Mayor Releases HL&P Board Members

Yesterday in a brief letter, Heber Mayor Alan McDonald dismissed two members from the Heber Power Board of Directors.

Why?   Apparently because he COULD!  

Here's the letter dated 21 May 2014 sent to Heber City Council members Heidi Franco and Kelleen Potter

No explanation, no 'thanks' for your service, just you're gone!  The two board members were appointed TO the Board only a few months ago.

After the three new Council members took their elected positions in January.  The meeting of 16 Jan began some of the controversy of HL&P Board appointments: (incumbent members felt the need to remain on the board, Mayor McDonald disagreed)    "Mayor McDonald indicated he spoke with Blaine Stewart who felt new members would adjust fine. Also, the Heber Light and Power Board bylaws indicated that the Mayor didn’t need the consent of the Council in order to assign other Council members to the board. Council Member Rowland asked to seek clarification on that section of the bylaws. Mayor McDonald read from the bylaws. Mark Smedley stated that language would hinge on

SAO Report on HLP Board Health Benefits

The Utah State Auditor has reported on the citizens' complaint about the retroactive health benefits.  (highlights added)

December 17, 2012

Board of Directors

Heber Light & Power Co.

31 South 100 West

Heber City, Utah 84032

Dear Board of Directors:

We appreciate the response from Mr. Joseph Dunbeck to our inquiry regarding the allegations at Heber Light & Power. Specifically, it is alleged that Board members: a) planned, prepared, instituted, and accepted compensation for themselves in lieu of a health insurance benefit, and b) received stipends for attendance of meetings, both in state and out of state.

We have determined the following:

1. Heber Light & Power is subject to the laws regulating its government members.

The Attorney General’s Office considered in its Informal Opinion No. 87-31 what laws apply to an Interlocal Cooperation Act entity, specifically, whether the requirements of the Uniform Fiscal Procedures Act for Utah Cities applied to the Tri-City Golf Course Committee, an Entity created by agreement among American Fork City, Pleasant Grove City, and Lehi City.

The Attorney General’s Informal Opinion considered first the Utah Supreme Court case, CP National Corporation v. Pubic Service Commission, 638 P.2d 519 (1981), which addressed not the “negative” application of the laws, i.e., what laws apply to regulate an interlocal entity, but the “positive” application, i.e., what powers an interlocal entity has. The Court held that “the intent of the act [Interlocal Cooperation Act] appears to be to allow municipalities collectively to exercise powers which they already possess individually.” Id. at 521.

Based on the above court case, the Attorney General’s Informal Opinion indicated that the Interlocal Cooperation Act similarly applies to the “negative” or regulatory laws to which an interlocal entity is subject, stating that “[i]t is clear…that an entity created under the Inter-local Co-Operation Act cannot exercise powers in excess of those possessed by its creators….[C]ities may not grant powers to an interlocal agency which they do not possess themselves individually. It necessarily follows that cities have no power or authority to act in contravention to the requirements of the Fiscal Procedures Act and they cannot endow their interlocal progeny with such power or authority.” Opinion at p. 2.

Given this authority, the State Auditor’s Office has always held that interlocal agreements should be subject to the same regulatory environment as the creating entities. However, it is one thing to say laws applying to a municipality shall also apply to the interlocal entity, and another to actually apply them. In attempting to apply municipal statutes related to employee benefits, including compensation, we encounter some legal quandaries, addressed below.

2. We cannot answer the question whether the compensation in lieu of health benefits violates the Municipal Code, and suggest seeking a legal opinion from the appropriate authority.

In regards to whether a municipal officer, regulated by the provisions of Utah Code 10-3-818 with regard to salary, can receive any compensation from the interlocal entity, or whether that result in an inappropriate increase in salary under 10-3-818, or an inappropriate economic privilege under Utah Code 10-3-1304, note the following:

Utah Code 10-3-818 provides specifically:

(1) The elective and statutory officers of municipalities shall receive such compensation for their services as the governing body may fix by ordinance adopting compensation or compensation schedules enacted after public hearing.

(2) Upon its own motion the governing body may review or consider the compensation of any officer or officers of the municipality…for the purpose of determining whether or not it should be adopted, changed, or amended. In the event that the governing body decides that the compensation or compensation schedules should be adopted, changed, or amended, it shall set a time and place for a public hearing at which all interested persons shall be given an opportunity to be heard.

And, the Municipal Officers’ and Employees’ Ethics Act (Utah Code 10-3-1304) provides that:

(2) It is an offense for an elected or appointed officer…to:

….

(b) Use or attempt to use the officer’s or employee’s official position to:

(i) further substantially the officer’s or employee’s personal economic interest; or

(ii) secure special privileges for the officer or employee or for others….

In conjunction with these two sections are the instructions provided in the Interlocal Cooperation Act (Utah Code 11-13-222) that:

(1) Each officer and employee performing services for two or more public agencies under an agreement under this chapter shall be considered to be:

(a) an officer or employee of the public agency employing the officer or employee’s services even though the officer or employee performs those functions outside of the territorial limits of any one of the contracting public agencies;

….

(3) All of the privileges, immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers compensation, and other benefits that apply to an officer, agent, or employee of a public agency apply to the same degree and extent when the officer, agent, or employee performs functions or duties under the agreement outside the territorial limits of that public agency.

Utah Code 11-13-222 of the Interlocal Cooperation Act seems to support the Attorney General’s Informal Opinion specifically with reference to matters like compensation of officers and employees, underscoring the fact that the employing municipality’s regulations are controlling.

The question of interpretation remains. We know, of course, that the officers already receive compensation, and the question being asked is simply whether the additional compensation is appropriate. That is a legal question that we do not have the authority to answer.

3. At the very least, a hearing should have been held to allow public input as required by the Municipal Code.

If it is determined that a municipal officer may receive compensation as an officer of an interlocal entity, it seems clear to us that the provisions of Utah Code 10-3-818 requiring a municipality to hold a public hearing would apply to the interlocal entity. Based on Mr. Dunbeck’s response, it appears that a public hearing was not held regarding compensation of board members until two months after the board approved the budget which included the increased compensation.

In conclusion, we believe that both the Attorney General’s Informal Opinion and Utah Code 11-13-222 make Utah Code 10-3-818 and 10-3-1404 applicable to Heber Light & Power. However, we recommend that you contact the Attorney General’s Office and/or seek clarification of the laws through legislation.

We can say that to the extent it is determined appropriate for municipal officers/board members to receive compensation for their services to Heber Light & Power, a public hearing should have been held to vet the decision by the board to participate in the entity’s health insurance plan. Because it was not, the policy should be voided until the appropriate procedures have been followed.

We appreciate the courtesy and assistance extended to us by the personnel of Heber Light & Power during the course of the investigation. If you have any questions, please contact Ryan Roberts, Audit Supervisor, at (801) 538-1721.

Sincerely,

Auston G. Johnson, CPA

Utah State Auditor

SAO Audit Requested

As there has been little progress in recovering the remainder of the excessive pay received by the HL & P Board (see posts below) an audit request has been submitted to the State Auditor's Office

"The "State Auditor Hotline" provides an avenue for citizens, including government employees, to report suspected financial improprieties or violations of laws or regulations by state and local governments; waste of public funds or resources; and/or constructive suggestions for improving state and local governments regarding financial-related matters, internal control, or compliance. The Hotline coordinates the efforts of existing resources, rather than duplicating efforts of authority already in place."

****   ****  ****

We residents of Wasatch County and Heber Light and Power ratepayers hereby “report suspected financial improprieties or violations of laws or regulations by state and local governments; waste of public funds” and request an audit of Heber Light and Power and/or its owners, Heber City, Midway and Charleston.

We have contacted "the government officials (including the county attorney) directly involved in the issue(s) the chance to take action or modify procedures." They were "not responsive."

HOTLINE REPORTING FORM

Who is the person(s) the complaint is against? (Please provide name, position, agency, division, and phone #) Dave Phillips, Chair (Heber City)(654-0574,davphillips@gmail.com);  Connie Tatton (Midway) (654-2416,midwaycityut.org); John Whiting (Charleston)(654-2343, jcwhiting@yahoo.com) – (Human Resources Committee) - and possibly other members of the Heber Light & Power Board of Directors

Who is the above person’s supervisor? (Please provide name, position, and phone#) They are the governing board of Heber Light and Power.   There does not appear to be any supervision or oversight of the Board.

What is the assertion of improper governmental activity? Please describe in detail. Planning, preparing, instituting and accepting a four-fold plus pay increase for themselves, an annual amount which would have been more that half of the dividend normally paid to the cities owning HL & P and about the same as collected from residents in recently passed service charge fees.

When did the event(s) take place? Please include dates, time, and frequency. Specifically, at a meeting 16 Nov 2011, and some time period before preparing and continuing payments. In that meeting under an agenda item of “Employee & Exempt Employee Manual Amendments” the board (with two absent members) approved an effective monthly pay raise of $1,687, supposedly for “health care benefits.” That agenda item appears to be a violation of the intent of the Open Meetings Act; the discussion on the the pay raise (retroactive “health insurance” benefit) lasted less than one minute. (audio available) These “benefit” payments were made retroactive for a period of several months resulting in a payment in December 2011 of $10,122 per board member and continuing payments in January and February 2012 for $1687. This payment was in addition to their “regular” monthly payments of about $466 ($599 for chair). The board generally spends less than 2 hours per month in a board meeting. One board member refused to accept the payment as excessive and subsequently, after a citizen petition protesting the action, 7 or 8 of the recipients have reportedly returned, or agreed to return, the funds. The online petition collected about 570 signatures a few hundred were collected on paper. Mayors Philips and Tatton and Heber Councilman Patterson have refused to return the money as they indicated they believed it had been “earned.” Mr. Patterson was not even a board member in 2011, but received $4.050 as part of a shared compensation plan among Council members. The remaining Council members returned their share of the money. Charleston Town President John Whiting reportedly is returning the money by not accepting his monthly payment. Phillips, Tatton and Whiting were members of the “Human Resource” Committee and/or the Personnel committee which formulated the so-called health benefit plan over a period of two years. Other board members have reported they were unaware of the proposal until it was presented at the November Board meeting. The two members who were NOT present learned about it after the meeting. At a meeting of the Board in January, public comment were allowed, but no explanation was offered, no discussion on the issue was held and no questions were answered. At the February Board meeting, future payments were suspended. After pointed questioning, Chair Phillips indicated he would not take the February payment, but repayment was a “personal decision.”

Where did the event(s) occur? Heber City, UT

Are there any other persons who might provide information or who witnessed the event? If so, what are their names, positions, agencies, divisions, and their contact information? Other board members at the time: Mike Kohler (Wasatch Co.) (654-3728), mikekohler2009@gmail.com) Alan McDonald, alw_mcdonald@msn.com, Benny Mergist, 801 404-7765, bencajun@yahoo.com and management and employees of HL & P

Is there evidence that can be examined or documentation that can be reviewed? (Please provide any documentation you have) Meeting records, recordings, documentation can be found here with accompanying links.

How do you know about the improper action? Did you see it occur? Did you see documentation indicating it occurred? Did you hear about it from someone else? Documentation, reports from others, failure of response and explanation from those involved. No Board responses from petition submitted at meeting and numerous requests for an explanation. County Attorney was non-responsive in requests from several citizens to investigate the situation.

What specific law or state regulation has been violated? Possibly, Open Meetings Act, Municipal Officers' and Employees' Ethics Act, perhaps more, specifically 10-3-818.   Salaries in municipalities.      (1) The elective and statutory officers of municipalities shall receive such compensation for their services as the governing body may fix by ordinance adopting compensation or compensation schedules enacted after public hearing.      (2) Upon its own motion the governing body may review or consider the compensation of any officer or officers of the municipality or a salary schedule applicable to any officer or officers of the city for the purpose of determining whether or not it should be adopted, changed, or amended. In the event that the governing body decides that the compensation or compensation schedules should be adopted, changed, or amended, it shall set a time and place for a public hearing at which all interested persons shall be given an opportunity to be heard. 10-3-1309.   Inducing officer or employee to violate part prohibited.      It is a class A misdemeanor for any person to induce or seek to induce any appointed or elected officer or municipal employee to violate any of the provisions of this part. 10-3-1304.   Use of office for personal benefit prohibited. (b) use or attempt to use the officer's or employee's official position to:      (i) further substantially the officer's or employee's personal economic interest; or      (ii) secure special privileges for the officer or employee or for others; 17B-1-308.   Boards of trustees comprised of county or municipal legislative body members.      (1) (e) board members may not receive compensation for their service as board members in addition to compensation they receive as members of a county or municipal legislative body. Utah Public Officers and Employees Ethics Act. 67-16-4 . . it is an offense for a public officer, public employee, (c) use or attempt to use his official position to:      (i) further substantially the officer's or employee's personal economic interest; or      (ii) secure special privileges or exemptions for himself or others; 67-16-5 (1)(b) compensation received for private services rendered at a rate substantially exceeding the fair market value of the services. 67-16-11. Applicability of provisions. “The provisions of this chapter apply to all public officers and public employees”. 26-20-6. Conspiracy to defraud prohibited. “ A person may not enter into an agreement, combination, or conspiracy to defraud the state by obtaining or aiding another to obtain the payment or allowance of a false, fictitious, or fraudulent claim of a medical benefit.” 11-13-222.   Officers and employees performing services under agreements. (2) Unless otherwise provided in an agreement that creates an interlocal entity, each employee of a public agency that is a party to the agreement shall:      (b) continue to be governed by the rules, rights, entitlements, and status that apply to an employee of that public agency.

Open Letter to Pay Recipients

Enough is Enough - Wasatch County residents want to know

An Open letter to recipients of the HL & P pay raise
(1/27 Via Email to: David Phillips, Connie Tatton, John Whiting, Mike Kohler, Benny Mergist, Alan McDonald, Nile Horner, Robert Patterson, Eric Straddeck, Erik Rowland, Jeff Bradshaw)

First, let me offer my apologies for the delivery of my comments at the recent Heber Light and Power Board meeting; some have said I may have sounded "angry."  I felt it was not proper that an explanation was not offered and that no question were answered by those who made that decision.

Be that as it may, I'm sure you are all aware that the decision to award "in-lieu" of pay to the members of the the  has not received overwhelmingly approval by the community.

As a strong believer in openness and transparency, I am therefore offering any of you the opportunity to:
 1. Join the IMPACT program to express anything you have to say on this subject;
 2. Join the IMPACT program answer questions this subject;
 3. Respond via email with your comments; OR
 4. Call me to explain or discuss the issue. 
I have substantial information about the decision, but there are still many question to be answered.

Last, but certainly not least, I would strongly urge that each and everyone of you NOT to be recipients of ANY payments dispensed from HL&P until the situation is resolved, AND better yet, that any and all funds be returned in the name of fairness to those who pay the bills.

Regards,
Bob Wren.

Response, I've had a few,

But then again, too few to mention. . . . 

It did bring this:

Date: Tuesday, November 29, 2011, 4:00 PM

Hi All,

I was finally able to visit with Tony about the decision made at the last Heber Power board meeting.  I apologize for not being there but our Council meeting ended up conflicting with it.  I will try to do better in the future.

That said, I am concerned about the decision made by the board to offer health insurance (or equivalent cash)to themselves.   I can’t think of any reason to justify that amount of money coming to the board.  The $500.00 per month is at the top side of anything justifiable based on the amount of time and effort spent doing that job.  I could even support  reasonable extra compensation to those board members who spend time over and above normal board meetings to help manage the company, but not this. 

With all due respect to the board’s actions, I would request that this item be reconsidered and reversed at our next meeting.  In my opinion, it is this kind of excesses that turn the public against those in political office. 

We represent the people and should be doing all possible to deliver government services at the best price possible.   We, the board of Heber Light and Power, recently imposed a rate increase on our customers.  It was calculated to be the least cost amount needed to deliver an expected rate of return to the company to help maintain good long term financial health.   I was opposed to that increase based on timing and present economic conditions.  I am opposed to this increase in Board compensation, not only because it is excessive, but also because it will use up about 25% of that rate increase, possibly requiring another increase in rates to compensate for it.   It is excessive based on any reasonable compensation for time spent.  Please let us reconsider our actions.

Respectfully, 

Mike Kohler

Wasatch County Council

And this:

Sent: Friday, December 02, 2011 7:38 AM

Fellow Board Members

After some thought on this matter I support Mr. Kohler's opinion . I have ask Mark Anderson to return my portion of the insurance stipend to Heber Light and Power.

Thank you,

Benny Mergist

Further on 2/1/2012:

At the end of 2011, Heber City received a check for $20,249.28 from Heber Light and Power, to cover the insurance benefit appointed to myself and Alan McDonald, who were representing the Heber City Council as HL&P board members for 2011. (I wish to note that Alan was not present for the vote regarding this insurance benefit.) The current Heber City policy divides any and all board payments received from any paying boards in behalf of its council members, between all five council members. Thus when this payment was divided by 5, each Heber City council member’s portion was $4049.86. (I also wish to note the other Heber City council members did not participate in the vote regarding this issue or ask to receive this payment.) We each received a net amount less social security and taxes. I returned to HL&P the gross amount of my portion which was $4049.86.

I wish to clarify I did not return “a” portion, but the entire portion of which I received. To quote me as saying I returned as much of the money as I had available, that I wished it were more, or that this depletes everything my wife and I have in savings was also incorrect.

I sincerely apologize for my error in judgment on this matter and I am earnestly striving to make restitution.  I no longer serve on the HL&P board, but appeal to all current board members to rescind the decision regarding insurance benefits paid to board members.

Sincerely,

Benny Mergist

Heber City Council Member

And This

To Heber City Council and former Members:

We are all aware of the HLP health benefits package and the extra compensation that has been given to the City Council.  I am informing the city council that I am returning the portion of the money that I have received due to this health benefits package back to HLP.  What you decide to do with your portions is up to you.

  I would like to make a statement to the council concerning boards and committees that the city council members have been appointed to.   When a city council member has been asked to fill an appointed position on a board or committee, they represent the whole governing body of the city, and should act in the best interest of the city.  Their actions or in-actions, must reflect the position of the governing body of the city and not their own personal interests.  We do no sever on these committed and boards due to any personal achievement of our own; rather we serve on these positions because the Mayor has asked us to represent the governing body of Heber City.

   With that in mind, I feel the governing body should make a decision concerning the HLP board health benefits package as a body, and voice that opinion through our representatives on the board.  I ask the City Council representatives on the HLP board to reconsider the actions take by some of the HLP board members in November and remove from the amendments of HLP Employee and Exempt Employee Manual the health benefit that the board members receive.  I would like the City Council to resole to a vote on how the city and the governing body should be represented on the board by the council's representatives.

   I vote to rescind this health care benefit that has been extend to the HLP Board members and to remove the amendments allowing it.  I respect each of you and your position concerning the best interests of the council and the city.  But we need to make it clear to the public and to HLP Board what the city council's position is on this issue.  So I would suggest to the council, that we have  Mark Anderson  put this on the February 2nd regular meeting agenda, so the council can take a vote on it.

   What each council members does with the money that they have received is up to each individual, but I recommend that the council and former council member return all monies received from this action. 

Respectfully:

Alan McDonald

Heber Light and Power Board PAY increase

Elected Official have historically served on subsidiary boards with no, or a token, payment. They are paid for their official duties and are, or should be, aware of both the duties AND the pay before they were elected.

In recent year, the trend has been to offer pay for board service. This decision has NOT been made by those paying the bill, but by those receiving the money. In particular, early last year the governing board of Heber Light and Power was being paid $400 or so for one meeting a month.

Late last year, the board approved an effective pay raise to $20,000 to $30,000 per year.

This increase should be rescinded immediately and better yet, anywhere possible, board membership should be returned to the (non elected) service oriented residents. Many would be willing to do so if invited. Government of the people, by the people and for the people
Enough is Enough

A petition has been posted here for those asking HL & P to rescind their unwarranted pay increase.

Free Petition by iPetitions.com

The Petition

Whereas, Late last year some members of the Heber Light and Power governing board, decided to provide themselves with fully paid health insurance or the option to receive an equivalent amount in payment.

Whereas, The Board is constituted of self appointed elected officials.

Whereas, The total cost of this benefit is estimated to be in excess of $150,000 annually, which will be paid by the users of the service.

Whereas, This amount will be paid from either excess charge already received or a future increase in utility rates.

Whereas, While portrayed as a health "benefit," the 'option' indicates this is simply a substantial pay increase (possibly disguised as a tax free benefit).

We, the citizens of the Heber Valley, hereby call on the HL&P Board to rescind this decision and return to proper fiscal policies of conservative operation for the public service which the utility is supposed to be.

Current Board members: Dave Phillips, Chair (Heber City)(654-0574,davphillips@gmail.com);  Mike Kohler (Wasatch Co.) (654-2300, mikekohler2009@gmail.com),  John Whiting (Charleston)(654-2343,jcwhiting@yahoo.com),  Connie Tatton (Midway) (654-2416,midwaycityut.org), Jeff Bradshaw (Heber City)(bradshawcpa@wasatch-wireless.com),  Robert Patterson (Heber City) (654-2648,rmpatt@gmail.com)
The decision was made by an affirmative vote of the previous Board.   Members Kohler and MacDonald were absent but have expressed disapproval. 

Alan McDonald was recently replaced. Prior member Benny Mergist has also been replaced.

HL&P 4.5% Rate Increase

Heber Light & Power is proposing a RATE INCREASE for all users.    (Well, it may be for all users, except the large ones.)  
PUBLIC HEARING   May 29

Apparently , this increase was approved in the budget by the previous Board (You know the one with the faux PAY increase, which they were required to return.)

While analyzing the proposed rate structure a few questions arise:

Why are rates for residential going up by 4.5%, while commercial seems to be less?

In the rate examples given, residential rates are a constant 4.5%, 'small' commercial increases 4.5%, but that percentage decreases with increases usage above the 3,600 Kwh example.   The 'large' commercial' example at 4.3% increase also appears to decease with increase usage.   In fact, in the given "large" commercial example showed a peak of 250 kW vice the 370 kW used the monthly rate

I'm unsure of the rate increase goals (except for revenue increase) of this complex rate structure are (other than the general "shift demand, green energy supply, economic development"), nor am I certain how, when or if the proposed changes will accomplish those goals.

It appears the examples given might have been chosen to demonstrate an 'equal' % increase, but usage will modify that.  The rate increase appears to benefit increased usage.

(HL & P  Interactive rate computer  This spreadsheet should allow you to create your own suggested rate structure and SEE the results.)

Columns K, L and M of the rate spreadsheet, compiled from the proposed rates, offer a simple two tiered systems which creates a similar proposed rate schedule and a third tier could be added to further reduce the high end users' costs, if needed for 'economic development' and accomplishing your goals.   (Various cells can be modified to determine the results.  As the formulas achieved the same results as the HLP presentation, I assume they are correct.).

It appears the intent is to lower modify the peak DEMAND, but not necessarily the usage.  There could be a HUGE disparity between a 249kW demand and a 251kW (small vs large) bill at marginal rates of $0.0805 vs $0.037 per kWh, thus benefiting a larger peak demand.

It seems like the small households get the most relative dollar hurt - mainly because of the Service charge. 

Rather than raising that service charge by 4.5%, lowering it to, say $5, would help out the 'average' resident by 10 to 20%, -  AND would only decrease HLP revenues by $70K (assuming 10K accounts)

Last comment/question: do hookup, or impact, fees for new connections cover the actually increased cost or is new growth being subsidized by current residents?

One response: "For infrastructure projects beginning in 2012 through 2015 amounting to $6,959,000, only $3,542,000 is eligible for impact fees.  Of this eligible figure only about 41% is being recovered in impact fees This is the same percent impact fee recovery for new businesses, subdivisions etc.  We would never charge %100 because at least 25% of necessary upgrades for these new builds benefits the whole system."
 
If HLP had NOT spent $200 (?) for the new "super" meters ($2,000,000), it may not have needed a rate increase.   Are they really paying for themselves?  If so, how?

My second guess is that there are areas are continuing costs that might be reduced.   Has the money from the loans and credit cards misuse been recovered? 

Reports are circulating that some higher echelon employees receive high six-figure salaries with bonus and 'comfortable' benefit packages.

If HLP had NOT spent $200 each (?) for the new "smart" meters ($2,000,000?), it may not have needed a rate increase.  Have they actually proven their value?  If so, how?

Have the dividends to the cities increased for 2014?   (apparently not = $300K)

Who is actually paying for street lights?   Is the $73,819 'donated' by HLP?  For what lights? What determine who pays the other $20K? (see *below)   Do 'rural' developments get donated light electricity?   If so, why not let the HOA pay?

 *WHEREAS the Heber Light & Power Company (“the Company”) practice is not to
charge municipalities or the county for the energy charges for street lights (“energy charges for
street lights”).
 
 WHEREAS, to implement this practice, the Company records the estimated energy
charges for street lights but annually writes-off these charges.
 
 NOW THEREFORE, BE IT RESOLVED BY BOARD OF DIRECTORS OF THE
HEBER LIGHT & POWER COMPANY AS FOLLOWS:
 
 The Company hereby writes-off the 2013 energy charges for street lights in the amount of
$66,963.

 I appreciate slide 29 ("? ? ?") pg 54

In short, my suggestions are reduce expenses, eliminate the service charges, implement a simpler rate structure and ensure that growth is covering its costs.   All these proposals for no extra cost.

PUBLIC HEARING   May 29 6:00 PM,   Heber City Council Room      Click on the link for MORE info.

December News Bits

12/31 Snowmobilers missing in wildsSalt Lake Tribune - United StatesFour snowmobilers were missing in the mountains of Wasatch County on Friday night after the search for them was called off due to whiteout conditions. ...

12/30 Weather raises safety concerns Today's racing set back an hourBangor Daily News - Bangor,ME,USA... Olsen, who lives on the second floor of the 10th Mountain Ski Center lodge, split his time this winter between Fort Kent and Heber City, Utah, where he lived ...

12/29 Action Sport: Brian Olsen, biathlonSalt Lake Tribune - United StatesTalk to Minnesota native Brian Olsen, a biathlon competitor who splits his time between Maine and Heber City while training for the Olympics in Turin, Italy in ...
Rahlves gears up for downhill bidBoston Globe - United States... are also competing for slots on the team. Also in the running is Michael Morse of Duxbury and Austin Cummings of Heber City, Utah.
Snowshoe Hike of the WeekSalt Lake Tribune - United StatesDirections: From Interstate 80, take the Highway 40 exit to Heber City. At the first. stop light, turn right (west) onto River Road/Midway. ...
Daily Digest 12.29Provo Daily Herald - Provo,UT,USA... city will have a new mayor, two new council members and a continuing councilman take or renew their oath of office at inauguration ceremonies Tuesday. Heber ...

12/26 Rolly: Local heroes step up in many waysSalt Lake Tribune - United States... A Salt Lake City attorney was recently pulled over in Heber City because her registration was expired. Her terrified 4-year old ...
Snowmobilier Injured In Wasatch CountyKUTV - Salt Lake City,UT,USA(KUTV) SAN DIEGO One man has been injured in a snowmobiling accident in Wasatch County. The man was snowmobiling in the Lake Creek ...

12/25 Christmas Eve Candles Four cities open cemeteries for the first ...Provo Daily Herald - Provo,UT,USA... Close and her grandson, Brandon Allred of Heber City, brought several large red candles in glass vases to put on the graves of Close's son, Max Allred, and ...


12/23 Public logProvo Daily Herald - Provo,UT,USAACCIDENT -- An accident on Highway 189 in Wasatch County shut down traffic through Provo Canyon late Friday night and sent six people to the hospital with ...
Snowmobiler Missing Near Heber CityKSL-TV - Salt Lake City,UT,USA(KSL News) -- We've just learned Wasatch County Search and Rescue is out looking for a missing snowmobiler near Heber City. They ...

12/22 Younger Wasps provide stingSalt Lake City Deseret News - Salt Lake City,UT,USAHEBER CITY -- Though the Wasatch Wasps put five solid senior starters on the court, it was their young guns who took over against Springville and led them to ...
The latest news from the USOC - December 21Sports Network - USA... at Steamboat Springs: moguls skiers David DiGravio (Farmington, Maine) and Kayla Snyderman (Winchester, Mass.) and aerialist Austin Cummings (Heber City, Utah ...
12/20 Three Skiers Added to Freestyle TeamOUTDOORNEWSWIRE - Seattle,WA,USA... ME/Carrabassett Valley Academy) and Kayla Snyderman (Winchester, MA/Waterville Valley B&BTS) and aerialist Austin Cummings (Heber City, UT/Freestyle Lives all ...

12/16 Inside glanceBillings Gazette - MT, USA... Fackrell, a 6-foot-1 senior post from Heber City, Utah, averaged 33.5 points and 10 rebounds per game, as Westminster beat Southern Polytechnical 68-51 and ...
Santa delivers historic cars to Heber CityProvo Daily Herald - Provo,UT,USA... trailer trucks. The cars were taken to Heber City, where they will become part of the Heber Valley Historic Railroad. The arrival ...
Nordic teams sweep race at TrollhaugenForest Lake Times - Forest Lake,MN,USA... the collegiate races. Fick's next race on the USSA circuit is the national championships in Heber City, UT, Jan. 3-10. Fick wasn ...
Outdoor notesSalt Lake City Deseret News - Salt Lake City,UT,USA... The Lake Creek Snowmobile Trail head near Peoa in Wasatch County has been improved. The entire parking area has been covered with ...


12/15 Track Me If You CanSalt Lake Tribune - United States... Rock Cliff Nature Center is 7 1/2 miles east of Heber City on Highway 32 near Francis. For more information, call 435-782-3030 or 435-649-9148. ...
Bob Larsen (Courtesy of Larsen family)Salt Lake Tribune - United StatesBob Larsen, Heber City: Twelve members of the Larsen family took a fishing vacation to Alaska in July. The family caught salmon, halibut ...
Train DerailmentProvo Daily Herald - Provo,UT,USA... passenger train. Seven passengers were hurt in the May crash of the Heber Valley Railroad in Wasatch County near Charleston. In January ...

Heber Mayoral Race and Council Support

What happens in Heber, does not (necessarily) stay in Heber.  

AND it certainly can affect most of Wasatch County.   

(updated 1 Nov)

As I am not a resident of Heber City, I am unable to vote in the upcoming election.  Consequently, I'm a suggesting, recommending and urging a vote for Alan McDonald for Mayor.  Further if given the opportunity, I would vote for Heidi Franco and Danny Goode for Council.

This trio are fiscally conservative and, generally, favor smaller, limited government directed more towards protecting rights, rather than providing 'benefits.'

Specifically, Alan McDonald:

• Has proven himself fiscally conservative and an able spokesman for reliable government
• He has 'hawk-eyed' the budget and opposed the tax increase early in his Council term
• He was a leader in trying to correct the Heber Light faux pay fiasco
• He brought rationality to the overdone  veterans' Memorial
• 
  
• Has lead the way in proposing changes in City Government,
• Attempted to clarify government, proposing many code changes
• Introduced the concept of a Financial Manager for responsibility and balance, which was virtually tabled, but is now being reconsidered
• Proposed studies for law enforcement - which, though not completed, led to greater cooperation,
• Is an honest, well spoken gentleman who will continue to look out for local business and the needs of Heber citizens.

Heidi Franco, whom I've known for MANY years, is a proven political and governmental expert and will blend that knowledge with practical experience in protecting the 'rural' feel, while applying proven fiscally principles.

Danny Goode, a relative new-comer to the Valley, has shown to be a quick study and has gained a great understanding of local history and politics.  As an educated business man, he too will work toward great fiscal policies while protecting individual rights.

Two new faces for the City Council (Heidi and Danny) and the one with the most experience as Mayor (Four years on the Council) - Alan.   A fresh start and rejuvenation for Heber City, with a spirit of cooperation.

Not requested, approved or sanctioned by any candidate, merely my opinion after years of following local government and personal contact with the various candidates.

The other two Council candidates, seem to be very competent and able and will continue to serve the community in various ways.   For my personal taste, they seem to much in favor of larger government, more growth, airport expansion and showed less  depth of knowledge of local issues and conservative policy that my suggested candidates in our radio discussion/debate

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The write-in Mayoral candidate opted out of the primary this summer, he now reports: "I originally decided to pull out of the race back in July. My family had been going through some significant trials that demanded I give my full attention at home. It really just came down my family needing me more than I needed to be running for mayor."

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Another local blogger opines: "It is time to kick the GOOD OLD BOY SYSTEM out the door and to stop electing someone because they have a last name we recognize!!" 

Wasn't his favored candidate elected in the same system Heber City now still uses?

He also states, his candidate "c(a)me up with Heber Unplugged, which was a HUGE success"     (With a photo-shopped front page of the local paper)

Yes, it may be new to Heber and it's great that it was introduced here, BUT "unplugged" concept programs have been around for quite some time - try an internet search. 
e.g  Kids Unplugged  Jenni and Tommy's Kids Unplugged Baby Unplugged. etc.

Is Heber Unplugged sufficient qualification to run Heber City government?

"When they asked about the cost, (he) told them that the initial start up of the program would cost $3,500, with many of the perks of the program included in that price. "We want it to be as turn key as possible for anyone who wishes to use the program,"  Sun Advocate Article Is this now a business?  I believe this program was created with city seed money a city employee assistance.

Is there really something extra special about being a "write-in" candidate?

Heber City:  Some arcane points to consider in this year's  Heber City election.

• There will be two NEW Council members after the election. (four candidates)
• There are two candidates to be the new Mayor (two regular candidates and one write-in)
• Two of these are currently on the City Council, one whose term is expiring.
• The other (write-in) is half way through the first term
• IF the write-in candidate is elected, that position would be VACANT
• The "legislative body" (new Council) in accordance with 20A-1-510.   Midterm vacancies in municipal offices.   would then appoint a replacement for the remaining two years.

Heber City has had, for some time, a problem with discerning what TYPE of government it is.  But it appears that they MAY have  decided they are (or may be) "operating under the council-mayor form of government" in which the Mayor would have the right to vote (or, possibly, would vote only in the case of a tie) on the new Council member.  

If the write-in/current council member is chosen as the new Mayor, he could have the deciding vote as to who his replacement might be.   If either of the other Mayoral candidates wins, no replacement would be needed.     

Which is more appropriate an elected member, or one appointed by the one they would replace?

Hub Intersection Traffic

Email to UDOT 3/15/2007 10:23 PM Suggestion for the intersection of 189 and 40 ( or 1200 S and Main St. in Heber. This is one of the busiest intersections in Heber City (Soon to be made worse by the proposed Big Box/Boyer development to be located there.)

An improvement to the flow of traffic could be made by allowing South bound traffic on Main St. to make the left turn onto 1200 S (heading East) at any time traffic is allowed to continue straight through. Currently the green left turn signal turns to red while the continuing through traffic continues to flow - often with little or no northbound traffic to impede the left turn.

Many drivers avoid the left turn signal by cutting through the commercial property (Hub or Arby) parking lots to avoid the lengthy light change. Secondly, when the left turn lane is repainted, the stop line should be moved back several(20) feet as the left turns from Hwy 189 onto Main frequently cut the (135 deg) corner creating an unsafe condition.

This intersection needs a lot of redesign, a plan is being formulated by the County and the City for a bypass around the West side of Heber City and cutting East to regain US 40 somewhere around the intersection. The large commercial development will hinder that plan.

Response: March 21, 2007 6:58 AM As you are aware, UDOT recently upgraded the traffic signal at the subject intersection by installing protected left turn phasing for traffic on US-40. This was done as a safety improvement because of the horizontal curve through the intersection.
We understand that it may reduce the capacity and level of service of the intersection, but we believe the safety benefits outweigh those other factors. We have heard about potential development east of the intersection, as well as the big box development northwest of the intersection, and as that area grows the protected left turn phasing will be even more justified, so we plan to keep it the way it is for now.
It is unfortunate that some drivers are resorting to making either illegal or improper movements through adjacent business property to avoid the signal. Perhaps you could speak with the Heber City Police and ask them to monitor the issue and enforce the necessary laws to reduce or eliminated the problem.

We are also aware of a request to completely overhaul the intersection,including straightening out the curve, which would be a dramatic impact on local businesses. We have not made any plans to do so at this time, but may consider it if discussions with the City and County continue to include this matter. If it ever is reconstructed, the location of all the stop bars would be included in the design.

3/23/2007 Thank you for the prompt response. I again drove through the intersection today - as I frequently do. I fail to see any "safety" benefit to restricting the left turn to only being allowable on the green turn signal. It seems to me quite rare to restrict a left turn in this manner. The road curve on US 40 does not hamper any sight restriction involving that left turn or hamper it in any way that I can see.

The North bound traffic into Heber City nearly always leaves adequate space to turn AFTER the red (no left turn) light appears while South bound traffic continues through the intersection. By stopping the left turn traffic prematurely, it creates a more dangerous situation because there is a greater chance a car will be present in the left turn lane on US 40 which IS a potential danger from cars making left turns from 189 onto Main St.

This two lane left turn is a far bigger safety problem than from Main St. to 1200 S. I think someone needs to analyze that flow again!! NO RESPONSE

It was a pleasure to meet you today in Heber, thanks for listening to our concerns about the intersection traffic and the drastic increase which is forthcoming.

A SECOND ATTEMPT 6/23/2008 : We didn't get to discuss this relatively minor suggestion, so I'd just like to reiterate a potential short term (and inexpensive, IMHO) solution to make the intersection a little better NOW. I frequently drive through the intersection making a left turn from Main St. onto 1200 South.

It frequently takes two signals to do so already. With the increase in semi-truck traffic coming up Provo Canyon, it is even a bigger problem now than last year and is not safe to be parked in the first position in that left turn lane.

• Allow left turn on Green light for the southbound traffic. We are waiting through an entire traffic light cycle now even at 2 AM
• Move the left turn stop line back 20 ft or so to make the left turn from 189 to Main St. a little 'rounder' - This would especially speed up the semis which now have to be careful in the turn to avoid those cars waiting to make the left to 1200 So.

The UDOT response 6/27/2008 :

Regarding your number 1 recommendation, as the Region Director, I'm very uncomfortable overriding a decision by the Traffic and Safety Engineer and don't want to do that.

However, when reconstructed by Boyer there will be dual left turns, which must be protected (no permissive allowed). The dual lefts, combined with a change in signal timing should correct the problem.

Regarding number 2, I think we see how Boyer's reconstructed improvements work and then determine if any modifications are necessary. Thanks again for meeting with us.

Dave Nazare, UDOT Region Three Director 801-227-8001

I guess one can admire consistency, but anyone wanting to try further might Email David Nazare

Heber City Race websites

Heber City Mayoral Candidate Websites.

Alan McDonald       “My mission is to provide local government leadership that improves the quality of life of Heber City residents by reducing the financial and regulatory burden imposed by the city, promoting economic growth and the success of local businesses, and preserving the character and heritage of the city."

Mike Bardole       "Accountability and Transparency"

Erik Rowland      (Resigned)    "Thank you everyone…"


Heber City Council 

Anissa Wardell    "As I make my way around the city and talk to people I have noticed that one of the top issues with most residents is what is happening at Heber Light & Power. It’s not a surprise that this is at the top of the list of concerns as Heber City residents we have the right to be concerned. "

Danny Goode      " If elected I will launch a new era of full transparency and accountability at City Hall. After every City Council meeting I will post to this website the agenda, minutes, and tell you my thoughts and explain my votes regarding city issues. You may not always agree with me, but you will always know where I stand."

Joe Chenworth       "He is a fiscal conservative.  His primary goal is to give a voice in local government back to the citizens of Heber City. "

Kelleen Potter     " I believe in good government.  Like a good recipe, good government requires some specific ingredients.    The beauty of local government is that it requires a certain level of consensus to accomplish anything."

Rod Hopkins     "I believe Heber City is a well-managed corporation due in large part to sound fiscal practices and a city staff that are very dedicated.  As a new member of the City Council, I would be in favor of continuing this conservative fiscal approach to the management of our city."

Heidi Franco     "Protecting Open space, clean air. . . your property rights.  Fiscal Conservative  Ethical Principles."

Mike Thurber

Open Letter to HLP Faux Pay Recipients

Dear Mayor Philips (and Council),

I apologize that I forgot our anniversary on February 22. It has now been over a year since you personally promised me, and other Heber Valley residents, in a video taped HL & P meeting to refund your February in-lieu-of faux “health care” benefits from Heber Light and Power as a pittance of unacknowledged remorse. (primarily for getting caught)

It was recently discovered that, in addition to refusing to return the ratepayers money you received for a few months in 2011 and 12 AND retroactively for six months, you also did not fulfill your vow to return the February $1687 “insurance” payment. Instead you merely did not accept your regular monthly pay of $596, thereby pocketing an extra $1091 for you monthly 90 minute meetings, and 'direction'.

At this point, I would strongly suggest one of three options:

1. With your next Mayor's Corner, offer an apology with a copy of the return check for the $12,900 in faux pay. ('If I knew people would be so upset, we wouldn't have done.' as you said on KUTV, is not an apology.)
2. Donate $17,900 to the Half million dollar Veterans Memorial fund as a return of funds and an appropriate penalty - that might give you a tax deduction.  
3. Join us on the Impact program to offer an apology and explanation.  If you bring a check with you, we would be happy to return the money to Heber Light for you.

I look forward to your positive response. 

For Mayor Tatton, a check for $11,600 and an apology would also be appropriate. or a donation of $16,600 to the Memorial Hill Restoration fund.  It was good to see you did forgo four months of regular pay to offset your Feb 2012 faux pay, better fulfilling Mayor Philips' vow.  You, too, are cordially invited to join us on the radio, you can even come at the same time as your cohort, if you like.

PS to the City Council(s): As two of the members of the current Council have return these questionable funds, two did not receive and one, Robert Patterson, has not, I call on you to collectively pass a resolution of censure for these actions and call for an immediate return of the ill-gotten gains.   Former Councilman Nile Horner's lack of repayment should not be forgotten.

Your fellow Heber citizens may be surprised to learn you have not already taken action to do so. As this is an election year, I would suggest not taking voter apathy as acquiescence or approval.

If a petition requesting such a censure request is needed, that might be arranged. http://www.ipetitions.com/petition/heberlight/

Petition by iPetitions