| OCR Text |
Show ILoCSll $bc jlali fake tribune Protesters Win in Tax Battle Friday .Morning January 17, 1W16 Section It Page Build Little Dell Dam, S.L. Water Board Says By Jim Woolf Tribune Environmental Writer Local water officials decided Assessment Dropped In 95.3 of Cases By Jack Fenton Tribune Staff Writer Last years administrative battle increases against computer-orderein the value of property across the Salt Lake Valley is ending. While final decisions and bottom-lin- e figures are yet to come, it appears determined property owners won handily. Scorecards being tabulated Thursday following a final session of the county board of equalization that heard 14,413 owners claim computers overestimated worth of their properties show 13,739 or 95.3 percent won $86 million worth of relief. Based on Assessor R. Milton computation of an average taxing district levy, the effort will deprive cities, the county, school districts and other agencies more than $7.1 million. What does that say about the computers effort to apportion the state tax commissions order for a $195 million hike in taxable worth across 22 districts? Its the nature of the system, Mr. Yorgason said Thursday.Applying a (computerized) factor improves the average. We need the ability to go out and reappraise. Generally speaking, Mr. Yorgason said his corps of 30 assessors can appraise 15,000 properties each year. So, with 235,000 parcels on the tax rolls, reassessment can come every. 15 years. We wont even be able to do 15,000 appraisals this year, the assessor lamented. Our people have been tied-u- p doing the board of equalization. Were two months late." That doesnt mean Mr. Yorgasons crews are through with 1985, though. About 130 of the 674 owners who appealed unsuccessfully say their cases will go to the state tax commission for hearings, according to records in the county auditors office. From there, appeals go to court. Thursday to team up with the U S. Army Corps of Engineers to build the Little Dell Dam in Par$42 leys Canyon. If everything goes as planned, construction of the earthen dam will begin in the spring of 1987 and be finished by the fall of 1990. The reservoir would be located about two miles above Mountain Dell Reservoir near the road that leads to East Canyon. With a capacity of 20,700 acre feet, Liule Dell would have the room to hold more than six times as much water as can be stored in Mountain Dell. I'm happy weve gotten to this point, but now the work is just starting, said Nick Sefakis, general man Large obstacles must still be overcome before construction on Little Dell can begin. They include completion of a lengthy agreement between the three local agencies and the Corps of Engineers, obtaining a $20 million loan from the Utah Board of Water Resources, and convincing Congress to appropriate about $22 million to cover the federal share of the project ager of the Metropolitan Water District of Salt Lake City, after his board voted unanimously to pursue the project Salt Lake City, through Mayor Palmer DePaulis, has given its approval to the dam and the Salt Lake County Commission will likely lend its support on Monday, said Terry Holzworth, flood control director for the county. d One appeal headed for the tax com- mission involves Kennecott and roughly 3,700 acres at the foot of the Oquirrh Mountains. Kennecott says the land is leased for grazing and should continue as a status it held three Greenbelt years. County assessors and attorneys contend its also leased to Hercules for a plant site and buffer to keep development away. Meeting with county commissioners, board of equalization clerk Mike Reed said assessors and their legal advisor asked to see the leases. But that was denied. The matters more complicated than it seems, Mr. Reed continued. board hearing officer appointed by commissioners ruled the property should remain as Greenbelt until it's developed. Bill Thomas Peters, the countys special tax consultant, said thats a legal matter outside the hearing officers scope of authority. He urged See Column 4 A B-- . 20-ye- i Tribune Staff Photo by Tim Kelly Goin Up In Smoke Smoke drifts from two vehicles badly damaged when a fire accident on 1300 East just before 7 erupted after a rear-enBichard Chambers, 1135 Gilmer, was pouring gas into p.m. the rear of his stalled car in the outside northbound lane d when he saw that a vehicle driven by Shawna Wendland, 744 Creekwood, was headed at him and wouldnt be able to stop. He jumped away in time, but the collision ignited a fire that engulfed both cars. Ms. Wendland was not injured. dis-Se- Refuses Tooele in Waste J" Hazardous Cleanup Begins To Death Special to The Tribune The ERDA, Tooele County n dollar cleanup of the abandoned Micronutrients International, Inc., site east of here got under way Thursday. e site had been proThe posed for cleanup under the federal Superfund program because of the presence of hazardous wastes but nine of the companies which sold raw materials to Micronutrients have agreed to resolve the problem themselves, according to Myron Bateman, Tooele County environmental health supervisor. Health officials are concerned about the site because large quantities of flue dust and manufacturing multi-millio- 14.5-acr- wastes were left behind when the company folded. Some of these wastes contain high levels of cadmium, lead and arsenic which could pollute the groundwater in Tooele Valley. Micronutrients had accepted waste products from a number of industries and processed them into additives for fertilizers. Nine companies which sold their wastes to Micronutrients and have accepted responsiblity for the cleanup are: Stoller Chemical Co.; Anaconda Minerals Co.; Chaparral n Steel Co.; Bethlehem Steel Corp.; Steel Co.; ARMCO Inc.; Federated Metals Corp.; NUCOR Corp.; and TAMCO. The companies have entered into an administrative order on consent with the U.S. Environmental Protection Agency to remove all contaminated materials from the Micronutrients site. "They (the companies) didnt have to do it all themselves. They just felt some sort of personal pride to clean up the site themselves. Its nothing but a loss for them, said Mr. Bateman. The first phase of the cleanup involves the removal of contaminated debris, equipment and structures for the site. Much of this material will be taken to the U.S. Pollution Control, Inc. (USPCI), hazardous waste disposal facility in western Tooele County, according to the EPA. Mr. Bateman estimated the cost of this first phase at $1 million to $2 mil- lion. r$ The second phase of the cleanup, which has not yet been formally agreed upon, involves the removal or treatment of contaminated soil at the site and adjacent properties. Mr. Bateman estimated the cost of this portion of the project at $2 million to $4 million, depending on the amount of work required. Contaminated material removed from the site will be transported in 15 trucks which will be making an average of two trips a day to the USPCI facility. The EPA believes the cleanup will be completed by the spring of 1986. Yocom Calls Cannon an Embarrassment to His Office Says Hell Run for County Attorney Ex-Prosecu- tor Calling Salt Lake County Attorney Ted L. Cannon an embarrassment to his office, lawyer David E. Yocom Thursday announced his intention to run as the Democratic candidate for the office this year. Mr. Yocom, a former prosecutor who resigned in 1979 after complaining' of the way Mr. Cannon ran the office, Thursday filed papers with the Salt Lake County Clerks Office setting up a campaign committee to accept monetary donations for the race. Mn Yocom has until April 15 to file for candidacy. Mr. Cannon had no comment about Mit Yocoms candidacy, and would not confirm rumors that he plans to run for a third term. Well see April 15,! he said. fv Mr. Yocom, in announcing his intention to run, said, Ted Cannon is an embarrassment to the office of the county attorney, to the courts, to the lawyers of this state and to his own political party. When I left the county attorney's office in 1979, I had contributed 8l2 years and felt I had done my public service, Mr. Yocom said. But Ive watched that office and dont brlieve it has had the leadership and direction it needs. I believe I can do a better job." While critical of Mr. Cannon, the Mr. Yocom said he intends to run on his record of experience and leadership as both a prosecutor and defense trial lawyer. "I am an attorney who has practiced law in that office Ive been to court and tried the difficult cases, he said. I believe that I would be able to attract and keep the kind of people who are willing to handle cases in an ethical and expeditious manner, and believe the lawyers with those attributes already in the office would be willing to stay. Mr. Yocom, a graduate of both the University of Utah and the U. of U. Law School, is a veteran prosecutor who worked with the District Attorney's Office and the Salt Lake County Attorneys Office before returning to private practice. He successfully cases as prosecuted such the kidnapping charge against Ted L. Bundy, murderer John Madison high-profil- e Er-vRaines and polygamist-murdere- r LeBaron. While in private pracd defense tice, he was sniper-kille- r for Joseph Paul lawyer Franklin along with former Utah Supreme Court Justice D. Frank Wil- il court-appointe- kins. While with the County Attorney's Office, he was appointed as project director of the offices career-criminprosecution program, which centered its efforts on identifying and prosecuting habitual criminals. He is a member of the law firm of Barber, Verhoef and Yocom, 255 E. 400 South. He was the unsuccessful Demo- cratic candidate for the office of Utah Attorney General in Palmer Tribune Staff Writer The board of commissioners of the Utah State Bar will consider Friday a resolution that would prohibit the association from holding lawyers any business meetings at establish-rient- s which discriminate on the basis of race, religion, or sex. While the bar currently maintains policy prohibiting functions at es tablishments which illegally dis criminate, the resolution may ament that policy to eliminate the illega distinction. If approved, the measure wil mean the state bar will no longer convene at the Alta Club, 100 E. South Temple, at least while the social or ginlzations membership remains ex duSively male. establishments The a policy against female membership has come under public scrutiny recently, brought about in part by a Utah womans lawsuit against the Alta Club for its allegedly discriminatory practices. Alta Club Furthermore, member Donald B. Holbrook, an attorney who serves on the state bars board of commissioners, has publicly suggested that the club break with tradition and change its membership policy. A letter which Mr. Holbrook sent to the Alta Club board of directors last month was published in the January edition of the Utah State Bars newsletter. It says the clubs policy of limiting membership to men "is totally out of time and appropriateness considering the enormous strides women have made as lawyers, doctors, tists and in business, banking, politics and education." Mr. Holbrook reasons, "All through our society women have achieved success, recognition and respect in every way and the vestiges of a bygone era should be abandoned. The Salt Lake City attorney says he was moved to act as a result of his belief that rather than try to force a course of action, a voluntary effort by the Alta Club would be more powerful." Informal dialogue, he says, is preferable to legal action and embarrassing confrontations. He said elimination of the club bylaw which disqualifies women for membership would create an element of congeniality from women, if they were brought into the club as welcome members" rather than by a judicial mandate. Qualify Jury By Teri Gomes Tribune Correspondent , COALVILLE In a landmark decision, 3rd District Judge J. Scott Daniels ruled Thursday that the jury in the murder trial of Francis Preston Mitchell does not have to be death qualified. Stating it is a violation of the defendants Sixth Amendment right, Judge Daniels ruled that the jury which hears the guilt phase of the trial does not necessarily have to be the same jury which could sentence the defendant, if he is found guilty. In capital murder cases, jury members generally are selected after being questioned about whether they could impose a death penalty if a e defendant is convicted of murder. Those jurors who say they would be unable to impose the death penalty generally are excused. Although this motion has been argued in other capital cases, for example the murder trials of convicted killers Arthur Gary Bishop and Wesley Allen Tuttle, this is the first time a judge has ruled to not "death qualify a jury in the state of Utah, and only the second time a judge has so ruled nationwide. Defense Attorney Ken Brown had called Dennis Willigan, University of Utah associate professor of psychology, as an expert witness. Mr. Willigan cited more than a dozen articles and books regarding the death qualifying of a jury, and it was his opinion that juries which are death qualified tend to be more prone to conviction. Summit County Attorney Robert Adkins pointed out that this motion had been argued before in the Bishop and Tuttle cases. "The motion has never been granted here. But Mr. Brown countered that the Utah Supreme Court, on Jan. 13, had heard this very issue. More than a half dozen motions were heard Thursday afternoon in the case of Mr. Mitchell, who is accused of the 1984 Park City shooting death of airline pilot Fred Duncan. first-degre- 1976. David E. Yocom Cites His Experience Alta Club Controversy Spurs State Bar to Consider Boycott By Anne Joe Countryman, chief of the civil division branch in the Corps Sacramento District, said two factors weigh heavily in support of congressional funding for Little Dell. First, Little Dell has actually been started at least as far as the federal government is concerned. Thats was because Sen. Jake Garn, successful last year at including about $3 million m a supplemental appropriations bill to begin work on the dam. The money can only be spent if local sponsors of the dam can negotiate an acceptible agreement with the Corps of Engineers before June 30. Mr. Countryman said Congress will be much less likely to ax projects which are underway than those which have only been proposed. Second, he said Little Dell could be the first reservoir in the nation built g formula adusing a new vocated by the Reagan administration. Rather than having the federal government provide the vast majority of funds for the dam, as has been the practice in the past, the federal government would pay only 55 percent of the costs of Little Dell. The local sponsors would pay the remaining 45 percent. The administration has a strong desire to implement cost sharing . . I think if we reach an agreement by June 30, the project will go, said Mr. Countryman. Little Dells cost to local agencies is estimated at about $23 million. Salt Lake City will contribute the equivalent of $3 million through the donation of land for the reservoir. The Metropolitan Water District will be responsible for $10 million to $12 million to cover the cost of developing drinking water supplies and Salt Lake County will contribute $7.6 million to pay the flood control costs. To raise the necessary $20 million in cash, the county and water district are considering asking for a loan from the Utah Board of Water Resources. The watei;, district would repay its share of thq loan through revenues from water sales. There might be some slight increases in water rates to repay the S1 loan, but nothing shocking, said Mr, Sefakis. The county could repay its share of the state loan by refinancing the flood control bonds issued in 1983, said Mr Holzworth. e Little Dell reservoir has been B-Column 1 cost-sharin- Yor-gaso- i 1 It is my judgment that our tradition of exclusivity and prestige would be enhanced by women members and I see no reason to continue denying them that privilege, he wrote to the Alta Clubs directors. In addition, Mr. Holbrooks letter said he was pleased by the "dignified request" which a group of Utah attorneys, the Women Lawyers of Utah, made last November when they proposed a resolution to the bar commission enjoining the association from holding meetings in establishments which discriminate. Commissioners deferred action on that resolution pending the advice of Jeff Paoletti, legal counsel for the Utah State Bar. Whatever the outcome of Fridays controversial bar commission agenda item, criticism of discriminatory practices by social clubs will not yet be laid to rest. According to Brian Barnard, the attorney representing Megan Marie Peters in the civil rights suit against the Alta Club, the onslaught continues. A Jan. 21 hearing is slated before Judge Dean Conder in 3rd District Court, when Mr. Barnard will ask for a preliminary injunction. Mr. Holbrook says he is confident the club, which was established in 1883, will at least consider changing its ways. He said reaction by both legal and social peers to his letter encouraging the board of directors to amend its bylaws has been for the most part positive, Mr. Holbrook said the Alta Club board of directors has shown a willingness to allow its 425 members to vote on the matter. Judge Daniels ruled to close the hearing on a motion to suppress the testimony of one witness. After arguments by Miles Holman, attorney for several new organizations including The Tribune, the judge agreed to let press members remain as long as they didn't publish any of the testimony regarding that motion until a jury Is impaneled next week. a Judge Daniels decided to continue motion to suppress statements Column 4 See B-- ' V i j 4 1 |
