the attorney be given an opportunity to make some suggestions to handle this situation.  Meanwhile the City will proceed as they have in the past.

Chuck Stocking reported that the pool and spa required a new pump and are now back up and running.  Chuck noted that he had done some research for the purchase and storage of chlorine and hydrochloric acid.  Currently they are stored inside the building; and, as a result, the walls and area where they are stored are actually deteriorating.  The suggestion was made to store the drums of these chemicals outside by the propane tank.  A fence could be built around that area.  The fumes would be outside which would do away with the problems within the building.  Also, there is a company that will deliver the 55 gallon drums on a regular basis at a cost less than what the City is currently paying.  This would save money and be much safer.  He was told by the Council to move forward with these changes.

Darrin Pugmire reported that the 3^rd West road needs to be graveled and made travelable this fall.  There is no reason to let things continue to drag on.  He noted that there has been some complaint about dust down 150 South.  Bess Huefner said that it would be possible to use mag water in that area which would probably help.

Several people have noted that the beach at 150 South is gooey and covered with deer flies.  People are also getting stuck in the soft wet areas.  Mayor Spuhler noted that people had been complaining that they couldn’t go down this street and requested that the lane be opened up.  Now that it is opened, they are complaining that it is not a perfect spot to swim.  Mayor Spuhler said that the water subs from the canal.  That adds to the problems and doesn’t allow the beach to dry up as most people desire.  He noted that the canal would be shut off soon so that the beaches could dry out and be more inviting to the visitors.

Mayor Spuhler reported on the lawsuit that was presented in Court on July 9 in the Rich County Court House.  He felt the information presented to the judge was clear and concise.  He felt the City is in a good situation.  The judge will make a ruling on the facts presented in the next 60 days.

Mayor Spuhler noted that the results of the sound tests for the gun range were better than expected.  He was pleased with the findings there.

Spuhler also noted that he has set up a meeting with sovereign lands concerning the jetty concept.  He wants to explain to them the problems that arise when all the boats head back to the harbor when the wind comes up or there is a problem on the lake.  He feels something needs to be done and that the proposed jetty would solve some of the launching problems that currently exist.

Kathy Hislop noted that the budget will need to be opened in one of the upcoming Council meetings to transfer funds into the park budget.  She noted that bids have been requested and the amount of money to be transferred will depend on the bid prices that come in. 

The Unmuddled Mathematician

Never Trust a Mathematician

By Chris Coray, The Unmuddled Mathematician

Well, you can’t say you haven’t been warned.  We are not to be trusted.  On the positive side you probably don’t know too many of us so that is in your favor.  On the down side, the NSA (yeah, those guys) hire a lot of people.  And what kind of people do they hire?  Mathematicians.  We are taking over.  Do not bother to adjust your IPhone, computer, whatever.  We are coming for you and some of us are practical jokers.  It’s a revenge of the nerds kind of thing.

For example, in my prime (assuming I ever had a prime and by the way speaking of prime, my age is now prime) I used to own a big river raft and would take week long trips with friends down many of the major whitewater rivers in the west.  I rowed the rapids rather than going on guided tours.  It took considerable time getting the equipment ready and organizing the trips.  The hardest part was always getting a permit.  The forest service and BLM don’t just hand these out, they were awarded each year by lottery and then only to those who had adequate qualifications and experience.   One year we wanted to float the Green River through Hell’s Half Mile and the Gates of Ladore.  These were named by John Wesley Powell after he made the first trip.  We figured that with our 3 rafts we could handle about 12 people.  So we turned our permit in, being careful with each question and provided the name of each member of our group.  Then we waited and what do you know, we lucked out, won the big lottery and got a permit.  That’s when the fun began. 

After a week of deeper planning for the trip, arranging our schedules, getting drivers to shuttle our vehicles, one of my companions and I decided to play a practical joke on the owner of the third raft and in fact was the person whose name appeared as the actual permit holder.  He is a wonderful guy, but a little bit dyslexic.  Anyway, we manufactured a piece of paper with the header of the forest service (remember, we had an actual permit) and sent him a letter on that letterhead that read as follows (italics provided):

Dear Mr. Bullen,

We have recently reviewed your application for a float trip down the Green River, and for which you were apparently successful.  However, after further careful review, we have learned that one of the names on your list of persons also appears on a second, independent application made by another group.  As you know, a person may apply on only one application.  As a consequence of this action we hereby notify you that your permit has been revoked and further, you and all named persons on the application are forbidden from application for further trips on rivers controlled by us for a period of 5 years.

Should you wish to appeal our decision you may do so by contacting our office at 435 753 3198 or write to us directly at Chris Coray, 1473 N. 1525 E., Logan, Utah.  We regret the necessity of our action but must strictly enforce the department’s guidelines.

Sincerely,

Wimbledon Quigley, US Forest Service

We knew that Bill Bullen was excitable so we sat back and waited.  Bill, affectionately known as “The Hummer”, got our bogus letter.  He read the first paragraph and mentally checked out after that.  He was immediately on the phone to me, almost speechless with disappointment and frustration, as he told me that we were canceled and had a 5 year wait ahead.  I asked him to read the letter over the phone.  He did, but could not get past the first paragraph without stopping.  I asked, “Is there anything more in the letter?”  He said yes, but it was just something about an appeal.  He was really down.  So I kept pushing, asking him to please read that part aloud.  After a while he settled down enough to do so, and read until he got to my name.  Then silence.  Then there followed a string of fairly harsh profanity about my ancestry, my lack of character, and a bunch of other stuff.  I was laughing so hard it’s hard to remember all that was said but it about a week he had settled down.

We had a great trip.  But don’t trust a mathematician.  I have done this kind of thing before and may not be done.

Summer Bus Shuttle

Anita Weston, Reporter

Rich Civic Times
 

GARDEN CITY, Utah.  July 10, 2014.  The beach shuttle is up and running.  This will give visitors a chance to park where they want and still have easy access to the beach and local businesses.  The shuttle makes its rounds every 10 to 15 minutes.  A map is included to show the route and where stops are being made.  The kiosk is included on the route.

Dan Fisher has been hired to drive the bus. The shuttle will be running from Thursday through Saturday.  The shuttle has good air conditioning and a good speaker system.  It was suggested that the driver keep track of the number of individuals riding the bus.  Gary Cox, City Administrator, noted that he would get a clicker to assist in counting riders.

An ordinance enforcement complaint form is being considered.  This will allow a record to be kept of ordinance enforcement requests, who has requested help, and how the matter was handled.  Most cities have such a record, and it would be helpful for out town as well.  A couple of samples used by other cities were shown to the Council.  Gary Cox was asked to go ahead with a sample form and see how it works. 

A bid will soon be let for fences for Heritage Park.  Costs are constantly going up.  The bid needs to include possible cost adjustments.  A lot of cement is going to have to be removed which will be expensive.  The budget will have to be opened and more funds placed into that account.

Rodeo on Weekends in Garden City

Photos by Tammy Calder

Shed Or Home?

Anita Weston, Reporter

Rich Civic Times

GARDEN CITY, Utah. July 10, 2014. George Peart, Building Inspector, reported that the 14^th building permit was issued to Scott Livingston.  There are four homes in Shundahai that are close to their final inspections.  That will make five new homes in that particular location.

There is currently a problem on one lot in the City.  The owner’s claim the buildings are sheds when paying taxes.  However, when confronted by the City because of holding many camping parties there, they claim it as a residence.  Camping on an empty lot that doesn’t contain a home is against City Ordinances.  These owners must decide if this is a primary residence where camping can continue, or the land contains only sheds and camping must be curtailed.  Peart was asked to look into this matter.  It was noted that if it is to be a residence, there will be road impact fees, park fees, fire fees, and sewer fees that will need to be paid.

Peart said he would look into this matter and check to see if there might be some other lots that fall into this same situation.

Garden City Engineer's Report

Anita Weston, Reporter

Rich Civic Times

GARDEN CITY, Utah.  July 10, 2014.  Zan Murray, the town’s engineer, reported 300 West will be ready to bid out in about two weeks. The work to be done will be installation of the required culverts and putting down some pit run gravel.  This will allow people to drive on the gravel road from the Logan Road to Heritage Park.  He noted that he is working with UDOT in order to make sure that the roads will connect properly when it comes time to asphalt this road.  Murray indicated that he is following some specifications that are a bit more robust than the City’s requirements. 

The work to be done on 75 North and 350 South are also ready to go out to bid.  There was a public meeting last Saturday, and it went well.  The plans for these two projects are about 90 percent completed and will be finished as soon as possible.

Murray indicated that he would have costs ready for the meeting with involved individuals on Friday at 11 a.m.  Mayor Spuhler indicated that a telephone call would work and save Zan from having to drive over.  He noted that there are no issues with 75 North.  There are some issues on 350 South that should be resolved at the meeting.

There are still some environmental issues on 150 South, as well as consideration of the turn around, and how to handle the drainage ditch.  The road slope and number of stalls are also being considered.  That project can then go to bid.

The water master plan is being redone taking into account some additional data.  The tiger grant will not be announced until sometime in August.  

Garden City Public Works Report

Anita Weston, Reporter

Rich Civic Times

GARDEN CITY, Utah. July 10, 2014. Riley Argyle, Public Works Department Supervisor, reported that a dock had been put in place at Heritage Park.  The hay at the park will be purchased by Bill Cox.  A sprinkler pump has been ordered.  Some additional larger lights have been purchased and will be placed on the decorative poles.

The sound testing at the proposed gun range was completed and came out very good.  Ambient noise is actually louder than 22 gun shots.  Some larger guns will, of course, create some louder noise, but nothing that will interfere with this project.  Logan City’s gun range has built some brumes that have a deadening effect on sounds.  Argyle wants to see how much difference this has made in Logan as another way to cut down on gun noise at the proposed range here.  

Glen got the necessary certifications for a spray license and will be starting to do the needed spraying for the City. 

UDOT will not allow cutting through the Logan Road where Third West will connect to that Road.  That means the town will have to bore underneath the road to put the water pipes through.  This will be expensive because the pipes are so large.  Argyle suggested it be done before UDOT begins work on the turning lane that will be required in that area.  The city will only have to get the pipes through a section approximately 20 feet wide now.  If the town waits until UDOT puts in the turning lane, they will have to bore up to a distance of 50 feet.

Argyle reported on several miscellaneous items.  He noted that water meters are need for the City Park and the city building complex.  A beach gate will be needed for 75 North.  Two trees at the pond at Heritage Park have died and will need to be replaced. 

Argyle reported that if the city buys land in a tax sale that has tax liens levied on it, the liens will be forgiven.  Several questions were asked concerning this item.  It was decided that additional information needs to be obtained. 

Power has been installed at the kiosk, and the Ipad has been purchased and is ready to be installed.  Several sidewalks have been replaced and others have been repaired along Bear Lake Boulevard.  Mowing has been done down 150 South.  As the lake goes down, more mowing will be done.  The parking at this location was increased this past week.  The city will continue to make the parking area larger as the water recedes.

Councilwoman Bess Huefner asked that some weeds on 75 North be killed.  She also reported that two service projects will take place this next week.  A group of girls will be here on Thursday.  They will be sweeping gravel from sidewalks and the bike path.

The other group will be here on Monday.  They will be working at the State Park on the south end of the lake in cleaning the beach.

There are items being left on the beach.  What should be done with these items?  It was indicated that it is sovereign lands, and they can take care of that matter.

Argyle noted that this is an especially busy time of year.  Everyone is doing their best to keep up.  

Sunrise On Bear Lake Golf Course

Photo by Janalyn Negus

This Week In Bear Lake Valley

For more information go to http://bearlake.org

Concert by Jared Rogerson Band

July 18, 2014 7:30 pm - 11:00 pm

Backed by his band and an array of musical influences from Chris LeDoux to Bon Jovi, the resulting vibe is lyrically embellished with character and an honest edge, and deepened by the unmistakable ton...

Bear Lake Dance Place

July 18, 2014 8:30 pm - 11:30 pm

The Bear Lake Dance Place is great fun for all! "All Ages" dance Friday! Everyone welcome. A mix of music.  Only the hottest beats! Rent for private events! Like us on Facebook!

Bear Lake Monster Swim

July 19, 2014 7:00 am - 2:00 pm

The Bear Lake Monster Swim is a 7-mile point-to-point race across the width of Bear Lake (home of the Bear Lake Monster). The swim is open to solo swimmers and 2 to 6-person relay teams. 

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Garden City Farmer's & Artisan's Market

July 19, 2014 10:00 am - 1:00 pm

Our market will showcase locally homegrown produce, fresh eggs, fine arts and handmade crafts. http://www.gardencityut.us/farmers-market.htm

Bear Lake County Annual Salmon BBQ

July 19, 2014 11:00 am - 7:00 pm

New this year will be a 5k "Salmon Run" with start times of 10:30, 11:30, and 12:30. The Salmon Run 5k is $45.00 which includes a cool t-shirt, registration AND the salmon barbeque! 

Bear Lake Rodeo

July 19, 2014 6:30 pm - 10:00 pm

This is the perfect place for families to come enjoy a western experience while vacationing at Bear Lake! Events include: bull riding, saddle bronc riding, team roping, calf roping, breakaway roping, ...

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Live Music

July 19, 2014 8:00 pm - 11:30 pm

Live music performed by Final Mixx at Cooper's Restaurant and Sports Bar at Bear Lake West, Fish Haven, ID. Show begins at 8:00PM. Call 208-945-2222 for more information.

Bear Lake Dance Place

July 19, 2014 8:30 pm - 11:30 pm

The Bear Lake Dance Place is great fun for all! Everyone welcome. A mix of music. Sat-teen/yg adult night. Only the hottest beats! Rent for private events! Like us on Facebook!

Dave Earl Stringham 1949 - 2014

Obituary:

David Earl Stringham lost his battle with cancer on July 7, 2014.  He was born on June 17, 1949, in Ogden, Utah, to Briant Earl Stringham and Dorothy Mae Watterson Stringham.  He was the second child of Briant and Dorothy with older brother Paul and younger siblings Daniel, Mark, and Julie.  He attended school in Clearfield, Utah.  He forged lifetime friendships with Bruce Bingham and Wilson Astudillo, a foreign exchange student who lived with his family.  David had an adventurous nature, loving outdoor activities of camping, hunting, and fishing.  In 1959, the family built a cabin in Bear Lake, where David loved to water ski. He also enjoyed attending the roller skating rinks in Lakota and Sweetwater.  He attended Weber State and believed in lifelong education.

In October 1968, David was called to serve in the North British Mission.  He considered his mission to be among the greatest experiences in his life.  One of his utmost desires is that his grandchildren, especially grandsons, will also serve missions. 

Upon returning from his mission, David enlisted for six years in the Army National Guard.  He completed basic training at Fort Ord near Monterey, California, and advanced training in Denver, Colorado.  He spent summer camps and weekend drills in Salt Lake.  Eventually he joined the Army Reserves and transferred to Logan where his father was also enlisted.  He was a medical equipment repairman working on electric and pneumatic hospital equipment.  David also worked with his family to manufacture pickup campers in Paris, Idaho, and houses all around Bear Lake, giving him design and building experience. 

While chaperoning a group of boys on a choir activity, he met Julie Floyd from Laketown.  They began dating on December 28, 1973, and he proposed on Valentine’s Day 1974.  They were married in the Logan, Utah, Temple on May 10, 1974. 

David and Julie were blessed with five daughters:  Tamilynn, Tonya, Teresa, Tiesha, and Tara.  They built a home and lived in Laketown.  In 1985, the family moved to Garden City.  David accepted a job as superintendent of the Bear Lake Special Service District, and Julie was the postmaster in Garden City.  David later took a second job as manager of the Bear Lake Water Company.

Among his many church callings, David served as Scout Master, Elders Quorum President, and in the bishopric.  He was particularly fond of his calling as Ward Mission Leader.  He and Julie had a desire to share the gospel with as many people as possible, and found great joy in having missionaries in their home.

David and Julie loved Bear Lake, and were anxiously involved to provide community service.  David built the first stage that was used for the Bear Lake Raspberry Days Festival, and oversaw the pancake breakfast for many years.  He was a volunteer firefighter and enjoyed the training gained in this position.  He truly loved the people of Garden City.

In May 2006, David completed a new house on 130 West Street in Garden City.  This was built with love as a gathering destination for their growing family.  On June 26, 2010, the house caught fire.  Most of the contents were a loss, but they were able to escape without injury.  They appreciated so much the firefighters who risked safety to help them, and the community which rallied around them to rebuild their home.

David fought melanoma-related cancer for much of his adult life.  In December 2008, his doctors determined that they would no longer be able to prevent the cancer from spreading.  David and Julie decided that they would spend as much time as possible with each other and their grandchildren.  David became increasingly ill.  On July 7, 2014, he was taken to Logan, Utah, where he passed away a few hours later.  He was preceded in death by his father, Briant Earl Stringham; his parents-in-law, Roscoe and Faye Floyd; and his sister-in-law, Launa Daines.  He is survived by his eternal bride, Julie, of Garden City; his loving mother, Dorothy, of Garden City; daughters and their husbands, Tamilynn and Darrell Pugmire of Mapleton, Utah; Tonya and Harold Hatch of Cokeville, Wyoming; Teresa and Kenneth Pugmire of Payson, Utah; Tiesha and Aaron Hart of Garden City, Utah; and Tara and Craig Wride of Garden City, Utah; siblings and their spouses, Paul and Barbara Stringham, currently serving in the Nauvoo, Illinois, mission; Daniel and Debbie Stringham of Laketown; Mark and Kathy Stringham of Garden City; and Julie and Ken Stucki of Pocatello, Idaho; and the delight of his life, 24 adoring grandchildren. 

We will miss David, but we are relieved that his pain has ended.  His story is one of patience and long-suffering.  His last several months were filled with countless moments to serve him and feel his strength.  We want his legacy to live on, particularly for his grandchildren.  Please join us as we work to follow David’s example to humbly accept whatever comes, always speak kindly, laugh often, work hard, exercise faith, give willingly to church and community, and always acknowledge the hand of the Lord in our lives.  We are proud to be his family, and look forward to reuniting with him in a better place.

The Muddled Male

Tribute to a Friend, Dave Stringham

By Bob Stevens, The Muddled Male

      I wrote this tribute a little more than five years ago.  I repeat it here as an expression of continued respect for a man who I am proud to know and look up to as a friend.

      “Once in a while we cross paths with a person who leaves an indelible imprint for good on our lives.  How can we forget all the times we saw that broad brimmed hat shading a never ending smile on the face of a man who, as far as I have observed, has never lost his cool, has never spoken an angry word, has never failed to respond to someone's call for help, has never been willing to trade integrity for expediency.

      An acquaintance told me of a time when our broad brimmed friend was down in a hole working on a problem for the Sewer District when he was told of a water company emergency up on Sweetwater Hill.  He immediately "changed hats" to his second employer but first rushed back to the shop to get his personal truck so that he wasn't driving the truck of one company to do the work of another.

      And then there was the time he was in St George, got an emergency call from the Water Company, interrupted his time in the warmth and flew back to Garden City to resolve the issue with nary a complaining word.

      Or the time he was working on a water line in front of my house when a coworker inadvertently caused a collision that ripped the front bumper partly off our friend's truck.  I never heard a cross word nor did the smile fade, although I think I noticed a slight gritting of his teeth, but only for an instant.

      How about his years of service organizing and running the scout breakfast for Raspberry Days?

      And so to a man who is woven into the tapestry of this community as a friend and as an example of good in the world we quote the Master, "Dave, well done, thou good and faithful servant."

      And to his family, thank you for your example of facing adversity with dignity and in a way that is loving and kind and selfless."

Bad Cell Service During The Fourth

Editorial Comment

During the Fourth of July Weekend many locals were frustrated at dropped calls, slow internet or inability to hear their AT&T or T-mobile cell phones.  Talking to John Spuhler, Mayor of Garden City, who  is an expert on phone service and networks, while we were helping a friend, he said that the providers need to provide more towers so that when we have peak usage times in the summer we are not suddenly "stranded" with lack of cell access.

In order to document the problem I would like examples of dropped calls, lack of ability to use cell internet service or other problems this weekend.  If other carriers in the area had problems, please write comments. Start documenting the times it happens.  It may be that we need to mount a campaign for more towers, or there may be other fixes.  But when 30,000 people descend on our valley, all using their cells and other mobile devices...we are shut down!

City Response To Shore Lodge Estates Assertations That Subdivision Streets Are Private

To the Editor:

Garden City was recently sued and believe the courts will fairly disseminate the facts and decide the outcome based on the rule of law.  We are confident that public access to the public lands will continue for future generations based on the evidence and the law.  

As the Mayor, it is important to know the homeowners decided to seek litigation and not work the city after repeated attempts.  The roads are dedicated and recorded both in the original and amended plat for perpetual use of the public. Furthermore and because the designation was for the perpetual use of the public, taxes for all these years were never paid by any resident of Shore Lodge as they were exempt because of the public nature of the recorded deed.  

I would highly encourage your readers to carefully read all the 22 points and not be swayed by the rhetoric.  Our single objective as our city grows is to provide Garden City residents, homeowners, and visitors more access to beaches, trails and other outdoor recreational opportunities. 

Experts who have reviewed our case feel very strongly Shore Lodge roads to the beach are clearly for PUBLIC USE and we will continue to do what we believe is necessary and ethical.  The public accesses are available for walking and you have every right to go down those roads and use the beach and enjoy them.

Mayor John Spuhler, Garden City

(Ed: Note: Since the city's Legal Response was in a PDF file, we have had to retype and condense the response from Garden City's Attorney following.  Garden City can send you the entire PDF file if you wish)

1.   Shore Lake Estates Subdivision is located between Highway 30 and the Bear Lake high water mark of 5,923.65 feet.

2.   The City is the Permittee of a sovereign lands General Permit from the State of Utah which Permit grants the City the sovereign lands lying along the line from 250 North in Garden City at the high water mark and east to the water's edge....all of which constitutes a part of Bear Lake's Beach front which the State of Utah has designated for public recreational purposes.

3.   The Sovereign Lands are located immediately adjoining the eas boundary of the Subdivision and extend ito Bear Lake's bottom and include Bear Lake's water surface

4.   Garden City is responsible under its General Permit to provide police fire and other emergency services and monitoring of the Sovereign Lands.

5.  The Plat for the Subdivision was filed on June 19, 1960.

6.  The Original Plat created 40 separate subdivision lots and seven separate streets, which provide acess to the lots and the Sovereign Lands.  Each of the streets runs from the Highway directly to the Sovereign Lands.  Access to the Sovereign Lands from the streets remain open.

7.  The Owner's Dedication set forth  in Original Plat provides that Shore Lodge Estates "hereby dedicate for pertetual use of the public all parcels of land shown on this plat as intended for public use."

8   In September 1962, an amended plat for the Shore Lodge Estates were filed by its then ten owners whereby the number of lots in the Subdivision were reduced from 40 to 29 lots,"but whereby the number and location of the Streets remained unchanged."

9.   The Owner's dedication set forth in the 1963 amended plat was slightly changed from the 1960 dedication,  makes the statement, "Shore Lodge Estates do hereby dedicate for the perpetual use of the public all parcels of land shown on this plat as intended for public use."

10.  There is nothing in either the Amended or Original Plat to indicate that the streets are not intended to public use as is generally true with regard to steets that are ordinarily so shown on subdivision plats.

11.  The Streets were exempted from the Rich County property tax rolls which strongly indicate that the subdivided streets were not intended to be private but were intended in fact to be dedicated for public use.

12. The Special Improvement District for Sewer Services installed public sewers and sewer lift stations in each street and the SID and Garden City retained the necessary rights to access and maintain the same.

13.  Maintenance of the sewer lift stations is paid for out of Garden City's and the SID revenues with responsibility for any accident, discharge or failure of the lift station being the responsibility of the SID.

14.  The Subdivision lots 1-5 and 10-21 have Garden City public water lines and public water meters in the streets. Lot 7-9 and 22-28 have related Garden City public water and meters and Garden City maintains the above with public funds.

15. The streets were accepted and became part of Garden City's public streets when the plats were signed and the Subdivision was annexed and Garden City and the SID provided services.

16.  Only the owners of lots 26-29 petitioned to Vacate the Street located between their respective properties by petitioning the Garden City Town Council to vacate the same by ordinance and was recorded with the Rich County Recorder on July 9, 1969.

17. No Covenents, Conditions, Restrictions or Easements for any Home Owners Association related to the property have been filed or been appealed.

18.  While recorded By-Laws for Shore Lodge Estaes HOA for the Subdivision have been provided, the same were not recorded against the Subdivision's individual lots of record.

19.  Not all lot owners in the Subdivision agree that the streets are private, as asserted.

20.  Adverse possesion of real property, such as the subject streets, is precluded for any real property held by a governmental entity and designated for any present or future public use.

21.  A plat that is signed, dedicated and acknowledged by each power of record and approved according to procedures operate to dedicate all streets and other public places and vests fee of those parcels in the municipality or county for the public use named, or intended as shown on the plat

22.  Shore Lodge Estates lot owners have not applied or nor have they request that the subject streets be vacated as public streets.

"Any member by the public, including any public employees and officials, who may have at any time examined either of the plats, would have had the reasonable and compelling right to assume tht each of the streets shown theron had been dedicated to the public for public use, including their use for access to Sovereign Lands and to Bear Lake.  There is nothing shown on either plat that would provide such a member of the public, or public employee or public official any reasonable basis for reasonably assuming otherwise."

From the Law office of Ray G. Martineau

Possible Road Closure And Elkridge Land Problems

Anita Weston, Reporter

Rich Civic Times

RANDOLPH, Utah. July 2, 2014. Glen Thomson reported that he has been working with four of five different divisions of the Forest Service on a research project that they update every ten years.  In the process of checking out various locations to determine changes over time, the Forest Service researchers traveled on a badly damaged road.  The Forest Service noted the area and condition of the road.  Thomson thought they might close the road in the future if repairs were not made.   Thomson didn’t want any road closures and asked the Commission to check into the matter.

In looking over the maps and information, it appeared that perhaps the Forestry people thought they were traveling on a Class B road that the County should maintain.  Instead, they were traveling on a Class D road which is a category of road that generally is not maintained.  The Commissioners said they would look into this matter and clear up any misunderstandings.  They also requested the county individual in charge of the roads check out the area where repair was needed.  This individual noted that he would report back to the Commissioners on how serious the damage to the road was.

Jill Brown of the Utah Association of Counties introduced herself and noted that the Utah Association of Counties wants to become more familiar and involved with the various Counties in the State that belong to the Association.  She noted that the Association’s web page is going to be redone and updated.  Links to the various County web pages will be included, and their site will be friendly and easy to use in searching for information.

She reported that the Association would like to help do good things for the counties through media exposure and by sharing resources.  She indicated that she would keep in closer contact in the future and was looking forward to working with Rich County.

Dave Oram owns a home in Swan Creek Village.  He owns two lots (numbers 94 and 95) and would like to build a garage on the second lot.  He would, however, like to place the garage in such a way that it would go over the property line.  The Commissioners stated they would approve the plan if Mr. Oram would agree to tear down the garage to maintain the original property lines if he ever sold the property. A Building Covenant Agreement was accepted.  The County Building Inspector, George Peart, noted that he felt good about the decision and would grant a building permit to Mr. Oram. 

Kim Wilson, the County Assessor, brought a group of personal property exemptions for the Commissioners approval.

Debbie Ames reported on the recent tax sale held June 25.  She noted that there were no bids on two pieces of property originally owned by Frank Smith.  The property should, by default, thus go to the County.  However, the IRS had a tax lien on these properties.  Law requires that the Federal Government be given 120 days after the sale date to decide if they want to take the properties for back taxes. 

Ames also reported that one piece is actually a section of road, and the other is assumed to be where a water pump station is located that provides water to Elk’s Ridge.  However, the exact locations of these two properties need to be surveyed to be exact.  She recommended that the Commissioners have the properties surveyed so that if the County ends up with the land, they will know where it is.  If the Federal Government takes the property, the County also needs to know exactly where these pieces of land are located.

Ames noted that there was another issue concerning these properties that must be considered.  Apparently an agreement was made between Smith and the LeGrand Johnson Concrete Company.  Frank Smith was to build a fence on the north side of the road to keep people out of the gravel pit.  That was never done.  This may become an issue to any new owners of the property.

The Commissioners asked Ames to get a surveyor to find the exact locations of the descriptions on the deeds to make sure problems in the future will be easier to handle and understand.

Mitch Poulsen requested that the Commission hold a public hearing giving the citizens of the County an opportunity to give their opinions about making Rich County an enterprise zone.  He has been working on the documentation to bring this about, but a public hearing is required before he can proceed further.  By making the County an enterprise zone, business owners will become eligible to apply for various types of incentives and helps to grow their businesses.  The responsibility for getting the incentives is left up to the businesses to make application for what they feel could help them.

The Commissioners decided to hold the hearing at 1:30 on Tuesday, August 5.  The Commissioners have to move the next Commissioner’s meeting to the first Tuesday in August and will hold the hearing after their regular business has been concluded.

Poulsen noted that a new member needs to be appointed to the County Planning and Zoning Committee.  The Commissioners noted that they would work on this matter.

Poulsen reported that there have been no special event permits given for July.  There are a few events scheduled during August, and every weekend in September has been scheduled.  It was noted that bicycles probably should be registered and licensed.  Everyone is told to share the road, but bicycles don’t pay anything for that privilege.  All other vehicles carry the cost of roads and their maintenance through registration fees and licenses that must be purchased.

It was noted that the State is currently surveying the lake shore to indicate where the high water mark is located.  They are going to do the entire shore this summer so everyone knows where their property lines are situated.

The Commissioners went over the voting information from the previously held election.  They determined that the reported election results will stand, and that the voting information was certified correct.

Resolutions for agreements between each of the four towns and the County were made noting that the building inspection services provided by the County are used by each of the towns.  Each of the towns will need to adopt these resolutions in their town meetings.