Emery County Review | 2008-08-19 | Page 3

A3 The Emery County Review, Tuesday, August 19, 2008 Lawsuit filed on treatment center issue Continued from Page A1. torneys presented to the council their belief that not only did the city not need to change its zoning to al­low the facility, but it had no legal argument for de­nying the facility the right to open. “On behalf of Ms. Wil­ liams we do request that you reconsider her request in light of the informa­tion presented herein, and grant her the permission she seeks. Alternatively, we suggest that you briefly postpone final determination of the matter until you and your legal representative can familiarize yourselves with the information we have pre­sented, and advise you ac­cordingly,” Thomas said in closing remarks in his letter. Before the council en­ tertained a motion on the subject, Mayor Gil Conover asked the city attorney, Rich­ ard Chamberlain, who was present at the meeting, his view of the legal argument presented by Williams’ at­ torneys. Chamberlain told the city in January that he be­ lieved that since there was no zone in Ferron that specif­ ically permits a facility such as Williams’, it would be ap­propriate to deny it. He said after analyzing the argument of her attorneys his opin­ion had not changed. In his analysis Chamberlain said he believed there was a dif­ference between a residen­ tial facility and a residential treatment facility, namely that treatment could include residents of a facility that were there against their will. “It’s still my opinion that you would have to amend your ordinance to allow the facility,” Chamberlain said. Williams’ attorneys had urged the city council to ob­ tain a legal opinion on the issue from attorney David Church, who provides legal advice and interpretations for the Utah League of Cit­ ies and Towns. Chamberlain said he understood if the city wanted a second opin­ ion on the subject and Mayor Conover indicated he had talked with Church and the attorney had recommended the city follow the legal ad­ vice of Chamberlain. After Chamberlain had given his legal opinion on the matter, Mayor Conover asked for a motion on the matter and Councilman Trent Jackson moved that the city not amend its zoning ordinances to allow the facil­ ity. He said he made such a motion partly because he felt it was the best thing for the city and partly because a change went against the city’s master plan. His mo­ tion was seconded by Coun­ cilmember Ronny Bloomer. In a vote on the motion the decision was made to approve the motion to not amend its zoning ordinances by a vote of 4-1. When the issue first came before the planning and zoning committee in December of last year there was not a quorum present to vote on the zoning request and when the issue went before city council that same night the city approved a business license to Williams for her facility, pending clearance by planning and zoning. With what she felt was con­ditional approval to open her business; Williams in­vested on renovations to the building she had leased to prepare it for operation. In the interim residents living close to where the fa­ cility would be established began to voice their con­cerns about troubled youth being housed in a treatment facility they did not want to be in and argued that a treatment facility is far dif­ferent than a foster home. During the Jan. 10 meetings of the planning and zon­ing committee and the city council the issue dominated both meetings with the end result being that planning and zoning recommended that the city council rescind their earlier decision to give a business license to Wil­liams. During the city council meeting the council took the committee’s recommen­dation and rescinded the license and the issue went back to planning and zoning for further discussion and research. Planning and zon­ing returned the issue to city council on Feb. 19. With the final decision made by the city council to not amend its zoning ordinances, Williams’ only re­ course to pursue the devel­ opment of the facility would be to make a legal challenge of the city council’s decision. Attorneys for Williams filed an appeal of the decision denying the application with Ferron City on March 27 and received no response from the appeal, which led to the Aug. 6 filing in district court. The complaint filed against Ferron City seeks injunctive relief and monetary damages under the Fair Housing Act Amendments of 1988 and the Fair Housing Act, which state that it is illegal to discriminate against any person because of their disability. According to the filing documents Williams’ out of pocket expenses for Pine Meadows in securing the facility, satisfying state licensing requirements and trying to secure a business license total approximately $77,500 as of May 31. Additionally, the court document claims that each month that the facility has not been able to operate it has lost monthly placement fees in the amount of approximately $104,000. In the filing document the court is asked to award compensatory and punitive damages to Pine Meadows in an amount to be proven at trial. With litigation pending, both sides were advised not to comment by their attorneys, but in an article in the Salt Lake Tribune, Ferron Mayor Gil Conover indicated that he was surprised by the action against the city and that Ferron was willing to grant Williams a license. Trash contract debate continues in Ferron Continued from Page A1. Sanitation was information that City Sanitation already had. The council continued to question and discuss the number of roll offs, the cost of those roll offs and whether or not those records were tracked by Emery County Landfill. After lengthy discussion the question was posed by the council that if Williams was aware of it being a five year contract, would his numbers have changed. Williams answered by saying, “No, but I would sure like another shot at it after three years”. The council then asked Kent Wilson, owner of Emery County Sanitation if he would be willing to re-open the bids up in three years. Wilson stated that he would like to think about it for a day before making a decision. Wilson went on to say he thought he could find City Sanitation’s original bid that was broken down as a five-year contract, he further stated that he had purchased $100,00 of equipment and had placed the bid in good faith. During discussion it was reported by city council that originally it had been thought that they could award the bid to whomever they wanted. Legal council later advised that the city had to legally award the contract to the lowest bid. Council member Ronny Bloomer stated that he felt bad that an error had been made in the award of the contract during the first meeting; that he realized that both companies had a lot to lose if the contract were to be given to the other. He went on to say that, unfortunately whatever had happened during the other meetings, the council was legally bound to award to the lowest bidder, which was Emery County Sanitation. Council member Jackson ended by saying, “We are held to the lowest bid, the lowest bid is Emery County Sanitation and unfortunately that’s the end of the discussion”. Williams then asked about the possibilities of opening up the contract for bid again in three years, saying there was no doubt in his mind that the service would be the same and that he was sure he would be the low bid and he would love to be back. The council said that was something they would have to discuss with legal council, but they could see Williams point. Williams concluded by stating that Ferron residents needed to have their garbage cans on the street for garbage pick up on Aug. 29. The cans would be dumped and then be picked up on Aug. 31. Any garbage put into the cans between the Aug. 29 and Aug. 31 will be dumped before the cans are picked up so that City Sanitation can fulfill their contract through Aug. 31. The Council finished by thanking City Sanitation for their service and followed up by saying that the council would speak to legal council about the contract being re-opened for bid in three years. He indicated that the city council had sent such notices to Williams’ attorney. Williams responded to Emery County’s New Newspaper 685 South Main Street P.O. Box 487 Orangeville, UT. 84537 www.theemerycountyreview.com Phone: [phone] Fax: [phone] Established January 2, 2007 Published Every Tuesday Publisher / Editor James L. Davis [e-mail] Co-Publisher / Office / Advertising Manager Colleen A. Davis [e-mail] Assistant Editor Josie Luke Advertising Design / Office Lyndsay Reid Editorial Staff Kathy P. Ockey Webmaster Casey Wood Postmaster: Send change of address to The Emery County Review, 685 South Main Street, P.O. Box 487, Orangeville, UT. 84537. Publication No: (USPS 6) issued once a week at Orangeville, Utah. Standard postage paid at Orangeville, Utah. Subscription Rates 1 Year (52 Issues) In-State $23.00 1 Year (52 Issues) Out-of-State $26.00 Copyright 2008 The Emery County Review Earl’s Furniture & Appliance Quality for less sofa spectacular Sales Event Up to 50% off August 18-23 School board approves adoption of new tax rates Kathy Ockey During the Aug. 13 School Board meeting it was reported that the teachers and their support staff had originally been budgeted a 1 percent increase in their salaries. Jared Black, business administrator, said that due to the increase in property valuations, there would be an additional 1 percent increase for these employees. He also said that expenditures have changed very little but a new item for student activities has been added to the budget. The board approved the adoption of the final 2008 tax rates and fiscal year budget. The tax rate is higher due to the increased property value which has added $662,000 to the budget because of this increase. The board approved payment of a $116,306 judgment levy by PacifiCorp that was also a result of the increased property value. Emery High Future Farmers of America instructor, Corrine Dalton, requested out-of state travel funding to the National Range Management Convention for student, Jessie Mann, who is involved in this program at the high school. The convention will be held in Albuquerque, N.M. and said George Cook, Society for Range Management supervisor, would accompany and chaperone Jessie at the convention. Jessie is tentatively planning to give a presentation on his interest in exploring the medical purposes of plants and their healing properties. The board approved the outof-state travel expense. Additional personnel and names approved for the district this year were: Doug Mecham, Vice-principal at Emery High School; Alisha Whitesel, Emery High; Latitia Fornley, Emery High; Ryan Hepworth, Canyon View Junior High; Leah Church, Green River High; TheEmeryCountyReview.Com Alisha Burr, Casey Healey, Megan Lemoreaux and Mara Kava, Ferron Elementary; and Amy Bell, Elementary Behavioral PsychologyGrade school level. Superintendent Kirk Sitterud concluded the meeting with the comment, “We have good people, good teachers and good administrators.” Jones Authorized Dealer Home & Office Supplies Portable Music Computer Accessories Power & Batteries & Much More many items marked down drastically! Home-Elegance-Furniture 390 n. Main Street Huntington 435-687-9119 Gordon’s Nursery & Floral Fresh Flowers, Plants And Gifts 686 N 400 E Huntington We never stop working for you. 185 E Main Castle Dale, UT 381-2421 Mon-Fri 9-6 •Saturdays 10-3 The USU Extension office in Castle Dale can take them up for you. •Free In-Home Evaluation All entries must be in the Extension office by August 26 before 5:00 p.m. 75 E. Main #114 Castle Dale. Care Covered By Medicare For more information contact extension office at 435-381-2381 or e-mail [e-mail] or visit the Utah State Fair web site at www.utahstatefair.com for special rules and awards. Resource Options For Non-Medicare [phone] [phone] New Construction & Remodeling 435-748-2111 Orangeville, UT Family Community Nursing Services Home Health & Hospice “We Build Everything” 687-2264 Boyd’s Do you want to send your exhibit to the state fair? the Salt Lake Tribune that the city said they would issue her a license, but they never put her on the agenda. Pharmacy For All Your Pharmaceutical Needs Christy’s S alon ensations “Service With A Smile” Walk-Ins Welcome or call for an Appointment Tuesday - Friday 381-5464 Christy Collard Katie Brady 25 West Main Castle Dale, Utah 190 So. Main, Huntington 687-9766