Class Action Lawsuit Brings Attention to City Administration

TIME appears to have run out.  The 120 day period allowed for the City to negotiate out of Court settlement of issues of ALLEGED violation of 4^th amendment rights appears to be coming to a head with anticipated amendment to the lawsuit moving forward to a PUBLIC day in court.

NO question that allegations cited in the form of a class action lawsuit against the city reflects poorly on City Administration and its inability to remedy a long standing need to reform City Ordinance and Code Enforcement practices. (A situation Mayor Pike has promised to correct).

CLEARLY the ALLEGED and/or perceived hardship inflected upon citizens depicts an inert description of City Administration.  Code Enforcement, ALL Law Enforcement should be free of political influence when it comes to administering justice and protecting the rights of people to be secure as outlined in the Constitution of the United States. 

WE cannot…we must not…allow City Administration to remain fallow in cultivating constitutional protection for its citizens. Adequate training and supervision of Law Enforcement efforts requires constant attention in good times and in bad times. 

It is evident that during a period of civil litigation City Administration must of necessity remain silent on efforts being taken that may have a negative impact in defending against a lawsuit. However, this does not mean that the Mayor and City Council should refrain from holding City Administration accountable from its duty to enforce ALL laws and ordinances and to do so in an acceptable way. The public should be able to review policies and procedures that outline how public service is to be performed. (Make it easy to do so).

The old guard at City Hall must change its ways and join the Mayor and City Council in its efforts to bring transparency into city government.

I believe it is in the city’s best interest to be proactive in establishing and publishing what is an acceptable job performance so as to prevent costly law suits and disputes, which reflect so poorly on our city. (City Administration must not fail to provide adequate training and supervision for all employees).

WHAT DO YOU SAY? Do we allow City Administration to remain idle or do we stand up and support Mayor Pike’s efforts and raise the bar for acceptable administration of city government and reform Ordinance and Code Enforcement efforts?

Thank you for your attention and participation in monitoring city government.   

-Ed

City Council Welcomes Public Comments - Citizens Seek Answers

February 6, 2014 City Council Meeting began with the timely arrival of all elected officials and city staff.  The new starting time of 5:00 P.M. brought with it the appearance of a sincere and genuine effort on the part of Mayor Pike to incorporate a time for Public Comments. I may have detected the appearance of discomfort by a high ranking staff member (who will remain un-named) but apprehension appeared to wash away as the fear of actually allowing the public to respectfully present issues and seek answers proved to be constructive and edifying. 

Prior to beginning, the point was made that issues raised may be adversarial in nature with opposing sides not being present to state their positions on unannounced topics. However, the Council and Staff being present would be in a position to articulate the city’s views and legal considerations. This being the maiden voyage of public comments care would be taken to insure fairness in presentation of issues. 

As the process unfolded, one could surmise that while each presenter was serious about his or her particular issue the level of importance was readily apparent. Yet the act of actually listening to each presenter seemed to dissipate the cloak of oppression and inequality expressly felt by some and the fear of opening the door to criticism felt by others, slowly melted away. A feeling of unity of purpose in the democratic process appeared to take hold.

It was nice to see and hear city staff respond to issues presented in a constructive and informative manner. It was time to put defensive practices aside and to address issues on the merits of each topic. All were made to feel welcomed; a true act of Public Service.

Many issues were raised that can be deemed to impact on the Quality of Life in St. George. My Friends, upon conclusion of Public Comments each agenda item was addressed and clearly the BIG MONEY issues brought forward by Zoning and Code Enforcement came to the forefront. GROWTH and DEVELOPMENT and how we manage it, dominates and consumes Council and Public Attention.

I noted and appreciated the fact that Public Comments were allowed to be made on important agenda items. It was impressive to see the Council NOT get bogged down, by approving Road Construction in the Little Valley Community and by moving forward on Animal Care and Shelter issues.  The open and frank discussion of the General Plan and Zoning/Ordinance issues that included an explanation of FLOOD WAY vs FLOOD PLAIN in the proposed commercial development at 1450 South and River Road was informative.

THIS brings attention to last week’s article in which I reported submitting a GRAMA request to the city in order to receive WRITTEN  documentation from the city that could be shared with you to further enlighten and inform on the matters pertaining to ACCOUNTABILITY on the issue of Zoning and Code Enforcement.

WELL, I received a letter from the City in response to this request which I concluded was authorized and approved by the City Manager and City Attorney which reads as follows:  I am in receipt of your GRAMA request received January 30, 2014, and would like to respond thereto. The information you are requesting can be found on the City’s website. Please visit www.sgcity.org and click on “City Codes and Ordinances”. Additionally, the zoning zones are shown on the City Map which can also be found on the City website by clicking on “Sgcitymaps application”.

It goes on to state, “You may appeal this decision by filing a notice of appeal with the City Manager, Gary Esplin”.   SO MUCH for trying to keep you better informed with the spirit of cooperation and public Service received from City Hall.  This attitude appears on its face to be counter-productive from events described in the city council meeting described above. Folks, try and navigate through the City website and Utah Codes, Chapter 9 Records Access and Management Act. (1-9-1 adopted by reference.) PERHAPS given enough time the defensive posture of the Old Guard at City Hall will give way to the true meaning of Public Service. “Attitude is a small thing that makes a BIG difference”. Please forward your concerns for city issues.

Thank you, Ed

City Zoning & Code Enforcement

WHO IS RESPONSIBLE FOR SEEING THAT EQUAL AND FAIR TREATMENT IS GIVEN TO ALL

January 30^th Council Meeting brings forth a request to consider approval for amendment to the City Zoning Regulations, section 10-10-5: K to modify the requirements for MIXED USE projects in C-4 zone. (This may change the face of our city). Continued for further study and final version.

A request to consider approval to hire an architect and engineer for the design and engineering of the Electric Theater Restoration/Renovation project. (Does this answer Performing Art’s Needs)   

UTAH ZONING LAW- Introduction States:  Within . . .zoning districts, the (local) legislative body MAY regulate and…..restrict…..the erection, construction, reconstruction…..alteration…..repair…..or use of buildings and structures, and the use of land. (What and HOW has our City regulated?)

Utah Zoning Law empowers cities to divide or “ZONE” the territory within their boundaries into DISTRICTS and to regulate land uses therein. Code Enforcement is an integral component of how CITY regulates and keeps OUR house in order in a fair and impartial way. HOW is YOUR immediate residential area represented……SHOULD  the city be identified by DISTRICTS and should/or would your neighborhood benefit by having Elected District representation (City Council) to INSURE YOUR neighborhood/community is getting the attention it needs and deserves?

ALL TO OFTEN we hear that the Rich and Powerful…..those with “Influence” are the squeaky wheel that gets the grease……DO you or SHOULD you have to be an office holder within a Political Party…… An active participant in the local Chamber of Commerce……. An active member of a Civic Organization to get attention to zoning…..And enforcement of City Ordinances?

Do we expect…..LAWS ……That are on the books to be enforced when violations are clearly evident to Police, Code Enforcement Officers, City Manager, City Attorney, Mayor or City Council?  Who IS held accountable?

  …..For example Businesses Conducted in a residential area that are not ZONED for such activity…… Businesses that fail to comply with lot or building   requirements. Does this impact YOUR property values or business interests?

LET US TRY and get a handle on this issue by referring to St. George City Ordinance 1-7A-6: Powers and Duties: (2/1/05 3:50PM)

The city manager shall be the administrative head of the government of the city under the direction and control of the MAYOR and CITY COUNCIL, except as otherwise provided in this article. He shall be responsible for the efficient administration of all affairs of the city which are under his control. In addition to his general powers as the administrative head, and not as a limitation thereon, he shall have the powers set forth in the following sections:

 I will list only section A.  Law Enforcement: It shall be the duty of the city manager to enforce ALL laws and Ordinances of the city. (2/1/05)

 Does a conflict of interest exist in having City Attorney direct/supervise Code Enforcement efforts knowing that he may be called to prosecute cases under his supervision……on Zoning and Ordinance that his office has written….. Perception matters…..Both Politically and in Business interests of city.

Our Federal Government is often criticized for inaction (Selective Enforcement by Attorney General and IRS), but who in Local Government has statutory authority to suspend or arbitrarily prevent Code Enforcement without due process of law?  Are we in effect giving permission to violate ordinances by inaction? (Looking away, choosing not to see.)  If we can’t control local government how can we be expected to do any better with Federal Government.

NOW my friends in order to better understand our zoning and city ordinances I have filed a GRAMA request for city records….. that will shine a light on this issue. So that we might have a feeling for the impact upon a residential section of our city, let us look back to last week’s Planning Commission Meeting in which an applicant for a Commercial Business seeks approval to build at the intersection of 1450 South and River Road.

Would YOU like to see…..  A Giant Smith’s Food King Grocery Store, A Jiffy Lube, A McDonalds Hamburger, or any assortment of commercial business located at this site.  Is this important only to those who live immediately above this commercially zoned site or does this correctly impact the entire surrounding area?

However you may feel about the issues of Zoning and Code Enforcement it is important that citizens be made fully aware of the legislation enacted by the City as authorized by Utah Zoning Laws and to standardize Enforcement efforts.  The light at the end of the tunnel is the Mayors stated goal…..To review and update all city ordinances and improve upon enforcement efforts.  

Forward your concerns to ED BACA.

 

Council Moves Forward; United, Non-Contentious Attitude of Service Adopted

January 23, 2014

The Council Chamber was full and a business like atmosphere was felt in keeping with the character of our new mayor. Council Members appeared to have fallen into step with the direction mapped by Mayor Pike. A change in methodology was taking place, a comfort zone had been found in the upcoming appointment of Bette Arial as the new council member.

Perhaps the most telling sign of change was the transfer of power taking place. Ever so slight the large ship of city government is beginning to turn. As I walked towards the Council Chamber I passed City Manager Gary Esplin, who appeared somber and tired as he walked away.  I was somewhat saddened, yet I knew that this day was inevitable. A meaningful change was in progress. A positive change of how business is to be done.

The excitement and apprehension was immediately felt upon entering the packed Council Chamber, not only the usual humdrum of activity but you could also feel the serious nature of what was to take place.

I was fortunate in that I was able to sit next to Tara Dunn whom I have come to know and appreciate and who like many others I have come to recognize as a good friend, one with courage and ethics that I admire.

Slowly and methodically the process of revealing the identity of Mayor Pike’s replacement on the council moved forward.  Due diligence having been applied, all requirements having been satisfied. BETTE ARIEL was appointed and sworn into office.  A GREAT CHOICE!

Bette is a woman with proven credentials of competency and a person who represents high moral values. A person I am sure we will all come to appreciate.

I believe Bette is a good fit as she has worked side by side with Mayor Pike on Dixie State University Board of Trustee’s and they appear to be able to work well together and share a conservative approach to governing.  

It will be interesting to see how our new council addresses the pressing issue of overseeing how City Code Enforcement issues are addressed. Perhaps Conflict of Interests and Ethics will be included in the process and the findings be made known to the public…TRANSPARENCY IN BLOOM.

YES, the next few years will be interesting as we watch the political future of Mayor Pike unfold and watch the behind the scenes activity of the supporting cast.

Many issues and challenges confront the developing City of St. George and we look forward with great anticipation on how we are to conduct ourselves if we are to succeed.

The issue….. Raised by Tara on the oppression of those…..Not of the Mormon faith in City Government will most certainly not go away. The solution may be found in VOTER turnout and in how we as individuals treat our fellow man.

Please forward your concerns on how our city is governed and what your section of the community may be in need of to me.

Thank you, Ed

Transparency Arrives

Like a fresh breath of spring, TRANSPARENCY entered the City Council Meeting and the new broom (Mayor Pike) began spring cleaning. As he eased in to the agenda, a new management style became clearly evident.

You could tell by the look on the faces of those present that they were comfortable and eager to join the process of doing the peoples' business.

Mayor Pike began the meeting by inviting Councilman Almquist to lead us in the Flag Salute and Councilwoman Randall was asked to conduct the Invocation.  Regardless of how you many feel about opening exercise, we can ALL celebrate the fact that we yet have the FREEDOM to do so.

The Administrative Conference Room, where Workshop Meetings are routinely held, was filled to capacity. I could not help but notice that at least 3 candidates who applied to fill the vacated council seat created by Mr. Pike’s promotion to mayor were present. The remaining 21 applicants who indicated a desire to serve on the council were, to my knowledge, not in attendance for reasons unknown.

I had the pleasure of sitting next to Mari Smith who represented Southern Utah Home Builders Association.  On December 1^st. Mari was called to replace Carol Sapp as the new Executive Officer for SUHBA. Best wishes to Carol and Mari.

The first order of business was council approval for the County to be given authorization to use a city building located on the Old Airport site. Dean Cox, County Administrative Manager (and husband to applicant wishing to fill vacated city council seat) made the request due to a recent fire that destroyed USU Extension office. A fine example of inter-agency cooperation.

Next on the agenda; Bloomington Community Council, led by Mr. Gayle Maxwell, submitted a request for the City to support their efforts to have 4 Pickle Ball Courts built in their community. Bloomington residents would contribute as much as $25,000 to the project they estimated to cost approximately $52,000.

The City estimated the cost to be closer to $190,000 and some discussion took place as to drainage and lighting costs and as to who’s cost estimates were most accurate. It was concluded that further discussion between the two parties needed to take place to determine the actual cost of the project.

My friends, here is where it really became interesting.  I thought that City Manager Gary Esplin presented himself at his finest. Mr. Esplin adopted a position as the Senior member of this administrative body and acting as a true professional and credit to his office, he methodically directed the discussion giving new council members a lesson on how the expenditure of city funds can be accessed and successfully budgeted. The lesson highlighted his expertise on use of Capital Funds, Park Impact Fees, and funding opportunities in this or next year’s budget.  The matter was continued to the next regular meeting.

The very important issue of Mixed Use Zoning was examined. Mr. Randy Wilkinson, Developer for a major and historic Downtown project, was present and it was determined that further detailed discussion was warranted. The matter was continued with City Manager Gary Esplin voicing his opinion that he had no objection to getting an RDA for the area in question.

THE MOST PROMISING AND ENCOURAGING words of this council meeting were spoken by Mayor Pike. First, the mayor requested each council member to share/give their input on any issue they might deem important and directed them to report on activities of Committee’s and/or Boards on which they sit and represent the city. These reports are to routinely take place at the end of ALL future council meetings.  The importance of this action CANNOT be over emphasized!  It ushers in an era of TRANSPARENCY and provides a sorely missed element of government…PUBLIC ACCOUNTABILITY.

               ATTITUDE is a little thing that makes a BIG difference.

Thank you, Ed

Service is the Motto for New Mayor and City Council

January 6th

City Council Chamber was packed to capacity with friends and supporters of our newly elected Mayor and Council Members. Sworn into office by Utah Fifth District Judge, Eric Ludlow, our new mayor and council proceeded to take their newly assigned seats at 12:13 P.M. You could feel the excitement and the newly created energy take hold. Mayor Pike clearly voiced that he and council members would be dedicated to the service of St. George residents and those in surrounding communities with a continued spirit of cooperation with other agencies and State and Local elected officials.

We have all been correctly taught that ATTITUDE is most important in all that we do, be it interpersonal relations or in addressing assigned duties and responsibilities. So it is that we are able to appreciate the tone that has been set by Mayor Pike and now made evident in the demeanor of Councilwoman Randall by her seeking to quickly learn all aspects of her newly attained position. Councilman Bowcutt has equally adopted and displayed an attitude commensurate with the motto of service declared by our mayor. Joining this orchestration is Councilman Almquist and Hughes, who are acting to support the direction the Mayor is taking.

My Friends... The future REALLY looks and sounds promising. Especially when one stops to appreciate the words uttered by the Mayor in which, he invites the public to come forward; “communicate your concerns” to the Council, “put US to work,” we want to be open and Very Transparent as we move forward. The mayor emphasized the point by stating “You are the stockholders. We are just the board of directors”.

The Stage is set and the performance begins.

January 9^th

The mayor, true to his word and seeking to hit the bricks running on this first fully calendared meeting asked that the Council’s first act be to establish, as promised…The Veteran Advisory Committee.

Councilwoman Randall is to represent the Council on this committee which is expected to meet regularly in its efforts to promote the health and welfare of veterans who may be in need of assistance and while doing so also serve the interest of the community at large. “A PROMISE MADE AND A PROMISE KEPT”

Mayor Pike then moved to relinquish his position on the St. George Housing Authority and appointed Councilman Hughes as his replacement on this very important Board.

My Friends, towards the end of this Council Meeting time was taken to recognize and praise the accomplishments of Larry Bullock, Director of Public Works who is to retire next month having completed 35 years of service.

Mr. Bullock has planned retirement activities all of which will be absent of required date of completion and budget considerations.

KUDOS to Mr. Bullock for a job well done! Thank you for your years of service to the City of St. George.

The Council agenda included many other items and will in future articles be presented in the Senior Sampler.

One such item that is considered very important to the development of the Downtown Area was the Public Hearing to consider approval of an amendment to the City Zoning Regulations, Title 10, Section 10-10-5.K and 10-8-7.G to allow the City Council to waive the ground floor commercial requirement in MIXED USE projects subject to certain conditions.

Detailed discussion of this meaningful change is expected to take place at the next City Council Workshop Meeting. 

Please feel free to forward me your concerns,

Thank You. -Ed

St. George - The Coming Together of its People

The year 2014 is upon us and as we stand to the side and view the historical events taking place at City Hall, we can take heart in knowing that the city economy is on an upswing.  The increase in building and development brings with it an increase in revenue to city coffers and opens the door of opportunity.

What an opportune time for the coming of a New Mayor. My observation of the smiling and friendly face identified as Jon Pike brings joy to those of us that care deeply for our community and hunger to be made a welcome part of this wonderful city.

Folks, I can’t tell you the number of times I have been contacted by those who have moved into the city over the past several years who have expressed their feelings about wanting to be as valued as those who were born and bred here, who want to contribute, who want to be respected and listened to, and to no longer be thought of as an outsider.

The opportunity to expand and grow not only applies to important economic principles but also to social issues; regardless of political, religious, or ethnic backgrounds.  The time is NOW for the city to take the next step in bringing us together.

I would like to share my observations of the person now known as OUR MAYOR, Jon Pike. The person I have closely observed in countless meetings in which his genuine, CARING attitude brings forth the feeling of acceptance and willingness to engage all facets of the community while at the same time being practical and displaying a good business sense.

Having said this and having taken note of Mr. Pikes stated goals for our city (which I support) I feel it important to identify priorities for the spending of growing City revenue.

As reported in recent City Council Meetings, and duly noted, the City has spent large amounts of money acquiring property for development of the Arts. This begs the question; Should this include a Performing Arts Building that will be built to accommodate all forms, such as the St. George Musical Theater?

Is it to be a priority to improve Bus Services. My friends, in the December 12^th City Council meeting the issue of increasing revenue for Sun Tran (city bus service) was discussed. The need to finance the hiring of 3 new full time employees, thereby removing part-time positions, was made known to be necessary to maintain appropriate level of service.

One method to bring in needed money is to sell advertising space on buses. Large spaces, maybe 84 inches x 84 inches at a cost of 11 to 13 cents per inch, depending on the number of days the ad runs may bring in as much as $144.000 (Ads on 4 Buses for a year).

The editorial content of ads is an important factor as Free Speech Issues become very meaningful in that local cultural values may be impacted. What do YOU want to see and read on a passing bus?

The establishing of PRIORITIES and funding sources, and where and how our monies to be spent are of interest to tax paying citizens.

These are but a few issues that our new Mayor and City Council will be asked to address.  Please forward you thoughts and concerns on these issues to me.

Thank You, Ed