Proposed Ash Dump in Koosharem Challenged

The Sevier County Commission held a public hearing December 15 to hear a formal appeal against a conditional use permit tenatively issued for a coal ash dump near Koosharem.  Approval for a dump for ash for a proposed coal-fired power plant had been requested by NEVCO/Sevier Power and was recently approved by members of the Sevier County Planning Commission.  Video of the meeting is available on Local10 television, and is now available below.

Members of Sevier Citizens for Clean Air and Water, spoke for 30 minutes during the appeal with no public comment allowed.

Dick Cumiskey described the extreme hazards posed by locating a hazardous waste dump in the proposed area, which has water flow through and directly underneath the property, which supplies Koosharem, Salina, and other areas downstream with culinary and irrigation water.  Tighter air pollution controls have resulted in more contaminants, such as mercury, arsenic and radiation, being stored “forever” in such ash dumps.  Over time, coal ash dumps are known to have polluted ground waters and flowing streams in numerous areas around the country, sowing disease and death among nearby residents and ultimately rendering those areas desolate.

Jim Kennon, a resident of Koosharem, challenged the Planning Commission’s permit on several legal fronts, including that laws state a permit applicant must show “proof of ownership” of the property in question.  Local legal experts agree that the “proof of ownership” issue is based upon whether the buyer can essentially force their ownership of the property regardless of any extenuating circumstance.

NEVCO/Sevier Power/TDA Foundation does not own the land where the ash dump is proposed. Ideal Living Media has obtained a copy of the 3-page, option-to-buy agreement, which may be downloaded here (in pdf format).  The option agreement is for $2000, and requires NEVCO to purchase the 118 acres of land outright from seller, Morris Parsons, before July 10, 2009, or the agreement is dissolved.  It is unclear whether the option agreement meets the legal definition of ownership.

After Sevier Citizens’ presentation, Fred Finlinson, attorney for NEVCO, spoke for a few minutes.  He did not appear to directly argue with any of the issues raised by Cumiskey and Kennon.  Instead, he stated repeatedly that the Planning Commission had given their approval, and that a state permit was required of them, and summed up asking the Commission for their approval.

In response, James Kennon said, “Typical of Sevier Power.  They don’t want to follow the regulations.  To quote Rod Clark, ‘This is the way we did it back at I.P.P.’”

A representative of Koosharem Irrigation Company, Clayton Bagley, was also present and complained that the group — which owns the waters now flowing through the property — had not been contacted in any way to alert them about the proposed use.  A report on the site prepared by Jones & DeMille said it would be “very difficult” to re-route their waters around the proposed dump, as required by law, and that polluted waters flowing through the property would have to be stored indefinitely on site.

Despite the recent passage of Proposition 1 — which requires coal-fired power plants to be approved by voters — NEVCO principal Rod Clark has recently insisted that their right to build the plant near Sigurd was already “vested” to them when a planned-unit development overlay for the area the project was issued.   In law, vesting is to give a secured right of present or future enjoyment, which is fixed, absolute, and without contingency.  Many locals seem to believe that a PUD overlay does not allow an applicant full and undisputed right to move forward in a construction project, of any size, since they typically require multiple governmental approvals.

NEVCO is trying to invoke the “rip cord” law which requires local government bodies to not stall building requests indefinitely.  However since the law does not require officials to give approval for such projects some experts believe this tactic could result in a “no” vote from county commissioners.  The meeting marked the last commission meeting for Ralph Okerlund, who has been thought to be an ardent supporter of the controversial plant, who will be replaced by Gordon Topham.  Topham has said he has concerns about the location of the proposed plant.

Some observers believe that at this point that NEVCO investors are simply posturing in advance of law suits they are said to be filing against Sevier County in order to recoup some of their costs over the failed project.  Meanwhile opposition from local citizens is growing against the tentative hazardous waste dump project.

Meanwhile, Sevier County officials are retaining additional lawyers and other experts to help them review whether they have followed state and local laws in regards to NEVCO’s application to build a coal-fired power plant in Sigurd.

Fun (and free) downloadable games

Here are some great computer games — all available for free download — recommended by Computer Shopper for older kids just in time for Christmas vacation:

TrackMania Nations Forever - TrackMania Nations Forever lets you drive at mind-blowing speeds on fun and spectacular tracks in solo and multiplayer modes. Nations Forever offer s a new “Forever” version of the Stadium environment, a solid solo mode and 65 brand new, progressively difficult tracks. TrackMania Nations Forever unite players with engaging multiplayer modes, innovative online functions and interactivity between players.

Rails - In this game you build a railroad system and earn money by delivering cargo between cities. The goal is to be the first to connect to the major cities (at least all but one) and collect €250.

Rumble Box: Tournament Edition - Rumble Box is a fast paced 3D action beat-em-up with a unique premise: all of the characters are made of simple objects which stay around in the level even after the character is defeated. The objects pile up, changing the gameplay landscape and altering your combat tactics. The game takes place inside a giant box, and the ultimate goal of the game is to pile up enough defeated enemies to get out of the box.

War Rock - War Rock is a tactical, modern FPS (first-person shooter) exploding with intense, fast-paced combat. Armed with the world’s deadliest weapons and controlling the most lethal vehicles, players attack three story-driven, killer game play modes in the air, on the land and over the sea. The game is free to download and Free2Play so players can get right into pwning other players from around the world.

Sauerbraten - Sauerbraten (a.k.a. Cube 2) is another free multiplayer/singleplayer first person shooter, created as a free, open source project.  

Synaesthete - Synaesthete creates a harmony between player actions and in-game music, in a way that each influences the other. The rhythm and flow of the music is expressed in every detail of the game, so that the visual and audio are not two experiences, but one.

Richfield starting Neighborhood Watch Program

Crime often seems to increase around the holidays.  To prevent that, a new neighborhood watch program is being set up throughout the Richfield area.  

The Neighborhood Watch program trains and supports volunteer local residents in preventing crime by organizing telephone trees and helping them to recognize and stop potential crime — before it happens.

Richfield Police Chief John Evans says that the area had a robust neighborhood watch program in the 1970s, which the police department would like to re-invigorate and grow.  ”As times are getting tough [crime] is only going to get worse…  It’s not like it used to be.  People need to be locking their doors.”

Chief Evans suggested residents check CrimeReports.com to check out recent criminal activity in their area.  On the site, citizens can type in the name and state of their communities, and see a map with flags marking recent crimes committed in the area, and can adjust the site by date, time frame, type of crime, and more.  The number of thefts, burglaries, and sexually-related crimes are sobering.

An orientation meeting was recently held to help inform and take volunteers for the new program.  All local residents are encouraged to participate.  To learn more, contact Grace McAllister, the Volunteer Connection coordinator for the program in the Sevier County Administration Building or by calling (435) 893-0737.

Upcoming meetings will help to organize and provide free training for residents on how they can help keep their homes and communities safer.  You may view video of the first orientation meeting below:

Cinnamon Wreaths

Prep: 30 minutes 
Chill: 1 hour 
Bake: 10 minutes per batch 
Cool: 2 minutes 
Stand: 2 minutes 

Tinkertoy Christmas Tree

This Tinkertoy tree is fun and can easily be assembled by adults and children alike.

What You Need:

- One container of Tinkertoys

- Foil

- Small pot, crock, or mug

Instructions

1. Create the tree by placing eight equal-size rods in a wheel.

2. Assemble the rows of branches in graduating sizes; then put the tree together by placing a center rod between each horizontal layer of branches.

3. Build the tree from bottom to top, starting with the larger rods and working to the top small rods.

4. Place the base of the tree in a small pot, crock, or mug.

5. Add a foil star at the top and slide a few small baubles onto the branches.

Public hearing on Hazardous Waste Dump: Sevier County Commission Agenda: 12-15-08

County Commissioners
Subject: Other
Meeting Title: Sevier County Commission
Meeting Date & Time: Mon Dec 15 09:00:00 MST 2008 – Mon Dec 15 15:00:00 MST 2008
Description/Agenda: SEVIER COUNTY COMMISSION
DECEMBER 15, 2008 AGENDA

9:00 AM          Correspondence & Business; Pledge of Allegiance
Set time and date for closed meeting to discuss pending or reasonably imminent litigation, or to discuss the character, professional competence, physical/mental health of an individual        40 Min
9:40 AM          Travel Council Recommendations  5 Min
9:45 AM          Surplus Property        5 Min
9:50 AM          Mark Rickenbach – Road Equipment        10 Min
10:00 AM        Claims  50 Min
10:50 AM        USU Cooperative Agreement       10 Min
11:00 AM        Public Hearing:  2008 Budget Opening    15 Min
11:15 AM        Kent Nielsen – County Ordinance regarding electronically stored information     15 Min
11:30 AM        Woody Farnsworth, Richfield City – Tax abatement on parcel 1-12-11      15 Min

LUNCH

1:00 PM          Budget Hearing:  2009 Budget    15 Min
1:15 PM          Public Hearing:  Consideration of ordinance amending Subdivision Ordinance providing restrictions to remainder parcels  15 Min
1:30 PM          Darin Robinson – Salina Creek Project Bid Approval      15 Min
1:45 PM          Sevier Power Company – Ripcord Agreement        15 Min
2:00 PM          Consideration of Appeal from Sevier Citizens for Clean Air and Water with regards to Conditional Use Permit approved for Sevier Power Company’s ash disposal site       1 Hr

**Commission Meeting will be held in the Commission Chambers of the Sevier County Administration Building, 250 North Main, Richfield.

Notice of Special Accomodations: NA
Notice of Electronic or telephone participation: NA

Other information:

Meeting Location: 250 North Main, Richfield, 84701

Richfield City Planning Commission Agenda: Dec 10, 2008

Planning Commission
Subject: Public Meetings
Meeting Title: Planning Commission
Meeting Date & Time: Wed Dec 10 19:00:00 MST 2008 – Wed Dec 10 21:00:00 MST 2008
Description/Agenda: NOTICE OF MEETING OF THE PLANNING COMMISSION
OF THE CITY OF RICHFIELD CITY
SEVIER COUNTY, UTAH

PUBLIC NOTICE IS HEREBY GIVEN that the Planning Commission of Richfield City, Sevier County, Utah, will hold a meeting on Wednesday, December 10, 2008, at the Richfield City Center, Richfield, Utah, commencing at 7:00 p.m.

The agenda for the meeting is as follows:  (NOTE:  The agenda may be accelerated or the line items may be discussed in any order.)

1.  Roll Call.

2.  Approval of minutes for the meeting of
November 5, 2008.

3.  Public Hearings:
a.  Receive comments concerning Ellen
Blackburn’s request to subdivide the
property located at 275 North 300 East
and 297 North 300 East (lot split).
b.  Receive comments concerning the
possibility of amending the Richfield
City Zoning Code to include a definition
for body piercing establishments and
determine in which zones to allow such
use.

4.  Consider recommending approval of Ellen
Blackburn’s Subdivision Request.

5.  Dennis Jorgensen to discuss use of room
addition.

6.  Consider recommending an amendment to the
Zoning Code providing a definition for body
piercing establishments and determine in which
zones to allow such use.

7.  Morris Parsons to discuss Fed Ex parking area
to be located in the Industrial Park (old
Industrial Park).

8.  Review plans for addition to Steve Regan
Company at 789 East300 North.

9.  Chapter 19 – Off-street Parking and Loading:
a.  Discuss amending the Zoning Code, Chapter
19 – Off-street Parking and Loading.
Discussion will be to determine how many
parking spaces should be required for
State-governed developments where housing
can never be anything other than family
housing.

b.  The current Code states two parking spaces
are required for single family dwelling,
2-family, 3-plex, or 4-plex, and
condominium dwellings.  Consider changing
the Code to specify that the requirement
is for two parking spaces per dwelling
unit.

10. Review plans for Mt. Catherine Apartments to
be located at the northwest corner of 530
South College Ave.

11. Consider lighting plan as provided by Fed Ex
for property to be developed in the new
Richfield Commercial Park.

CERTIFICATE OF POSTING, FAXING, AND MAILING
The undersigned Deputy Recorder for the municipality of Richfield City certifies that a copy of the foregoing Notice of Meeting was posted at the Richfield City Office, on Richfield City’s web site richfieldcity.com, faxed to The Richfield Reaper at (435) 896-8123, and mailed to each member of the governing body on the 5th of December,  2008.

/s/ Michelle Curtis
Deputy City Recorder

Notice of Special Accomodations: THE PUBLIC IS INVITED TO PARTICIPATE IN ALL
RICHFIELD CITY PLANNING COMMISSION MEETINGS.
If you need a special accommodation to participate in the City Planning Commission Meetings, please notify Michelle Curtis, Deputy Recorder, (435) 896-6439, at least 3 working days prior to the meeting.

Notice of Electronic or telephone participation: NA

Other information:

Meeting Location: 75 E Center, Richfield, 84701

Sheriff’s Report: PI Crash, 12-08-2008

INCIDENT: 100800804  PI Crash

LOCATION: I-70 Mile Post 39

DATE: 12-08-2008

TIME:  2130

DETAILS:  The vehicle was traveling eastbound I-70,  The vehicle crossed an ice covered bridge.  The vehicle went off the right shoulder and rolled 1.5 times.   Three Passengers were ejected out of the vehicle. All four occupants were transported to Sevier Valley Hospital.

Driver:  Brian Jordan, 20 of Loa  seat belt used

Vehicle:  1999 ford Ranger

Passenger:  Amanda Wallace  18 of Monroe  no restraint

Passenger: Tawnee Cary  16 of Logan   Shoulder belt only

Passenger: Boew Cary  1  of Logan  Seatbelt used

Richfield City Council: Agenda 12-9-2008

City Council
Subject: Business
Meeting Title: Council Meeting
Meeting Date & Time: Tue Dec 09 19:00:00 MST 2008 – Wed Dec 10 09:51:00 MST 2008
Description/Agenda: NOTICE OF CITY COUNCIL MEETING OF THE CITY COUNCIL
OF THE CITY OF RICHFIELD
SEVIER COUNTY, UTAH

Pursuant to ’52-4-6(2), UCA, notice is hereby given that the City Council of Richfield City, Sevier County, Utah, will hold a regular council meeting on Tuesday, December 9, 2008 in the Council Chambers, Richfield City Center, 75 East Center Street, commencing at 7:00 p.m.  The agenda shall be as follows:     (The agenda may be accelerated or line items may be discussed in any order.)

1.      CALL TO ORDER
2.      OPENING REMARKS
3.      PLEDGE OF ALLEGIANCE by invitation
4.      ROLL CALL
5.      MINUTES APPROVED –  Nov 12, 2008
6.      EXPENDITURES APPROVED – Cash Disbursement Journal for Oct & Nov 2008 Warrant Register for Nov 2008
7.      BUSINESS
a.      7:10 p.m. Public hearing to receive comments with respect to the issuance of the Bonds and any potential economic impact that the Project financed in whole or in part with the proceeds of the Bonds may have on the private sector.
b.      7:10 p.m. Public hearing to receive comments concerning a proposed amendment to the Zoning Code changing required side yards in the R1-6 and R1-8 zones to 8 feet for all uses in those zones.
c.      7:10 p.m. Public hearing to receive comments concerning a proposed amendment to the Zoning Code as it pertains to setbacks for corners lots in commercial zones.
d.      7:10 p.m. Public hearing to receive comments on revisions to Chapter 20 (Signs) of the Richfield City Zoning Ordinance.
e.      Consider approving $1,280 to sponsor Miss Richfield’s Adopt a Grandparent platform.
f.      Consider approving the location of a donated nativity on the City Park as requested by the Right to Vote Committee.
g.      Consider action to be taken on property owned by Chad Nordgren for clean up under the property maintenance ordinance as discussed by Charles Billingsley.
h.      Consider abating uncollectible utility accounts in the amount of 572.15 as discussed by Mike Langston.
i.      Consider adopting Resolution 2008-14 increasing residential sewer base rate from $22.00 to $26.00 monthly.
j.      Mike Langston to give a status report on the budget for 2008/09.
k.      Consider approving an option agreement for the purchase of property as presented by Kimball Poulson.
8.      OTHER BUSINESS
9.      ADJOURNMENT

Notice of Special Accomodations: THE PUBLIC IS INVITED TO PARTICIPATE IN ALL CITY COUNCIL MEETINGS.  If you need a special accommodation to participate in the City Council Meetings, please notify Michele Jolley, City Recorder, (435) 896-6439, at least 3 working days prior to the meeting.
Notice of Electronic or telephone participation: NA

Other information:

Meeting Location: 75 East Center, Richfield, 84701

Sheriff’s Report: SINGLE VEHICLE ROLLOVER, 12-5-08

INCIDENT: SINGLE VEHICLE ROLLOVER

LOCATION: SR-89 MP 229

DATE:12-05-08

TIME:1100 HOURS

DETAILS: A VEHICLE WAS TRAVELING SOUTH ON SR-89 JUST NORTH OF SALINA WHEN IT CROSSED THE CENTER LINE. AFTER OVERCORRECTING TWICE THE VEHICLE WENT OFF THE ROAD TO THE LEFT AND OVERTURNED. NO INJURIES WERE REPORTED.

DRIVER: WILLFRIDO ABARCA 21 CENTERFIELD, UT SEATBELT USED

PASSENGER: JORGE REYES 37 CENTERIELD, UT SEATBELT USED

VEHICLE:1996 NISSAN PATHFINDER