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Show 5 DAILY Thursday, July 17, 2008 HERALD C3 Judge denies order to stop evictions in polygamist communities FLDS trust fund accountant accused of trying to destroy community Jennfer Dobner Christ of Latter Day Saints sought the restraining order Tuesday, which was the deadline for paying past due SALT LAKE CITY A judge has monthly assessment fees to trust acdenied a request for a temporary countant Bruce Wisan. In court papers attorneys for the restraining order that would have FLDS members and the cities said prevented a court appointed accountant from evicting people from their Wisan's handling of the trust, includhomes in a pair of polygamous coming selling off some assets and levymunities on the Utah Arizona border. ing tax payments, amount to a breach Judge Denise Lindberg says the 3rd of his responsibilities and part of a District Court won't address issues of "systematic attempt" to destroy the eviction related to the Hildale, Utah community. or Colorado City, Ariz., properties Lindberg said Wisan's perforheld in the United Effort Plan Trust. mance as trust manager is a "wholly Lindberg says the matter belongs separate issue" unrelated to evictions, in Washington County's 5th District but she said the court would address Court. Attorneys for 57 members of the allegations if they were properly The Fundamentalist Church of Jesus brought to the court. The judge issued THE ASSOCIATED PRESS - -- Task force days it operates to keep gang members guessing, Edwards said, and it frequently changes the unmarked vehicles it uses. When the task force makes an arrest, it also makes efforts to identify the legal status of gang members. Those who are in the country illegally are referred.to Immigration and Customs Enforcement for pos Continued from CI of concerns over increasing gang activity in Orem. Thetask force includes members from various divisions of the Orem Department of Public Safety. The task force varies the hours and Recycling Continued from CI ment, which provides recycling service for community programs in Orem, Lehi and Cedar Hills, said recycling is available to apartments and businesses in Orem. But the carelessness or lack of education by even a single tenant misusing the recycle bin can ruin the whole batch if someone deposits garbage into a community recycle bin. "All it takes is one ice cream cone ... and the whole thing has to go to the dump," she said. To combat the problem, Waste Management is conducting a pilot program at five smaller apartment complexes in Orem, Hayward said. In some instances, they've found success in providing key access to those dropping-ofrecycling items at the manager's office or neighbors coming together to form a recycling f association to prevent contamination. "It basically started because people kept on calling us and needed the service," she said. With the permission of apartment owners, individual apartment tenants can subscribe to Waste Management to get a blue recycle tote for the Orem her order without holding a hearing. "It's not what we were expecting in so much as we had anticipated that we would have an opportunity to argue the merits of our filing," said Bret Rawson, one of three Salt Lake City based attorneys hired by the FLDS residents last week. "The best news is we can with confidence tell our clients that there is not going to be an overnight eviction proceeding that would cause them to be removed -- from their homes or displaced " Rawson is also pleased Lindberg left questions about Wisan's trust management on the table, giving attorneys time to "regroup" and decide how best to raise the issue in court. Michael Stanger, an attorney who sible deportation. From 2005 to 2007, graffiti and vandalism cases in Orem rose by 22 percent, Edwards said. In the first five months of this year, those crimes increased by 28 percent. "The department has always maintained a policy for gang activities, but in light of the zero-toleran- curbside program, Hayward said. But Golieb won't rest until apartment owners offer recycling as a basic service the same as water or garbage utilities to tenants. He wrote a letter to the editor for the July 8 edition of the Daily Herald, began collecting signatures (he's got about 500), and on Monday, met with Orem Mayor Jerry Washburn to demonstrate that he's not the only one who supports recycling for those in medium- - and General city wide recycling container points are located in Orem, he said. But Washburn urged caution with the idea of the City Council making the service mandatory by law by singling out a specific segment of Orem when Council members have already decided that it should be optional. "That could be problematic," Washburn said. Jim Reams, Orem's city manager, said the city was able to revive its recycling program that just under a decade ago Towas failing due to in residential customers 5,000 day nearly Orem subscribe to the curbside recycling housing. During their meeting, they discussed possible options that the city could explore, including making the currently voluntary residential curbside service mandatory for apartment complexes or locating more recycling-bidrop-of- f program. "We almost lost the program, and to see the numbers now is exciting for us," he said. "We like to encourage everyone to recycle. It's in.the community's best interest." n recycling single-flo- is numbers cited above. Director Michael Larsen decided to step up the department's response by organizing the Gang Task Force," Edwards wrote in a press release. "Their direction was simple: identify gang members and interrupt their criminal activities through the aggressive enforcement of all laws." drop-of- f high-densit- y points in Orem neighborhoods. represents Wisan, said they welcome the participation of the FLDS members. "I think it's been clear from everything Wisan has said in court that we're all very frustrated that a large class of trust beneficiaries have not been providing input," Stanger said. Stanger also said no eviction proceedings were imminent. The UEP Trust was established as the charitable arm of the FLDS church in 1942, with members turning over the deeds to their properties in Utah, Arizona and a church enclave in British Columbia. Church leaders served as trustees and doled out undeveloped parcels or homes to FLDS families. Lindberg made Wisan the trust overseer in May 2005, after the Utah attorney general's office said church leaders had fleeced trust assets for personal use, including keeping Curb-sid- e currently available to residents for $3 per month through Waste Management. "He was very, very helpful," Golieb said. "He definitely wanted to help me." Washburn said he would consult with assistant city aclministrator Richard Manning, the city's recycling program expert, and Waste Management officials to see what options might be available to the Golieb said he will continue his advo- cacy for recycling at Orem apartment complexes until it becomes a reality. He is hopeful the City Council and the parties involved will see its value and come up with a workable solution. "No one has to recycle," he said. "But it should be mandatory that everyone has the opportunity to recycle, and that's not the case." Orem City Council. "It's certainly something we need to look at," Washburn said. church president Warren Jeffs on the run from criminal charges. The trust has since been reorganized, with an eye toward allowing trust beneficiaries to obtain deeds to their homes. The monthly assessment of $100 was imposed in January to cover the cost of subdividing and platting the two towns, which include about 700 homes and thousands of residents. Wisan had previously threatened evictions when property taxes went unpaid in 2006, but residents paid. The FLDS have mostly tried to ignore Wisan. They paid taxes, but closely followed an early "answer them nothing" directive from Jeffs who said the takeover was part of a government campaign to persecute the sect for its religious practices, which include polygamy. since he was 8 years old and has gained confidence from the T-b- all Continued from CI experience. "Of course, there are also the physical aspects gaining strength and learning the basic enthusiastic shouts of support from spectators, opportunity, friendship and fun are foremost. Much less important are adherence to traditional rules and experiencing the rigors of intense competition. There are basically two rules in the game: Make sure everybody bats, and make sure everybody plays in the outfield, Cloward said. The two teams alternate batting through the line-u- p and playing in the infield and outfield, exchanging places when each member of one team has had a turn at bat. Some of the kids hit the ball off the tee, some take coach pitches. If anyone needs help hitting, throwing or running the bases, they get it. A score is not kept, and when an hour has passed, the game is over. "Home Run Mont," a crowd favorite, hit the ball at the game, rounded first base, and went on to second. The ball "caught up" to him at third base, but he ran on to home for one of his signature home runs, greeted by enthusiastic applause from spectators. One young man in a wheelchair was pushed by his father to home plate, where dad helped him bat, then pushed him around the bases. Roberta Stephenson of American Fork said her son Robert, 16, has participated in the adapted program skills of the game," she said. Robert has gone from hitting the ball off the tee to taking coach pitches. Stephenson said. "My husband and I are here, and anyone else who can come. ... Orem has been consistent and very, very organized in the sponsorship process. It's been really good to know we could count on the program every year," she said. Clifton Pyne said his daughter Cindy has benefitted from the adapted program, as well as other programs. "Everything that is done for these young people is a blessing," he said. "These programs are very important." This year's coaches were Stephanie Adkins of Orem and Roger and Tricia Alworth of Highland. Joel Bennett was on hand Saturday to assist his wife, Emily, an Orem employee, in managing the equipment. He said he grew up helping his sister who has Down syndrome to play sports. "I think it's Awesome," Bennett said of the program. "It gives the kids an opportunity to come and play. It's not overly competitive, and the families are very ll ll supportive." At the end of the game, playribers received Olympic-styl- e boned medals to celebrate the successes of the season. ll 1 a study until the school was open, but Hudnall said pushing for a study earlier has helped lower the speed limit to protect the children. Although the speed limit will be lowered to 20 mph, Hudnall said the district is still very concerned for Stoplight Continued from CI said. Provo city Councilwoman Sherrie Hall Everett said that although a stoplight will not be put in yet, a school zone is a good compromise for now. the students' safety. "I think it will make it safer, The area is developing quickly, and she said a stoplight will be but it will not make it safe or warranted at some point in the safe enough," he said. future. Until there is a stoplight at "We're not really dead yet, the intersection, Provo School we're just kind of making District will provide a bus to take children from the east progress," she said. Provo City, UDOT and the side of Geneva Road to the school district all worked towest at a cost of $8,000 to $12,000 each year. Even if gether to make the intersection there is not enough traffic on safer, and Everett said people the road to warrant a stoplight involved expressed clear intentions to keep an eye on the now, Hudnall said the state's safety in the area with the inplan to make Geneva Road a larger thoroughfare in the creasing traffic. for all in "That's a win-wifuture is a concern for the school. government," she said. unwarranted stoplight. The department carefully reviews e each intersection on a basis and monitors traffic flows for relevant increases to ensure the public's safety. "We want to make sure everyone's safe, and if there's an accident and somebody gets hurt, we feel bad too," he said. case-by-cas- Greg Hudnall, Provo School District's director of student services, said the district was well aware of what the outcome of the study would be, but it is still disappointing that the students will not have the added safety. "It's very frustrating to us that we're not getting a stoplight," he said. UDOT did not want to do r "We're hoping for the stoplight sooner than later because it is on their master plan," he ) Kv, , :'f fv. ;A. V ,- n c;ure the Bcsf of Summer ! (a mm Portraits. VJHh Beautiful ... i 1 4 k Portrait Package Special Package Includes! Only One-lOi- B I; Two-- 8 1 10's Four-- 5 x 7'j Four-- 3 x 5' $95 32 Wallets PLUS 6 FREE Personalized Portrait Cards 5 I Jf 5.i ' 40 CARD DESIGNS! . THE WILD CHILD! U rn Met . t Tickets can be purchased online at www.spanishfork.org or at the Spanish Fork City Office 40 S. Main. 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