LeBaronLogic

My Endorsement of John Dougall for Auditor, State of Utah

"I am unequivocally endorsing Rep. John Dougall as Auditor for the State of Utah. As a former two-term American Fork City Council Member, I was personally aware of John's interest in local affairs. He was accessible, informative and educated himself with our needs. He will do the same statewide. Rep. Dougall will serve Utah well with the depth and breadth of his skill set.  He works tirelessly, is meticulous and is beholden only to Utah's stakeholders, the taxpayer's."
~ Shirl LeBaron

American Fork: An Eight Year Look Back

                                                           

Naturally as transitions come in ones life an assessment is usually made. Tuesday was my last City Council Meeting as a Council Member in American Fork City. Choosing not to seek a third term; my last day in public office will be December 31. 

I enjoyed my service, the citizens, staff and fellow elected officials. I worked with some dedicated servants; three mayors in Ted Barratt, the late Heber Thompson and  J.H. Hadfield. City Council Members I have had the privilege of sitting and serving with were Juel Belmont, Keith Blake, Rick Storrs, Tom Hunter, the late Jimmy Cates, Dale Gunther, Heidi Rodeback, and Sherrie Kramer. 

Some City accomplishments of which I participated in my first and second terms (not in order of importance). It was an eventful few years: 

• New Library: a significant addition to the fabric of our community 
• Secondary irrigation system: This has assured us of water for many decades. This has made it possible to utilize the irrigation shares and other surface waters we have been collecting over the years without the need to construct a water treatment plant. 
• The Meadows shopping Center and Alpine Valley Centers. These projects have greatly increased our tax revenue and our contribution to make it happen has now been paid in full. 
• The RDA/Recreation and Cultural Project Bond issue which made it possible to add significantly to the City's parks and recreation facilities including:
• The Skate Park 
• Expansion of the Fitness Center with leisure pool 
• Boat Harbor upgrade and new boat docks 
• Amphitheater improvements - lighting, rock walk-way, sound system, flower garden
• Trails, disc golf and Art Dye improvements 
• Renovated beautiful and Historic City Hall with excess and saved funds 
• Historical Buildings ordinance
• Partnered with Amercian Fork HS Marching Band in a Presidential Inaugrual Parade, Macy's Thanksgiving Parade and the Parade of Roses in California. 
• Landscape ordinance 
• Sensitive lands (south of freeway) ordinance 
• Construction of 1120 North has commenced, at long last.
• Survived the downturn in the economy without reducing essential services or reduction in workforce as other cities were forced to. 
• Completion of Fire/Rescue Building including new ambulances and new fire truck 
• Implementation of Paramedic Services 
• Update Police Fleet and increased wage package
• Implementation of Double Deep burial policy which conserves land and space 
• Started a recycling program
• Major upgrades, improvements, club house and replacement of 40 year old irrigation system at Fox Hollow Golf Club. Only lighted driving range at a championship golf course south of point of mountain. 
• Reinvigorating the Am. Fork Youth City Council with new Charter
• Main Street visioning Project started 
• Major Hires in City Administrator, Fire Chief, Police Chief, Recreation Director and City Engineer
• Roads maintenance priority and master plan implemented 
• Capital Improvements 5 year plan instituted 
• Adopted Simplifed Rules of Order and Procedure - to help facilitate meeting orderliness and communications. 
• Overhauled the city website (additional tweaking coming) 
• Adopted a new logo and made it uniform throughout the city. 
• Set Strategic Goals and Objectives.
• Began process for a Justice Court in American Fork. 

                                                                              

My e-mail to Fellow Elected American Fork City Officials and Those to Take Office Re Non-Discrimination Ordinances

The following is my edited e-mail to fellow Elected Officials in American Fork (as well as some editorial comments). 

Dear Colleagues,

I have spent some time over the weekend in further study, discussion and contemplation regarding the above. My position and reasons are set forth below.

My Position: I cannot support both Non-Discrimination ordinances as written or amended. Nor will I vote in favor of a non-binding Resolution.

My Reasoning: (In no particular order. It is further non-exclusive. Please excuse repetitive arguments made in previous meetings).

• No demonstrative need. (There has not been a documented case of discrimination in housing or employment in American Fork). Note: This fact was acknowledged in a November Work Meeting. Nothing has been submitted since. As a proponent of limited government; if there is no need, don't legislate.                                                                                                                      
   
• Terms and content of the ordinances are not clearly identified. they are fundamentally flawed. Self defined terms are difficult to interpret and enforce. 
• Privacy issues exist. Transgenderness creates issues among co-workers.
• The ordinances protect an unprotected class; even though it states it is not creating a special class, it does. The class in this ordinance (sexual orientation and transgenders) seek protection, yet does not want to be a protected class.
• The ordinances legislates perception. How do you determine or sort that out? 
• Costs and Administration are undetermined. Costs? Unknown. Who will administer it? The Mayor's Office. Is that a good idea? 
• More and longer Public Process is needed. From Salt Lake City's own Intra Staff Memo dated November 9, 2009 states the following:  SLC spent 2 years studying and researching similar ordinances. American Fork has spent less than 2 months. Many businesses as well as citizens have not heard about the ordinances. In over 2 months, Salt Lake City held 5 "Dialogue on Discrimination Series,"  meetings in different venues and discussed all forms of discrimination. SLC invited the public, stakeholders and business owners. Focus groups were formed after the dialogue and/or presentations. SLC commissioned Westminster College to conduct an exhaustive city wide scientific survey. SLC also had an ongoing Public Comment period. American Fork City has had 2 work sessions, where public input was limited, with little notice. One 20 minute Public Hearing is scheduled Tues 12/13 at 7p. Not enough due process for the public and all stakeholders. 
• Ordinances such as these should have input, if not actual legislation from the 2012-2014 incoming City Council. (Not that we should "punt" or shy away,  but the question here is not "ripe" and is hasty). The incoming City Council will have to enforce the ordinance. 
• The Poll referred to by ordinance supporters regards state legislation not municipal. 
• The LDS Church has not called for statewide adoption of SLC's ordinance. Mr. Otteson from the Church will not be in American Fork on Tuesday night. 
• There are too many unknowns. 

 Thank you for your consideration. If you have any questions, please don't hesitate to  call.

 With best regards and yours

 in American Fork City,

 Shirl Don LeBaron

 American Fork City Council Member 

802 e. bamberger dr. ste b                                                                                               american fork, ut 84003                                                                                                               [email protected] | www.afcity.org                                                                                                 www.lebaronlaw.com | www.twitter.com/shirllebaron

 

       

E-mail is not a secure transmission medium and should not be used to communicate confidential information. This email does not create a commitment nor is it an official representation of any kind by the City of American Fork. This email also does not create an attorney-client relationship. If you elect to send or receive information via e-mail, Mr. LeBaron cannot assure its security and will not be held liable if it is intercepted or viewed by another party. The information in this e-mail is may be confidential and may be legally privileged. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted based on information contained herein is prohibited and may be unlawful. If you are not the intended recipient, please reply to the sender that you received this e-mail in error, that you have deleted this e-mail and have destroyed any and all copies of this e-mail.      

 

All Roads Lead to American Fork, Utah (or your community).

Let's talk roads in American Fork, (or in your community) an essential service of a all cities and towns.  Roads present challenges financially  and logistically. Building new roads and maintaining existing roads is one of the continuing top priorities of the American Fork City Council and staff. There is a difference between Main Street improvements and other streets. Main/State Street is a state highway maintained by state funds. Lets review some road issues: 

The regular funds the City receives from the State thru gasoline tax is approximately $700-800,000 annually.

Two years ago the Council passed a property tax increase that added $500,000 for additional road maintainance.

The maintainance funds have to cover repair, crack seal, microseal, etc on existing roads. In addition, the cost of snow removal in the winter comes from these funds.

Periodically we receive grants for road improvements such as the Federal Grant for 50 South between 700 East and 1100 East which includes traffic semiphores at 700 and 1100 East. We also received a Grant from MAG (Mountainland Association of Governments) for 900 West from State Street to 1120 North. (Recently Utah County traded us those funds for Geneva Road, enabling us to start the 900 West project in April 2012 instead of 2013-2014). I believe the amount of the Grant for 50 South is over $1,000,000 and for 900 West $3,500,000.

As we all drive the city streets, we see that there is inadequate funding to cover more than the main arteries. There are some subdivisions that are 40-50 years old that have not had any maintainance since original asphalt was placed. Some or most are so bad they will have to be ground up and replaced at a cost estimated at $2-4 per square foot. When we were evaluating the secondary irrigation system, we asked Horrocks to estimate the cost of restoring the whole streets instead of just the width of the pipe trenching. Horrocks estimated that it would add $20 to 30 million to the cost. Since then asphalt prices have increased substantially. Current estimates from our Engineering Department are from $40-100 million to make the necessary restorations.

As we consider budgeting funds for such an undertaking, we look at the maturities of our Bonds to see how we can cover such needs. We have and continue to plan and budget for long term needs for essential services. Roads are one of the top priorities of this Council and the new Council to be installed in January. ~ Shirl (Special thanks to Council Member Dale Gunther for contributing) 

 

 

 

This and That . . .

Comings and Goings at American Fork and Beyond (Random Style):

• The Annual Mary Kawakami Speech Contest in American Fork was held Saturday. Click here for more information. A wonderful event to be sure.
• City Elections for three (3) A.F. City Council Seats are up for Tuesday's General Election. Names on the ballot are: Marc J. Ellison, Brad Frost, Robert Shelton, Ricky K. Storrs*, Clark P. Taylor and Scott E. Twitchell, *incumbent. City Government is that body that is closest to the people and provides essential services.  Please get out and vote in A.F. or your community if you haven't voted early. 
• Veteran's Day Service in A. F. will be Friday 11-11-11 at 11am at the Alpine Tabernacle at 100 E. Main. (venue subject to change)
• BYU Football QBs - Moving outside the city confines; is it Riley Nelson or Jake Heaps? Well that's been settled for now, it's Riley (per Cougar Coaches). Both QBs bring strengths and  both will be needed to win out and either take on Southern Methodist or Southern Miss in the Armed Forces Bowl on Dec 30 in Fort Worth, Texas. 
• LSU is #1 in the BCS Standings!  I graduated from the LSU Law Center, married a Loooziana girl and all four (4) of my children were born in the same Women's Hospital in Baton Rouge; sooooo needless to say the big victories over Oregon, Auburn, Florida and recently #2 Alabama were cause to celebrate. But while a fan of the Bayou Bengals, I am no fan of the elitist BCS and the cigar smoke filled back rooms with racoon coated Big Shots that exclude for the sake of excluding. I am hoping the BCS Title game busting Boise State Broncos go undefeated and along with LSU (being the only undefeated teams) play in the Big One. 
• Athletic Conference Realignment . . . Yawn! Wake me up on this one when there is actual news.
• GOP Presidential Politics: I like Newt. There I said it. He's smart, experienced and conservative. I don't care about anything else about him, really. He could beat Obama and the Presidential Debates would be oh so delish!

Well, there you have it for an early Monday morning, Daylight Savings Time Edition. I welcome your input, comments, equal randomization etc. 

Tanner LeBaron receives his LDS Mission Call

                                                          

Our youngest child Tanner,  recently received his LDS Church mission call. He will be serving for two years in the New York New York South Mission, Spanish speaking. The mission includes 3 of the 5 boroughs of NYC; Staten Island, Brooklyn and Queens; as well as Long Island and Bermuda. Tanner will enter the Missionary Training Center (MTC) in Provo, Utah for 12 weeks prior to departing for New York City. He is thrilled about his assignment. 

                                                            NYC Flag (click to enlarge)

For my non LDS friends: Why Mormons send missionaries around the world and what missionaries do is briefly discussed here.  (Please scroll down a bit).

The NYNY South Mission website is here.

Tanner's great -grandfather served in the Southern States Mission in 1920. His grandfather also went to the Southern States Mission in 1950. I was called to the Louisiana Shreveport Mission in 1975 (becoming the LA Baton Rouge Mission when the Arkansas Little Rock Mission was created in March 1975).  Tanner's older brothers Trent and Justin served in the Texas Houston and Ohio Cincinnati Missions repectively, also Spanish speaking as is Tanner. 

Tanner is currently attending Western Wyoming Community College in Rock Springs, WY playing basketball. He is "redshirting," which means he is a member of the team, practices, works out and travels, but does not play in games. This preserves a year of college eligibility. When he returns from his mission in December 2013, he will enroll in the spring semester and play the following 2014 - 2015 basketball season as a redshirt freshman. I will post Tanner's address in December when he leaves. 

 

Free (as in "Free", no strings attached) Legal Clinic October 25

Through a joint effort between Utah Valley University’s Legal Studies Program and the local legal community, people will be able to receive free legal advice at a Clinic scheduled for October 25 from 6-8:30pm in the Timpanogos room at UVU Library, Orem Utah.

New Feature on American Fork City Website

Need a city ditch cleaned out? A pot hole about to gulp your car? How about weeds in your fave park? Well . . . if you have a service that American Fork City staff can and/or should help you with go ---> here 

Question: Has One arrived perhaps like a certain QB if One's Tweet is published? (Scroll down the article) I did though forget my *sarcasm emoticon* Enjoy, espec. the vid which I didn't do

Go here --> http://sfy.co/IeY  Yes the title above is longer than the body here.

Please, please do not tell my mother, who was an English teacher. (This sentence does not count as the body of this post). 

2011 American Fork City Council Candidates to Debate

 

                                                         

The American Fork City Council Candidates Debate will be held Thursday October 27, 2011 from 6:30 to 9:00pm at the American Fork Senior Center, 54 East Main Street, American Fork, Utah with parking in front of and behind the Library.

The event is sponsored by the American Fork Youth City Council. The Moderator will be Tamara McMurray an AP Government teacher at American Fork High School and American Fork City citizen.

The six (6) candidates for three (3) four-year terms are Marc Ellison, Brad Frost, Robert Shelton, Ricky K. Storrs*, Clark Taylor and Scott Twitchell. (*incumbent) The event format will include a brief "Meet and Greet" at 6:30p, The Formal Debate will be at 7p (with questions submitted beforehand by the Youth Council, Public and the Moderator). Individual Q. and A. following the debate from 8:30 to 9pm.

The General Election is Tuesday November 8. Early voting begins Tuesday October 25 through Friday November 4.

The public is invited and encouraged to attend the debate. 

                                                          

 

News You Can Use: In Case of a Motor Vehicle Accident

IN CASE OF A MOTOR VEHICLE ACCIDENT 

 (You may copy, paste, reduce and place in glove compartments of all of your vehicles along with registration papers and proof of insurance if you would like).

• Call 911 to notify police and obtain any medical attention needed.

• If you do not need immediate medical attention, don't move vehicles unless notified by police. If vehicles need to be moved for safety reasons, take pictures of vehicles after impact (inc. pics of damages to both vehicles) with your camera on your phone.  If the police ask for a written report. Tell them that you do not feel like giving one "at this time."

• Do not admit fault (even if you think you are at fault). This admission can be used against you. Discuss accident only with the police, YOUR insurance company, family members, medical providers or your lawyer. 

• Write down pertinent facts (see space below):

    a.  Names and addresses of all persons involved:

 _________________________________________________________________________

 _________________________________________________________________________

        (drivers, owners, witnesses, injured parties, etc.)

 

    b.  Date, time and location of accident.

____________________________________________________

 

    c.  License plate numbers of all involved vehicles.

____________________________________________________

 

    d.  Insurance information on all involved vehicles.

___________________________________________________

• Seek medical attention by ambulance or private vehicle if you are injured. When being treated report accurately what specific part of your body was injured. Give an accurate history. (Note that because of the epinephrine rush and anxiousness, injuries may not manifest itself for hours or days). If asked if you are injured at the scene, and at the time you may not see or feel any apparent injuries, say "not that I can detetrmine at this time."

• If the police give you an accident report number,  write it here #__________________

• At a later time at home, write a brief statement of the facts of the accident, how the accident happened and pertinent details. Do not give to anybody but your insurance company or your lawyer. Once given to your lawyer it becomes privileged and cannot be given to anyone else without your permission. 

• Do not discuss the accident with the other drivers insurance adjuster, refer them to your attorney. Do not give a recorded statement AND do not sign anything.

• Contact your insurance company to report the accident. ph. #__________________________________________

• Call your lawyer. ph. #________________________________________________

• Keep receipts of medical, prescription, towing and property damage costs.

• Document lost wage information at a later time. A statement by your employer on their letterhead will suffice. Your lawyer can help with this. 

• Start keeping a daily journal regarding your injuries, pain level, sleep patterns and your ability or inability to do certain things.

Disclaimer: This post is for educational purposes only and does not create an attorney/client relationship. For more information contact an attorney in your jurisdiction. 

Courtesy: LeBaron Law Offices: 801.756.6288

 

Welcome to the American Fork Youth City Council 2011-2012

AFYCC 2011-2012                       

• Meg Rodeback*, Youth Mayor                         
• Gentry Tolton*, Youth Mayor Pro-Tem              
• Laura Hampton*, Council member                
• Carter Payne, Council member   
• Alison Barlow*, Council member   
• Taylor Shumway, Council member  
• Nicole McDaniel*,  Recorder  
• Department Heads, Committee Chairs/Members: 
• Haley Johnson  
• Ashley LeBaron  
• Shannon Madigan  
• Makenna Kramer 
• Brook Dunyon 
• Alexis Wall  
• Sarah Matheson
• Emily Shunn  
• Katie Heeder
• Gentri Clements

Randy Lish - Reappointed AF Youth City Council Advisor

* Involved with the Youth Council in 2010-2011

OUTGOING members receiving Community Service Awards and recognized for their outstanding leadership in 2010-2011 were: 

1. Nathan Boettcher, Youth Mayor
2. Jaclyn Johns, Youth Mayor Pro Tem  
3. Nathan Barlow, Council member 
4. Kendall Orton, Council member  

 (Note: Above reappointed YCC members will be recognized for their two years of service). 

        

 

LeBaron Law Offices - Help Wanted: Full Time Secretary/Receptionist/Property Management Assistant

JOB OPENING:                        

       

Full Time Law Offices Receptionist/Secretary/Property Management Assistant

American Fork, UT.  Can start immediately.  Hourly Wage DOE

Job Description: (This is a long term career track position)

Full-Time Law Offices Receptionist/Secretary/Property Management Assistant to work 8-5p M-F. Answer phones, greet clients, file maintenance and calendar upkeep. Also includes general legal secretary duties inc. document prep, file maintenance, research & basic bookkeeping. Law Practice involves Personal Injury, Family/Divorce, Criminal Defense, Bankruptcy, Estate Planning and Business. Currently a three-attorney firm with one paralegal. The successful candidate will also be involved with commercial and residential property management. This is a long term non-benefits position.

Click the following links for more info: 

Website: http://lebaronlaw.com

http://facebook.com/LeBaronLawOffices

http://twitter.com/lebaronlaw

http://twitter.com/ShirlLeBaron

http://linkd.in/shirllebaron

Blog: http://lebaronlogic.com

Job Requirements:

• At least ONE (1) YEAR LEGAL OR PROPERTY MANAGEMENT EXPERIENCE. (Preferred) Excellent office and clerical experience may be substituted. A.D. or equivalent. 
• Strong people skills. 
• Excellent written and verbal communication skills.
• Have strong Microsoft Office application skills. 
• Ability to learn new tasks quickly and efficiently.
• Operate independently, without supervision, if needed after orientation and training.
• Demonstrate initiative and focus on detail and organization.
• Understand the importance of confidentiality and privileged communications.
• Ability to work swiftly but carefully.
• Organize and prioritize time and tasks.
• Receive rents and communicate effectively with tenants, service providers and vendors.
• Work effectively and with others in high pressure environments and on tight time lines.

How to Apply:  email: [email protected]  w/resume, references and wage requirements. No phone calls please. 

 

Five Legal Tips to Give You Peace of Mind

Legal issues don’t have to be stressful. In fact, you can use the law to reduce your risks, eliminate uncertainty, and plan for the unthinkable. The law can help with your overall peace of mind.

1. Execute a will. Estate planning isn’t just for wealthy older people. If you’re an adult, you need an estate plan. This spells out what happens to your immovable and movable property when you die. While the state legislature provides default rules for people who don’t specify their intentions, (intestate) you might be surprised by what those rules say. For the average person, an estate plan is simply a will (or “last will and testament”). This document spells out who gets what from your estate. A handwritten will can be valid, but it’s safer to have a lawyer draft your will and help you through the formal execution ceremony. If you have a spouse or minor children, you need a will to ensure they are properly taken care of and guardians and alternative guardians named. 

2. Designate your health care wishes. How should medical decisions be made for you in the event of an accident or illness where you are incapable of communicating? Without the appropriate legal papers, your family will attempt to make the decisions that you would want. But do they know all your wishes? You should protect your health care decisions by appointing someone with a Health Care Power of Attorney. This designates the person who will make your decisions. They are bound to make the decisions that you want, not what they think is best. You should also execute a Health Care Directive (sometimes called a Living Will).  This document attempts to set forth your wishes for different medical scenarios, particularly your wishes with regard to terminal illnesses.  Your health care provider will be bound to act according to this document.

3. Select the correct insurance beneficiaries. Do you have a life insurance policy or retirement plan? Who are your beneficiaries? If “your estate” is listed as the beneficiary, your heirs could be in for a surprise when you pass away. Life insurance and retirement plans automatically pay the designated beneficiary when the policy holder dies. To make sure your family or other heirs get the benefits, you should designate them by name as the beneficiaries. If your estate gets paid directly, the true beneficiaries could be in for a long wait before they can be paid anything. And your creditors might claim the money before anyone else can be paid. Be sure to name the right beneficiaries.

4. Be properly and sufficiently insured. Property insurance isn’t just for homeowners. Even if you rent, you need insurance protection. Homeowner’s or renter’s insurance primarily covers against loss to your property due to damage or theft. But it can also be important if you’re ever sued.When guests come onto your property, you legally take on a certain amount of liability for their safety. If a guest is injured while on your property, you could be held responsible. Fortunately, the typical property insurance policy provides some protection for you. Guest medical coverage will pay for your guest’s medical bills as well as liability coverage for pain and suffering in event of a personal injury claim or suit. For the cost of a renter’s insurance policy (at most $15/month), you can’t afford to neglect this coverage.Also make sure you have adequate limits on auto liability $500,000 is well worth the extra dollars in cost. Also ensure you have adequate uninsured/underinsured coverage in the same amount. If you have an older car and have collision and comprehensive coverage, you are wasting money, cancel it. You may also want to consider umbrella coverage of up to 1 mill. to give overall protection to your assets.

5. Separate your business. If you run your own business, you should consider a limited liability business entity or S Corp. Running a sole proprietorship is simple, but it exposes you and your family to certain risks and liabilities. Creditors and people you could possibly wrong can seek a cause of action against you personally. Your sole proprietor business could be putting the family home at risk. To solve this problem, you can easily setup a basic corporation or a limited liability company (LLC). Then when you sign contracts and incur business debts, you are only putting the business at risk. It’s important to run the business properly to maintain your liability shield.   

(Such as having proper meetings with minutes kept, separate bank accounts, etc.) Without a formal business entity, you have no hope of limiting your personal liability. Your CPA can advise you in this regard as well.

2011 Council Candidates for American Fork

 
NOTICE OF 2011 CANDIDATES FOR
AMERICAN FORK CITY COUNCIL
 
 
In accordance with Section 20A-9-203(9) UCA, the following persons will appear on the Tuesday, September 13, 2011, Primary Ballot.
 
FOR CITY COUNCIL (4-years):     3 vacancies 
Marc J. Ellison
Brad Frost
Nick Liddiard
Micah Richards
Robert Shelton
Ricky K. Storrs*
Clark P. Taylor
Scott E. Twitchell
Marco Valle

*incumbent
Note: Current Council Members Sherry Kramer and Shirl LeBaron are not running for re-election.