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Show i B Obituaries A A10 P Utah News A11 B Schools A15 The Daily Herald Thursday, October 10, 1S96 Incorporation an alternative to townships The Utah Supreme Court is mulling over one question concerning the controv ersial Township Law created by the Utah Legislature, but lawmakers will have the muddied law back in their laps come January. In the closing hours of the 1996 legislative session, the township law passed will) no nnon Back at the Desk irjput or debate. Originally it was meani for just Salt Lake County, then at the last minute was extended to cover all 29 counties. . The big question Supreme Court justices must decide is just how a Township is created. The law states: "If a majority of the registered voters within the area proposed for township status vote in favor of the proposal, the area shall immediately acquire township status." Now,- - if it requires a majority of registered voters within the township area, that differs from the way most ballot issues are decided. If only 10 percent of the registered voters go to the poils, and six percent of them vote one way, the majority wins. Does this law require a majority of ALL the registered voters or a majority of those who make their way to the voting boolh? That's only one question. The law provides for an election of three township residents to 4 township planning and zoning board, w ith three more to be apjjcjiflted by the county coinmis-.sioj- ij Jnd a seventh by the entire gVcjup? fn no other jurisdiction are planning and zoning board members subject to election. ! And once the board is constituted, what authority does it have? ; The law stales that the town-ilii- p planning and zoning board shall regulate and control the planning and zoning activities within the township under rules uiul procedures established by the iouiily legislative body. I In other words, the township Jlill lies in the unincorporated area Jiid what goes on in the unincorporated area is still under the direct control of the county commission. Utah County's commissioners have adopted an ordinance requiring any planning and zoning tecommendations front the town-Shi- p board to be submitted lo the County planning commission. The founty board will then make a jecommendation to the county for approval or denial j oliirhission f the recommendation. Nothing in the Township law ullows for budget or financing. A township has no laxing authority. SikI no ability to dictate to the Bounty commission what will or J lit not be done. The township Jliirjmng and zoning board will JaVe no funds to hire consultants r legal representation. ' Furthermore, the law doesn't 'llow township board members '.any indemnity. In case of a law uit. they're on their own. ;! :Stjll another question remains: JOnceyou get into a township. Jow do you get out? The law jloesn't specify. Mark Walsh, associate director of the Utah Association of Coun-iie- s. notes that most people who are pushing to create townships actually think they are creating independent fcilieicwhich is far from reality. 'J$ rjoSghboring city cannot annex Jownship land, but that is about the Extent of the township authority. Walsh said. He anticipates that kome disillusionment with the jownship system will result. Walsh said the legislature can't cpeal the law, because some vot-:- d ownships have already been established. I. upon and '.Any proposals to grant the ovinship planning and zoning xiards more authority or taxing in powers will surely result legal Challenges from the counties. After 5)11, a township is still unincorporated; even though its territory may Jbe.Ylefined and its board elected. if people in these developing Jireas Kully want to control their twit J&tinies. there is a way to do it. It is called "incorporation." -- Utah land review probably legal, By PAT CHRISTIAN The Daify Herald Have you been holding jour breath waiting for the first major public debate between incumbent District 3 Democrat Bill Orton and Republican challenger Chris Cannon? Prepare to exhaie. because the first public dialogue is scheduled for Monday at 7:30 p.m. in the Provo City Council Chambers And are the contenders ready? Orton says he is already pumped up for Monday's debate and views it as a chance for the public to really hear from the "elusive" Cannon. Cannon said he isn't elusive and g battle of promised a words on the issues. Orton said, "The only time you hear anything coming out of Chris Cannon's mouth is in a scripted telev ision ad or in the press quoting Mike Mower." Mower is Cannon's campaign manager. "They are apparently hiding him. They have him locked up in a back room: I don't know why." Orton said. In answering the incumbent's charge. Cannon said. "This is really not a fair characterization of what we are doing. I'm meeting people ever)' day. I'm speaking every day; I'm speaking two or three times a day. And I'm happy to share the podium. For crying out loud. I've been campaigning. He's the guy who hasn't been around." Cannon countered. Monday's first public debate, sponsored by the ProvoOrem Chamber of Commerce, is the first of about a dozen debates mutually agreed on by the two candidates. Most, if not all, of the upcoming debates w ill not include Libertarian candidate Amy L. Lassen. Socialist Worker Party candidate John Phiilip face-to-fa- hard-hittin- COPY 9 Academy offered for law training By TOM McHOES The Daily Herald i In an effort to staff the new Utah County Jail, the Utah County Sheriff's office has announced that it will olfer its own police academy to people who have already completed part of the law enforcement training requirements. Officials hope the academy, intended to produc? graduates who can be put on ihe new jail staff, will be up and running Nov. . Construction of the jail is close to completion but staffing for the facility has been a question. "This gives us a chance to not onl; get the new jail running, but develop our own organizational culture rather than hire others out of outside agencies," said Lt. Ron Fern-sted- t. who will be one of the academy's instructors. The academy, which has the backing of the Utah Peace Officers Standards and Training, w ill run 190 hours over a period of about two months. Prospective peace officers are required to take college classes and attend a certified law enforcement academy. "We are looking for people who meet the requirements but don't have the certification." said Fernstedt. The training w ill offer subject areas which include crime prevention techniques, media relations, cultural diversity, evidence collection and use of force classes. The advantage to students who opt to attend the academy is that they will have a better chance of catching on with the agency than they would if they attended an academy under normal circumstances. About 45 certified law enforcement personnel are needed to staff the new jail. The sheriff's office first extended the offer to employees who have not been certified but have found there is still a need for more special facility officers. 's office personnel who w ish to attend the academy will be charged S()CK) per person, but will be reimbursed if they are hired. Fernstedt said. 1 Non-sheriff- ra r 11 4 Bl v rfWh 1 Y , I I Bill Y professor i By DONALD W. MEYERS The D&iy Heraki The U.S. Department of the Interior is pruhahh nol hrejilin'1 the law as it conducts iis review of Utah land for w iiderness 'Cjy'' 1 Orton Langford and the unaffiliated Gerald "Bear" Slothower. all also District 3 candidates. Chamber representatives say their public debate will be infor mal. with the audience submitting questions. People are being asked to come w ith prepared questions. Cannon said he believes the format will be similar to the ProvoOrem Chamber debate hosted during the GOP primary. "I expect it to be more open with more questions and more back and forth between us and follow up on issues." he said. "Frankly I think this is going to be a defining debate." Cannon continued: "I think this campaign has been a very clean, nice campaign. Bui I expect this g on the debate will be issues, but also very clear that it is not a personal attack. Certainly we are not going to be attacking him. but I think the issues are going to become v ery clear." The incumbent and the challenger have already appeared together in some private appearances and they are scheduled to hard-hittin- Bryner. Gary Young University nI 1 a Brigham poiiiical sci- ence professor, said U.S. Sen. Orrin G. Hatch. has nol presented strong evidence thai Interior Secretary Bruce Babbitt's promise lo hold a public comment period after the process is completed in January Chris Cannon appear before the Women's Business Network earlier Monday at the Provo Park Hotel. Most of the debates are not open to the general public. Even before the first swing in the upcoming public debate is taken. Orton is already asking for extra innings. "Cannon challenged me to 10 debates." Orion said, adding that he wouldn't mind doing 30. The Democrat said he has been accepting even offer to debate, but added Cannon is only agreeing to the doen-or-s- o contests. Cannon replies that he has already agreed to more debates especially televised debates than anv other candidate in a District 3 race. Cannon explained that he and th; incumbent are debating on all major Utah telev ision stations except for the Fox affiliate, which he said apparently doesn't want to host the pair. " I here is campaign timing, and you can t debate a congressman when vou are out appearing on the streets." Cannon concluded. violates the law. Hatch has argued thai federal law requires the department to seek public input before il begins rev iew ing federal lands. "Il appears that ihe is in violation of the federal law and Interior department policy that requires public involve-rnen- i and comment before such an effort is undertaken." Hatch said. "I'll be surprised if il is ille- gal." said Bryner. who studies issues. en ironmental-politic"I think the senator doesn't want ihe Clinton Administration to ihe inventory." The process was started in August after Congress holly debated a proposal from Hatch and Rep. James Hansen. to designate only 1.8 million acres of land as wilderness. Environmental activists wanted 5.7 million acres sel aside. Babbitt promised last week al pre-vio- says to hold a public comment period on the new information in January, after it is compiled. Hatch. reneged citing promises to permit access in Alaskan wilderness areas, said the administration's promises were "nol worth the paper " they're not written on Babbits. Hatch said, will most likely present a plan show ing all or most of the 5.7 million acres the Southern I tjh Wilderness Alliance proposed for being classified as wilderness, and the people of Utah will be told they have to accept it. Bryner said two questions need lo he answered as !ar as the legalily of Babbitt's action: What docs the law require, and what does Hatch know about the process Babbitt is following in reviewing the previous wilder- ness inventory. " If the Federal Land Policy and Management Act says there has to be a procedure, he has to follow it." Bry ner said. The FLPMA. which governs the creation of wilderness areas, requires the Interior secretary ta give regular reports to ihe president on wilderness reviews of BLM property, and to present a report on anv recommendations lo the president and Congress. There is no mention of holding a public hearing before starting the process. ; The other relevant law. the National hnv ironmcnial Protec- lion Act. calls for an env ironrrtcn- (See HATCH. Page A 10) Arraignment set for 2 Spanish Fork men By BRANDY ANDERSON . The Daily Herald A Fourth District Court judge has found probable cause that two gunned Spanish Fork teen-agetheir car into a motorcycle driver knocking him into ihe air and then left him to die. Brad Koyle. 20. and Adam Johnston. 21. have been charged murder in the with Chris Carter death of of Payson. Though Carter died three years ago, legal holdups forced prosecutors lo wait three years until Koyle and Johnston could be certified as adults. They were 17 at the time of Carter's death. Wednesday's preliminary hearing was Koyle and Johnston's first appearance as adults for the aileged crime they say w as an accident, but prosecutors claim was intentional. Koyle and Johnston were traveling from Spanish Fork to Salem, following Carter on his motorcycle. Both defendants had problems with Carter previous to this encounter, said Jerry Mason. Utah County sheriff's deputy. Mason said Johnston told him rs first-degr- Feb. 4 to be date of vote on townships after and arrested Koyle and Johi-Z ston. i Prosecutor Claudia Lay cod argued Wednesday that Koyle and Johnston intentionally or knowingly contributed to the death of a human and showed being indifference human a to depraved highw ay. James and his w ife pulled over lite. ; "Adam Johnston never goes and saw Carter, face down, struggling for breath. James" wile back to check on the victim"; went to call for help and James Laycock said. "He (Koyle) alsir got a blanket out of his car for makes no effort the check on the victim. ... There's no care or cod- Carter. cern for what happened lo Mr. "He was badly mangled." James said. "He w as conscious but Carter." But defense attorney Michael. had labored breathing." After tending lo Carter. James Petro argued that though an acciheard voices in the distance. He dent occurred. Koy le and Johnsion did not want to cause harm. also saw the taillights of a car. Heading toward the noise and "Those defendants may have the car. James said he found intended lo hit the motorcycle." Koy le. Johnston and the car. with Petro said, "but they did not intend the motorcvele embedded in the to kill anyone." grill. Judge Ray M. Harding Sr. "They were nervous." James ruled Koy le did not act intentionsaid. "Just kind of pacing." Johnally but did show depraved indifston and Koyle (old him they did ference to human life. And Johnnot know who the victim was. ston's acts were intentional, the '. "Whoever he was. that idiot judge said. Johnston and Koyle will be pulled out right in front of us." James recalled one of the teens arraigned next month. They are saying. presently free on their ow n The police arrived shortly there he was following the motorcycle. Carter turned on his blinker to go right and then moved into the turn lane. Johnsion. the driver of the car. accelerated to move past the motorcycle. But. at the last second, the motorcycle swerved in front of him and the vehicles col- - The police weren't the first to arrive at the scene of the accident. Russell James and his wife were coming home from a late movie when they saw a body ly ing on the bridge where Arrowhead Trial crosses the Spanish ForkSalem Courts boat lided. Mason said an interview with Koy le added details. Koyle said he reached over and put his foot on the accelerator before the collision occurred. He next saw a man come off the motorcycle and strike the windshield. Koy le and Johnston drove sev eral yards down the road before pulling off to the shoulder. Johnston told Mason. The motorcy cle was embedded in the front grill of the car. Koy le told Mason the two teens that decided to make up a story the motorcycle swerved in front of them. Johnston sticks to that story while Koyle's siory has changed during three different interviews. Leapin' lizards! 3 t voters in two Registered prospective townships will be able to cast ballots to establish the townships in a special election Ss 7 Feb. 4. 1997. Utah County commissioners adopted two resolutions this week setting the Feb. 4 elections for Manila and the North Shore Landowners A third township application has since been filed by property ow ners in the West Mountain area. Commissioners pointed out that only registered voters in the township voting districts will be involved in the special elections. They said two voting districts in the North Shore Landowners area and four in the Manila area are involved. Commissioners also reported that candidates for the township planning and zoning boards must file for election 45 days prior to the special elections. This would place the filing date around Dec. (See BALLOT, Page AI0) V f. m mi m... - T W i v jar V i . V- - AS i v. Daily Herald PholoMatthew R Smith. stu- Michelle Kahoon shows a lizard to The girls are, dents from the Care from left, Natasha Lye, Kimberly McKinney and Thatcher. Students from the preschool! toured the Monte L. Bean Life Science Museum on; . the Brigham Mour jniversity campus. Danielle |