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Commissioners discuss rescinding targeted trespass resolution and clarify gate-access and liability at Marks Tower site
Summary
The board debated whether to rescind a prior resolution that named a neighbor (Joseph Ray) and instructed him not to trespass on county property at Marks Tower; commissioners expressed a desire to treat the neighbor like any other citizen while the prosecutor raised liability concerns about allowing private access to restricted county property.
Commissioners reviewed a prior resolution and correspondence that had directed a particular neighbor, identified in the older document by name, not to enter county property near the Marks Tower access road. Several commissioners said the named individual had been a helpful neighbor and that singling him out felt unfair; they asked staff to rescind or revise the language so it would apply uniformly to all trespassers.
Daryl Dunigan, facilities administrator, described leaning utility poles and other hazards in the area and supported clearer gate and key control. "We need to know who has access to that property," a commissioner said, asking staff to audit keys and consider signage listing who to contact if the gate is open.
Assistant Prosecutor Bill Danzo cautioned the board about liability and legal limits. He said some county property is not held open to the public and that granting special private access or easements to individuals raises legal and liability issues if someone is injured. Danzo recommended evaluating which county property is restricted and ensuring consistent application of trespass policy rather than targeting one neighbor.
Commissioners directed staff to review who holds keys and access, consult with the prosecutor's office about potential liability, and consider rescinding or amending the previous resolution so it does not single out one person.
