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By Richard Okelberry, November 25, 2009 3:29 pm

Dear Councilman Clausen,

 First, I have waited far to long to congratulate you on your re-election. 

 Also, I would like to say that after viewing last night’s discussion about the River Heights Blvd. closure it is obvious that you are a thoughtful and dedicated member of the council.  I was truly impressed.  I am sure that whichever decision you come to on this issue, it will be one that is not taken lightly and achieved through due diligence.  I also want to applaud you for recommending that the issue of liability be brought before the city attorney. 

 To help, I have taken the liberty of researching some of the applicable state statutes regarding Sovereign Immunity of Municipalities in the state of Utah.  The defined immunities from civil suit for government in the state of Utah appear in Title 63G, Chapter 7 “Governmental Immunity Act of Utah.”

 (http://www.le.utah.gov/UtahCode/section.jsp?code=63G-7)

 The applicable section(s) of the Title reads:

 Title 63G – Chapter 7, Chapter 7 Governmental Immunity Act of Utah

 63G-7-201.   Immunity of governmental entities from suit.
(1) Except as may be otherwise provided in this chapter, each governmental entity and each employee of a governmental entity are immune from suit for any injury that results from the exercise of a governmental function.

 63G-7-301.   Waivers of immunity — Exceptions.

(3) (a) Except as provided in Subsection (3)(b), immunity from suit of each governmental entity is waived as to any injury caused by:  (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or

(b) Immunity from suit of each governmental entity is not waived if the injury arises out of, in connection with, or results from: (i) a latent dangerous or latent defective condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or

 (4) Immunity from suit of each governmental entity is waived as to any injury proximately caused by a negligent act or omission of an employee committed within the scope of employment.

 (5) Immunity from suit of each governmental entity is not waived under Subsections (3) and (4) if the injury arises out of, in connection with, or results from: (k) any natural condition on publicly owned or controlled lands;

 Read plainly, it appears that state law does protect the municipalities from civil suits with some exceptions.  While Chapter 7, section 3, certainly does seem to exempt immunity in the case of any “defective condition of any highway, road, street” it then goes on to enforce the immunity for “any natural condition on publicly owned or controlled lands.”  As such it appears that if the roadway is faulty and dangerous in a dry, “normal” condition then the city does certainly have an obligation under state law to remedy the situation or face liability.  Presumably, one such remedy might be closing the road all together to public access.  That said, the existence of snow or ice on what is otherwise a perfectly good and safe roadway seems to be described in Section 5(k) as a naturally occurring condition.  As such, if it is determined that the road is passable and safe during the summer months by UDOT, then no closure of the road would be required during the winter months.

 Please understand that I am simply reading these statutes plainly and am not applying how these statues have been interpreted by the courts.  Also, there may be other exemptions to governmental immunity under state law that I have yet to discover.  Properly interpreting these statutes and properly applying state law will certainly be the job of the city attorney and hopefully the Attorney General. 

 If I were meeting with the city attorney I would ask these questions:

1. Can the city be held liable for damages or injuries that occur while plowing snow due to slick roads if due diligence and care is taken during the performance of this governmental service?
   1. If so, would the city also be liable if the snow removal was performed by a properly bonded private contractor?
2. Can the city be held responsible for accident that occur, not involving city vehicles or employees, due to snow or ice on a road that is otherwise deemed safe for regular traffic?
   1. If so, how does signage (the announcement of “icy roads ahead” or something similar) change, if at all, that liability?
   2. If so, how can the city mitigate that liability in a way that does not involve road closure?
   3. If so, does the city have the responsibility to apply the same standard to all similarly hazardous roads that may be rendered dangerous by weather events?  Also, what measure or standard should the city use when declaring a roadway hazardous due to snow and ice?

As you can imagine, how these statutes are interpreted by the City Attorney or Attorney General will have a great effect on not just River Heights but every municipality around the state.  If it is held that a municipality can be held responsible for accidents that occur as a result of roadways made hazardous by weather, then municipalities around the state will all have to begin considering which roadways within their communities will have to be closed any time during the year when there is even the slightest chance of snow fall or ice forming on the roadway.

 If it is the opinion of legal council that municipalities can be held liable for road conditions made hazardous by weather the River Heights Council will certainly need to consider closing not only River Heights Blvd. as it connects to S 400 E but Stewart Hill Drive, the River Heights Blvd hill above Orchard Dr., River Heights Blvd. as it down-slopes toward S1000E, the two hills on Lamplighter Dr. a portion of Windsor Dr. and E 700 S as it approaches S 80 E by the DMV.  If all these closure are made, there will be an entire neighborhood by the Providence Cemetery that would be effectively cut off to vehicle traffic throughout the winter months.

 If any of these roads were allowed to remain open following such a legal opinion, especially in light of the closure of River Heights Blvd. the city might be held liable for any accidents occurring on these roads during slick conditions.  I truly don’t believe that this will be the case, but merely wanted to express the gravity of this situation and the shockwave that would occur from such an opinion in communities up and down the Wasatch Front.

 Finally, I want to say that when I introduced the idea of temporarily closing River Heights Blvd. I did so with the expectation that it would only be closed to facilitate safe plowing; since the plow would be traveling against the one-way direction of the road.  I did not mean to imply, nor do I think it should be city policy to use temporary closures as a way of diverting traffic simply for safety sake.  I believe that it would be a dangerous president to set for city officials to try to begin determining when a particular roadway is passable.  Such determinations should be left to law enforcement as they are in our local canyons.

 Also, not to throw another cog into the machinery of our debate, but I believe the council should consider, if they determine that River Heights Blvd. should remain closed during the winter months as-is, requiring that during snow removal the dead end upper portion be temporarily closed to ALL traffic since there is not adequate room for the plow to turn around at the end of the road.  Allowing traffic to enter the road when a large plow is repeatedly backing up could create a dangerous situation. 

 Also because the garbage trucks are similarly required to back out of the dead end street, residents along the River Heights Blvd. West of S 500 E may need to be required to pull their garbage receptacles up to S. 500 E for pick up.  I believe this is already the procedure required of resident that live inside the dead end at the intersection of S 400 E and E 500 S.

 I eagerly await any opinion from our city attorney and would again seriously suggest that the opinion of the State Attorney General be sought.  I also want to say that I have full faith in the ability of both you and your fellow council persons to respond to this issue.  If there is anything I can do to help, please don’t hesitate to call on me.

 (To help keep the entire Council and Mayor Baker informed; I am forwarding this email to them as well.)

 Sincerely,

 Richard Okelberry

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By Richard Okelberry,

Dear Council Member,

 As you know, this Tuesday, November 24^th at the regular River Heights City Council meeting, Ray Hunsaker will be presenting a petition signed by over 150 area residents asking that you reconsider the wintertime closure of River Heights Blvd.   So that you may have as much information as possible to make a decision on this issue, I am sending you this open letter detailing some of the primary arguments against the closure along with several alternatives for you to consider.

 I truly hope that you do not see this meeting as adversarial.  I hope that you will see this as a group of concerned citizens becoming directly involved in helping the council come to an informed decision.  These citizens are coming to you and asking that you represent their views on the city council.  They are not voicing their opinion to say that the Council was wrong in their prior decision on this issue, only that the decision was made with few other viable options being presented.

 Why keep River Heights Blvd. open year round?

 1. River Heights Blvd. serves as a major egress for many of River Height’s residents.  This is especially true for those that live above and below the Stewart Hill Drive area.

 2. By closing River Heights Blvd. even more traffic is diverted to 4^th South.  Considering that because many children both live and play on 4^th South and because 4^th South passes by Olsen Park, the additional traffic puts children at greater risk. 

Also consider that the residents of 4^th South have already been forced by the conversion of River Heights Blvd. to a One Way street to bear the addition diverted traffic.  Asking these residents to endure even more traffic as 4^th South becomes the primary route during the winter months for not only entering but also leaving River Height for a large portion of residents is simply unfair and may ultimately have a detrimental impact on their property values.

3. Failure to remove snow from River Heights Blvd. WILL cause accelerated degradation of the street surface, ultimately costing tax payer even more in maintenance costs.        

Why Shovel? History, Benefits, and Choices of Snow and Ice Management By Nathan S. Whitaker  

“[Effects of snow on concrete and asphalt   Although concrete may appear to be a completely solid object, it actually contains numerous microscopic passageways. These tunnels are formed during the initial crystallization process as concrete is transforming from a liquid to a solid state and the needles of interlocking cement paste crystals grow. When water freezes, its volume expands by about nine percent and any water that has entered these passages can break the needles of the interlocking paste crystals. Snow left on concrete will melt and enter the tunnels only to refreeze at night and, over time, will cause cracks and potholes on your lot. Removing snow from the surface of your lot will keep the water content of the concrete down and minimize freezing damage, thereby helping to preserve your investment.  Asphalt is a mixture of tar, oil byproducts, curative and aggregate gravel spread over compacted earth and gravel for drainage. Under heat and stress from traffic, asphalt eventually cracks leaving gaps for snow and water to enter. This water freezes during winter and the resulting expansion forces dirt and gravel out, leaving a hole when the water melts again. The thin asphalt layer over the hole is left weakened and eventually collapses causing a pothole. To help prevent this unsightly and potentially damaging hazard, snow must be consistently removed from the surface. While it is impossible to keep the asphalt completely dry during and following winter storms, removing snowfall will decrease the volume of water available to seep into the cracks and will minimize freeze damage to your lot.]”

-         http://ezinearticles.com/?Why-Shovel?-History,-Benefits,-and-Choices-of-Snow-and-Ice-Management&id=3113871

 4. The River Heights City council should consider all other options before voting for the winter time closure of River Heights Blvd.  While the testimony and recommendations of the Public Works Supervisor, Kent Parker, regarding the safety of plowing River Heights Blvd certainly is significant, the Council should also take into account all other alternatives and should only vote to close a primary road within River Heights as a last resort measure especially considering that doing so would make River Heights the only known municipality in the entire state of Utah to take such an extreme action.

 5. A significant portion of River Heights residents have strongly disagreed with the decision of the Council to close River Heights Blvd. and have made the disagreement know by signing their names to a petition circulated by Ray Hunsaker.

Alternatives to the closure of River Heights Blvd. during the winter months:

 The primary reasons for closing River Heights Blvd. as stated by Mayor Baker at this year’s Municipal Election, “Meet the Candidates” for closing River Heights Blvd. had to do with safety and liability.  The Mayor first argued that with the new larger city snow plow, it just wasn’t possible to safely plow River Heights Blvd.  His opinion was backed up by statements by Public Works Supervisor, Kent Parker who indicated that he simply was not able to properly control the vehicle when plowing down the incline on River Heights Blvd and feared that he might injure someone at the bottom of the hill if he lost control.  Mayor Baker then used this argument to suggest that if the plow did lose control and cause an accident that the city would be financially liable for the incident.  He then went on to conclude that this was an issue of weighing the need to protecting the greater number of residents who would share in the liability should such an incident occur versus the wants of only a few residents who used the route on a daily basis.

 In response to the issue of being able to safely plow River Heights Blvd. in a down hill direction;

1.  The Council should consider requesting that Kent Parker simply close River Heights Blvd. temporarily to down hill traffic so that the hill may be plowed in the uphill direction.  This is the system used by Logan, UT, for removing snow along the “Dugway” at N 600 East connecting Canyon Rd. and Canyon Blvd.

 2.  The Council may also want to consider asking Kent Parker to simply make River Heights Blvd a priority during snow events by plowing it first and then several times in succession during a snow event.  This will help keep the roadway more manageable and ensure that there is always plenty of traction material dropped on the roadway to ensure vehicle stability.  Also the Council could simply ask Kent Parker to only use the older, smaller plow to remove snow along the Boulevard if necessary.

3. As a last resort the city could consider having the snow removed along River Heights Blvd. by a private contractor or enter into an inter-local agreement with the County or adjacent municipality to remove the snow.  Already the city is contracting to have snow removed from area cul-de-sacs. 

Summation

 We live today in a nation that is becoming ever more divided politically.  As our elected officials continue to act against the will of the people, the citizens have taken upon themselves to ask seriously; what is the proper role of government?  Is it to act in accordance with the voice of the people or to move forward with a contrary agenda? 

 When I asked Ray Hunsaker how many people when asked to sign his petition for redress of this issue refused, he told me that only two people refused to sign.  These two people refused to sign not because they support the winter long closure of River Heights Blvd. but because they simply did not want to “get involved.”  If seen as a survey, this petition would indicate that 99.98% of your constituents would like you to at least give the temporary closure method for snow removal a try.  That certainly is a pretty powerful statement!

 Please understand that by voting to use the temporary closure method, there is not harm done to any party.  Both River Heights Blvd. can remain open to traffic and the hill can be safely plowed.  Ultimately, this is a win-win situation for everyone. 

 Sincerely,

 Richard Okelberry

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By Richard Okelberry, November 23, 2009 3:25 pm

FOR IMMEDIATE RELEASE

CITIZENS SPEAK OUT AGAINST RIVER HEIGHTS BLVD. CLOSURE

Petition and Alternative to be Presented on November 24, 2009 at 6:30 pm

at River Heights City Council Meeting

For the second year, the River Heights City Council has kept in place a decision to close River Heights Blvd.  during the winter months . The Council took this action on the advice of the Public Works Supervisor and Snow Plow Driver, Kent Parker, who told the Council that the road is simply too dangerous to plow with the city’s new larger snow plow. 

Long-time area advocate and Emergency Response Coordinator for northern River Heights, Ray Hunsaker representing over 150 concerned, petitioning citizens, will be asking the Council to reconsider their decision to close this vital egress point at the November 24^th regular City Council meeting.  He will be advising that the city would be best served by only temporarily closing the road during a snow event and plowing in an uphill direction against the one-way service.  This change in the snow removal procedure would both removing any while simultaneously keeping River Heights Blvd. open to area residents who use it daily.

The past action by the River Heights City Council to close River Heights Blvd. during the winter months is unprecedented.  A wide search of area news archives has not revealed a single example of another Utah municipality taking such drastic action.  This approach to dealing with wintertime road conditions seems to be unique to River Heights in all the state of Utah. 

Many communities in Utah have been able to successfully deal with removing snow on far more treacherous mountainside roads.  The “Dugway” in Logan, UT, at N 600 East connecting Canyon Rd. and Canyon Blvd. is a perfect example of a passage with a much steeper grade than River Heights Blvd. where snow is successfully removed by Logan City using the temporary closure method.

Additionally, by permanently closing River Heights Blvd. during the winter months, extra traffic is diverted along E 400 South, a road that has greater pedestrian traffic and a sizable number of homes with children.  If safety is a primary consideration for the council, no decision should be made on this issue without also taking the safety of these children and those that frequent Olsen Park which also sees a significant increase in traffic during the wintertime closure.

Residents are invited to attend this Council Meeting to show their support for this issue.

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By Richard Okelberry, November 7, 2009 7:17 am

I truly want to thank everyone in River Heights for their support! We gave it a good try, but it simply wasn’t enough this time. Still, we did a great job bringing several issues to the forefront. Hopefully, during the coming months we will be able to get the council to take a serious look at several agenda items.

Again, thanks to everyone who supported me!

- Rich Okelberry

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By Richard Okelberry, November 3, 2009 7:30 am

My name is Richard Okelberry and I want to ask you to vote for me in Tuesday’s River Heights City Council Election. I am asking you to help me reform our local government and make it more responsive to its citizens.

While few would disagree with the way the Council and Mayor have helped to keep us in great shape financially, most have come to recognize that there is a serious disconnection between our elected officials and the citizens of River Heights.

The recent sidewalk repair debacle where area residents are being individually taxed to repair a public infrastructure and right-of-way in front of their homes is a prime example of the Council acting without the consent of the people. Also, if opinions of the people were sought before ordering the winter-time closure of River Heights Blvd. for “safety” reasons last year, the alternative of temporarily closing the road while the plow removed snow in an uphill direction would have been adopted instead.

To repair the connection between the people and our representatives, I am proposing a radical new addition to the upcoming River Heights’ website. I want to include a forum for public discussion of the issues where area residents can voice their opinions and have them placed on record if they so desire, without ever having to attend a single city council meeting. Also, I want to encourage our local officials to engage in ongoing public discussions of the issues through a new city Weblog (blog).

Along with a comprehensive collection of public documents, from City Council meetings to local ordinances, we all would be more empowered to exercise our right, privilege and duty to hold our elected officials accountable and guide them in their deliberations. We should never feel like we are not being heard, like the political process is too difficult to navigate or that we are being blindsided by the decisions of our elected officials.

I am asking that you stand with me to reform local politics by voting for me on November 3rd. Give me the chance to make a difference and I promise that you will not be disappointed!

Sincerely,
Richard Okelberry

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By Richard Okelberry, September 16, 2009 7:33 am

Well, the first hurdle is over and we made it through the primary.  I truly want to thank everyone who has helped out so far.  The current voting went like this. 

Kathryn Hadfield 135 votes

Douglas L. Clausen 100 votes

Richard Okelberry 70 votes

Skyler Tidwell 44

Keith C. Tilley 28

(the top 4 move on to the General Election)

While we certainly were hoping for a top two place, it is understandable that in a primary race the two incumbents will draw the most votes.   Still this means we have a lot of work to do!  Now we need to get the word out and start asking our friends and neighbors, what they really know about the other 3 candidates.  Where do they stand on the issues?  I personally would like to know myself!

From the beginning, I have pushed transparency and accountability in government.  I hope that most visiting this site can see that I am willing to provide more information about myself and where I stand on various issues than any other candidate in this race.  I also would hope that everyone would leave this site when finished and go directly to my competition’s web site for a direct comparison on the issue.  Unfortunately, for now, this is the only candidate site currently running in River Heights.

Also, I want to reinforce for al of my supporters that regardless of how this election goes…  Regardless of whether or not I am seated on the council as your representative, I plan to push forward each and every measure that I have outlined on this site.  In fact, I plan to put together the new city website and try to form a non-profit foundation for city improvement projects before this election concludes on November 3^rd.

To help the people of River Heights make a truly informed decision in this race, I plan to propose a public, forum style debate with all four remaining candidates.

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By Richard Okelberry, September 11, 2009 7:38 pm

My name is Richard Okelberry and I would like to introduce myself and convince you to vote for me for River Heights City Council! 

Richard Okelberry with his two beautiful daughters, Annabelle (left) and Lily (right).

First, I am a retired, service-connected disabled veteran that is dedicated to preserving the core conservative principles that have served River Heights as a vital and secure community.  While many would see my physical disability as an obstacle, I have come to see it as a blessing that allows me the unique opportunity to spend time with my family and the ability to serve my community.  For many years, I have dedicated myself to writing political essays and commentary on my personal websites as well as for KVNU, For the People.  I have owned several small companies over the years and currently am involved in the restoration of antique Baptismal, Confirmation and Marriage certificates for Angus Dei Printing.

 In brief, I will take a hard stance against future tax increases and seek to minimize waste of taxpayer dollars.  Additionally, I will seek to have more of our state and federal taxes returned to our community so that we can lessen the burden on property owners.  I also want to inspire our community to come together again, as they did in building Ryan’s Place in Olsen Park, by establishing a non-profit foundation and volunteer center to improve River Heights with various “quality-of-life” projects; all without the need of government funding.  Finally, I am dedicated to providing the City, free of charge, a new website where all the inner workings of our municipality can be detailed, events can be announced and representatives can be contacted and petitioned.

 I know that in such a small community it is likely that everyone knows at least one person in this race for City Council.  I completely understand how giving support to those candidates in many ways helps to reinforce community bonds.  If you have already decided who your number one candidate is, I only ask that you look around my website, and consider me for your second choice.  Who knows, you may even decide to make me your first choice!  I’m sure the other candidates would understand.

Please, while visiting my website, feel free to participate in the future of River Heights by making suggestions on how you feel our community can be improved and the people of River Heights better served! 

 I look forward to hearing from you!

 Sincerely,

 Richard Okelberry