Genola fails to pay project manager for cemetery, lot development

GENOLA, Utah County — The project manager of a two-year effort to develop nine residential lots and create the town's first cemetery must take further action if he expects to get paid.

Dale Draper submitted a bill for more than $18,850, but a wrangling town council failed to approve it. Councilman Michael Vail said the work was complete and Draper should be paid, but no one would second his motion. The contract included roads, tearing down an old barn and building bridges.

The motion was for $17,805 after the council deducted legal costs of having a lien removed that Draper had earlier put on the property along with miscellaneous expenses.

Councilman Chris Greenwood questioned whether Draper met the contract. The legality of the contact itself was also in question since the town recorder hadn't signed it.

Twice Greenwood attempted to modify Vail's motion, but those efforts also failed. Greenwood first tried to make another landowner, Marty Larson, partially responsible, but when that failed Greenwood said the council should offer Draper just $5,000 for his services. That, too, failed.

"You never know, he might take it," Greenwood said.

Draper wasn't at the meeting, which also concerned Greenwood because he wanted to question him about the bill.

Councilman Kendell Ewell said Draper should be paid, but he wasn't sure how much. "I want to pay a man whatever he's worth, but how do we arrive at that?" he said.

Larson had already paid for the infrastructure on his portion of the development, Mayor Eric Hazelet said. The nine lots were in two subdivisions, Genola Meadows and Valley View East. Larson and the town got involved when one of the subdivisions had to be relocated because it interfered with a planned road.

Greenwood also argued that the council had no money to pay Draper unless they took it from the $1 million cemetery bond, the largest bond in the rural community's history. However, Hazelet said Draper was to be paid from the sale of the last of the nine residential lots. All have been sold.

Draper's fee was based on 1.5 percent of the value of the lots, determined by the average sale of the last four. But Greenwood also questioned that method of valuation. Five lots were traded.

The cemetery bond also went toward a fire station and 14 acres for the city park, Hazelet told the Deseret News.

City attorney Brett Rich recommended against not paying Draper, but wasn't involved in the town's hiring him. "This is not an outrageous fee," he said.

Town leaders went into the contract without consulting Rich. That effort to cut legal costs is costing the town more now, Hazelet said.

Draper is Councilman Bryan Draper's son, but the councilman didn't vote on the initial contract to hire him and continued to stay out of the discussion Wednesday.

e-mail: rodger@desnews.com