By Myrna Trauntvein
Times-News Correspondent
Yes, the boy's home can be built in Mona after all.
Mayor Bryce Lynn had, originally, the opinion that there
were no business licenses allowed in R-1, except for those
which were termed "small non-impact home businesses."
That is true. However, a boy's home is considered the
same as a residence or a school and is an allowed use in a
residential zone. Under state statute, it is not considered
a business at all.
"We settled out of court," said Cory Squire, council
member.
When David Starling, representing the boy's home,
attended Mona City Council meeting in November to get a
business license he was turned down.
"It doesn't qualify," said Lynn at the time. "In my way
of thinking, it's not going to happen."
Lynn said, that at a previous meeting, the attorney for
the boy's home had threatened the city with a law suit if
they failed to allow the home, which Lynn thought of as a
business.
Madolyn Liebing, operator of the proposed home, made good
on that threat and filed a lawsuit against the city.
Following receipt of the notice of that suit, Mona Council
held an executive session of council meeting to discuss the
threat.
"Our lawyer offered his advice," said Cory Squire,
council member. "We agreed to follow that advice."
Phil Lowry, city attorney, counseled the city that a
business license was not needed for the boy's home. Rather
the home only needed local approval in the form of an
occupancy permit.
His advice was heeded by the city council who offered
little discussion about what had happened behind closed
doors except to say that the boy's home could open and
operate in Mona.
The occupancy permit, required by the state in order for
Liebing to operate the home, was granted.
Neither Liebing nor Starling were present at the council
meeting held on Tuesday though Liebing's name was on the
agenda.
"We took care of that item in executive session," said
Lynn.
Nothing can be officially approved at a closed meeting
though consensus of opinion can be reached. After
discussion, decisions requiring a vote must be voted on in
public.
"No closed meeting is allowed except as to matters
exempted under Section 52-4-5; provided, no ordinance,
resolution, rule, regulation, contract, or appointment shall
be approved at a closed meeting," reads the act.
Under terms of the so-called "Sunshine Law," Utah's Open
and Public Meetings Act, discussions about pending
litigation may be discussed in executive session.
A closed meeting may be held upon the affirmative vote of
two-thirds of the members of the public body present at an
open meeting for which notice is given pursuant to Section
52-4-6; provided, a quorum is present.
"The reason or reasons for holding a closed meeting and
the vote, either for or against the proposition to hold such
a meeting, cast by each member by name shall be entered on
the minutes of the meeting," reads the Act.
"A closed meeting may be held pursuant to Section 52-4-4
for any of the following purposes:
"(i) discussion of the character, professional
competence, or physical or mental health of an
individual;
"(ii) strategy sessions to discuss collective
bargaining;
"(iii) strategy sessions to discuss pending or reasonably
imminent litigation; or
"(iv) strategy sessions to discuss the purchase,
exchange, or lease of real property when public discussion
of the transaction would disclose the appraisal or estimated
value of the property under consideration or prevent the
public body from completing the transaction on the best
possible terms;
"(v) strategy sessions to discuss the sale of real
property when:
(A) public discussion of the transaction would disclose
the appraisal or estimated value of the property under
consideration or prevent the public body from completing the
transaction on the best possible terms;
(B) the public body had previously given public notice
that the property would be offered for sale; and
(C) the terms of the sale are publicly disclosed before
the public body approves the sale;
"(vi) discussion regarding deployment of security
personnel, devices, or systems; and
"(vii) investigative proceedings regarding allegations of
criminal misconduct.
(b) A public body may not interview a person applying to
fill an elected position in a closed meeting.
(c) Nothing in this section may be construed to require
any public body to approve the purchase, sale, exchange, or
lease of real property if that public body is not required
to approve the purchase, sale, exchange, or lease of real
property under other laws."
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