OCR Text |
Show jjgtWlWifMygaOTH Thursday OiNBr flOBMB9a4V( JV7 I 11 1th Year February 28, 2002 -- Price, Utah No. 18 Carbon o fficials decide to abandon subdivision Judge slates hearing )n Heffelfinger cases ijy LYNNDA JOHNSON Sun Advocate editor The 7th District Court has jfcheduleda preliminary hearing fate in the attempted aggravated jpurder complaints filed against Vie subjects of October 2001s Jiiassive manhunt in Carbon 3ounty. " Last Hiesday , the defendants appeared via video camera before Judge Bryce K. Bryner at continued proaxdings in the first degree felony level criminal cases. Carbon County Attorney Gene Strate acted as the state prosecutor, while Michael Harrison represented Lewis Heffelfinger and David Allred served as defense counsel fin Michael Heffelfinger at the Feb. 21 hearing. After determining that the prosecution and defense were prepared to move forward with the complaints, the court set a March 28 preliminary hearing date and specified that the proceedings commence at 9 a.m. before remanding the father and son duo bade into continued custody at the Carbon County Jafl. The court has granted several continuances in the first degree attempted aggravated murder cases, the latest involving Heffelfingers intent to defend against the local charges on insanity grounds. However, the defense later withdrew the insanity defense motion and requested that the court order confidential mental competency evaluations of Michael and Lewis Heffelfinger. Judge Bruce K. HaUiday granted the motion prior to the Feb. 19 hearing. ' In addition to the postponements in the 7th District Court By RICHARD SHAW Staff reporter Daggett County Attorney Dennis Judd previously Lady Dinos prepare tor state, '6A 500 an- nounced that the prosecution had decided to delay filing formal charges against the Heffelfingers in connection with an Oct 21, 2001 double homicide incident near Dutch John. The investigation into the homicides in Dagtt County is continuing and all leads are being pursued, indicated Judd. The (klay in filing charges facilitates the collection and thorough evaluation of all evidence and provides the opportunity to pursue various leads. Families erf the victims, Brad Gross and Kelly Carter, have been consulted and advised concerning the decision. On Oct. 25, the Carbon County Attorneys Office filed a formal criminal information in the 7th District Court charging the father and son duo with two separate attempted aggravated murder offenses. Along with foe first degree counts, the complaint charges the father and son duo with two additional felony level charges, one second degree theft and one third degree failure to respond to a law enforcement officers signal to stop (evasion) offense. The local felony level charges stem from a purported hjgh speed chase incident following foe alleged double homicide in Daggett County. At approximately 6:30 pjn. on Oct. 21, 2001, criminal investigators from foe Daggett County Sheriffs Office responded to a double murder report at a remote site near Dutch John. The authorities determined that two suspects had apparently fled foe scene in a (Continued on page 2A) The French Quarter issue was remedied last Wednesday when the Carbon County Commission voted to abandon the subdivision, but keep the zoning on the prop-ert- y . in place. The debate has continued for more than two months. The issue has bounced between the planing-zonin- g board, which recommended the changes, and the commission meetings, where residents voiced concerns about reversing the process that started when the farm land was changed to a designation for the housing development I think, when you hear what he wants to do with the land, this can all be worked out, said Joane Pappas White referring to the petition from Gary Scow for the change. I dont think his desires and what we all want are that dif- ac-tive-ly ferent Price Police Officer Tracy Allred checks a motorist's identification during an extensive manhunt last October. On Oct 21, 2001, Daggett County investigators broadcast a statewide attempt to locate in connection with a double homicide near Dutch John. Local authorities spotted a suspicious vehicle on U.S. 6, but the pickup truck reportedly failed to respond to the flashing red lights near Martin. Shortly before arriving at the west Price exit the truck picked up speed and a pursuit ensued. When the truck hit spikes placed across the highway, the two occupants reportedly fired shots at pursuing patrol cars The pickup careened off the road into a field near Creekview, creating heavy (fond of dust that concealed the suspects while the pair exited the vehicle and fled the scene. White has beena critic of abandoning the subdivision due to water problems that have reportedly affected 125 acres she leases nearby. I just want to put the ground back into one lot so I can farm it, Scow told the commission. I want one area to build a house and the rest I want to return to agricultural use. Part of the debate has apparently involved misunderstandings zone will about what a and will not allow. Scow has been concerned that, ifthe subdivision were abandoned without a zoning change, it would not allow him to do some things he wants to do. As a department, we want to 00 keep the zoning intact, said county building director Dave Levanger. It is important to note that, under these conditions, the land can be used for what Mr. Scow wants todo under the present zoning. All you, as a commission, have to do is abandon the subdivision and he can proceed with his plans. In the past, there has been concern that the county would be liable if the utilities were left in place and created problems for people living nearby. Shane Campbell of Scamp Construction told the commission that some sewer and water lines were laid with gravel underneath. Even if plugged, foe lines could act as a leach drain, carrying water away from some areas and toward others. Scamp Construction installed the utilities, but halted construction when the project defaulted. One of our biggest concerns is that someone will come in and try to develop something less than was originally proposed on the land using the present utility systems, indicated White . The tjpe of development proposed, a very classy subdivision, was what neighbors agreed to. We dont want something else in its place. White felt the county shouldnt let Scow assume liability because, if something went wrong, he would not have tire resources to handle the situation. One problem identified by officials was the way the letter of credit was handled. The zoning department released $75, (XX) of the line because of the partial completion of the project was presented, $21X1,000 remained when it was revoked. Most officials have questioned the way the lending on page 4A) Director discusses county planning, zoning guidelines By RICHARD SHAW Staff reporter While Carbons governmental entities are not bureaucracies with multiple layers, the various departments within the county can be somewhat confusing to citizens. For instance, take the depart- ment of planning and zoning. Within the department lies several specialties that many people dont know about or underhand. is One ofthe most the planning department. Ifa resident wants to build a house or structure, the individual must go to planning to get a permit Sane people may view the process as an infringement on property rights. But planning isnt there to impede individual rights, but to protect foe community at large. Everything that is done in the county as far as construction and well-kno- Dave Levanger, Carbon Countys planning and zoning director, reviews state statutes while working on an issue related to the department Levant's job is to see that the county department acts in the best interests of the public at large. building starts with planning explains department director Dave Levanger. Like police officers, planning officials sometimes jpve people bad news or keep residents from doing things that are against regulations. Our baric direction comes from state law, indicates Le . Guardsmen return from security duty at Olympics By KAREN BASSO Staff reporter ' Several members of the local Utah National Guard unit recently returned after providing security for the 2002 Winter Olympia in Salt lake City. ' Most of the local guardsmen worked at the Olympic events for the last 45 days and are pleased to be home, but dona regret foe experience. '4 Some of the workers were assigned through unit activation and others simply volunteered for the duties. Tfeny Ericson, a local member ofthe Utah National Guard, was part of an activated unit that attended the Olympic events. y; Ericson was stationed at vari- ous locations throughout the events, including foe Homestead in HeberGty and Soldier Hollow. While stationed in Heber, Ericson had foe opportunity to meet many of foe letes and their families and also several members of the internaOlympic ath- tional media. Ericsons duties included searching bags and providing general security for the athletes housed at the Homestead. Ericson also provided security at Soldier Hollow where he was able to watch much of the biathalon event It was interesting beingapart of the games. I was able to watch some of the biathokm event and meet athletes from across the globe, explained Ericson. Boy Anderson was another guardsman who participated in Olympic security. Anderson was stationed hi Salt Lake, where he was able to provide security at several venues while working under the direction ofthe UntedStafesSecrctServioe While volunteering at the vanger. The regulation in Utah is called the County Land Use and Development Management Act The codes a county enacts must reflect that act The duties of foe county planning department are numerous. The first is to make sure a master dan for building and zoning is in dace. In 1996, the commission approved a master plan for Carbon County. The plan was created with a series of meetings with foe public and officials for foe year before the proposal was approved. Master planning has been going on fora long time, comments Levanger. There was one in foe 70s and one in the 60s and probably ones long before that-Bu- t times change and plans need to change, too. When the meetings were taking place, more than 150 citizens were involved in the process. In some ways, we began with a dean slate and asked the public what they wanted, pants out Levanger. We asked them about the uses of the land they wanted to see and began working from there. A contractor specializing in county master plans was hired and worked with various committees tj V.-.- formed with interested citizens. Once completed and adopted, foe plan determines land use in the county. What was neat is that it was a real grass roots decision, reveals Levanger. But foe idea of foe public having its cake and eat it, too, isnt always possible when it comes to land use and development In the meetings, many of the people wanted to keep the quality of life we have in Carton County, states Levanger. But they also wanted industrial and other development so there would be good jobs and their children could stay in the county. Often when one thing changes, another will also change, not always for the good. One thing that Levanger is most proud of is how the Ridge Road corridor was set up for industrial use, thereby mitigating problems in other parts of the county. That has worked very well, explains Levanger. Joy Machinery, Nielson Construction and Nelco have all moved out there. There are others planned. We have a few residences in the area and we tiy to do what we can to mitigate their circumstances. But for the most part, that has been a real success as far as planning goe& n Balancing legitimate industrial and residential land uses Is one of the reasons for a planning department. There are also other conflicts that come into play when dealing with residences. People often want us to keep out facilities that cater to foe elderly or to the disabled, adds Levanger. But under foe law, we cant do that. The facility must meet the codes and the regulations that would affect anyone, but we can't zone those types of facilities out of an area. The planning and zoning department also cannot control what happens at other government sites like on state or federal lands. If you notice, when items come before the planning and zoning board or the county commission we only deal with private land, he states. We have no powerover other governmental properties. All private lands in the county have zones. The zones denote what kinds of activities can take place and the structures that can be bufa. The county has the right to place (Continued on page 5A) f'M JfeSht' Olympics, Anderson was part of security at the U.S. Secret Service warehouse, Little America Hotel and Olympic square. Some of Anderson's duties included searching vehicles, bags, and operating the magnetometer (mag) metal detector. The best part wasworking the mag. I was able to meet a lot of people, which was the best part of my duties. I was having fun while providing safety for all who attended foe events, pointed out - a . .n t Andenon. Although he worked long hours, sometimes without abreak, Anderson said it was worth it I never personally had any complaints. Many people would stand in line at foie mag for quite awhile, but I never revived any complaints, even when someone would have to walk through several times in order to dear the metal detector, he explained. (Continued on page 2A) i Tray Anderson displays the American flag blanket visitor handed to him along with pins and a medal he received for his duty assignment in Salt Lake City for the 2002 Winter tte Utah National Guard to returned the Carbon recently County area after providing security, sendees at the various Olympics venues. Olympic Games. Local members of ' |