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  • Make-up of fire district board appointees raise questions and tempers at meeting


By Myrna Trauntvein
Times-News Correspondent

Tempers flared slightly when Juab County Commissioners conducted a meeting to appoint a board for the special service district created to provide fire protection in Juab County.

Commissioners and fire district board members met following the hearing and ratified the budget for the fire district and agreed, since the board currently serving was only temporary, to cover the appointment of a permanent board by commission action.

In November, voters approved the fire district and gave permission to the commission to raise property taxes in order to fund the district by a three to one vote in favor.

It was the make-up of the board that had tempers high at the Thursday evening public hearing. The 11-member board is comprised of one member from each community, and from three to seven members at large.

Three of the board members will be county commissioners at the discretion of the commissioners.

Chad Brough, Nephi City Mayor, brought the problem to a head when he asked why the board had to be set up the way it was proposed.

"I sit on the UMPA (Utah Municipal Power Association) board and we have a six member board. We also have a technical committee which provide help for the board when there are concerns&emdash;legal advice, technical advice."

Board members serving at present are Chelom Leavitt, attorney; Neil Cook, Nephi; Jim Maxwell, Nephi; Brett Ostler, Nephi fire chief; Eugene Poulsen, Eureka fire chief; Bruce Rowley, Levan fire chief; Kendall West, Rocky Ridge fire chief; and John Sutherland, Mona fire chief. Sutherland was the only member of the board not present at the meeting.

The board is designed for a county special service district along strict guidelines set by the state, said David Leavitt, county attorney. The board had to have no more than one member per community and had to have other members appointed from the area in general.

In this instance, more members do come from Nephi. However, said Robert Steele, commissioner, that was fair.

Rocky Ridge has a population of 298, Levan a population of 595, Eureka a population of 670, Mona a population of 952, and Nephi City a population of 4,635.

Basing board make-up on population would result in each of the communities having one representative from each community except for Nephi. That community would qualify for six members.

"We don't even have a representative for the West Desert communities except for the commission," said Steele. Of course, the commission should represent the smaller communities of the county, he said.

"No one ought to impugn the impartiality of a board that has never acted," said Leavitt. "The board has no track record and it is unfair of anyone to denigrate the competence of the board until such time as they do establish a track record."

No one, to date, had received any money for serving on the board. In the future no one would receive any recompense for serving on the board. It was a volunteer board, as were most boards.

At present the board is not a permanently-appointed organization. It was designed to act until the permanent board could be appointed. Nevertheless, there will be 11 members when the final board is approved.

The board was needed to draw up a budget and to begin the process of getting the fire district underway. Until the budget process is completed, no loans nor grants can be applied for. First, before a tax can be legally levied, the board must determine just how large a budget will be needed to bring in the necessary funds. Only when the tax is established can the board pledge funds (such as matching funds) to obtain grants.

"We were working under time constraints," said Wm. Boyd Howarth, commission chair. "We need to have a budget designed by the first of January but will not get funds until the end of 2001."

Brough said at heart of the budget issue were the salaries proposed for the secretary/treasurer and for the legal counsel.

"Are you (David Leavitt) being paid for the work you are doing to set up the fire district?" asked Brough.

"I am volunteering my time for this as I have done for the last three years. I have received no recompense for my service, and frankly, it is offensive for you to suggest that I might be taking money under the table," said Leavitt. "I am not here for my personal gain."

As for the rumor that his friends were ending up as members of the board, it was true that one of his friends and his wife were on the board. They were not there, he said, because of the relationship they had with him (Leavitt).

"Neil Cook is a friend of mine, but David Leavitt did not appoint the board," he said. "Neil (Cook) has good credentials and has sat on an important state board for 10 years. Chelom (Leavitt) is my best friend and my wife. She is a member of the bar, is an attorney and was wanted for that reason."

Brough said there were also concerns about Mike Seely, county administrator, receiving money for the work he had done to set up the board and work on the budget.

If the work was done during county time, he said, then the county shouldn't be paying Seely more money. If it wasn't being paid for on his salary, and he was receiving extra money, then the job should be put out for competitive bid.

He did think Seely was highly capable and was not questioning him on the grounds of competence, said Brough.

"It is one thing to take your hat off to him with one hand and quite another to punch him with the other hand at the same time," said Leavitt. "I'm not certain Mike Seely will want anything to do with the job after this."

Seely said he would like to respond. "I had accumulated 120 hours in comp time in 1999," said Seely. "I used my comp time to help sell and put together the fire district."

In addition, he had put together an application for a financial package from the Community Impact Board (CIB). A request was made for a 30 percent low interest loan and a 70 percent grant to fund the fire district and help get it off the ground.

Tax money will begin to flow after tax collections in 2001.

He had made it clear from the beginning, Seely said, that he did not want the fire district job on a permanent basis. He had quite enough work to do in his day job.

"The only vested interest I have is that the fire district will make life safer for my family," said Seely.

In the future, there was much work to be done. When the money began to come into the coffers of the district, someone would need to manage and keep track of it.

"It will take 60 and 70 hour work weeks to get the fire district fully operational," said Seely. "I don't need another full time job."

Steele said, while the subject of money was being discussed, that it should be noted that the commission had not raised taxes. The three commissioners had promised to not raise taxes and they had not. The budget for the county was actually reduced by $26,000.

"One thing all of you need to know," said Joseph Bernini, commissioner, "is that the commission is weighted in favor of the whole county. We are here to serve and are in favor of everyone getting a fair shake from the fire district."