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  • County Commissioners disapprove jurisdictional transfer of state roads to local government


By Myrna Trauntvein
Times-News Correspondent

Another meeting is being held with county commissioners to discuss the jurisdictional transfer of roads from state stewardship to county control.

Juab County Commissioners, like other members of the Utah Association of Counties, continues to disapprove the transfer.

"No, we don't want the transfer of their roads," said Neil Cook, commission chairman.

Mike Seely, county administrator, agreed to represent the county at the latest meeting.

"On numerous occasions we have told them that we do not want their roads," said Robert Steele, commissioner.

At the June 7 meeting of the Highway Jurisdictional Transfer Task Force, the Utah Association of Counties (UAC) was charged to return to that body with the counties' perspective on the jurisdictional transfer of state and local roads. Specifically, UAC was asked to respond to a prioritized list of state roads to be considered for transfer prepared by the Utah Department of Transportation (UDOT).

On June 28, 2005, UAC responded to that assignment.

Currently county government pays for the maintenance and repair of county roads through a combination of class "B" road funds and general fund revenues. In 2002, class "B" road funds made up 54 percent of the money spent by county government on streets and roads.

According to UDOT's 2004 Annual Statistical Summary, counties maintain 23,686 miles of roads, over twice as much as 9,016 miles of city roads, and over four times as much as the 5,852 miles of state roads.

Despite this fact, counties received 38.3 percent of the B&C funds in 2004 with cities receiving the remaining 61.7 percent.

This is due to the B&C road formula that discounts gravel and dirt roads (of which Utah's counties maintain 18,230 miles) when calculating the distribution of those funds.

Juab County Commissioners said they all agreed with the report presented by UAC

"You would have to be stark, staring nuts to take one of their (the state's) roads," said Steele.

The Utah Association of Counties reported that the Highway Jurisdictional Transfer Task Force is approaching the question of transfer prematurely.

Rather than identifying the roads to transfer first, UAC thought it would be wiser to agree upon some sort of funding principle. That should be done prior to identifying roads to transfer.

The current model is akin to agreeing to purchase an item without knowing the cost.

Understandably, Utah's counties are a little hesitant to identify any state roads they'd be willing to take.

Additionally, UAC wonders if there might be other, better solutions to Utah's transportation crisis than the jurisdictional transfer of state roads to local government.

There might be solutions that require a state/local partnership in maintaining state roads that would better meet the needs of Utah's citizens than a jurisdictional transfer of those roads.

"With the cost of roads," said Steele, "it would be difficult to maintain a road on the money proposed. It would be impossible to replace one."

The Utah Association of Counties believes a change to the B&C fund is necessary in order to compensate local government for absorbing transferred state roads before the transfer is enacted.

The Utah Association of Counties has no desire to participate in an appropriations battle year after year over the funding of these roads. UAC opposes any transfer that does not include a permanent source of funding.

Currently, 25 percent of the net highway user revenue is deposited into the B&C account with the other 75 percent going to UDOT.

The Utah Association of Counties believes that this split needs to change proportionately to the change in state roads. For example, UDOT's prioritized road transfer list consists of 8.5 percent of the state roads. Eight and a half percent of 75 percent is 6.4 percent, so the new highway user revenue distribution formula would be 68.6 percent to UDOT and 31.4 percent to the B&C account.

A previous hold harmless within the B&C road fund would also need to be adjusted to ensure that a handful of jurisdictions would be able to receive the additional funding necessary to support the additional roads.

The Utah Association of Counties has contacted every county within the state and addressed specifically which roads on the UDOT list the counties would be willing to absorb, if adequate funding was provided. A complete list of roads is given in the appendix of this report. Further detail for specific counties that have send correspondences to UAC is available per request.

"It is being proposed that Juab County take over four roads," said Steele.

Cooks said that UAC addressed the concerns of the counties in the report. Several concerns were raised by counties over the list that UAC thinks needs to be addressed. A partial list of these concerns is provided below:

Some jurisdictions lack the equipment, staff, or maintenance facilities necessary to maintain some of the roads.

Local government might not be able to maintain some state roads at the current speed limit.

Several of the roads are access roads for state parks. Why should county government maintain state access roads that serve a state function?

Several roads on the list are miles away from any other county road. It would require a huge round trip (in one case, 100 miles) to provide service to a small, out of the way, stretch of road.

The generation of the list came from a top down approach. In one county, the county commission met with its local UDOT representatives and agreed upon a list of roads that made sense to transfer. That list was not represented in UDOT's list.

Some counties worry about the liability associated with certain roads.

Some roads on UDOT list include bridges which increase the cost and liability of a road.

Several of the roads seem to be contained partially or in whole within the grounds of a state agency's property.

Many of the roads require major repair such as new bridges before the counties are willing to accept them.