New SB53 attacks Right to Vote Committee motion

The “Right to Vote Committee” has been seeking to recover their attorney fees from their successful fight to declare SB53 unconstitutional.  A new bill, also called SB53, would prevent that.  In response, the Right to Vote Committee has issued the following press release:

February 23, 2009

Subject: Request for a public hearing on SB53 in House Committee

FROM: Right to Vote Committee – Salina Office Sevier County

As the sponsors and organizers of the initiative law Proposition One that was approved and adopted by the voters of Sevier County November 2008, we are asking the House Committee to conduct a public hearing on SB53 and asking citizens to contact their state legislators and ask them to vote NO on the new SB53.

The new SB53 reads:

“The courts shall not have authority to award attorney fees under the Private Attorney General Doctrine.”

Under Article Five of the Utah Constitution this bill is held to be unconstitutional.

If this bill passes it would discourage citizen led initiatives if the people are no longer allowed to recover attorney fees [from government or private entities] when forced to appeal to the courts to overturn unconstitutional laws passed by our state legislators or other government bodies. Everyone, even governments, need to be responsible and accountable.

If this bill passes, it could affect our own motion we filed in November for the awarding of our attorney fees ($35,000) from Sevier Power Company which the court is sitting on.

While our interest is for the public at large, we also are concerned that this bill is targeting our organization’s recovery of attorney fees from the power plant developer who used an unconstitutional law – the old SB53 – to remove us from the ballot. [We appealed and the Utah Supreme Court declared SB53 unconstitutional.]

We urge all citizens to ask their representatives and senators to vote NO on this new SB53 and protect our right to vote and our right to sue for recovery of attorney fees.

It is no secret, as reported in the news, that Sevier County supported the development of the power plant. The Right to Vote Committee worked hard to put this issue on the ballot and as a result Proposition 1 was passed by the voters establishing the right for a Yes or No vote on the power plant.

While we have been discouraged every step of the way this past year, by our own Sevier County officials who did attempt to keep us off the ballot by stonewalling our filings to cause us to nearly miss appointed deadlines, it seems the Utah Association of Counties [of which Sevier County is a member] now wants to get rid of the PAG Doctrine.

The UAC has tapped Sen. Steve Urquhart to sponsor the new SB53 and it may be voted on the senate floor as soon as Wednesday.

If it passes the Senate, then SB53 will move onto the House Judiciary Committee where we hope to have a public hearing on the new SB53 so we may speak on this bill and either amend it or kill it. We have requested that a hearing be scheduled on the new SB53.

Besides our committee, attorneys and law professors have also spoken out against the new SB53.

For more information please contact:

Right to Vote Committee Chairman Elaine Bonavita

Office Phone: (435) 529-2185

In addition, the group also has sent out the following announcement to its members:

Please contact state legislators and ask them to vote NO on SB53 which is scheduled to be voted on in the Senate Wednesday February 25^th. From there it will move onto the House Judiciary Committee where we hope the bill will be killed.

SB53 reads: The courts shall not have authority to award attorney fees under the Private Attorney General Doctrine.

If this bill passes it will discourage anymore citizen led initiatives like Proposition One and will not allow any successful parties in lawsuits involving government or private entities to recover attorney fees spent in defending unconstitutional laws as we did with Proposition One and the old SB53.

Take action today and Please send a letter by FAX to your State Representatives and Senators and simply ask them to Vote NO on SB53 because this bill is held to be unconstitutional under Article Five of the Utah Constitution and you want to keep your right to recover attorney fees.

HOUSE FAX Number

for State Representative Kay Mc Iff … (801) 326-1544SENATE FAX Number

for State Senator Ralph Overland …(801) 326-1475You may send a faxed letter to any other legislators you know at the above fax numbers as these numbers are the same for all state reps and senators.

You must sign the letter and provide your name, address and phone number and good to give your district if you know it.

Thank you for helping to stop this unconstitutional bill.
For more information please call Elaine at (435) 529-2185 office phone
 

EPA decision may mean end of new coal-fired power plants

The Obama administration’s new head of the Environmental Protection Agency has issued an announcement of their intent to overturn a Bush-era policy that allowed coal-fired power plants to be approved without any mechanism to control such plant’s enormous carbon dioxide emissions.  

The decision from Lisa Jackson, the new E.P.A. administrator, signals that — after a 5-6 month public comment period — the EPA may rule that all future coal-fired power plants must capture or make huge reductions in carbon dioxide emissions.  Scientists across the globe agree that carbon dioxide is a chief contributor to global warming, which they believe could undermine society if left uncorrected.

Since such technology does not currently exist, the EPA’s upcoming decision would likely place a de facto moratorium on any new coal-fired power plant construction.  The moratorium could then be in effect until the technology is invented — and found cost effective — which many experts agree is an increasingly unlikely scenario.

In the meantime, the decision is likely to send a strong message to already-troubled financial markets to not finance any future coal plant construction.  

The announcement is likely to be another blow to the plans of NEVCO/Sevier Power, which intends to build a coal-fired power plant near 180 homes in Sigurd.  NEVCO has publicly stated that they did not have financing for the controversial project.  

A recent string of such policy changes by the incoming administration has already caused several coal-plant projects to be cancelled.  

It is unknown what, if any, effect the decision will have on local coal-mining operations.

Free prescription discounts available to all county residents

Sevier County, with assistance from the National Association of Counties, is now offering free prescription discount cards to all county residents.  The discount cards promise an average of 20% off, depending on the particular medications, and are accepted at all local pharmacies.  

The cards cannot be used in conjunction with insurance policies, but may save more on some medications over regular insurance, and may then be used instead of insurance for those purchases.

The cards may be picked up — without filling out an application — at the Central Utah Public Health Department in Richfield (70 Westview Dr., next to the EMT ambulance building just west of north Main Street).

An example of the discount cards may be viewed below.

Congress extends digital TV deadline until June

On February 4, Congress voted to allow citizens another four months to prepare for the transition from analog to digital television broadcasting.  There were serious concerns that the transition had been bungled by the Bush Administration, with inadequate consumer outreach and not enough funding for digital receiver coupons.  

An estimated six and a half million U.S. citizens are not ready for the transition, which will make analog TV sets no longer work with rabbit ears or rooftop antennas — particularly in rural areas like Sevier County.  

Local citizens who have been buying digital televisions, or converter boxes for older analog tv sets, have been complaining about finding little or no digital television reception throughout the area.  Unlike most counties, Sevier County government relays television signals throughout the area, recently receiving a $3 million grant to help make the digital transition.  

Although digital TV broadcasts are said to be ten times stronger than analog, at this time, some say they only get KUED’s digital broadcast stations.  However, KUED’s digital signals are said to be managed by KUED itself — not by Sevier County officials.  Digital TV sets have been installed at the Sevier County Administration Building, showcasing KUED’s broadcasts.

Locals who subscribe to local cable television from CentraCom cable, or from satellite providers, will continue to receive television broadcasts without interruption — before, during, and after the June 12 deadline. 

CodeRed program needs your phone numbers to alert you in an emergency

County and city governments are supporting a new program to quickly call residents and alert them in the event of an emergency.  The new system allows the authorities to contact residents in moments with pre-recorded phone calls to announce impending danger, evacuations, etc.  

However, the system needs to know your (home, mobile and/or work) phone numbers — and where your (or your loved one’s) home is at.

The system is entirely confidential (is handled by an outside firm) and contact information cannot be retrieved by authorities for any purpose.  To enter your information, click on the CodeRed link at:  http://www.sevierutah.net/information/information.html .

Sheriff’s Report: February

INCIDENT: PI Crash 100900080

LOCATION: I-70 Mile Post 86

DATE: 02-08-09

TIME: 1044

DETAILS: The vehicle was traveling northbound I-70 on slick snowy roads. The driver lost control and went off the right shoulder and rolled once and landed on its top. Driver was checked out at the scene and refused medical.

Driver: Juan Castro 35 of Long Beach, CA. Seat belt used

Vehicle:2002 Chevy Trailblazer

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INCIDENT: PI Crash 100900079

LOCATION: SR -89 171 (Piute County)

DATE: 02-08-09

TIME: 0845

DETAILS: The vehicle was traveling northbound SR-89 on slick snowy roads. The driver lost control and went off the left shoulder and rolled once. Driver was checked out at the scene and was not transported.

Driver: Joesph Alldredge 34 of Allen Tx. Seatbelt used

Vehicle:2005 Cadillac

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INCIDENT: PI Crash

LOCATION: I-70 Mile Post 13

DATE: 02-06-2009

TIME: 0831

DETAILS: The vehicle was traveling on I-70 at mile post 13, when the driver lost control of the vehicle due to snow on the road. The vehicle went off the left shoulder and rolled once. The driver had to be extricated from the vehicle.

Driver: Salvador Pena 35 of Rifle Co. seat belt used

Vehicle: 2003 Ford Explorer

Passenger Hector Miranda-Mendoza 26 of Rifle Co. Seat belt used (transported to Sevier Valley Hosp.)

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INCIDENT: Drug Arrest 100900069

LOCATION: I-70 Mile Post 53

DATE: 2-3-2009

TIME:1717

DETAILS: The vehicle was stopped for an equipment violation. The officer could see drug paraphernalia inside the car and a subsequent search found a small amount of marijuana.

Driver: [Male], 25 of Homer Glen IL.

Vehicle: 1994 Nissan Sentra

Richfield City Council Agenda: Jan. 27, 2009

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, February 10, 2009 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

1. OPENING REMARKS

1. PLEDGE OF ALLEGIANCE by invitation

1. ROLL CALL

1. MINUTES APPROVED -  January 27, 2009

1. EXPENDITURES APPROVED – January 2009 Warrant Register

1. BUSINESS

1.  
   1. Mel Leseberg to report on status of land acquisition for the Richfield Airport.

1.  
   1. Consider preliminary approval of the Mt. Catherine Subdivision.

1.  
   1. Consider approving the reduction in off-street parking for the Mt. Catherine development in accordance with Section 1912 of the Richfield City zoning code to 2.5 spaces per unit and consider approving a reduction in off-street parking for the Vesper Hills senior complex to 2 spaces per unit.

1.  
   1. Consider the adoption of Ordinance 2009-4 establishing a definition for body piercing and establishing zones for such use.

1.  
   1. Consider adopting Bond Resolution 2009-2 authorizing the issuance of $770,000 in Parity Street Improvement Revenue Bonds, Series 2009 of Richfield, Sevier County, Utah

1.  
   1. Consider adopting Bond Resolution 2009-3 authorizing the issuance of $3,750,000 in Parity Sewer Revenue Bond, Series 2009, of Richfield City, Sevier County, Utah.

1.  
   1. Woody Farnsworth to review and discuss the request for Statements of Qualifications for Airport engineering services as required by FAA.

1.  
   1. Consider approving the commencement of the public notification process requesting Statements of Qualifications for Airport engineering services.

1.  
   1. Kimball Poulson to request approval of a sign for the Richfield Business Park.

1.  
   1. Kimball Poulson to present update on the Richfield Business Park. 

1. OTHER BUSINESS

1. EXECUTIVE SESSION

1.  
   1. Real Property Purchase

1. ADJOURNMENT    

Sheriff’s Report: Drug Arrest, 2-3-09

INCIDENT: DRUG ARREST 

LOCATION:I-70 MP 58 

DATE:2-3-09 

TIME:1000 

DETAILS:A TOYOTA COROLLA WAS STOPPED FOR EQUIPMENT AND MOVING VIOLATIONS.  DURING THE ENCOUNTER THE ODOR OF MARIJUANA WAS DETECTED.  A SEARCH OF THE VEHICLE LED TO THE FINDING OF HASHISH, MARIJUANA, AND DRUG PARAPHERNALIA.  THE DRIVER WAS ARRESTED AND BOOKED INTO THE SEVIER COUNTY JAIL.

DRIVER: [MALE] 34 CHICAGO, IL

Richfeild City Council: Agenda 2-4-09

ity Council
Subject: Awards
Meeting Title: City Council Meeting
Meeting Date & Time: Wed Feb 04 12:00:00 MST 2009 – Thu Feb 05 12:00:00 MST 2009
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 Wednesday, February 4, 2009 in the Council Chambers, Richfield City Center, 75 East Center Street, commencing at 12:00 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.      ROLL CALL
3.      BUSINESS
a.      Consider awarding contract for Schedules I, II and III of the Sewer improvement project 2008-2009 to the lowest bidder.
b.      Consider awarding contract for the Main Street improvement project to the lowest bidder.

4.      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