“State of the City Report – 2013” –  by Cedar Hills City official mailed to residents

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Analysis Part One: Provided by Financial Experts/Advisers from CEDAR HILLS CITIZENS FOR RESPONSIBLE GOVERNMENT

CHCRG’s Financial experts have reviewed the “State of the City Report” and found it disappointing.  So much is missing that should have been published.  It’s like being an investor or share holder, and getting a fancy report that leaves out the most critical information necessary to determine whether our enterprise is profitable or not.  But the Report’s pictures sure are pretty!  Being partially transparent is not transparent at all.  

Here’s our CHCRG Financial Advisors expert review and commentary.  Follow along with a copy of the report at http://www.cedarhills.org/sites/default/files/state-of-the-city-report-2013.pdf :

• City is finally recognizing that Cedar Hills’ residents are paying the highest property tax rate in North Utah County.  However, the attempt to recast it by normalizing the tax rates by the number of residents is totally misleading. Due to the demographics, Cedar Hills has a young population and therefore many residents per household.  Dividing tax rates by the number of residents is totally bogus.  Property taxes are calculated on the value of each residence, not the number of people in the residence.  Shame on the City for twisting around statistics to try to portray an erroneous perspective.

• Transferring the events revenues and expenses out of the golf course fund is a step in the right direction (recommended a year ago).  Unfortunately the actual financial status of the events business is still not transparent as it is now hidden in the general fund.

• Glad to see that the “grill” was shut down.  Sammy’s is a for-profit business and the only reason they would agree to operate out of the Golf Course Club House would be if the rents they would pay the City would allow them to be profitable.  Thus the question: are the rents being charged Sammy’s covering the actual capital and operating cost of the use of the building space?  If the rents do not cover the actual costs, then the citizens of Cedar Hills are subsidizing Sammy’s.

• City admits general fund transfer to cover losses not covered by property tax.  Now the transfer will not be disguised as a loan and hidden by an obscure accounting manipulation.

• The explanation that the budgeted revenues were over estimated and therefore lead to a higher losses because budgeted subsidy was under estimated is misleading.  The golf course is losing more money than anticipated because not enough golfers are paying to golf in Cedar Hills.  It is not a budgeting problem.

• Budgets do not provide an indication of the financial status of the City.  Residents should be given a summary of the audited financials that show the operating revenue and expenses along with all subsidies for all years, current and past.

• Golf course financial details still add property tax subsidy to revenues.

For the complete analysis, please see this PDF… CHCRG Analysis of _State of the City Report 2013_.pt 1 of 2

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A group of citizens living around the Walmart area — not connected directly with CEDAR HILLS CITIZENS FOR RESPONSIBLE GOVERNMENT — have been circulating the attached flyer, provided here as a public service.

The flyer begins as follows:

DID YOU KNOW?

About the proposed development south of Walmart?

Are you aware that a developer has proposed plans to build a 300 UNIT 5 STORY (600 residents age 55+) apartment complex at the roundabout?  The city code allows for a 35 ft w story building height, but that’s for buildings that are not set back far from the sidewalk.  Sine this building will be set back, this restriction doesn’t apply.  It will be HUGE!  No privacy or view for those who live around it.

To read the complete flyer click this PDF…

CH Development Did you Know flyer and map

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Friday, October 18, 2013 a conference call requested by Cedar Hills Citizens for Responsible Government (CHCRG) was facilitated by Utah State Archives Ombudsman Rosemary Cundiff to negotiate possible options on fulfillment of our GRAMA request for emails & texts.

The follow-up email was sent yesterday, Monday Oct. 21st, to Rosemary Cundiff, CH City Recorder Colleen Mulvey, CH Attorney Eric Johnson, and CHCRG legal adviser Jerry Dearinger.  The email was also CC-ed to the CH Mayor, Council and City Manager and a few CHCRG members.

We hope the negotiations may resume, therefore, we will not provide further details for now.

Rosemary, Ms. Mulvey, Jerry, and Mr. Johnson,

Thank you all for being willing to attempt a negotiation via Friday afternoon’s phone conference, under the capable guidance of Utah State Records Ombudsman Rosemary Cundiff.  Much appreciated.

We look forward to the follow-up information and research from Rosemary, which will help us, Cedar Hills Citizens for Responsible Government, determine how we may want to proceed.  Our understanding is that the City is not interested in negotiating timing, content, quantity or delivery approach of our October 1st GRAMA request, instead suggesting that we file a new GRAMA request.

While disappointed, we also know we have no control over the City’s decision nor expenditure of legal fees that City officials may choose or not choose to incur as Cedar Hills Citizens for Responsible Government seeks to obtain the public record.  We believe that providing the public documents clearly serves the public interest and should be provided for free, as encouraged, under Utah State Code.   As done last year, once the public record is obtained we intend to share and publish it for the public.  We hope the Records Committee will not be required to make this decision on this again, but recognize that as a possibility.  Nevertheless, we will do what is necessary for public record transparency in Cedar Hills.

We believe that a public record that is properly maintained and easily accessible to the public, not only protects the taxpayers from potentially bad government action, but it also protects the government officials from their own questionable decisions by just knowing the public may ultimately become aware of their words and deeds.  Good, easily accessible public records are a protection.  Everyone benefits by records transparency!

In the meanwhile, may we offer some help on one item?  There was some apparent confusion on if we had ever put a “litigation hold” on CH records.  I think the response from the City was we, “don’t know what you’re talking about,” said more than once.  Below is information, as originally sent May 7, 2012 and subsequently provided to a number of other officials, that may help refresh our collective memory.

We respectfully remind the City, not knowing if the City attorney immediately advised all the parties named in our October 1, 2013 GRAMA request, that because of the GRAMA request as well as the “litigation hold”, that City records, currently maintained by the City Recorder or not, — cannot lawfully be destroyed.  We trust all have been properly advised.

Thanks again for at least being willing to talk.  We will attempt to keep this “open door” negotiation option open as long as possible.

Respectfully,

Ken Cromar
Researcher for…
CEDAR HILLS CITIZENS FOR RESPONSIBLE GOVERNMENT

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The City has responded to the GRAMA request by Cedar Hills Citizens for Responsible Government (CHCRG) with a fee demand of $2,320, possibly more.

This is unacceptable.

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In our GRAMA request we reminded the City, “…According to Utah Code 63G-2-201:

Right to inspect records and receive copies of records.

(1)  Every person has the right to inspect a public record free of charge,

and the right to take a copy of the public record during normal working hours,…

(see GRAMA request PDF… 10-1-13 GRAMA Request – Cedar Hills Citizens for Responsible Governement )

The City responded, “The records you request are not kept or maintained by the City in the organization or format you desire.  Without compiling records, the City cannot provide any documents.”   (see City Response to GRAMA request PDF… Response to GRAMA Request dated October 1, 2013 )

What a strange response to a simple request.  We did not “desire” or request the public records in any format or organization — simply “as is” in whatever form the City keeps them — we don’t care.  Our request  reads:

• “To be perfectly clear, this is NOT a request that the city organize, compile, format, manipulate, package or tailor the email and text records in any manner whatsoever…  Simply an inspection [of] the records as they are maintained.”

What part of “as they are maintained” does the City not understand?  Does the City have the emails as required by law?  Then, that’s the form we want to review them in – as is!  If they want the attorney to review them, that is their choice, but State Code doesn’t allow the City to charge the requester for legal review.  If the City has the email records they are supposed to, a simple word-search would allow them to find the GRAMA requested emails almost instantly.  We’re trying to keep it simple and free.  The City seems to have other objectives.

Why is it so easy for City officials to so quickly spend other people’s money?

City Council Candidate Rob Crawley (a CFO and former CPA) has attempted to negotiate a solution between CHCRG and CH City officials.  Unsuccessful, he requested a written response:

Rob,

Thank you for your generous offer to negotiate between CH City officials and our Cedar Hills Citizens for Responsible Government.  It is very kind of you to brave these waters and try to help.  We, in our group, are reasonable people, and hence have been willing to consider any written counter-offer by the City of CH to our lawful GRAMA request.  You have explained that the City is not willing to do this.

New actions on the part of the City, via their written response to our GRAMA request now make your efforts a mute point.  The City claims in their letter that our GRAMA request would take 80 hours to fulfill, possibly more, and want to charge $2,320 at $29/ hour.  This is unacceptable.

Therefore, this morning, I contacted the Utah State Archive Ombudsman to request her help to contact the City Recorder to ask to request a private phone conference.  The City agreed to my request through her, and we will be talking later this week.  As I said, we are reasonable people — simply seeking what is supposed to be an existing Public Record available for anyone to review.  (BTW, we similarly requested the Ombudsman’s help last year.)

You may quote me on the Forum if you choose, but only in whole, never in part.  Thanks in advance.

As you would understand, it would be inappropriate and unwise of us to say anymore regarding this issue for public consumption.

Thanks for Your Courageous & Noble Attempt,

Ken Cromar – Researcher for…

CEDAR HILLS CITIZENS FOR RESPONSIBLE GOVERNMENT

“Giving money and power to government is like giving whiskey and car keys to teenage boys. “ ~P.J. O’Rourke

If the trend holds consistent, sometime tomorrow, – at the very end of the 10-day period allowed for the City to respond to our new GRAMA request for email & text message Records – the City will tell Cedar Hills Citizens for Responsible Government (CHCRG) how they will provide the documents.  The City has no choice.  The good news is that State law requires them to provide the Public Record to anyone who asks.  Where they do have a choice though, is on how much it will cost taxpayers.

In advance of their response to our GRAMA request tomorrow, we thought it might be helpful to encourage the City to avoid choosing to again unnecessarily waste taxpayer money in legal fees.  (“$30,000” last time, though we believe probably much more.)

There are two main approaches they can choose;  the 1.) FREE way, or the 2.) EXPENSIVE way.  We recommend the FREE way.

Please remember, CHCRG has ZERO power or influence over how the City chooses to obey the law and expend taxpayer funds.   City spending decisions are 100% in the hands of the Mayor & Council who “hold the purse-strings” on all financial decisions through their votes on the Council.

Here are some cost-saving reasons why we believe THE CITY SHOULD WANT to provide CHCRG the Public Record for FREE:

#1 – Newspapers comments.

Last year, City leadership was publicly chastised for not providing public documents for free, and a number of other errors, saying that, “…Disclosure is precisely in the public interest”.   See…

SL Tribune & Daily Herald come to our defense!

#2  – List of Emails exposed on CHCRG.

Remember: These emails are in their words, — not ours.  These are Public Record business issues your City leadership thought you would never know about, and tried to stop you from having this information.  Why?  The reasons may become clear when you read what they wrote:

Secret Emails Exposed – #1 “Throw existing Council under the bus”

Secret Emails Exposed – #2 Former Mayor Brad Sears involved?

Secret Email Exposed – #3 Smoking gun – “Korihor soldier”

Secret Email #4 – Mayor: “Beer Tavern license”, -but “after the election”

Secret Email #5 – Councilmen Gary Gygi & Scott Jackman proposed $5/month tax increase

#3 – CHCRG has and continues to applaud Council-woman Jenney Rees

We are grateful for her when she has shown, “…strong championing of the voice of many residents who are in favor of true open, honest and transparent government, especially on controversial items like the city facilitating alcohol service and expenditures over $400,000 without full-disclosure…”.   In other words, when anyone is fighting in behalf of “open, honest and transparent” government to protect Cedar Hills families and finances, WE ARE ON THE SAME TEAM.:

Council Breaks Laws Again! Votes for alcohol in “Family Rec Center”

(See our support of Council-woman Jenney Rees’ championing of truth, also documented in “Emails Exposed #1” above.)

#4 – Get your copy of the previous 6000+ pages GRAMA request from CHCRG for FREE.

Though the City charged us $766, we won’t charge you anything.   Just ask for your free copy via email at Info@CedarHillsCitizens.org or click at end of this email…

“CH lawyer blames his high legal bill on citizen group”

In conclusion:  The public being able to have easy access to the Public Record is not about Cedar Hills Citizens for Responsible Government, or about Ken Cromar (who serves as one of our Researchers), or anyone else.  It’s all about “open, honest and transparent” government.

The Daily Herald Editorial Staff summed it best when they wrote in their defense (see subject 1. above) :

“The city should welcome Cromar’s effort [in behalf of CHCRG] to clear the air, even if it views him personally as an annoying and unwelcome antagonist.  This isn’t about Cromar: It’s about shining light fully on a difficult period in city history.

“In that sense, disclosure is precisely in the public interest.  Mayor Gygi should step above perceptions of petty politics and recognize that.”

We agree with the Daily Herald!  We also believe that most people in Cedar Hills will agree too – IF they are allowed to access to the facts.

As mentioned above, there are two main approaches; 1.) the FREE way, or the 2.) EXPENSIVE way.   We, at Cedar Hills Citizens for Responsible Government strongly encourage the City choose to save taxpayer money, quickly be “open, honest & transparent” by immediately providing the Public Record for FREE.

Providing the Public Record will better serve the public interest in open government, it will protect City Officials who act honestly and honorably, and also save taxpayer tens and tens dollars in needless legal bills.

This financial choice is 100% in the hands of the Mayor & Council – not CHCRG.

Shakespeare’s Hamlet:  “The lady doth protest too much, methinks.”

Apparently a City Council woman is very unhappy about the fact that Cedar Hills Citizens for Responsible Government (CHCRG) would make a new request the City to provide Public Records for free.  We’re told that she has typed many words and accusations about the matter at www.aboutcedarhills.org

Last year, CHCRG made a GRAMA request asking for an electronic copy of ALL emails between Mayor, City Council members and the City Manager – from whatever email account City or Personal.

Ooops! City Officials weren’t doing all their City business on their City email accounts.  Some subjects were dealt with on their personal accounts.   Now, this isn’t against the law, — but only IF they provide copies back to the City Record as part of the Public Record.  They did not – and it took an ORDER by the Utah State Records Committee to get them to do it.

Apparently, the Mayor, Council and City Manager thought no one would ever see these emails. Unfortunately for them, the City Manager himself made a silly mistake.  He wrote an email complaining one of our CHCRG member’s GRAMA request for records about his princely pay, and generous personal perks which totaled over $155,000 /year.  His mistake was that he sent the email to the Mayor and Council’s personal email addresses, and in an apparent effort to ridicule and intimidate her – “CC-ed” it to her.  That was a big mistake.  That’s when we wondered, well, if there was one “off record” email exchange using their personal email accounts, could there be more?

Oh, there was more alright!. A lot more!  Thousands of pages more.

The City likes to attempt to intimidate and ridicule CHCRG by trumpeting that our GRAMA request cost taxpayers “$30,000”.  We don’t believe it.  We think they spent a whole lot more.   (Possibly as much as the $120,000 in attorneys fees over 18 months.  We don’t know the exact amounts because the City wouldn’t provide the details.)  The City claims that the reason they fought to make sure we paid $766 in GRAMA request compilation fees was because they considered the request for my – Ken Cromar – personal benefit rather than for the benefit of the public.

The law in Utah State Code 63G-2-203, states that…

(4) A governmental entity may fulfill a record request without charge and is encouraged to do so when it determines that:
(a) releasing the record primarily benefits the public rather than a person;

So, here’s the obvious question that should be asked:  “What intelligent, frugal, true guardian of taxpayer dollars thinks it wise to spend $30,000 (or more) to collect $766?”

In the end, the City Officials lost.  The Utah Records Committee ORDERED the City to collect the email records, – and to provide them to CHCRG.  (State Law required the City to keep City business emails sent on personal email accounts with the City Recorder, but they chose not to until they were ORDERED to do so.)

So, now that we have made a second request for similar email records and texts now, the appointed-Mayor and Council are acting surprised and upset, and trying to propagandize the issue into making us look bad for asking for the public record.

Doesn’t this remind you of Washington DC funding shut-down of the WW2 Memorial so 90-year old veterans in wheelchairs can’t see their own memorial, — but then hypocritically spending much more money to fence it off, and put guards around it to stop folks from getting in?

We, at Cedar Hills Citizens for Responsible Government, have a few questions for the Council and City Staff:

1.  What are the appointed Mayor & Council trying to hide this time?

2.  Did the Council not learn anything from the last GRAMA request for public records?

3.  Did they not anticipate that there might be future request to similarly see the Public Record – and hence pre-sort their emails as they go?

4.  Did any of them read the 6,000+ pages of email records that Utah State Records Committee ORDERED the Council to provide to us at CHCRG?

5.  Does the current Council support the things that were written in those emails and think it appropriate that City official were trying to illegally withhold or hide public record in this literal/actual proven conspiracy?

6.  Do they not realize that we at CHCRG are trying to help them be “open, honest and transparent”, whether they want to be or not – for the sake of protecting CH taxpayers dollars?

7.  Do they not think that there will be additional future GRAMA requests to obtain the Public Record?

The appointed-Mayor and Council, and their handsomely paid attorney, made another miscalculation.  Despite their charging us $766 for our copy of the records we obtained via our GRAMA request, you can your own copy, FREE of charge, for the asking via email request to…  Info@CedarHillsCitizens.org

Yes, it appears, “The lady [and Council] doth protest too much…!”

If you tell the truth you don’t have to remember anything.  ~Mark Twain

New GRAMA Request for Emails & Texts – submitted to City Oct. 1, 2013:

We, Cedar Hills Citizens for Responsible Government, respectfully request access (Utah Code 63G-2-102) to all email and text records, from whatever source City, and/or personal email and text accounts, etc., from April 1, 2012 to present, in their current form, between any and/or all of the following individuals before, after, or during their term of Cedar Hills public employ, as current (Oct. 1, 2013) & then (April 1, 2012):

• Mayors and City Council members,
• City Managers, Assist. City Managers,
• City Recorder and any assistants,
• Finance Director (and/or CFO positions) and Department Assistants,
• Golf Course Managers & Assistant Managers,
• Gretchen & Greg Gordon,
• and former Mayor Brad Sears.

It is presumed that the records, which are electronic in origin (“electronic mail” or “e-mails”), are cost-effectively maintained as such, and it should be a simple thing to allow access to those existing records, as is, and do so FREE of charge and is “encouraged to do so”, — according to Utah Code 63G-2-201: …

… Additionally, we assume the City has also learned [from our similar request last year] that spending reportedly $30,000 (and possibly as much as $120,000 – exact amount is unreported) in City legal fees, in an unsuccessful attempt to withhold and/or not secure legally required public documents until ORDERED by the Utah State Records Committee to do so – on the proclaimed “principle” of $766 in records gathering fees.  May we respectfully point out that “$30,000” for the sake of “principle” is significantly more than $766 or FREE. …

For the complete GRAMA request, open this PDF… GRAMA Request by CHCRG – City Emails & Texts 1Apr2012 to present

“Government does not solve problems; it subsidizes them.” Ronald Reagan

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An Open Letter to the Cedar Hills Mayor & Council,

As you know, we are an ad hoc group of concerned Cedar Hills Citizens for Responsible Government (CHCRG).  One of our main objectives is to discover and share with CH residents important information about their government — not otherwise provided by the City.

The single most significant financial issue the City faces is the multi-million-dollar golf course. As you know (but the public doesn’t) the golf course has lost over $550,000 average every year, with last year’s losses of $719,000 — being the worst year ever.

The costs of related expenditures surrounding the golf clubhouse also continue to grow.  But the City has yet to communicate a straight-forward, easy-to-understand presentation of these critically important and basic financial facts to its residents.  Why?  How can the city claim to be “open, honest and transparent” without sharing this information?  Numerous requests of you have been made. Selective transparency is no transparency at all.

IT’S TIME for the City to correct the record with full-disclosure of the year-by-year golf course losses immediately.  We respectfully point out that this can and should be done on the front page of the October Newsletter.  There is no more important financial city issue that affects the CH taxpayer than this golf course.  FULL-Financial disclosure would allow CH taxpayers to be fully informed prior to their voting in November.

The deadline for all submissions for the October Newsletter is 4:00 p.m. tomorrow.  This should allow plenty of time to open and review the final report of the Golf Course Finance Advisory Committee, after their “year-long search” for the financial facts.  (Note:  None of the financial facts changed from the City’s own Financial records, or CHCRG reporting of those numbers, within in the year-long research.  See the incomplete report at  http://www.cedarhills.org/node/1796   )

The City Newsletter is THE source of city related information — received by every household.  Please, simply post the complete and comprehensive heretofore unreported golf course losses (taxpayer subsidies) on the front page of the October City Newsletter.  It’s pretty short and simple.  The importance of this issue, justifies the removing items of lesser importance, if necessary.

Since the 2011 election, many of us from Cedar Hills Citizens for Responsible Government had hoped that when the financial realities were discovered that the new leadership would realize their ascent to power occurred under false pretenses and misinformation.  Hence, we hoped leadership would take advantage of the opportunities to correct the many misunderstandings, which have understandably contibuted to years of divisiveness.  (see “Money Trap in Cedar Hills” – The Daily Herald – November 6, 2011 – http://www.heraldextra.com/news/local/north/cedar-hills/article_74123cc0-c0e7-5820-81a4-038d88083c5e.html )

Truth is the antidote for contention. The Golf Finance Committee’s newly discovered truth should have been included in the most recent “State of The City” report.  But, unfortunately the continued withholding and the spinning of information was demonstrated in the full-color, glossy, expensive “State of The City” report.  This made it clear that our hope for transparency was in vain, and that nothing much has really changed since the six major resignations (the Mayor, City Manager, City Recorder, Building Inspector, CFO, and Golf Course Manager), including the former Mayor’s reported jail time and restitution for bank fraud, and the continued waste in legal fees in an attempt to withhold public records from the public.

Nevertheless we invite you to take advantage of the wonderful leadership opportunity before you, to clear the record and promote peace before the election, starting with the front page of the October Newsletter.

Most Sincerely,

Cedar Hills Citizens for Responsible Government and our many friends

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“Government does not solve problems; it subsidizes them.”  Ronald Reagan

Cedar Hills Citizens for Responsible Government (CHCFRG) has carefully documented here the questionable actions and financial waste of tax dollar by city officials, and has offered suggestions & solutions.  Unfortunately, the poor trend continues.

It appears to be time for new thinking and proven leadership in Cedar Hills.

Many of those on the City Council and city staff, while well-meaning and decent people, have proven themselves incapable of solving the financial challenges of our community.  As our taxes increase, and golf course bleeds money, and scandals boil, our property values decrease.

The OLD ways have NOT worked, — but have hurt our property values and family finances.  Compromises after compromise of our community values in the name of “profits” has not solved our problems.   And, we continue to lose more and more money each year, with no reason to believe the trend will change for the better.

With four out of six seats up for election, an opportunity for significant improvement can be voted for in November — if good candidates step forward to serve.

It’s time for fresh ideas.  Do you have fresh ideas?  Do you know someone who should run for office?  The deadline to file the Declaration of Candidacy is Friday June 7, 2013 at 4:00 p.m.

Notice of Municipal Offices to be voted on in the City of Cedar Hills Municipal General Election on November 5, 2013:

Mayor, four-year term; two (2) City Council Members, four-year terms each; and one (1) City Council Member, two-year term.

Candidate Filing Period begins June 3, 2013, and ends June 7, 2013. Declaration of Candidacy Forms or Nomination Petition must be filed in person with the City Recorder at 10246 N Canyon Road, Cedar Hills, Utah, between the hours of 8:00 a.m. and 5:00 p.m. A $35 fee is required at the time of filing for candidacy.

For complete information see City website posting at:  http://www.cedarhills.org/mayor-city-council/elections

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Hole in one or a sand pit? Orem holds hearing on Cascade sale

Daily Herald – April 14, 2013

After 43 years of a 99-year lease agreement with the city, Stratton announced in March that the Cascade Golf Center would be having its final season of operation….

“The market has been tough since the downturn and with all the new golf courses it has been a concern,” Stratton said at the announcement….

…Parks and recreation director Karl Hirst admits golfers are not happy and soccer players are.

“It’s a win with the recreation department,” he said.

Hirst has been seeking land to build more city-owned soccer fields, as their fields now are on loan from the cemetery and will have to be vacated in the next few years for cemetery expansion.

As part of his proposal, Pedersen will donate to the city a 20-acre park with infrastructure completely built out. That buildout will include –

“three soccer fields, tennis courts, a playground, one large and one small pavilion and areas for lacrosse and other field sports.”…

NOTE:  Cedar Hills Citizens for Responsible Government has long encouraged the City to fully inform the citizens about the average $550,000+ per year losses, and $719,000 last year in taxpayer subsidies – the worst ever.  We have also encouraged the City to consider alternative uses of the green-space that would benefit ALL Cedar Hills families, — not just provide cheap golf for the 1 of 10 who may golf.  Contact your City Council and ask them to increase our property values and lower our taxes by being financially responsible and transparent and considering  ALL golf course land alternatives.

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