Understanding the Importance of Family

August 21 Council Meeting was unusual in that the Mayor and two Council Members were absent. Mayor Pro-tem Almquist informed us that the Mayor was off welcoming his daughter home from her mission. The importance of Family was duly noted on this special occasion for the Pike family.

Having the opportunity to speak to the Mayor earlier in the week I was impressed with the pride the Mayor had for his daughter’s missionary accomplishments while serving in the State of Louisiana. The Mayor was visibly proud of his family and it was gratifying to see that he set family as a priority. The mayor is to speak with his daughter this coming Sunday before Church members.

Council members Arial and Hughes were reported off on assignment on matters not identified. We look forward to hearing the nature and details of their service on behalf of the city.

Today, presented with the absence of half of our elected officials…..And a light Meeting Calendar…..Following on the heels of a week of non-reporting to YOU…..I would like to play catch up by refreshing your memories…..And do so by playing off of the Family Theme I started this article with.  Let us agree that we have a City Family of which we are all a part of and that there are spin offs……Relatives if you will…..City Council Family, City Employee Family, All Denomination Church Family, Stake Family, Ward Family et cetera.  As Families do…..They set around the dinner table and discuss mutual concerns and issues.  In our City Family the discussions take place in Council Meetings, or in Public Newspapers…..Or perhaps Public Television…..You get the idea.  In any event, discussion should be conducted in a civil non-threatening manner. We respect 1^st Amendment Rights…..Honoring Freedom of Speech and expression of opinions.  

I have been given the opportunity to express my evaluation on the performance of City Government and Elected Officials by the Publisher of the Senior Sampler. I receive no compensation nor am I obligated to express opinions other than my own based on my observations.

While my understanding of issues and opinions may not be universally shared by everyone within the City Family I have to date felt no forms of censorship. Sure, I get the expected peer pressure from various sources within the community, but I also get the thanks from many of my fellow citizens for discussing issues they feel need to be publicly addressed.

The issues I bring forth for discussion are done without malice towards any individual……Seeking only to enlighten and inform the public and seeking redress of grievances thought to be in the public interest.

My friends, I want you to know that it has been brought to my attention that an individual holding public office has on two occasions contacted the publisher of the Senior Sampler expressing dissatisfaction with the contents of my articles seeking to influence the printing of said articles.

It is my understanding that this individual has been invited to present written testimony on issues of concern to the publisher of the Senior Sampler for public printing. To this date the invitation has gone unanswered. I remain committed to civil and non-threatening discourse for myself and those representing the public press.

Thank you, Ed Baca

City Acts as Developer- City Property Sold to Bring in Two Hotels Next to Dixie Center

August 7^th City Council Meeting REVEALED what City has been doing behind closed doors at what is called an Executive Meeting….. Now referred to as a Request For Closed Session……Prohibiting Public Presence. For those not familiar with City practice……Any time Civil Litigation or the Purchase or Sale of property is to be discussed…..The City routinely bars the public from being present by declaring a need for an Executive Session as State Law permits.

As a point of interest this prevents COMPETING BUSINESSES from being present and being privy to what is going on within the local market place. To better illustrate the point and to give a sense of how big an advantage this may be to someone….. Someone with Inside Information will have the opportunity to build a personal relationship with a prospective client and be prepared to address clients concerns…..Using Councilman Almquist as an example and discounting the time he spent as Chairman of the Planning Commission…..An advisory board appointed by the Mayor and City Council his sphere of influence is immense.

Please take note…..Councilman Almquist may make a motion to move to a closed session and he gets to vote for a Closed Session….. Knowing that he can be present and privy to information that his competitors cannot access. Councilman Almquist may also vote to approve or not approve an applicant’s request for a building permit….. Commercial Building Permits usually dictate Landscape Requirements that are usually provided by a local Landscape Business…..Councilman Almquist Owns and Operates a Landscape Business…..A reasonable and prudent person may conclude that an applicant, seeking approval would know who is empowered to approve the request for a building permit and be in a position to influence the outcome.

This may explain the recent phone call I received inquiring if I was aware that Councilman Almquist’s Landscape Business was putting in the Landscape at the recently approved Jiffy Lube adjacent to the Virgin River…..The caller believed Councilman Almquist had cast the deciding vote in a 3-2 Council Decision approving the building of the Jiffy Lube. The perception of a conflict of interest is what it is…..A perception. Only the public can decide if Perception Equals Reality in public’s mind.

In order to clarify the issue I responded to the Jiffy Lube construction site and was greeted by the Project Manager of Westbrook Construction Co. I was asked the reason for my presence and I explained that I wished to confirm if Councilman Almquist’s Landscape Business was indeed providing the Landscape Services for the Jiffy Lube Project.  It was confirmed that once the building permit had been approved and issued businesses were asked to submit their bids and Councilman Almquist’s  Landscape Business submitted the low bid and was awarded the job.  I opined that Councilman Almquist was in the Landscape Business and perfectly within his rights to bid the job.

The Sale of City Property:  The City Council approved the sale of 4.176 acres of City Property (Lots 1 & 3 of the Confluence Commercial Center – Phase 1) adjacent to the Dixie Center for $12.00 /sq.feet.  City Manager, Esplin reported that the City would receive $2,182,572,00 and that Two Hotels would be built on the site. The first hotel will consist of 130 rooms and the second hotel would have 95 rooms. The money received is earmarked to complete the remodeling of the Electric Theater – Performing Arts facility owned by the City located on Tabernacle just east of Main Street.

A Little History of Property In Question: Several years ago the City acquired approximately 93 acres of land adjacent to the Dixie Center. 16 acres were purchased at a cost of 2.5 million dollars and the remaining acres were donated to the City. The Crosby family received what is believed to be a one million charitable gift tax write-off for the donated property. The land located in the Flood Way I am told cannot be built on.  The land considered to be on the Flood Plain can be built on if raised above the required level from the Flood Way.  Crosby Park now sits on a portion of this land and is located just south of the Dixie Center for the enjoyment of citizens and compliments the City’s Trail System. The City is destined to benefit financially from its role as a Developer as may the business interest of those elected to serve.  

Thank you, Ed Baca

Protection of City Trees Forces Council to Face Reality on Code Enforcement Reform- Council Comes to Terms With Need to Act "Enforce It or Change the Ordinance"

July 31^st Council Meeting may come to be known as the day Maturity arrived at City Hall…..Even the young inexperienced Councilman Hughes may have come to realize that Code Enforcement is part of the Balancing Act that keeps Individual Property Rights in line with serving the Greater Good of the City.

FINALLY….. The fear of the Class Action Law Suit filed against the city was put in proper perspective when the City Shade Tree Ordinance was presented before the Council…..The Law Suit reveals a glitch in human behavior…..Yes some representative of the city may misspeak or inadvertently fail to act in a way…..  that pleases every resident ….. But most certainly it should not be allowed to tie the hands of the City Council…..Preventing the Council from moving forward on promised Code Enforcement Reform.  The Council should be guided by sound legal principles…..But it should not permit Lawyers to take control on how the city is to be managed. No doubt individual council members should exercise self- restraint in interjecting themselves in the middle of a legal process confronting the city…..Thereby in effect mudding the waters as they attempt to act as mediators in a civil process that should only be influenced by the entire Council acting to guide city management. (I am referring to Mr. Almquist speaking directly to attorney representing plaintiffs in a legal issue confronting the city. This I believe to be sheer arrogance believing that he should serve as Judge over what the entire Council should be acting on as an elected body. I am of the opinion that Mr. Almquist may have innocently confused his calling as Stake President (Judge of Israel) with the duties and obligations of a City Councilman. Whatever his thinking may have been, the perception of undue influence or appearance of coercion being applied by a person holding TWO very important positions in our community may be deemed to be inappropriate.  Most certainly he impeded an out of court settlement and Mayor Pikes plans for improved city planning was derailed).

This council meeting brought to light that City Shade Trees …..With increasing regularity are being removed from the landscape……In violation of City Ordinance…..As well as trees planted on private property….. That as a condition of permit to build required the placement of trees on the property or the leaving of said trees in place. 20 to 30 Trees have been lost the last few months to developers. The same folks the city reduced Impact fees for so they can make a greater profit…..This appears to be the thanks the city gets and can expect in the absence of meaningful Code Enforcement. It was indicated that once building is complete some property owners merely cease watering trees and simple let them die…..There being no ongoing monitoring…..Or Inspections Criteria….. City Ordinances virtually go unenforced…..Hence the need for Code Enforcement Reform and the placement of responsibility for such matters. 

This open and frank public discussion provided a ray of hope that the Council is coming to its senses by publicly acknowledging that Code Enforcement Reform is needed….Not only for Shade Trees but in reviewing ALL city codes. My big concern now is that the Mayor will do as he said and ask Councilman Almquist (Who allegedly has violated City Ordinance in his Landscape Business) and Hughes (Who was elected on the premise that Code Enforcement efforts should be minimized and may have very well been a contributing factor in creating the confusion and disarray that Code Enforcement finds itself today). I would respectfully suggest to Mayor Pike that he consider employing the services of an Ombudsman to participate in the Code Enforcement process.

The public should be aware that statements were made by City Staff, Mayor and Council members that attest to the need for Code Enforcement Reform. Larry Shane, Parks and Facilities Manager “We have software and technology to know ownership of Shade Trees and maintain Inventory Record” Dead and dying trees are on a list now. City Manager Esplin asked Council for direction on course of action to be taken concerning Code Enforcement. Esplin stated, “Enforce it or Change the Ordinance”. Mayor Pike “Somebody needs to know”. It was established that current city ordinance provides authority to fine violators…..A course of action not now being exercised across the board. City has the power to Support Ordinance, Modify or Change. City Councilwoman Randall expressed her concerns about “Doing Absolutely Nothing”. (I was left with the impression that Councilwoman Randall was asking for the Shade Tree Board to be supported in their efforts to save city trees). Councilman Bowcutt, “Our responsibility is to make sure they know”. (Meaning the Public and Businesses should be educated on city codes and non-compliance penalties). The meeting ended with City Mgr. stating, “We got direction”. We will come back to you next meeting with an Action Plan. Review major commercial plans. Identify who will enforce, how it will be done, answer questions like…Do Churches need to comply? Finally public concerns will be addressed. It’s a start in the right direction.

Thank you, Ed Baca