Show - rrips'cvw 75 gunnison Sanpete ESSENGER VOL 83 WWWSANPETEMESSENGERCOM NUMBER 37 Wednesday 7547 Mostly Sunny Thursday - 8249 Mostly sunny Friday - 8250 Mostly sunny Saturday - 8148 Partly cloudy Last Week’s Weather Reported by Lee J Anderson IMS P Bluegmss Festival held in Spring City By Ben Fox SPRING CITY— Fans from around the county gathered at Wind Walker Guest Ranch last weekend to enjoy a day of live bluegrass performances The main attraction was Lost Highway a band from California Other bands that performed were Round the Bend Shades of Grey and Fault Line Bill Peterson founder of Palisade Pals hopes the event w ill be the first of many festivals at “Networking w as the key to putting together the event and attracting a crowd” Peterson said The festival was established as a fundraiser for Palisade Pals “The festival is not only a fund raiser for these kids but a learning experience” Peterson said “None of these girls have ever been out in the work force This was a great way for them to learn" said It! uYou ‘Splish Splash’ oh what a clash! Suit accuses Ephraim ojficia By John Hales Staff writer MANTI — A Manti attorney is using a dispute with Ephraim City over impact fees for his car wash as a springboard to go after present and past city officials for an array of alleged misdeeds The allegations contained in an “answer counter claim and third party complaint" filed in Sixth District Court are the most recent volley in a dispute between Doug Neeley an attorney and an owner of Splish Splash Cur Washes and the city over $25000 that the city says Neeley owes in development impact fees In his countersuit Neeley blames Councilman for permitting Olson Don Mayor Morris Casperson to keep $5000 in “earnest money” following the niayot ’s attempted land sale to the city Neeley also charges that Gary Anderson a former mayor along with former council members used city crews to improve personal property can start serving your time now ” The legal tussle between Neeley and Ephraim City began when Ephraim filed suit to collect the $25000 that the city says Splish Splash has owed since the car wash on the north end of Main Street was completed in 2001 Linder city zoning and development ordinances all developers aie required to pay certain fees to help cover the additional public costs including utility costs their developments create Generally fees must be paid is occuthe development pied Splish Splash and I1TWN refused to pay and challenged the city’s calculation of the fees by submitting a “Notice of Claim and Intent to Commence Suit” Neeley is listed with the Utah By Sean Hales Staff writer AXTELL— A Brigham City couple who went bow hunting in the mountains west of Axtell will be telling their hunter's tale for years to come On Friday Sept 3 their hunting trip turned into the special delivery of a baby who wasn’t due for another five weeks Jennifer and Jason Ball were camping near Anthony's flat Jason Jennifer and their first child hurried down the mountain in an attempt to reach Gunnison Valley Hospital before the baby came At 2: am on Friday morncall came into Sevier ing a County dispatcher Tmdi Huntsman On the other end was Jason asking for assistance I luntsman asked Jason about the state of his wife and according to a release from the dispatch center “When it became obvious the birth was imminent Trudi structed the young father to stop the truck and move his wife into the back scat in a comfortable (to prepare for the position birth of his baby” General Excellence By John Hales MANTI — Manti and Ephraim witnessed a restaurant juggling act this week as Don’s Gallery Cafe formerly of Manti settled into its new location in Ephraim while Open Hearth of Ephraim announced plans to expand into Don's former location in Manti Open Hearth owner Brent Anderson says that his new site B1 B3 B6 winner No resolution was reached Late last year Ephraim City filed suit saying that the “defendants have benefited from the availability of public services from the city” while refusing to pay the requisite fees Tw o weeks ago Neeley filed his answer counterclaim and third party complaint In the answer portion of his filing Neeley's questions the city's claim that construction and operation of the car wash has created an impact on city services that justifies the fees being demanded He further contends that Ephraim failed to follow procedures outlined in state law in enacting its impact fee ordi- (See “Suit” on A2) “It came really fast” said Dr Richard Nay of Gunnison who reported to the scene Citing an old wives’ talc Nay said that the bumpy canyon road contributed to the speed of the delivery "They didn't have any choice they had to deliver" Jason delivered his own child near Willow Creek Reservoir at about the same moment Salina Emergency Medical Technicians arrived on the scene The EMTs took care of the umbilical cord and placenta and rushed the baby and new mother to Gunnison Valley Hospital Jennifer and the baby were (See “Birth” onA2) SEPTEMBER 15 2004 Sean Hales By Staff writer SALT LAKE CITY— Two men charged with fraud for embezzling nearly $5 million from the former Bank of Ephraim over 20 years both pleaded guilty Monday to one count each of bank fraud In separate court appearances Dean Johnson 50 of West Jordan and Randy McArthur 50 of Ml Pleasant accepted identical offers from the US attorney’s office in exchange for their guilty pleas Both had onginally been charged with three counts of fraud Sentencing was set for Nov Randy McArthur 22 The agreement stipulated that prosecution would “recommend that the defendanl(s) be sentenced at the low end of the applicable sentencing guideline range” and would also recommend that “the delendant(s)’ offense level under the sentencing guidelines be decreased by two or three levels for acceptance of responsibility” Both men would also have to pay restitution in the foint of a $1 million tine or “twice the gioss gain ot loss whichever is greater” During his Dean pioceedings (See Johnson “Fraud” onA2) Mayfield seeking to fill council vacancy council came to ago to woik at the He Gunnison Dairy majored in diesel mechanics and then earned a at UVSC degiee in business management at Cal Poly in San Luis Obispo Calif He worked as assistant manager of the Utah State University Dairy in Logan before coming to Sanpete County Knudsen and his wife Analec Cobble operate Heaven Wagon Rides offering rides throughout the valley with paired Belgian horses They have seven children The council also voted to collect the impact fees for with the town Margaret Amy Knudsen Staff writer MAYFIELD — Mayfield 25 years in management The Mayfield Town Council has invited interested residents to apply for a vacant seat on the council At the Sept 8 town coun- meeting the council explained that Councilman Reid cil Knudsen has been hired by the city to fill the jobs vacated by Vest and Paul Garth Christiansen so he will leave his seat on the town council The new council member appointed would serve until November 2005 Knudsen’s new job will include upkeep of the park cemetery and town hall He will read water meters and oversee state required water analyses (Sec “May and will work closely will be “challenging" because it will be a restaurant an upgrade from the little sandwich shop he has run in Ephraim for three years The Ephraim shop will continue to operate When Don’s closed down in Manti due to a lease conflict with property owners Steve and Esther Thorsen questions arose about the fate of the restaurant building which is adjacent to the Manti Country Village Inn Rumors originally reported that Ernie and LuDon Augustus owners of Don’s Cafd had been evicted from the building However Esther Thorson said that the Held” on A2) ri t' Augustus’ broke their lease by closing the restaurant on Sunday Because the restaurant is connected to the hotel the terms of any lease on the restaurant require it to be open on Sundays to serve the needs of hotel guests The breaking of the lease required Don’s Cafe to relocate to its new location on Main Street in Ephraim LuDon and husband ‘Gus’are now running Don’s Gallery Cafe from their new Ephraim location LuDon is the official owner and Gus manages the cooking Anderson and the Thorsens have been busily preparing for Open Hearth’s grand opening which is expected to happen by the end of the month — — — r SUZANNE DEAN irr MESSENGER PHOTO Brent Anderson proprietor of Open Hearth in Ephraim will now be running food business in Manti as well where former Don's Cafe was located V COPY WEDNESDAY Don’s to Ephraim Open Hearth adds Manti A6 A10 Utah Press Association to begin operations by submitti$10000 check which was to be held in escrow until the dispute could be resolved ng-a Bowhunt ends in surprise birth finding a job Lifestyle Classifieds Sports School Directory Department of Commerce as registered agent for both corporations On Feb 15 2002 the city council approved a compromise that allowed the car wash UTAH Johnson McArthur plead guilty to Bank of Ephraim fraud By Staff writer — US District Court judge Tena Campbell to Dean Johnson Johnson was late for his court appearance and failed to meet the requirements of the court such as Moreover Neeley is demanding a jury trial which would result in a public airing of and verdict on his allegations The city council held a r session Wednesday Sept 8 to discuss the suit and scheduled another executive session this week in Salt Lake City during the Utah League of Cities and Towns convention of misdeeds Baby born in truck about halfway up the canyon when Jennifer’s water broke Jennifer’s doctor had given her permission to go hunting because the baby wasn't due for quite some time You MANTI |