Show A2 Sanpete Suit Fraud (Continued from Al) (Continued nances that the city has applied the ordinance unfairly and arbitrarily and that it failed to calculate and adjust the Splish Splash fees in accordance with its own ordinance to a conflict of interest) “authorized payment of Ephraim City funds amounting to $5000” to Casperson This alludes to the failed land deal in 2002 in which the city council agreed to purchase land belonging to Casperson When the deal’s legality was the council backed questioned out Casperson paid back more The “city’s demand for $25 Neeley states in his filing “is illegal and a violation of state and federal law” But Neeley’s response to the city does not end there The counterclaim portion of his filing takes the city to task on several issues First he states that the city a knowingly allowed business directly south of Splish Splash to skimp on the required setback from street This Neeley claims has harmed Splish Splash’s business by obstructing the view of the car wash from the street and placed the building on top of a utility easement As evidence of the city’s lack of uniformity in applying the imhe accuses pact fees ordinance the city of failing to collect those fees from Olson when Olson constructed a new home Neeley charges that Olson fraudulently used his official capacity to escape payment of the fees In an interview Monday Olson emphatically denied the charge lie said he did pay impact fees and the city has documentation to prove it He added however that when he built his residence in 2(M)0 the city’s impact fee structure was different than it is now In 2001 the city following in a study the recommendations by the engineering firm Jones and DcMille changed how it calculates impact fees according to Jody Burnett the attorney representing Ephraim in its suit against (XX)” than $116000 but retained in “earnest money” “I don’t think there’s any basis for him to keep that gal money" Neeley said on Monday Finally Neeley claims that $5 former Ephraim Mayor Gary Anderson and members of the city council during his administration — identified as “John Does through 5” — used city labor and materials to improve properties they owned Neeley said that his accusations are based on “information and belief' and that details will be fleshed out during the discovery process which he said will “take months and months and cost thousands and thousands of dollars” his filing Neeley says his counter claim creates cause for damages and relief but the only specific relief he seeks is for “Ephraim City to correct the defective process” of calculating and imposing impact fees His filing does not specify what damages or remedy he seeks for the alleged misdeeds of city officials In Neeley's suit comes at a time when misuse of public funds is prominent in the news with Salt Lake County Mayor Nancy Workman appearing in court this week on felony charges of misuse of public funds Workman says that she did not personally benefit from anything but simply used county funds to help the Salt Lake Boys and Girls Club Splish Splash Neeley makes an additional charge that Olson in his capacity as mayor pro tempore (substitute mayor with the mayor is not available or cannot act due In contrast Neeley is accusing city officials of misuse of city funds and resources for personal benefit The Best Copy Center in Sanpete! At this point the case is purely a civil matter Sanpete County Ross Blackhani who was unaware of the case until Monday said that no criminal charges would be filed unless his offices received a formal complaint that included factual basis for an Messenger Office 35 (XX) S Main Manti As low as 5c a copy from Al) Johnson admitted to the charge and described his role in the scheme He reported that Randy McArthur who was an employee of the bank at the time would tell him what numbers to change on bank documents Then he would go to a local copy center in Ephraim and cut and paste the changes on to the documents In previous court appearances US District Court Judge Tena Campbell had stipulated that Johnson needed to find a job and serstay in contact with vices Johnson had failed to comply with the orders Consequently Campbell ordered him into the custody of US marshals immediately following pleading During his appearance also admitted to the charge and added that he had all the money away gambled McArthur was released on his own McArthur recognizance The embezzlement as a key element in the the Bank of Ephraim in Mclodie Rydalch with was cited failure of June and the US attorney’s office said “We will be that it bank (the failure) arguing should be taken into account” during sentencing Rydalch couldn’t speculate on what sentence Johnson and McArthur might recei ve but said “What will drive sentencing is the loss amount as established by the court” During the bank’s failure vestigators established the loss amount at $49 million and in a statement to FBI agents McArthur estimated he embezzled $5 million The prosecution plans to enter McArthur’s statement into evidence to help determine final embezzlement amount That amount “will be the most significant factor as to what the sentencing could be” said Rydalch Mayfield (Continued from A 1) new housing construction when a resident applies for a city building permit The $3000 fee is required for residents to receive culinary water in a new home City treasurer Catherine Bartholomew told the council she is resubmitting the application for a $1340 grant for park improvements The city is considering building a new tennis court with the grant money In a preliminary meeting before the regular council meeting Bruce Fuller presented improvement plans for his dairy In July he and his wife Maria Peterson took over the Stanford Peterson farm located on the Indian farm within the city limits The improvements would help in manure management Euller plans to pour a 70x70 foot slab of concrete over a gravel bed to hold the Wednesday September 15 2004 Valley Edition Messenger-Gunniso- manure and facilitate its removal A 30x40 foot concrete drainage pit will prevent manure seepage Manure seepage raises the sulfite level in the soil and consequently in the drinking water Fuller will also construct new corrals to the north of the existing ones but he will not increase the number of cows on the farm Also heard before the regular meeting were Wayne Branting and his sister Shirley Horrigan Branting has his trailer parked in Horrigan’s driveway as he does yearly when he comes to make improvements to Horrigan’s house Because of the death of Shirley’s son he has stayed longer than the limit Branting said he has no intention of staying permanently The council permitted him to stay through September Birth (Continued from Al) kept an extra day at the hospital because of the birth but Nay reported “The baby and the mother remarkably did very well” Jason and Jennifer named the chi'd Hunter Bousay Ball and said his name was meant to be: they were hunting when the child was born the dispatcher was named Trudi Huntsman and the sheriff’s deputy who reported to the scene had the last name of Hunt According to reports Hunter and his mother are doing fine and Huntsman has since been nominated to receive the Public Safety Medal of Excellence because the “excellent of her performance duties honorably represented the highest ideal of public safety — that of helping and serving oth- ers” aaaaiGW HELP WANTED Family Service Specialist needed at the Mt Pleasant Head Start Center Bilingual (EnglishSpanish) preferred Implements Social Services Parent Involvement Health Nutrition mental health and Special Needs efforts to Head Start children and their families AABA in Social Services or related field $1007 to $1347hour DOE 40 hoursweek Paid vacation and sick leave paid holidays retirement plan health and dental insurance Mail or fax resumes to: Centro de la Familia de Utah Attention: D Draper 1175 So Blackhawk Blvd 27 Mt Pleasant UT 84647 Phone or 9149 Fax EOE Position closes when filled 91 5MG oseMniy PRESCHOOLTEACHER Preschool Teacher $846-- 1347 DOE 11 paid holidays vacationsick time Eligible for 401 (k) retirement program after one year of employment Works up to 40hrs’ per week BABS in Early Childhood Education strongly preferred CDA required Bilingual EnglishSpanish required Must pass Background Criminal Investigation Mail resume or application to Sandra Nielsen Gunnison Head Start 151 S Main Gunnison Utah 84643 Telephone: or fax Position closes when filled EOE CDLF is a e and smoke-fre- e 91 5G employer Draw on Dur vestigation Sanpete News Company Inc publishing the GUNNISON SAKiPrrr Messenger Our long history of successful investment in this community gives you a wealth of business experience and offers a variety of financial services for small and mid-siz- e companies EDITION Member Utah Press Association Deadlines Post Office & Contact Information UPS Copynght Sanpete News Company lnc©2004 Atl rights served Reproduction or transmittal of all matter herein is prohibited without prior wntten permission of the publisher Published each Thursday for 75c each $2400 inside Sanpete County $2700 outside Sanpete County by Sanpete News Company Inc 35 S Mam Manti Utah 84642 Phone fax publishersuzannesanpetemessengercom stories to newssanpetemessengercom ads to: Hoydsanpetemessengercom 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