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
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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

 

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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

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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.

   

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.