Change Takes Place - Deep Rooted Cultural Family Values Continue to Guide City

As I approached April 24^th Council Workshop meeting I was feeling somewhat tired and saddened over the burden placed upon the City and its People to better understand what needs be done to resolve SGCE (Code Enforcement Issues). The pending lawsuit has cast a dark shadow over the city just as it would if a member of our immediate family was found or suspected of having wavered from the straight path of righteousness.

We don’t know it to be true, but none the less…..JUST the thought of it is disturbing. Do we continue to standby just waiting for the other shoe to drop or do we counsel and discuss?  Do we attempt to instill, encourage and develop in our family member, recognition of acceptable and desirable conduct?  Is doing and saying nothing the right course of action?

Due Process of Law gives hope, that a civil and peaceful solution will be found. We know the wheels of justice grind slowly.  Therefore the City must not delay implementing corrective action while it waits for the Court to act. Immediate Action is called for…. The City must reach-out and acknowledge that it is time for SGCE REFORM…. And let it be known that it IS doing something about it.  

The acts of a Councilman (Almquist)….. While Not serving in his elected capacity should not be made part of the Code Enforcement Reform Issue Nor Should the City use city resources in defense of his actions. (Let us not be fooled or misdirected by attorney statements appearing to try civil case in newspapers and that are stated in such a way as to favorably influence disposition of suit filed against the city). The city must remain focused on its mission to provide a peaceful and tranquil environment in which meaningful Code Enforcement plays a very important part in our daily lives. (That’s why we need Immediate Action).

LOOKING AT THE BRIGHT SIDE: While I find it necessary to report on mundane and negative aspects of city government….. It is equally important, to recognize, the contributions made by those attending and supporting this City Council. Those present represent a variety of interests. Their unselfish dedication to the wellbeing of the City is evident as their core values are made known in word and in deed.  This recognition was made evident by the folks attending this council meeting and their comments of appreciation for the appearance of the city and activities for children and families in general.  The Arts, The Children’s Museum, Tree’s and Hills, The Dinosaur Museum all were mentioned with fondness. What made it seem genuine and sincere was the expression on their smiling faces, and sparkle in their eyes. 

In attendance was former councilman Larry Gardner who evidently is back in harness representing the Ledges Development. What I choose to call the New Ledges Master Plan was unveiled by Quality Development which prompted a litany of descriptive plans. Discussed was infrastructure, water, sewer etc. and the development of 500 lots which can be found at any given time. Even here Code Enforcement could not be avoided as a desire to establish Short Term Rentals defined as….. Nightly to 20 Days or Less, could not escape attention. (Short term rentals to be confined to specific location within the Ledges).

Present were new and old members of the Planning Commission. Folks I have seen more of the Planning Commission…..Attending council meetings in the last few months than I have over the last ten years. Interest in listening to what is planned for the Ledges was the drawing card, but what stood out was their willingness to serve by participating in the council meeting. It makes you feel good to be in the presence of such good people.

A draft of the proposed City Ordinance outlining expectations for Ambulance Service was thoroughly reviewed by City Attorney, Shawn Guzman. A lot of thought, time and energy, was obviously put into this effort.  Some tweaking has yet to be done but the final draft of this noteworthy effort will greatly benefit the public and help insure high standards for emergency service. Mr. Guzman should be complimented for a job well done.

Councilman Hughes was absent however his written input was communicated by Mr. Guzman helping to develop the final draft.(Ambulance issue needs to be finalized). 

Please continue to forward you comments.  Thank you, ED BACA

 

Calling Them Like you See Them

POLITICS OVERSHADOWS JUSTICE - CITY UNABLE TO

INVESTIGATE ITS OWN CODE ENFORCEMENT PRACTICES OPENLY

Filling the vacuum created by cancelled city council meeting enables us to reflect upon our own CALLENGES AND SOLUTIONS as they pertain to City Code Enforcement….. In which past articles have requested transparency of action taken by city…. Made necessary by ALLEGATIONS of wrong doing on the part of SGCE (Code Enforcement officers) and our own beloved City Councilman, Gil Almquist. (I say Beloved for the many Callings he has accepted in service to the community in various capacities…. Because of the many gifts and talents he has been given….Much is expected of him. He has made many meaningful contributions…..yet the public must know that he is treated the same as the rest of the community he serves). NO DOUBLE STANDARDS OR SELECTIVE ENFORCEMENT BENEFITS.

To recap the situation for readers…..I believe it is safe to say that the tactics employed by SGCE …..And which Former Mayor McArthur was charged with Oversight Responsibility…..And which continue to be under the direct supervision of City Attorney, Guzman….. to put it mildly, have been questioned.

QUESTIONED in the form of a Class-Action Law Suit….Filed by Attorney, Aaron J. Prisbrey on behalf of his clients…..NAMING as DEFENDANTS…..Daniel D. McArthur (Former Mayor) ; Gary Esplin (City Manager) ; Jon Pike (Current Mayor) ; CITY OF ST. GEORGE; Malcolm Turner (SGCE Officer) ; Jeff Cottam (SGCE Officer).

The raging issue on Code Enforcement has been going on for several months…..WITHOUT resolution and any meaningful form of transparency from City Hall…. In fact it may be said that the Public has been STONEWALLED from knowing the results or status of the investigation requested by Attorney Aaron Prisbrey.   It has come to be well known…..And accepted by those in a position to know that Code Enforcement Reform is needed…..In fact many city officials have privately if NOT publicly committed to taking action to…..Shall we say to improve upon current and past practices. (I put it this way to avoid the appearance of acknowledging the veracity of the Law Suit Cited) This seems to be the stumbling block facing city officials (Preventing Immediate action) and which appears to have them over a barrel….. Frightened to such an extent that allegations of wrong-doing  led the city to refer the investigation of allegations to the County Attorney’s Office. WOE upon the city…..NO, this warrants a triple WOE for failing to meet SGCE issues straight on…..And DO the right thing to correct those things that need correcting!  (CITY CAN WALK AND CHEW GUM AT THE SAME TIME).

SPEAKING of doing the right thing….. The SAVING GRACE in all of this mess has been the straight forward and transparent action taken by the County Attorney’s Office. KUDOS to County Attorney Brock Belnap and Barry Golding, Captain/Investigations Bureau for their openness and courage displayed in seeking an INDEPENDENT evaluation of the County Investigation.

While I am handing out WOE’S…..In my opinion Attorney Prisbrey is deserving of Triple WOE’S…..If the wording attributed to him by a local reporter is correct (Spectrum dated 4-10-14) the manner in which he characterized Mr. Golding was inappropriate and mean spirited. (“Prisbrey said he believes Golding’s investigation was conducted specifically so as not to find evidence of any crime before handing over the investigation to an outside office, so Washington County officials would not have to make the decision whether or not charges should be filed”) Note: The completed investigation by Washington County was referred to Beaver County for Screening and who subsequently made the decision to “Decline Prosecution on this matter).

Criminal Trespass….. Beaver County Attorney, Von J. Christiansen Golding’s investigation failed to establish evidence of Criminal Trespass.

Intent to “Simulate” a Summons City of St. George…..Beaver County Attorney, Von J. Christiansen “In sum, this is a matter to be resolved by the administrative law judge---not by criminal prosecution, which would be counter to the interest of justice”.

No Evidence Gathered of Other Crimes…..Beaver County Attorney, Von J. Christiansen “Mr. Golding likewise did not investigate complaints about city council member (Gil Almquist) keeping an excessive number of plants on his property—relying instead on St. George City to take action internally through its own legal department. Accordingly, further prosecution is declined because there appear to be no other actionable criminal offenses”.

It is abundantly clear…..The Washington County Attorney’s Office had no standing to investigate the “City Ordinance” concerning Councilman Almquist. (County’s Standing is to investigate violations of State and County Laws).  Therefore the matter lies/remains in the hands of the St. George City Attorney’s Office which as of this writing is yet to reveal PUBLICLY its intended course of action. (If Any) 

Perhaps the only way to get a straight answer from the city is to elect our City Attorney so that he might be held accountable to the public.  ED BACA

GOOD NEWS

 COMPREHENSIVE RESPONSE TO MAYOR’S CALL FOR MASTER PLAN

CITY MANAGER INSTRUCTS COUNCILTO IMPROVE ADMINISTRDATION OF CITY BUSINESS

March 25^th City Council Workshop Meeting marked the implementation of Mayor Pike’s call for MASTER PLAN….. Delineated planning….. A teaching moment put forth by City Manager for benefit of Council and City staff.

City Manager up to challenge…..Begins with basic review of where city has been and moved forward to new items….. Seeking to establish the foundation for the building of what can be called the First Phase of the Long Term Plan envisioned by Mayor Pike.

The Council, Department Heads and Key Personnel were in attendance and appeared eager to gain the knowledge necessary for implementing a fiscally responsible budget. City Manager outlined sources of revenue…..Detailed How and Where money comes from…..How it MAY and IS to be used….. How it is DISTRIBUTED and MITIGATING circumstances and conditions that come into play from various City Departments…. that in totality make up the City Budget.

It became apparent to me that….. City Mgr. Esplin had Changed/Matured in his acceptance/understanding of the benefits afforded by greater TRANSPARENCY in budgetary planning and in his approaching in EDUCATING new Council Members on how to successfully achieve City Goals.

In discussing which FUND does what IMPACT FEE’S/CAPITAL PROJECTS moved to center stage. Mr. Esplin cited the importance of knowing plans for the next 5 to 10 years…. And the effect these items have on the budget(s) that are to be introduced.

Mr. Jason Burningham was introduced as the City’s Financial Advisor and he proceeded to present the most interesting and comprehensive explanation of IMPACT FEE’S and how they are regulated…..Utah Code Title 11 Chapter 36A

Each City Department was identified……Current and Future financing for each Department was touched upon and the In’s & Out’s on how IMPACT FEE’S are distributed to each Department was discussed.

Each Department may/should project future growth for 6 to 10 years and should consider a population increase from 3 to 6 percent. It becomes a real balancing act that we can all appreciate. The importance of IMPACT FEE’S and RESERVE FUNDS (Important for getting Bond money) cannot be overstated.

Can you imagine that building a large Supermarket…..say 30,000 square feet can cost the builder in excess of $100,000 in Impact Fee’s.  (You have to look at each category that a particular Department may come under to see how much money it may draw from set IMPACT FEE’S) That is why it is so important to know that State Legislation sets the frame work and City establishes number of categories in determining Impact Fee’s…. City is required to have a Public Hearing prior to enactment of established Impact Fee’s. (Percent of Impact Fee’s to go to Fire, Police, Transportation-Roads-Bus, Water-Culinary-Sewer-Storm Drain-Treatment, Energy, Parks, Trails, Recreation, etc.)

Clearly Mayor Pike’s influence is being felt as he seeks to establish Long Term Planning Mechanism for the City and more firmly establish an open door….. Team Approaching in receiving and discussing issues of importance. (Much yet to be done on Code Enforcement Issues)

NOTED PERFORMANCE: The steady hand of Councilman Bowcutt is becoming more apparent as he asks pertinent questions……Councilwoman Arial is revealing her broad knowledge and understanding of Administration/ Public Service issues…..Councilwoman Randall is doing well with Veteran issues.

City Manager Esplin knocked it out of the Ball Park with this Budget Discussion for year 2014-2015. By far the best presentation and training session I have seen and heard over the last 10 to 12 years. 

Please continue to forward your thoughts and concerns. 

Thank You, Ed Baca