Willard landowner, Mark Mackley (Mackley), plans to build a home on property he bought in Willard, east of the old Pioneer cemetery. In an effort to obtain service from Rocky Mountain Power on Highway 89, Mackley dug a trench along 300 North Street and Highway 89. He had obtained a UDOT permit, and had asked the City to mark the City’s utility lines. Mackley said he incorrectly assumed that Willard City had given permission after they marked their utility lines. When Willard City discovered the error it placed a stop work order on further construction. Mackley immediately applied for an excavation permit and was required to submit a $7,500 construction bond. Later, City Planner Jay Aguilar reportedly notified the Box Elder News Journal, but said he didn’t know who notified the Deseret News and KSL Channel 5 stating that there might be damage to the cemetery.
Through months of negotiation, the City and Mackley settled the problem; and Mayor Kenneth Bragger and landowner Mark Mackley signed an agreement and settlement during City Council meeting on June 21st. Part of the agreement was that Mackley would pay $4,800 to cover the City’s cost to backfill the trench and place power line conduit alongside the City’s new sewer line then being constructed. Following construction and renovation by the City and Mackley, Mayor Braegger recommended that the excavation bond be returned to Mr. Mackley. This was brought before the City Council on August 9th. However, City Planner – Jay Aguilar recommended against releasing the bond and noted that there were additional engineering costs. However, Aguilar said later that the extra expenses weren’t necessarily for the trenching, but that consultations went on with Sunrise since Mackley had said that he intended to use the sewer system. Since the Mayor was not in attendance at that portion of the meeting, the City Council took the Planner’s advice and tabled the decision to release the bond remaining until August 23rd which was accomplished then. Mackley said he believes Aguilar improperly applied engineering work charges for water and sewer planning to the power line trench construction. Aguilar stated that a letter had been received from Mackley to that effect.
During public comment on June 21st, a representative of the Freedom Coalition reminded the City Council that they wear at least two hats. One is to exercise the power of the proper role of government such as for police protection and other protections of the people’s liberties, and second is in the enterprise role where the Mayor and Councilmen essentially act as the Chairman and members of the Board of utility businesses. The Freedom Coalition said it is dangerous and unwise to mix the two functions, and that we should remember to keep government and enterprise separate as much as possible.
