OCR Text |
Show V 2 THE GREEN SHEET Thursday, October 1, 1987 Permanent Solution City Government Best Meets Needs Of Citizens, Industry Editorial Area residents shouldn't be too surprised that another report has been issued backing inthe viability of Taylorsville-Benniocorporation. n Nor should the Hercules application for annexation to West Valley City send shock waves through the valley. Both of these developments give credence to an attitude the Green Sheet has championed for many years - cities can better serve the needs of citizens than can county government. This newspaper stood alone among Salt Lake media when it supported West Valley City's bold step to incorporate. We're proud to say that city status has fulfilled our every hope for residents of one of our most populous areas. That's why officials at Hercules are taking a very serious look at becoming part of the city. It's not an empty threat aimed at making the county stand up and take notice, though no doubt it will have that effect. By petitioning for annexation to West Valley City, Hercules officials acknowledge that the municipality will provide the services the company needs and that it will be more responsive to the very real and essential concerns of one of the valley's most important firms. Those responsible for making the decision to pursue annexation are some of the best minds the valley has to offer. They do not do things without considering all of the ramifications. They would never jeopardize the future of their company by an unsound action. We believe they are serious in their intent to annex and we hope it happens. It will be a boon for West Valley City as well as Hercules. The experience of West Valley as well as the other incorporated cities in the area should also give residents of Taylorsville-Bennioreason to consider a favorable vote on incorporation, given the fact that the report suggests it is feasible and indicates they are already paying more in taxes than n they receive in services. It's no accident that many developers seek annexation into existing cities. They recognize the same things that forced Hercules into its action. City governments in the valley have a track record of fiscal responsibility as well as responsiveness to needs of both citizens and business. They recognize how important business is to a city's ability to function. Many county residents have the mistaken attitude that an adjoining city will come in and gobble up bordering unincorporated land. Annexations are petitioned for by the landowner, not the city. Of course the cities are more than willing to add attractive developments to their tax rolls. It's true that Taylorsville-Benniocould find much of its attractive tax base annexed into West Jordan, West Valley and Murray, n because developers recognize the same thing the Hercules officials saw. The time to incorporate will never be better. If land is lost to other cities, it erodes that favorable tax base. It's beginning to look more and l more like cities will be a reality in this valley and Taylorsville-Benniocould get a leg up on other areas by pursuing cityhood now. Proponents should take another lesson from West Valley City - find a workable name for the new city. West Valley grew out of the proposed incorporation of Granger-Hunter- , which supporters recognized as not being an ideal name for a unified communiwall-to-wal- n ty. Our readers in West Jordan, Sandy, Midvale, Murray, Riverton, West Valley and South Jordan should be able to share with voters in the Taylorsville-Bennioarea n much satisfaction with municipal government. None is perfect, but every one is much better than the alternative. Letters Praise The Governor To the editor: I was interested in the recent column by Michele Bartmess regarding the State Budget Surplus. I am surprised by your reaction and that of others (such as Jack Olson, who you quoted extensively) to the surplus. I would think that they would be con- gratulating Governor Bangerter rather than criticizing him, since the surplus is less than the spending cuts he ordered earlier this year. This is to say the surplus comes about because the governor has reduced jobs in state government by 1000 and thus has saved millions of taxpayers dollars. Ms. Bartmess, you glibly stated that Im not too happy either with the huge surplus. Youd think they could plan a little closer to the vest. Yes, 51 million dollars is a huge amount. But when one considers that $51 million represents three percent of the revenue collected by the state, and that revenue comes from several sources including personal income tax, corporate income tax, sales tax, licenses and permits, and fuels taxes, its not too hard to see how actual collections could vary a few percent from estimates. How could anyone precisely predict how much will be spent by thousands of consumers and subject to sales tax or how much profit will be earned by hundreds of businesses and thus subject to the corporate income tax? I think we should congratulate Governor Bangerter for holding the line on state spending. The fact that revenue collections were slightly more than had been predicted is a sign that the economy is picking up (more spending and earning). We should be glad about that rather than using it as an excuse to unfairly criticize our leaders. Sincerely, J. Brent Haymond Objections Raised Dear Editor: As parents of three children attending Plymouth elementary school we felt that it was very important r at for us to express our views on the PTA our school. We have two very serious objections to this program. 1 ) We feel that the use, or abuse, of our children to raise funds for the school is (a) dangerous and obnoxious if they go door to door, (b) unfair to friends and relatives who cant say no to little children with big eyes, ic) unfair to the children who receive the hype fund-raise- from a salesman who convinces them they can sell 100 items, thereby increasing the burden on friends, relatives and neighbors. We believe that each parent has the responsiblity to provide educatonn for his child. Which brings up our second objection. We feel that purchasing a copier for our school is a valuable investment. So important in fact, that other PTA functions should be dropped or run on a basis. Room mothers tea need only be a planning meeting. Girls and boys maturation can be run at no cost by making it a meeting and not a party. Girls and boys night out can be a affair, which is only fair anyway. And as for the expense of teacher appreciation week, it seems their own copier would cerno-co- st tainly show our thanks. In these financially difficult times, let s put our money where it will do our children and teachers the most good. One other small problem raises its ugly head and that is the unfairness of the prize drawing (another wasteful expense). We, as parents have been given the option to donate money to the school if we do not want our children to participate. However, if we donate $10 directly to the school, our childs name is put into the drawing once. For the child who raises $5 for the school by selling 10 candy bars, his name is put in once. If the selling child equals the donation child by selling 20 bars, he has his name put in the drawing twice. We feel that the PTA board should not put this $8500 budget into effect without more input and direction from the parents. Also, if the budget is not met so we have the $4500 for a copier approved by the district, PTA rules do not allow carryover of the funds to next year. All remaining funds must be spent this year, so next year we are back to square one. Sincerely, Ralph and Diana Parker A permanent solution appears to be very close in the efforts to establish a safety buffer zone around the Hercules Bacchus Works. Hercules believes that will be good, not only for the company and its 4,000-plu- s employees, but for the entire Salt Lake Valley and even the state. Very shortly, Hercules will petition for annexation to West Valley City in a move that will also include the surrounding buffer area properties and lead eventually to development of an industrial park, recreation area or other compatible development. Hercules decision is an outgrowth of years of frustration in our efforts to preserve the boundaries of the Bacchus Works through zoning. In trying to find a permanent solution to the residential encroachment problem, weve worked with both West Valley City and Salt Lake County. This new move in the direction of West Valley City in no way means Hercules is turning its back on Salt Lake County officials, who early in the year imposed a temporary moratorium on residential development in this area. If county officials, many of whom have worked tirelessly toward a solution, come up with a plan that better meets the buffer zone safety requirements prior to the expiration of this moratorium, Hercules can withdraw the annexation petition. Im simple terms, we seek a solution to the problem and want to protect area citizens and the Utah and Salt Lake County economic base. The issue is one of both safety and good fiscal sense. Fewer houses in the overpressure zone will mean fewer citizens exposed to the potential for personal injury or property damage in the event of an explosion at Bacchus. Keeping houses out of the overpressure area also protects the jobs of Bacchus Works employees and Hercules business operations as growing and important segments of the Utah economy. (Hercules current annual payroll in Utah is about $115 million. The company also purchases about $75 million yearly in goods and services from over 1200 other Utah businesses. ) Our experience has told us that zoning decisions will not achieve a permanent resolution to the encroaching residential development. The only answer is a cooperative property acquisition effort which will restrict the land to industrial and recreational uses. Discussion to date with West Valley officials show encouraging promise for this approach. welcomes contributions to both Letters to the Editor and "As I See It." Letters should be confined to a length of 250 words or less and not contain libelous comments. They must be signed, but the writer's name will be withheld for adequate cause. He welcome lengthier correspondence for possible use as As See It commentaries. Primary consideration will be given to those submitted by people with expertise in the topic about which they write. A brief description of that expertise should accompany the submission. All submissions are subject to editing for space and clarity. They may be addressed to: The Green Sheet, P.O. Box 7187, Murray, Utah 84107. So let them stay on strike. At least until the World Series is over. Thais when the pro football season should start anyway. Actually the World Series should mark the end of the baseball season just before the autumnal equinox and then the football season should begin. Youd think Mr. September would have much the same ring as Mr. October. Someday theyre going to have to play the series in Canada (maybe this year) and they may be sorry they tle earlier. get it a lit- At any rate, I have to confess to being a true Davenport Dynamo. If this football strike drags on until after the Series, my entire psyche might be at risk. The moment I can make my escape from the church on Sunday, 1 can be found in a prone position on the couch. It doesnt really matter whos playing Armed with my supply of chocolate, Coke and perhaps popcorn, I proceed to ruin my health while those behemoths attempt to injure one another in the name of sport. Really, it ter which sport. even mat- You can see bodily harm inflicted baseball players, basketball hockey players, even golfers if Gerald Ford is nearby. Actually football players expect to get hit and they prepare for it. on players, Every year make a resolution that Im going to cut my Lounge Lizardry by a certain percentage. Maybe I should start out with a small percentage, say .001. It seems when I set out to cut it by 10 percent, I actually increase it by 15. I Near See It I he After more than 15 years of warning of .dgre,w homes being built next to an explosives plant, was frankly encouraged by County Comn?ls10"been mistakes had recognizing that serious zoning in made the past. moratorium was 1m- Earlier this year, a . to run But as the clock on the moratorium continues arWest City Valley the must pursue down, Hercules ot to inability the possible rangement as an alternative Salt Lake County to deal with the problem. Our intentions are not punitive so far as they aiiect tax Salt Lake County. Approximately half of Hercules West plant, Bacchus new the i.e. assessment base, Bacwould remain in county jurisdiction. And since s the county new revenues, are dollars tax West chus exthis diminished by overall tax loss is substantially pansion of our propulsion facilities. to For the first time in these long years, a resolution Counthe issue, be it with West Valley City or Salt Lake should be good news ty, appears to be very close. That all Salt Lake Valley and to Hercules employees residents who should not be asked to give up the contribution Hercules is making to their lives. It will also help stabilize the state's currently shaky economic base as well as provide future capability for much needed new industrial development. It is to be hoped that elected leaders at all levels of government will see the wisdom in maintaining businesses already located in Utah rather than just In Herrecruiting new industry to move into our state. over cules case, these contributions have been made 75 years and have brought nearly 5 billion dollars into Utahs economy since the late 1950s. The company wants to remain a key part of the Utah to the economy well into the 21st Century. A solution residential encroachment problem will help that come about. Jack F. DeMann Affairs for Public of Director is DeMann F. Jack Hercules Incorpora ted. -- At Battle With The Bar Who is David Browne and what was he doing to be sued? Im a Vietnam disabled vet, who went to college and received a degree as a paralegal. I was president of the college Legal Assistant Club, voted Outstanding Student for the year of Since that year I have been helping people do their own divorces, wills, trusts, probate, stepparent adoption, name changes and personal injury investigations. Things that the individual has a right to do himself,, since all these matters are and dont need an attorney to litigate in court. The judicial system is billed as an adversary system. Since in these matters there isnt an adversary, who needs to pay the exorbitant rates of a lawyer. On Aug. 26, 1987, the Utah State Bar served me with a civil complaint, to protect their monopoly, citing sec. of the Utah State Code, which reads as follows: No one shall practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer within the state. The first step is to ask what is the calling or duty of a lawyer? The very next section of the code explains what the duties of a lawyer are. In order to avoid the practice of law and getting sued by the Utah Bar, the general public cannot do any of the nine paragraphs. For example, the public cannot under paragraph one, support the Constitution and laws of the U.S. and State. They cannot, under paragraph two, maintain any respect due the Courts ... and so on. does it say to give legal Nowhere in section advice, which if it did would be a violation, of the Constitutional amendment to the right of free speech. According to paragraph one, the lawyers must give the public that right to speak, or they would not be upholding the Constitution. The brotherhood monopoly would like to preserve this right to keep others from taking or working in the trade, solely to protect the stranglehold over the general public. Lets get a little background history of the State Bar organization and the unauthorized practice of law. It wasnt until the depression of the 1930s that monopoly. lawyers had to defend their newly-minte- d Bad economic times found too many lawyers chasing too few clients and when attorneys are employed, they must be paid; and their charges are not always regulated whether by their abilities or their services to a client, but by their own greed. Thus results might have been a legal profession that made a concerted effort to try to make good cheap legal help available to millions of newly poor Americans. In fact, despite lip service to helping widows and orphans, organized lawyerdom did just the opposite, banding together as never before to fix prices by use of a number of devices bar association-mandateincluding, most prominently, minimum fee schedules and a concerted campaign to eliminate all nonlawyer competition. The bar dedicated itself to a surprisingly militant effort to law rid the nation of the last vestiges of the movement that had survived the 19th century. If you doubt the accuracy of this assertion, consider that the first American Bar Assn, committee ever to deal specifically with unauthorized practice was formed in 1930, and by 1938, over 400 state and local bar associations had formed similar committees. (Utah State Bar was formed in 1931.) Just as the legal profession reached the top of the business curve in the 1960s, the first hint of its present vulnerability became gleamingly apparent. As the bar began to try to stamp out all competition, the middle-clas- s Americans were being, and to this day are still AsISee If 84-8- self-hel- To Living Without Davenport Dynamo didntConfesses started doesnt by Michele Bartmess Editor As d The Green Sheet Is NFL if pre-seaso- n ball, soooo Im -- One idea to solve this problem is deregulation of all legal services, this is not a new idea, however, Washington D.C. and South Dakota have allowed nonattorneys to open up legal offices. Computer Software will, in a very short time, take over much of the legal service to the public, possibly with the help of paralegal stores. Oh, if I only had a rich uncle, we would have such stores in Utah, right now helping all those who need help at a reasonable price. Let me site a few recent cases about Paralegals and how public sentiment has opened the door to low priced legal help. 1985: The State Bar of Wisconsin stops handling both attorney discipline and anauthorized practice cases because it fears that to continue to do so would place it in jeopardy of being sued for violating anti-trulaws, and to sue may be found to be unconstitutional. 1985: The Washington State Supreme Court con- eludes that the drafting of contracts to buy and sell real estate by brokers does not constitute the unauthorized practice of law. The public, the court reasons, is better served by the freedom to choose from a range of providers. Cultum v. Heritage House Realtors, Inc. 694 P.2d, 630 (1985). 1986: The American Bar Associations Commission on Professionalism recommends the limited licensing of paralegals to provide such services as real estate closing, simple will, etc. Last but not least is in July, 1987 the Florida Supreme Court gives Independent Paralegals the green light to help consumers with their legal problems. To sell legal forms and help answer questions about how to fill out standard forms used in divorces, name changes and other routine legal tasks and how to deal with the legal system. There are many more cases that site that states cannot discriminate against citizens due to proverty, that all have a right to the courts or to have alternatives. Legal advice is an infringement to the First Amendment to freedom of speech, everyone has a right to counsel before the courts, it doesnt say right to an attorney. The poor have, in this state, been denied access to the court system due to poverty and the Utah State Bar wants to keep it that way. If you cant pay for a divorce, name change, stepfather adoption, you dont deserve one. The Utah State Bar will stop or try to stop anyone, as myself, from selling legal kits for these peo- s time for the PlCr!? u lin and us?-1people of the State leir attornies out of the legislature as this is a direct conflict of interest and back to the judicial system and let the people legislate their own destiny. The fight goes on, and if you would like to help, write to me about your experiences with at P.O. Box 248, Riverton, Utah 84065, or call lawyers E. Browne Football, But Not Chocolate something oh a Sunday afternoon it goes on long enough. Of course the owners have threatened to carry on with some retreads and rookies who didnt make it, along with a few veterans who had the courage to defy the picket lines. But despite my Couch Potato status, I dont even watch p being served miserably by the legal profession. Blue collar and minority groups werent served at all. This embarrassment triggered the Johnson administration to sponsor a federally funded legal service to the poor Aid. This effort to help the poor to gain access to the courts was a nice effort, but too little too late. Just in Salt Lake the wait is about two to three months and to qualify is nearly impossible. not even going to worry after the baseball season ends - and by then it will be just about NBA time. about it until So maybe this strike will be good Who knows, sports fans the world for me. I might actually accomplish over might actually survive this thing just fine. Thats the advantage of being a bonafide sports fan instead of merely a football fan. The networks will try to find the next best thing, so we can always look forward to some refrigerator races, mud wrestling or other contrived activities. Maybe someone will invent indoor golf. Roller Derby might even make a comeback. One legitimate choice may be qualifying events for the upcoming Winter Olympics. Watching bobsleds zip down an icy course certainly will have some of that same drama as seeing Denver and Green Bay battle to a tie on a wet field that had not been mowed for six weeks. I had hoped to petition Channel 11 to lift its ban on Sunday football. But of BYU football this is a punishment I jear refuse to put myself re-ru- through. Its hard enough to watch them live and in person, but then thats a whole other issue, isnt it? So, I guess its on to plan B, if the strike actually exceeds the World Series and the network wizards fail to provide an acceptable nail-bitin- g - rvu on Sunday, but I cannot survive without my c Hershey's goes on Nestles' joins in in real trouble. svmpal j |