SURPRISE
During the 2018 budget hearing held by the county commissioners, resident Bob Etzel spoke and presented the commissioners with a packet of papers relating to road improvements that were promised by the county back in 2002.
Etzel explained that the improvements were for access to and in front of property owned by T.E. Enterprizes, LLC, of which he is a partner. The property is located on the south side of the golf course next to the driving range. This property is where the Pinnacle Canyon Academy was located.
The contract, as presented by Etzel, outlined several road and drainage projects that needed to be completed on or before Oct. 1, 2004 and if not a $100 per day penalty could be enforced by Etzel.
“To date this work has not been completed and this is why I am bringing it to the attention of the commissioners at this time,” said Bob Etzel. “And the meter is still running.”
The contract called for the construction of a paved 40 foot road to the north of the Terry/Etzel property with an inverted crown that would divert water drainage away from the Terry/Etzel property.
Etzel stated that this had not been done. It acknowledged that the county did pave over the top of a private dirt road used for access to his property, and did include some piping to help control the water drainage, but they did not build the new road on the correct easement and the drainage is now being collected on his property.
The contract also called for a catch basin for drainage water and a 20 foot of road to the west of the property that would take the water down to the new 40 foot road area to be drained off away from the Terry/Etzel property.
Etzel stated that this had not been done as per the contract.
The contract also called for the wash in front of his property to be filled in. Etzel explained that this was not completed per the contract either.
The contract also called for bridge improvements accessing the area that Etzel stated that had been completed.
The contract also described how the county would excavate a dam or take other steps to prevent water from running from the driving range area onto the private property with the water to be diverted down the 20 and 40 foot road projects. Etzel, once again stated that this part of the contract was also never completed.
County Attorney Christian Bryner stated that his records show that the work addressed by Etzel had been completed before the deadline dates.
Daniel Campbell, County Road Department Supervisor, explained that he was an employee for the county during that time period and he stated that this project was divided up into three phases.
The first dealt with widening the bridge just off from the Carbonville Road over the Price/Wellington Canal. This bridge was expanded some 20 feet for safety.
The second phase included repairs to the bridge going over the Carbon Canal. This bridge was expanded from a single lane bridge of about 12 feet wide to a new bridge now 30 feet wide.
The third phase included work in and around the street fronting the old academy school building addressing the traffic flow of cars and buses loading and unloading students safely.
Campbell explained that they enlarged a culvert being used to transport water in an unimproved wash along side of the road to 48 inches. The county then paved this area as well as an additional 40 feet to the south and to the west to protect the roadway over the culvert, plus it gave additional roadway space for the unloading and loading of students and parking for school employees.
Statute of limitations
Bryner also stated that there are a couple of things in play with Etzel’s claims.
“First of all, it is my opinion that he is well past the statute of limitations of six years in Utah for people to bring these kinds of issues to our attention,” said Bryner. “Furthermore, the work was performed.”
Bryner said that there was some failure of the asphalt in that area that occurred in 2014 due to flooding that was experienced throughout the entire county, but that happened well after the work had been completed for the issues of the contract.
Etzel invited anyone who wanted to come and see the damage that has been taking place because of the flooding on his property to come and see if first hand. And that the reason he is bringing it to the attention of the commissioners at this time is because of the work they authorized in and around the driving range that has only exacerbated the flooding damage on his property.