By Sandra J. Mangelson
Times-News Correspondent
Tempers flared and voices were
raised at the Levan Town Council meeting on Sept. 20, 2000.
Two items took up most of the time and concern at the
meeting. They were: the theft of services charge against a
citizen and the use of the Town backhoe on private
property.
The council was asked to take a
vote to drop the charges against the citizen who was charged
with theft of services. Mayor Robinson explained that a vote
would not be taken because it was not an item they could
vote on. The Mayor was questioned repeatedly and admitted
the charges were brought at the request of the
Town.
The Mayor was then asked to
investigate those who were caught stealing water at the
park. The Mayor said that anytime people are taking water
from the park they need to get billed and they need to pay
their bills. The Mayor was asked the difference between
taking water at the park and the citizen who was criminally
charged with theft of services at the request of the Town. A
letter was promised to be written to the Attorney General if
the park water theft was not investigated.
Water was taken from the park
before the Town ever found out. The Mayor was told he was
leaving the Town wide open for a discrimination law suit by
letting those at the park take water and then prosecuting
the others.
The Mayor was asked if the
services were paid for by the citizen charged with theft of
services. The Mayor said the services were paid for but he
did not sign up for the services. It was argued that paying
for the services was signing up for the services.
The Mayor refused to take a vote
on the issue.
A request was made to rent the
Town backhoe. The Mayor said it was $40 per hour and you
have to have one of the Council or one of the operators
operate it. The Mayor was asked why he could use the backhoe
on his private property. The Mayor said he paid $40 to use
the backhoe.
The Mayor was asked if citizens
could operate the backhoe. The Mayor explained that the
Council and the Town employees are licensed and insured
through the Town to operate heavy equipment.
Mayor Robinson then said, "You
know it's sure a funny deal. Over the course of a two year
period, I donated $2,000 personal cash to the city park to
improve it and upgrade it and now I've used $40 worth of
backhoe service and it's an uprising in the
Town."
The Mayor was asked if he had
gotten permission to use the backhoe. "Who do I have to get
permission from?" the Mayor asked. The Mayor was told the
rest of the council should have been asked and it was a
matter of ethics. An elected official should not get any
special privileges that the man on the street could not
have.
The Mayor said he did not have
permission and he apologized for that.
The Mayor also stated, "It is
interesting, you know I work for Ash Grove Cement and there
is quite a bit of equipment that me as an employee can check
out and take home for the night and use and bring back the
next morning to be there for use." The Mayor was reminded
that Ash Grove was a private company and he had used public
equipment and that the tax payers of the community do not
have to fund what the mayor does to his private
property.
The Mayor said, "I contacted
Nephi City to see what their policy was. Their policy states
that if a service cannot be provided by some other
contractor in town, then Nephi City can be contracted and do
it for individuals. They have set trusses on homes and other
things for individuals when that service was not available.
The city employees run it and charge them a
rate."
Attendees at the meeting wanted
to know if when they needed some "ditch witching" done they
could come to the town and talk to them and they could come
and do it for the citizens. Rod Wankier said, "We can't do
that. We'll have contractors that will be freaking out. We
can't do that or we'll get sued."
When asked if a citizen could
make a legal contract with the town employees to dig a
trench etc. the Mayor said, "A municipality cannot, and
should not run unfair competition to business." Wankier
again said, "We cannot rent our equipment out." It was
stated that the Town equipment cannot be used on private
property, but it was.
A lengthy and heated discussion
followed with citizens pressing again to have a motion
brought before the council to have charges dropped in the
theft of services charge. This issue is tearing the Town
apart, and people were taking sides. The Mayor was asked
what the difference was between the citizen charged and what
the Mayor had done.
Wankier said that he had
contacted the Town's lawyer and was told the charges could
not be dropped, but he contacted another lawyer who said the
charges could be dropped if the Town wanted them dropped.
This was brought to the Mayor but he said we are not the
jury we are not the judge. But Wankier wanted to know why
the Mayor can set what the fine is but we can't drop the
charges? The Mayor said that because the cost of prosecution
he asked for a higher fine to cover some of that.
Heber Taylor said, "The thing
that is happening here tonight is an example of what is
happening all over town because of this thing that is really
not too serious a problem. People are taking sides, nobody
is going to win no matter how this case goes. Everybody is
going to lose."
The Mayor said he was probably
going to turn himself in to the Sheriff and have him check
this whole thing out. "About six months ago there was a
promise that there would be a letter out calling for my
resignation. I wish that thing would come to my house so I
could sign it. I would be the first one to sign it and my
wife would be the second."
The wording of a motion could
never be agreed upon. An Executive session was called to
discuss the charges.
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