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The Genola Town Council voted Wednesday night to again lift the moratorium on building permits for the Genola Meadows Subdivision, this time with all conflicts of interest disclosed.
Mayor Eric Hazelet said upon advice from the town's attorney, he decided the town would re-vote on the matter now that any conflicts of interest have been stated. Hazelet said he would have treated any conflict similarly, though he did not want to make re-voting on issues policy when conflicts of interest are concerned.
"The reason ... was to make sure everything was open and clear," he said.
At the center of the issue is Councilman Bryan Draper, who some believe has multiple conflicts of interest in the nine-lot development. Draper is the beneficiary of trust deeds in the subdivision, and the town hired his son, Dale, as the project manager for the subdivision. Additionally, Draper's son is the subject of lawsuits concerning other land deals, and one lawsuit also names Draper.
In a Town Council vote in Genola on May 28, Bryan Draper made no response to 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.
In the June 25 council meeting, Draper's conflicts of interest were disclosed in a written statement read by his lawyer, Bill Hansen. Hansen acknowledged that Draper holds the trust deeds to two lots in the subdivision, but he said no disclosure was made because Draper did not have an "ownership" interest in any lots. Draper also obtained the trust deeds after the town approved the subdivision in July 2007.
The council voted 3-2 to lift the moratorium, though the initial vote was never overturned. Councilmen Kendall Ewell and Chris Greenwood voted against the measure, Greenwood saying the vote should not be taken as it sets precedent for cases in the future. Greenwood said more care needs to be taken in the votes and action the council takes, and official votes should be taken seriously.
"I think we should conserve the resources of the town when we deliberate and take votes," he said.
Hazelet said he was taking the vote based on the way the state legislature handles conflicts of interest and based on multiple conversations with the town's attorney. Hazelet said the town attorney would also be working to fix the ordinance concerning lot sizes and an alteration that didn't make it to the books. The attorney will be discussing the ordinance with the planning commission and others concerning the intent of the ordinance and will make the necessary adjustments. Hazelet said the wording did not make it into the ordinance because of problems with the former town clerk, who is charged with embezzling town funds.
Ordinances should be passed through the correct channels, originating with the planning commission, Greenwood said, and the use of the town attorney was an incorrect procedure that will cost the town money.
Councilman Michael Vail said the cost of the attorney adjusting the ordinance is fallout from trouble with the former town clerk, and it is a cost the town will just have to deal with.
"It's unfortunate that we had the situation that we did with our town clerk," he said.
In an interview prior to the meeting, Greenwood said the Genola Meadows Subdivision is full of problems and conflicts, and he is bringing up the issues in order to serve the town's residents.
"My only agenda is, 'Hey mayor, get it in compliance," he said.
Greenwood said he took an oath of office to uphold the law, and he intends to see that the town upholds its laws as well.
"I hate being the one who has to do things that are unpleasant," he said. "It's not pleasant for me to bring to light conflicts with other people." |
