Sunday, August 23, 2015

Emails to Robert Ranc, assistant Lehi Administrator, lots of questions, not a lot of answers

Here are some more emails I sent to Robert Ranc.  I have lots of questions and request for documents, information and verification of a signature.  Answers were not forthcoming and I have yet to get an answer verifying Todd Munger's signature on the Family Search plat.  I have even sent two text messages to Todd's cell phone, no response from Todd.  Todd never attended a single recorded meeting on the Family Search subdivision, he may have had discussions with other city employees, we don't know, because there is no public record.  Yet he signed the Family Search subdivision along with Gary Smith without even consulting the Lehi City Council or the Planning Commission that we are aware of. 

Here are a few of my emails to Robert.


Robert

I was reviewing the Family Search Plat recorded by Utah County on July 9th, 2015.  It appears that the subdivision was accepted and approved by the Lehi Public Works Director and Chief Building Official on behalf of the Legislative Body of the City of Lehi on June 24th, 2015.  I can make out the name Gary Smith on the recorded document as the Chief Building Official, however, I am unable to make out the signature of the Public Works Director.  Could you please take a look at the Family Search Plat subdivision and provide me with the name of the person who signed as the Public Works Director. 

Thank you

Bill Conley
-----------------------------------

Robert
 
Can you verify Todd Munger signature on the Family Search plat? I would like to see a copy of his signature. 
Secondly, it does not matter that the city believes a plat is more comprehensive than meets and bounds, the code clearly states, the recording documents are to be meters and bounds, NOT A PLAT!
I have found numerous examples where the city us not following its own code, this is just one very clear example. This needs to be corrected. The city can't pick and choose which of its codes it enforces, they must live to the letter of the law as they, the city has defined it. Read Chapter 28 of the resort community code, there are numerous examples where the city is not enforced the code as it is written.
Can't pick and choose.
Bill Conley
 
----------------------------------------------------
 
Robert
Thank you for pointing that out, it is an important distinction.  This is ONLY relevant for Chapter 28 or are the Chief Building Official and Public Works Director designated as having authority, on behalf of the City Council, to approve and sign final documents elsewhere?  If so, where and I requested some type of document identifying them as having been given authority, does one exist?  Or is it ONLY in the language you referenced? 

The designation of a plat versus metes and bounds needs to be corrected at the County!  The code says metes and bounds, not plat.

As for other enforcement examples.

Check out Chapter 2.14, Campaign Finance Disclosure REQUIREMENTS FOR CANDIDATES, 2.14.030 "Each candidate for elective offices shall file with the city recorder, dated, signed and sworn financial reports which comply with this chapter.  The reports required by this chapter shall be filed at least 14 days before BOTH THE PRIMARY AND GENERAL ELECTIONS..."
This was not adhered to and nobody seems to care!  This was handed out by either the city attorney, mayor or city recorder at a meet the mayor night, this MUST be adhered to, otherwise, why hand it out? Not everyone handed their financial disclosures in on time.  Marilyn even sent out an email requesting we hand out disclosures in by July 28th, 5 pm, 14 days prior to the primary.  If we were not required to hand one in at all, why did she send out the email.  I still contend, Kim Holmes is disqualified from running in the November ballot and I have contacted the Lieutenants Governor's office for a ruling. However, I think the city of Lehi needs to step up and adhere to the code as it is written! I know mistakes were made and I want them corrected. 

Chapter 28 Resort Community Zone
Several enforcement issues and problems that nobody seems to care about and are not enforced by current city government. I will point out a couple relevant sections and words within these sections.
Section 28.010
C.  "Outside the state"
D.  "While protecting the health, safety and long term welfare of the community."  This phrase is used by multiple departments, BUT NEVER SUBSTANTIATED!  In the future, I request that that those who use these words, substantial their position in writing.  Words are just words and mean nothing if there is nothing backing them.  This phrase is never questioned and should be. 
F.  "dedicating land or utilizing certain space within the Resort Community Zone at no cost to the city."  This certainly has not happened.  When is the city going to start enforcing their own code?
Section 07.050 Public support REQUIREMENTS
A-D, not happening!  When is this going to be enforced?

These are but a few of the codes that I believe enforcement by the city is lacking and there is no consequence to those breaking or enforcing the code.

Thanks
Bill Conley

--------------------------------------------------



 
 
 
 

Email thread between Robert Ranc (Assistant City Administrator) and myself this past week.

Email thread between Robert Ranc (Assistant City Administrator) and myself this past week.

Robert

 Another question for you. 

In chapter 28 of the Lehi resort community code, page 28-4 section 28.060 - Development Approvals and Permits in A.1 there is a sentence that is causing me some confusion.  It states that the Chief Building Official and the Public Works Director have the authority to sign on behalf of the City Council "if they are designated by the City Council as the officers having authority, on behalf of the City Council, to approve and sign the final document (s). 

Is there any kind of document you could send me that states that the Chief Building Official and Public Works Director have been given this authority and have the right to sign on behalf of the City Council and then provide me with examples where this has been the case.  I would like to see the document authorizes them to sign on behalf of the City Council.

Secondly, in that same section it states, "The lots in a minor subdivision WILL be divided by a metes and bounds document rather than a PLAT."  I have contacted the Utah Recorders office and the Family Search subdivision is recorded as a PLAT, not by metes and bounds as outlined in the resort code.  I would like an explanation as to why the code as written above was not followed. 

I will be sharing your response to the hundreds of those Lehi residents who are outraged by the proposed destruction of the Thanksgiving Point driving range to put up two massive office buildings.

Thank you

Bill Conley


Here is Robert's response

Bill,
 
Section 28.080A1 does not use the word “if.”  It uses the word “are.”  This is a very important legal distinction.  I have directly copied the language below.  You are, of course, welcome to verify this for yourself.
 
The Preliminary and Final Plans shall be submitted and reviewed simultaneously, and the Chief Building Official and Public Works Director are designated by the City Council as the officers having authority, on behalf of the City Council, to approve and sign the final Document(s)
 
On the issue of metes and bounds, you are correct as to the language.  However, you misunderstand the difference between a metes and bounds document and a plat document.  A plat document is completed to a higher standard than a metes and bounds document.  So when a developer offers a plat document rather than a metes and bounds document, the city is happy to accept a plat.
 
Based on this information, the city is maintaining its position that the developer for this project has followed all applicable requirements.
 
Regards,

My response back to Robert

Robert 

 Thanks for the point of clarification. It seems as though words matter or you would not have pointed out a specific word.  If words matter, than so do the words metes and bounds.  You seem to believe the term plat is superior to the term metes and bounds and therefore the city will accept a plat over a metes and bound description.  If words matter than the city MUST follow what is written and what is written is not plat, but metes and bounds language.  You, I and no one else gets to determine that a plat is superior to metes and bounds.  If you are going to suggest the word "are" is relevant, well then, so are the words, "metes and bounds".  You can't simply pick and choose what you will and will not enforce. 

You seem to suggest that a plat is superior to the term metes and bounds.  Maybe you could show me anywhere within Lehi City code that the term plat is superior to the term metes and bounds and that the City as an official statement accepts a plat description in place of a metes and bounds description, please provide me the relevant code or statute that specifies this. 

This must be corrected at the county, you can't just be happy to accept a plat description in place of a metes and bounds, the code specifies a metes and bounds description and specifically states it cannot be a plat.  "The lots in a minor subdivision WILL BE divided by a metes and bounds document rather than a plat."  What is so difficult to understand about this language.  You don't get to choose or be happy, you must follow the code as it is written.  You commented on the relevance of a single word "are", now you must follow the code, there is nothing to misinterpret, language as written MUST be followed.

I requested that you provide me with a document that was prepared by the mayor or city council granting the Public Works Director and Chief Building Official with the authority to sign legal documents on behalf of the legislative body (city council).  The code says "The Chief Building Official and Public Works Director "are" designated by the City Council as the officers having authority, on behalf of the City Council to approve and sign the final documents."  I would like to see any documents created by either the City Council or may granting them this authority. I would like to know if there are no such documents.  I would also like to know if there is anywhere else in any Chapter within the City Code that grants the authority for the Chief Building Official and Public Works Director to sign minor lot subdivisions on behalf of the City Council or is the only place this shows up in the City code?

Lastly, could you testify that there will not be any requirement for the construction of any public improvement or the dedication of any public right away.  The language in the code specifically states the Chief Building Official and Public Works Director can sign as having authority, if the subdivision includes less than ten lots and the subdivision does not require the construction of any public improvements or the dedication of any public right of way.  Are you or anyone at the city willing to sign a document clearly stating that there is and will never be any requirement for the construction of any public improvement? 

Did you know Todd Munger NEVER attended a reported or recorded meeting to discuss the Family Search subdivision, yet he put his signature on the documents recorded by the county.  How did the city allow Todd Munger to sign off on a subdivision that he was never at a meeting to discuss? All I can say is WOW.  There was no City Council or Planning Commission discussion and one of the two people who signed off on the subdivision was never even in a recorded meeting (there was only one) to discuss the proposed subdivision.  Who told him to sign the document and who gave him the information about the new subdivision.  I can't imagine Mr. Munger signed something he knew nothing about, maybe he did, although that would be incredibly irresponsible of him.

Please fix the situation at the County.  According to Chapter 28, this cannot be recorded as a plat, it MUST be recorded as metes and bounds. 

Bill Conley
 

And finally, it seems as though Robert has had enough and does not want to engage in meaningful dialog, provide me the answers and documents I am looking for.  By the way, Robert in no way provided me with answers to my questions.  Take a look at my question and Robert's response and you let me know if he answered each and every one of my questions. It baffles me that city administrators who work for me and the other residents of Lehi, refuse to engage in a meaningful dialog.

Bill,
 
I have provided you an answer to your questions.  I am sorry you are not satisfied, but I will not be engaging in any additional arguments.  If you have legal concerns you are welcome to contact city attorney Ryan Wood.  You may also contact city administrator Jason Walker or any of your elected officials.  This will be the last communication you receive from me.
 
Regards,


Protect the health, safety and long term welfare of the Lehi Community, what do these words mean?

At a recent Lehi City Council Development Review Committee meeting, the following findings were published, play close attention to number 3.

FINDINGS

The Development Code does not identify specific findings that must be considered when approving a concept; however the

Planning Commission may wish to include the following findings in the motion:

1. The proposed Concept is consistent with the Lehi City Development Code

2. The proposed Concept conforms to the goals and policies of the General Plan.

3. The proposed Concept does not affect the health, safety, welfare, and morals of the City. 

In the Utah League of Cities and Towns Powers and Duties, a handbook for Utah Municipal Officials, page 121 under the Title, "Basic Legal Issues for Land Use Control" it states, "The purpose of this Chapter are to provide for the health, safety and welfare and to promote the prosperity, improve the morals, peace and good order, comfort, convenience and aesthetics of each municipality and its present and future inhabitants and businesses."

Chapter 28 of the Lehi resort community code, section 28.010 - Purpose and Intent, section D, it states "while protecting the health, safety and long term welfare of the community."

If you have been to a Lehi Planning Commission or City Council meeting you routinely hear them robotically recite the words, protect the health, safety and welfare, but what do these words mean? 

For their definition, lets turn to Chapter 39 of the Lehi building code (definitions) and look for these three words.  First the word, health, sorry not there.  Then, the word, safety, again not there, wow, did you know there were two full pages describing Sexually-oriented businesses, but no definition for safety and lastly, what does the word welfare mean as defined by chapter 39?  What, I can't find it. 

Lets ask those that recite these words on a regular basis what they mean to them. So if you are on the DRC, Lehi Planning Commission or City Council, feel free to comment on this blog post what you believe these words mean, thank you for responding.

The meaning, understanding and definition of these words for the long term welfare of the Lehi residents is important if not critical.  City administrators, employees, elected and appointed officials must tell us what these words mean to them personally and also define them in Chapter 39. 

Too often, I believe these words are recited without understanding there consequence to the residents of the City of Lehi.  Let me give you an obvious example where the safety of Lehi residents is put at risk almost on a daily basis.  For those of you who have had the opportunity to eat lunch at what I will call the outdoor food court in Thanksgiving Point, you all know how difficult it is to park. They have opened up parking across the street (North Thanksgiving Way) where Lone Peak Trailer's use to be.  Hundreds of people on a daily basis have to make there way across this incredibly business road putting their life at risk.  There is no cross walk or intersection, you literally have to dash across the road hoping not to get hit.  Everyone at City Hall knows what a debacle this is, so what are they going to do about it, I know build more restaurants in the area.  The second thing they are going to do is build a dozen or so more fast food restaurants east of I 15 to cut down on the number of people frequenting the open door fast food court, now that is a great solution.  The problem was created by allowing this many restaurants to congregate in one area without sufficient parking, now whose fault was that?  DRC, yes, Planning Commission, yes, possibly City Council, not quite sure, but probably yes.  So, is this a safety concern, yes it is. How are they going to correct the problem?  Ask DRC, the Planning commission and your City Council. There are problems like this all over the city.

Try driving from Thanksgiving Point golf course to the freeway at rush hour, this six block drive may take you as long as 20 + minutes and more than likely you will have to wait for 4 or 5 stoplights before you get to wait to get onto the freeway, where you will wait even longer.  Poor planning and they want to keep building more and more in the Thanksgiving Point area. The City blames the traffic snarl around this area on the State and says one day (many years from now) the problem will be addressed, hey, but, lets keep building and adding more traffic and congestion.  Is this good for the welfare of the residents of Lehi?  Residents in the Thanksgiving Village subdivision talk about planning their heart attack so that they don't have to fight traffic at rush hour.  They know for sure, they will die before they get to the hospital, is this a health related issue, of course it is.

There are countless traffic related issues in Lehi and the mantra continues to be at City Hall, there is no development project we don't like, bring it on, the more the merrier.  Long term welfare of its citizens being taken into consideration, I think not.
 
I recently ran for Lehi City Council and failed to make it on the November ballot.  However, I was able to speak with hundreds of Lehi residents who believe the City has some work to do in regards to... 

Traffic and road infrastructure, making sure and ensuring road infrastructure is ahead of growth and development not lagging behind as it is today
Massive growth and development while ignoring traffic patterns, road congestion and oppressive wait times at traffic lights
Insufficient water supplies and pressure in the pressurized irrigation system
Carbon emissions from increased traffic
Noise and light pollution and the loss of green space to commercial and residential development
The lack of parks and recreation facilities and programs for the residents of Lehi, both youth and adult.
The increase in traffic congestion especially around schools puts the lives of our children at risk.
 
These are but a few of the concerns of the residents of Lehi, there are countless others (I seriously could go on and on, not to many long term residents who are happy with what is happening in their city).  Many residents don't believe that the current city officials and administrators listen to them and believe they really don't care about them.  Many long term residents pine for the old days when Lehi was a small town and believe the current growth is not welcome.   

So when our those appointed, elected or who work for the city ensure us that the long term safety, health and welfare of the residents are protected, what do they really mean and how do we hold them accountable today and in the future for what will be continued traffic congestion, water regulations, unfettered growth and development without proper road infrastructure and mediocre park and recreation facilities and programs for our youth and adults.   

I believe these words have meaning and I believe they need to be defined by and placed in chapter 39 so we all know what they mean.
 
Lehi of old is dying, there is construction everywhere and before you know it we will be a city of over 100,000 people.  Time to define what you mean by safety, health and long term welfare of the residents of Lehi.

Maybe Lehi should consider a building moratorium like Highland.  They may need to step back and re-evaluate the sheer volume of building that is going on.  One last point.  During my run for Lehi City Council, I had an opportunity to speak with many of the department heads in City government and in each case they indicated that their departments where understaffed.  Things are falling through the cracks, codes are not being enforced and things are being overlooked.

Slow down!

Response to Chris Condi's questions and comments regarding a post I made on Facebook regarding Lehi City Hall

Chris Condi wrote the following comment on a Facebook post where I publicized a couple of new blog post I had written.  Below his comment is my response.  I attempted to response in the comment section of my Facebook post but for some reason, it will not post, so I am releasing my response here.

Chris's response.........

Bill, I support your first amendment right to speak out on any issue, to be critical of your local government, and even your fellow citizens and residents. Keep it up and God bless you for using it!

Me personally, I cannot take anymore of your tiring
rants, mis-representation of facts, and the demeaning of others to make a point, which to me is illogical.

Your whole argument ignores ones right to own, sale, donate, develop, or do what they want with their property. You do not own the golf course, the city does not own the golf course, residents do not own the golf course. The Ashton's did and they did with it what they wanted to. People like the Ashton's are amazing people. I applaud them, not because they sold the property to the LDS church, but because they wanted to make their community a better place. They saw an opportunity and they took it. God bless them!

When you want to have a serious DISCUSSION I am all in.

BTW, why don't you share your email to this group that you sent to the city attorney requiring that all elected officials and city staff declare their religion? And how if any of them are affiliated with the LDS church should recuse themselves from any LDS decision that comes before them. If you lost it, I have my copy! Thank you for respecting my first amendment right to associate with the religion of my choice.

Oh, where in the constitution, or the law, does it say that I, as an elected official, have to declare my religion and recuse myself? And does your statement just apply to LDS members? What about Catholics, Jews, Non-denominational, Muslims, Baptists, Protestants, Appostalics, Evangelicals, Roman Catholics, .....? Should every candidate for elected office just recuse themselves when their particular religion has a development project come before them? Or just the LDS ones?

My response to Chris's response

Let’s breakdown Chris's comment on one of my blogpost.
 
Bill, I support your first amendment right to speak out on any issue, to be critical of your local government, and even your fellow citizens and residents. Keep it up and God bless you for using it!
 
I most certainly am not critical.  Remember, local government and those who serve in elected positions work for the people of the city, town or community. Speaking out and pointing out discrepancies in city government should not be attacked or ignored by reviewed carefully by those who work at city hall.

Me personally, I cannot take any more of your tiring rants, mis-representation of facts, and the demeaning of others to make a point, which to me is illogical.
 
Chris, if you don’t like it, don’t read it.  I have not demeaned anyone.  I simply pose questions and request answers and speak the truth as I see it. If you want to challenge what I have written, you are free to give a written response to my questions and provide me with the documents I have requested.  Simply ignoring my questions leads me to further believe that City Hall is operating in secret and has a hidden agenda.  It is critical that City Hall follow the code as it is written and not ignore the sections they don’t want to have to deal with.

Your whole argument ignores ones right to own, sale, donate, develop, or do what they want with their property. You do not own the golf course, the city does not own the golf course, residents do not own the golf course. The Ashton's did and they did with it what they wanted to. People like the Ashton's are amazing people. I applaud them, not because they sold the property to the LDS church, but because they wanted to make their community a better place. They saw an opportunity and they took it. God bless them!
 
Sold?  Have you seen the real estate purchase and sale agreement?  Sold, can you say donated.  There was mention that a portion of the property was donated, so what was the portion of the property that was sold, do you know, does the public know, I know I don’t know and would like to.  Through my research, The Church may have been looking for a developer in the Thanksgiving Point area to donate property, looks like they found the Ashton’s.  Agreed the Ashton’s have been amazing people.  They have plenty of property on the other side of the railroad tracks, maybe they could have sold (donated) property where all the other commercial development is taking place.  Donate (sell) a driving range on a PGA caliber golf course. I challenged anyone to find me a similar situation where a driving range was converted into two massive office buildings, no one has brought one to my attention.  This is not typical and in my opinion and the opinion of countless thousands of others, just flat out wrong. Pose this question to any non LDS golfer who lives outside the State of Utah and they would think this was crazy.

When you want to have a serious DISCUSSION I am all in.
 
How about answering the questions I have already asked and providing me with the documents I have requested, then let’s have a serious discussion.  Answer all my questions and provide me with all the documents.  I really don’t want a discussion.  I want those at City Hall to obey the rules and regulations just like the rest of us.  What gives City Hall the right to choose which codes they want to enforce and which codes they want to ignore, shouldn’t they have to enforce them all!

BTW, why don't you share your email to this group that you sent to the city attorney requiring that all elected officials and city staff declare their religion? And how if any of them are affiliated with the LDS church should recuse themselves from any LDS decision that comes before them. If you lost it, I have my copy! Thank you for respecting my first amendment right to associate with the religion of my choice.
 
Done.  I like Paige’s response, she laughs it off and makes a joke of my request.  I am a law abiding, tax paying citizen with the right to ask and receive information from City Hall. Working at or for the City of Lehi requires you to not comingle your religious and civic duties and responsibilities.  When your personal religious beliefs clouds your ability to be objective in your role in a non-religious entity such as working at for  the city, then you may have a conflict of interest and we the public should be aware of that. One of those that signed off on the Family Search subdivision was not at any recorded city meeting to discuss the Family Search plat, yet he signed off on the creation of the plat.  When this individual was asked why he signed off on a plat that he never was in any recorded discussions about the plat, one of his responses was that anything The Church does, they do first class. This subdivision was never discussed in an open meeting by the City Council or the Planning Commission which is typical when you create a subdivision. I think there are many who are LDS who are in favor of anything The Church does.  Remember, not everyone who lives in Lehi are LDS and you have a responsibility to represent them as well.

Oh, where in the constitution, or the law, does it say that I, as an elected official, have to declare my religion and recuse myself?
 
Do you have a problem identifying yourself as LDS in an open public forum?  Read the ethics section in the handbook I mentioned.  It is my opinion that there are many LDS people who have been conditioned to believe anything The Church does is absolutely OK and in fact, The Church conditions its members to believe that any opposition to the teaching of the Church may be wrong.  We have a right to know if you are capable of being objective and stand up for the rights of the citizens of Lehi. Your objectivity in your role as a city official is critical and if you are incapable of being objective because of your religious affiliation, then we need to know that. You work for us, not the LDS Church.
 
And does your statement just apply to LDS members?
 
In Utah County, city of Lehi, pretty much, not to many other religions other than LDS dominate the landscape. In Lehi, I believe you need to identify your religious beliefs, once again, do you have a problem doing that?  I don’t think the Catholics, Jews, Non-denominational, Muslims, Baptists, Protestants etc. as a religion are seeking land donations from wealthy business people who happen to also be LDS to donate property on a golf course to build two massive office buildings.
 
What about Catholics, Jews, Non-denominational, Muslims, Baptists, Protestants, Apostolic, Evangelicals, Roman Catholics, .....? Should every candidate for elected office just recuse themselves when their particular religion has a development project come before them?
 
No, I do believe Utah County is unique and has a rather large LDS membership.  In Utah County, as it concerns a building project on a golf course, I believe we have the right to know your religious affiliation and whether or not you are capable of being objective. Not all LDS members are capable of being objective and believe anything The Church does is OK by them, we have a right to know if that is how you believe. We also have the right to know if you are going to follow and obey all the city codes or ignore the ones you don’t want to have to deal with. Why don’t we have everyone at city hall read Chapter 28 of the Lehi resort community and sign a sworn statement that everything in the code is being followed exactly as it is written, could you sign that statement.  Don’t attack, answer my questions and provide me with the documents I have requested, then we can have a meaningful dialog. Choosing to ignore my questions and requests absolutely means you don’t have the answers and therefore are not in compliance with your own ordinances and codes.
 
Or just the LDS ones?
 
No, not just LDS ones. Please read my responses carefully and craft an answer to all my questions and provide me with the documents I have requested.
 
You will notice I did not attack Chris and I answered his comments and questions, something I hope City Hall and those that work there take a lesson from.
 
 
 

Saturday, August 22, 2015

Utah League of Cities and Towns, Powers and Duties Handbook, eithics section

Here is a letter I sent to each member of the Lehi Development Review Committee.  Chris Condi, Lehi City Council asked that I publish this, so here it is.
You will notice, I have pulled information from the Utah League of Cities and Towns handbook.

For the record.  I was raised in a very small rural town in Southern Minnesota, not a LDS Church in site  I grew up Catholic, went to Catholic schools and while attending the U of Minnesota, began practicing more of a non denominational church routine.  Nineteen years ago I converted to the LDS Church.  So I have spent 19 years of my life as a Catholic, 19 years Christian, 19 years LDS.  I moved myself and my family to Utah to be closer to the Church and more LDS people. So, I am most certainly not anit-Mormon.  I am pro transparency, communication, speaking up when I see something wrong and asking questions of those who govern over us.  I hope no one suggest that I silence my voice or not speak up they believe their LDS beliefs are under attach.  For goodness sakes, don't attack me, answer my questions, don't ignore them and don't go silent.  Attack me all you like, but answer my questions - all of them. The role of a public official is to hear those they represent, not attack them, ignore and not answer their questions.  It appears City Hall is tired of me asking questions, easier to attack then to answer my questions.  Easier to attack then to do something about the issues I raise.  Easier to attack than to admit, there might be a problem.

So, this post goes out to Chris Condi.  I like Chris and value his input.  Feel free to answer every single question I have asked my blog post. Lastly, if I ask for information, why doesn't City Hall give it to me?


Hello Gentlemen,
As you are well aware, many residents that live near the Thanksgiving Point golf course oppose the controversial plans of the LDS Church/VCBO Architecture to demolish the driving range and replace it with a massive office building. As a member of the Development Review Committee, you are each instrumental in providing critical information to the Planning Commission. Therefore, I am requesting that each of you reveal your personal relationship with the LDS Church so that there are no questions regarding potential conflict of interest. Specifically, are you a member of the LDS Church, do you attend services on a regular basis, and do you hold a current temple recommend. Revealing this information is actually a requirement in the Ethics section of the Utah League of Cities and Towns, Powers and Duties Handbook (pages 43-47). It states:

1) There is a disclosure requirement of  the ethics law as well. Two types of disclosure may be required - written and oral. An officer or employee is required to make a disclosure in writing and file it with the mayor.
2) This written statement must be sworn and include certain minimal information about the conflict of interest.
3) The second required disclosure is oral and must be made in an open meeting to the members of the body of which he is a member immediately before the discussion about the topic involved in the conflict of interest. An appointed officer who is not a member of a public body or municipal employee must also disclose the information required to his or her immediate supervisor. 
If you have already filed a written statement with the mayor, as is required by point number one, I am requesting a copy. 
Second, I also request that any/all discussions you have regarding the proposed development by the LDS Church/VCBO Architecture be revealed publicly prior to each meeting in the interest of total transparency and openness, which is required by point number 3 above.

I look forward to a speedy reply so I can share it with our highly interested community of homeowners and citizens and the media, which is covering this story closely.

Thank you,

Bill Conley 
Lehi Resident
801 867 7227

Letter from God to me

As part of my life coaching training I was asked to write two letters, one, a letter from me to God and secondly, a letter from God to me.  Below is the letter I wrote from God to me.  I strongly encourage all to take a moment and do the same, write two letters, one to God and one from God. I think will be amazed at what you have to say to God and what God has to say to you. 

Dear Bill

Listen to me my son.  I have blessed you with many gifts and talents which I expect you to use for the greater good of my kingdom here on this earth.  I have sent you to this earth to be a beacon of love. 

You are a very special soul and one capable of bringing more love to the world. I have chosen you to do just this.

Don’t be afraid and don’t worry about the future, concentrate on loving people today. Focus on listening and validating others.

Give people the message of hope, love and encourage them to be better than they are today.

I expect big things from you. I expect you will use the gifts and talents I have given you to lead other people who are led astray by Satan.   

You can do this. 
  
Remember who you are.  
Live your life honestly and with truth.  Do not break the law and listen to those in authority. 

We have a special relationship Bill. Do not be deceived by others, what is most important is our relationship.  Listen to me and pray to me through your brother, Jesus Christ and listen to the promptings I give to you through the Holy Spirit.  I know you believe in me, Jesus and the Holy Spirit, I know you believe in prayer and I know that you have a strong testimony of truthfulness, make sure you aren’t distracted by Satan.  He is cunning and has a tendency to lead you astray, do not listen to his voice.  Listen for my voice of truth. I know you know how to recognize my voice.  Don’t listen to what others are saying, listen for my voice and act accordingly. You know what is right. There are others around you who profess the truth, don’t be fooled. 

You are amazing, gifted, talented, articulate, loving, kind, a great Father, a wonderful Husband, an awesome Friend and a leader. 

Know that you are loved, that you are cared for and that you are never forgotten. You are a joy to all who meet you. Others are blessed to know you.

Never believe that you are alone, this is not true. 
   
I will work with you to help you achieve that which I have set out for you. 

Continue to listen for guidance and instruction and follow the path I will set before you.

You are allowed to make mistakes. When you do, learn from them and move on remembering I have put you on earth to help others to come to know your brother Jesus by the love you share and show for them.   

Continue to be kind and vested in other people, this is not about you, this is about others feeling loved by you. 

I bless you my Son, I hear you, I am listening and I will always be at your side. There is still much more I have in store for you, trust the journey, live one day at a time, and don’t worry about the future. The future will take care of itself.  Focus and concentrate your efforts of love today. Moment by moment throughout the day, know that I am with you, beside you, guiding you and thank you for listening and your obedience.   

I know living on the Earth is hard at times; I will comfort you through difficult times, remember me always in good times and bad, I am there with you.

I bless you Bill, I love you, and you are awesome and amazing. 

You are my gift to the world.

Friday, August 21, 2015

Is your city enforcing its own codes, rules, regulations and ordinances upon itself?

In this era where we see big government ignoring the rules and laws they have created, I ask myself, on a local level, are our elected officials and city administrators doing the same thing? 
 
Do our city officials pick and choose which codes, rules, regulations and ordinances they observe and live to the letter of the law and are there others they simple choose to ignore, avoid or get in the way,  the answer is a resounding yes in my opinion.
 
Let me give you an example.  In the City of Lehi, chapter 28 of the resort community code in section 07.050 – Public Support REQUIREMENTS, it states, “The property owners (Thanksgiving Point area) shall therefore make certain allowances within the Resort Specific Zone for public facilities and public support operations as follows: A.  Fire/EMS Sub-station, B. Police Sub-station, C. Utility Transactions, D. Security Services.”  Has this happened, call and ask the city administrators if this has happened in the Thanksgiving Point Resort Community. To my knowledge, this has not happened.
 
In section 28.010 – Purpose and Intent, it states, F. Support public service entities such as the Police and Fire Departments by dedicating land or utilizing certain space within the Resort Community Zone at no cost to the City.  Again, call and ask city administrators if this has happened.
 
Section C reads, “Capture previously unreachable tax revenues by providing an incentive and attraction for business owners and retail operators from OUTSIDE THE STATE to locate in the new destination community of Lehi City.”  I don’t know if you looked recently, but many of the businesses located in the Thanksgiving Point area are local businesses. 
 
Chapter 2.14, Campaign Finance Disclosure REQUIREMENTS for Candidates, section 2.14.030 states, “Each candidate for elective offices shall file with the city recorder, date, signed and sworn financial reports which comply with this chapter.  The reports REQUIRED by this chapter shall be filled at least fourteen (14) days before BOTH the PRIMARY and GENERAL elections.”  Now this provision of the code seems quite clear, but the Lehi City Recorder and Attorney decided that the code did not apply.
 
So what do we do when a City, any City fails to enforce the code as it is written other than to bring it to the attention?  Is there an enforcement mechanism in place within the city’s to make sure they are adhering to their own codes, rules, regulations and ordinances as they are written? Are there any consequences imposed upon the City who fails to adhere to its own rules, regulations, codes and ordinances?  
 
I just don’t see how an average citizen can suggest to a city that they are not enforcing their own rules and have the city listen and do something about it.
 
My experience is that when you bring this to the attention of a City official that it falls on deaf ears, they just don’t want to hear about it.  But watch out when they want you to adhere to some code or ordinance they’ve established, this is where they level their very heavy hand.
 
I believe it is wrong for Cities or Towns to have a cafeteria type mentality when it comes to enforcing the rules, ordinances and regulations they have created.  They simply can’t pick and choose what they will enforce and what they will ignore, it just isn’t right, fair, honest or transparent. They either abide by them to the letter of the law as they expect us to do or allow us to skate on the ones we don’t like and let us get away with ignoring the rules, regulations and laws we don’t like without consequence. What is good for the goose is good for the gander. 
 
I am not at all suggesting we break the law, not follow the rules, regulations and ordinances as given to us by our cities and towns.  I am suggesting that they too abide and self-enforce and obey the rules, regulations, laws, ordinances and codes as they are written.  In fact, they should be held to a higher standard of adhering to the laws as they are written to set a good example to those they govern over. 
 
As citizens of a city or town, it is our duty, role and responsibility to hold those who have the keys to city governance accountable to uphold the rules and regulations as written.  It is our job and duty to advise them if they are operating outside the bounds of the rules and regulations they have set forth and request that they immediately make the necessary changes to come back into compliance. 
 
I highly recommend you make your voice heard at City Hall, if they don’t hear from you, they may not think there is a problem.  Study your City code that you are interested in and see if your City is adhering to its own code or if they need to come back into compliance.  A City doesn’t get to pick and choose which codes they enforce and those they choose to ignore, they need to enforce them all, let’s help them.

Family Search subdivision is it legal and was it created in secret?

There has been a lot of news coverage recently regarding the proposed destruction of the Thanksgiving Point driving range, replacing it with 2 massive commercial office buildings with enough parking for nearly 800 cars.
 

But did you know how the new Family Search subdivision came about? 
 

Typically a new subdivision within a city is discussed and approved by either/both a Planning Commission and/or the City Council. Other department heads may also get involved and provide their input such as a Development Review Committee (DRC).  
 

In the case of the Family Search plat (#14674)  recorded with Utah County, July 9th, 2015 at 3:36:01 pm, neither the Lehi City Council nor the Planning Commission had any input regarding the creation of a new subdivision that had just being carved out of the Thanksgiving Point golf course driving range. 
 
This 12 acre single lot subdivision was discussed on June 11th from 4:20 – 5:15 pm by 8 members of the Lehi Development Review Committee.  Also in attendance was Sean Onyon from VCBO Architecture.  These 9 men discussed the proposed architectural plans for 2 massive office buildings which would require the destruction of the Thanksgiving Point driving range.  The creation of the Family Search plat would be necessary to carry out The Church’s plans to destroy green space and driving range in order to build their massive office campus.
 

Here is where it gets interesting.
 
Typically, the City Council and/or the Planning Commission would get involved in the discussion and creation of a new subdivision within the City.  In this case, Todd Munger of the Public Works Department and Gary Smith, the Chief Building Official signed the documents creating the new Family Search plat on behalf of the Legislative body of The City of Lehi.
 

July 1, 2015 A Lehi City letter was sent to three residents of Thanksgiving Village to notify them of a proposed development in their vicinity. This was a courtesy notice sent to those homes that were within 300 feet of the proposed development.  The letter was dated July 1, 2015, mailed July 2, 2015 from VCBO Architecture, Salt Lake City not by Lehi City. I received the notice on July 7th. The notice referenced a Lehi Planning Commission meeting to discuss a proposed concept development by VCBO Architecture, not the LDS Church, scheduled for July 9, 2015.
 

On July 2, 2015 A Special Warranty Deed was signed by David Harkness, Beesmark Investments, LC, Manager.
 

“Consideration of $10 is given by the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints, a Utah corporation sole, whose address is 50 North Temple, Salt Lake City, Utah 84150, Attn: Director, Special Projects (Grantee). It is noted in the Special Warranty Deed that the “Grantee (The Church) will maintain a family search and discovery center in the building located closest to the southern border of the property consisting of at least 6,000 square feet and that is open to the general public. Grantee will also maintain sufficient parking on the property to service such center.”

Notice there is no mention of 2 x 120,000 square feet office buildings and parking for nearly 800 cars as proposed by VCBO Architecture, July 9th – Lehi Planning Commission meeting. They did say that the Ashton’s donated some of the land, did The Church really only pay $10 dollars for 12 acres of prime real estate? (Special warranty deed document number filed with Utah County, 61212:2015) I would love to see the purchase and sale agreement between The Church and the Ashton's, do you think they will ever make this information available to the public? Don't hold your breath.
 

A survey of the land was conducted and signed by Chad A. Paulsen on July 7th, 2015, a mere 2 days before the Family Search plat was recorded at the County.
 

July 9, 2015 The Family Search plat is created and recorded with Utah County at 3:36:01 pm.
 

July 9, 2015 a special warranty deed is recorded with Utah County at 4:09 pm, a mere 33 minutes after the Family Search plat is created with the Utah County.  Weren’t we told that The Church had purchased the property some time earlier than July 9th when it was recorded with the County? The Special Warranty deed was signed on July 2, 2015. Maybe this is what they were referring to.
 

July 9, 2015 The Lehi Planning Commission meets and is met with over 75 angry Thanksgiving Point residents. The proposed concept development is tabled until further notice.
 

But is the subdivision legal? 
 
According to Chapter 28 of the Lehi City Code for resort communities section 28.080, it states that the lots in a minor subdivision be divided by a metes and bounds document rather than a plat.  The City of Lehi recorded the Family Search subdivision as a plat and not by metes and bounds as required by the resort community code.  It also states that the Chief Building Official and Public Works Director are designated by the City Council as the officers having authority on behalf of the City Council, to approve and sign the final subdivision documents, but only if the subdivision does not require the construction of any public improvements.  There has already been several statements made by Church and City officials that there may need to be improvements made to the current roads and bridge that would access the new massive office campus.  If they knew this in advance, shouldn’t the subdivision have been brought before the Planning Commission and City Council and did the Public Works Director and Chief Building Official have the authority to approve and sign the final subdivision documents if there might need to be improvements made to current roads and the bridge?
 

It also should be noted that Todd Munger, the Public Works Director was not at the DRC meeting on June 11th, yet he signed off on the creation of the new subdivision. 
 

So, was the creation of the new Family Search plat created in secret? 
 
Let’s review, there was only one meeting discussing the creation of the new subdivision with 8 men from the Lehi DRC, one from VCBO Architecture and no one from the LDS Church. The Family Search plat should have been recorded using metes and bounds not as a plat as required by Lehi City code.  A question remains as to whether Todd Munger or Gary Smith had the authority to sign on behalf of the City Council. The Lehi City Council and Planning Commission had no input as is typically done in the creation of a subdivision.
 

For those of you who don’t know much about the creation of a subdivision, this is NOT typical or normal. 
 

So, I will let you be the judge, was there a rush to create the new Family Search subdivision and might it have been done in secret and lastly, is it legal?