Janice Peterson

Some Genola residents are asking the mayor to take action on what they say are improprieties involving the approval of the Genola Meadows subdivision.

Bryan Draper declined to comment for this article.

"I'm going to meet with my attorneys [Tuesday] and see what to do," he said.

Genola Mayor Eric Hazelet said the town is researching any conflicts of interest with Bryan Draper, but he does not believe there was any problem in hiring Dale Draper.

According to media reports, in a Town Council vote in Genola on May 28, Bryan Draper did not disclose that he is the beneficiary of trust deeds in the Genola Meadows subdivision, despite repeated requests that Council members disclose any conflicts. Draper then joined in a vote to lift a moratorium on the subdivision, which has come under fire for containing lots with sizes below the town's requirement of 2.5 acres.

"That is a financial interest in it, and as far as I read the law, he needs to disclose it," said Genola resident Emily Clinger.

According to item 10-3-1308 in the Utah State Code, city council members are required to disclose any financial interest in an open meeting.

Clinger said she believes there are multiple conflicts with the subdivision, both with the town and Draper. The town owns a lot measuring 2.03 acres in the subdivision, and the town is also a developer of the property, along with Planning Commission Chairman Martin Larson.

"The town and the Planning Commission chair are the developers, so there are no checks and balances," she said.

Councilman Chris Greenwood said the town should not be developing land that Council members and a Planning Commission member own, and even the town's development of the subdivision is a conflict of interest.

"I'm just at a total loss at how they're so cavalier in their obligations and duties to know the law and to follow it," he said. "I believe it is a conflict."

The town also approved the subdivision despite most of the lots being too small, he said, because Council members thought the law had been changed to allow lots to be smaller once roads were put in. Although the change was not in the law, Greenwood said another Council member said it simply had not made it to the books yet.

Greenwood said he asked about any conflicts of interest at the meeting because he saw Draper and Larson speaking before the meeting and thought Draper might have an interest in the issue. As a council member, Greenwood said he does not want to come across as accusing anyone, but he believes any conflicts need to be stated on the record.

"This isn't the first time he hasn't disclosed conflicts of interest on this subdivision," he said.

The town also hired Dale Draper in 2006 as a project manager for the subdivision. The contract for Dale Draper's hire was signed by the mayor and four Council members. Clinger said the town did not go through the correct process to hire Dale Draper, who had a default judgement against him in a recent lawsuit for more than $250,000.

Dale Draper was accused by Old Republic Title Insurance Company of forging signatures and using false notaries to illegally obtain a foreclosed property, according to court documents. Although he denied the charges, he was issued a default judgement, along with other defendants, after failing to appear in court to defend his case.

"He was brought in, there was no bidding, no application process for a job that needed to be done," Clinger said of his appointment.

Greenwood said he did not know how Dale Draper was hired, but it was his understanding that Bryan Draper brought him to the Planning Commission to offer his services.

"He brought him in and said, 'This guy is good at doing real-estate transactions,' " he said.

According to item 10-3-1011 in the state code, temporary employees can be hired at the discretion of the head of a department with advice from other city officials.

Dale Draper was hired in October 2006 as a project manager, which is not a permanent city position, for the subdivision and a cemetery project, four months after the default judgement was filed in 4th District Court in Provo.

"Our policy is, anything over $500 for purchase, including services, is decided by the council," Hazelet said.

Hazelet said he had no knowledge of any of Dale Draper's legal problems, and the city hired him because he gave the Council a good presentation of the work he could offer. Though Dale Draper is the son of a councilman, Hazelet said it did not impact the hiring, and Bryan Draper recused himself from voting on the hire.

"In a small community, there's a lot of people related to each other, so it's difficult," he said.

While Bryan Draper was not involved in the lawsuit involving the judgement, Clinger said he may not have been oblivious to his son's legal battles when Dale Draper was hired by the city, but again failed to disclose any problem.

"There are some people in town that believe that his father, Bryan Draper, knew about that before he had him come work for the Council," she said.

In a new complaint filed in the 4th District Court by Old Republic last month, Bryan Draper is implicated along with his son in illegally transferring property. Court documents show that Old Republic accused Dale Draper of trying to rid himself of properties after being assessed a default judgment he could not afford ($250,000) in the previous case. Dale Draper allegedly conveyed numerous parcels of land to Franklin Research and Bryan Draper, who in turn allegedly conveyed the property to Newline Research.

According to court documents, Franklin Research and Newline Research list Kira Callaway as a member and registered agent. Kira Callaway was hired in January by the city as a real-estate agent for the Genola Meadows subdivision, and the court documents also state she is a "friend, family member or girlfriend of Dale Draper."

Greenwood said hiring Callaway was not against the law, but it was not a necessary expense for the city. Cities are required to have open bids for real estate, and hiring a real-estate agent would give the agent a commission for something the city needed to do itself anyway.

"How many public entities hire a Realtor?" he said.

Hazelet said he was not aware of any connection between Callaway and the Drapers, and she was hired through A Team Realty.

"We voted to look for a Realtor, and they approached us and we said, 'OK,' " he said.

Clinger said she believes the town has acted incorrectly in several steps along the way to approving the subdivision, and she had an attorney draft a letter to the Council advising them of the problem. While she said she does not think every member on the Council knowingly did anything wrong, Clinger said she thinks the town still will not do much to correct the subdivision.

"I just get the impression that the mayor just wants to sweep this under the rug," she said.