By Myrna Trauntvein
Times-News Correspondent
A fence in Mona is still a problem according to two residents who share a property line.
Rick Carlton, a county commissioner, and Doni Carlton, his wife, wrote a letter to Mona City council members telling of their two protests to the decision made by the council who agreed with an assessment of the situation made by the city engineer, Richard Hatfield.
D. Carlton, who acted as spokesperson, and her daughter were present at council meeting to request the city reconsider the decision made to let the Evan and Vicky Davies family construct a fence on their property line at 95 E. 380 N.
There is a dedicated walkway between the two properties. In spite of the fence being built, the walkway was to be kept open by erecting a gate that would allow access. The gate lock could not be reached from the outside, said D. Carlton.
"The walkway is used by the public," said Carlton. "There is only 12-inches between the utility pole and the fence. I cannot squeeze through that opening."
She said that numerous children and adults used the walkway as a shortcut between 340 North and Main Street traveling in each direction.
"There is not enough room to squeeze through our side of the walkway between the telephone pole and the fence post to allow anyone to walk in the platted walkway."
She said the city should not allow the walkway to be blocked in anyway.
She also said that, under state law, had the right to ingress and egress. It stated that such egress and ingress should be allowed within the public utility easements.
"We have kicked this topic around for a spell," said Greg Newton, mayor. "I was of the opinion that after our last discussion that we were done. We had our engineer look at it and we agreed with him."
Carlton said that the Davies knew that there was a walkway and a separate utility easement that needed to be honored when they purchased the property. She said that the Carltons also knew that and, 15 years ago, when they had purchased their property, they were told that they could not block the easements.
"The utility easement and the walkway are blocked by the Davies' fence," said Carlton. "The gates are locked on the inside and the utility road is blocked."
She said that the Davies were to contact the utilities but that had not been done. She was there when Blue Stakes came.
Hatfield said that the proper mechanism was for Blue Stakes to contact the property owner. If the fence needed to be removed to allow access, it would be the responsibility of the utility to replace the fence.
"I disagree," said Carlton. "Fifteen years ago we were told that any such repairs would be at the expense of the homeowner."
The Davies knew that the utilities were in the ground, she said. In her opinion, the walkway and utility easements should have been maintained by the city. As for the claim that the walkway was not used, that was not so. She said that 500 feet north of the walkway there was still a bus stop.
"It is used daily," she said.
There had not been any action taken to abandon the dedicated walkway.
Hatfield said that if the walkway was to be abandoned, then the Davies would need to do the work of contacting the nearby residents. That was the job of the property owner.
Council members agreed that they would, some in a group, others individually, go to the Davies property and look at the fence and the gate.
"If we have latch problem issues," said Jeff Hearty, council member, "then we need to address that with the Davies."
The easement between the utilities companies and the Davies would entail a civil dispute, said Katrina Long, city council member.
It would be a hard case to not allow property rights, said Hatfield. If the Davies do what the city has instructed, then there should be no problem. He said they were asked to bring the fence out and turn it toward Main Street. If that was done, then there would be no problem with access to the walkway.
Molli Graham, council member, said that she had a difficult time going against property rights. In planning commission, however, the commission and the Davies had agreed on some specifics. One of those was that access would be maintained to the walkway.
