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(No charges against Missouri water patrol officer in drowning of handcuffed man at lake - News)
(Traffic impact fee plan hits roadblocks in Lower Macungie)
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A Missouri state water patrol officer will not face charges in the May 31 death of a handcuffed Iowa man who drowned after toppling off the officer鈥檚 boat at the Lake of the Ozarks, a special prosecutor said Monday.Osage County Prosecutor Amanda Grellner, who was appointed to review the case, said she will not file charges against Trooper Anthony C. Piercy, 43, in the death of Brandon Ellingson, 20, of Clive, Iowa.鈥淚 don鈥檛 believe it rises to the level of a criminal offense,鈥?Grellner said. She said she believes an inquest held last week in Versailles, Mo., was 鈥渇air and impartial鈥?and that the coroner 鈥渢ried to put together a picture as best he could with the information that was provided.鈥漈he Ellingson family鈥檚 lawyer, Matt <a href=http://capstone.edu.sg/clreplicashoes.php>Christian Louboutin Shoes Sale</a>  Boles, said he found Grellner鈥檚 decision 鈥渄isheartening.鈥?Ellingson鈥檚 father, Craig Ellingson, 53, has said he plans to file a civil suit in his son鈥檚 death.A jury of six Morgan County residents summoned at Thursday鈥檚 inquest ruled Ellingson鈥檚 drowning an accident. Ellingson was handcuffed behind his back when he toppled over Piercy鈥檚 patrol boat at the Lake of the Ozarks. The life jacket Piercy put on Ellingson after handcuffing him slipped away. Piercy testified that he jumped in the water to try to rescue Ellingson but lost his grip on him.Piercy, an 18-year veteran of the Highway Patrol, also testified that he did not think he was adequately trained in making an arrest on the water, putting on life vests or rescuing people. He volunteered in 2012 to move to the water patrol division.He said he cuffed Ellingson, then buckled the life vest around him. But several of Ellingson鈥檚 friends told investigators in June that Piercy struggled to fit an already-buckled life vest over Ellingson鈥檚 muscular frame without putting Ellingson鈥檚 arms through the vest鈥檚 arm holes.Missouri Highway Patrol Superintendent Col. Ronald Replogle said in a statement Monday that all records in the case would be available under the state鈥檚 open records law. However, the patrol鈥檚 custodian of records, Lt. Keverne McCollum, said the records were not immediately available because investigators had not given them to her yet.Replogle also said that the patrol 鈥渨ill continue the review of all procedures related to this incident.鈥漃iercy testified that he stopped the Ellingson family鈥檚 28-foot-long Sea Ray, <a href=http://www.alportico.net/gosoc.php> true religion sale</a>  the 鈥淪otally Tober,鈥?near a beachfront bar on the Gravois Arm of the lake after he spotted a Bud Light can being dropped or tossed from the boat. He took Ellingson, who was driving the boat, onto his own patrol vessel and performed tests for intoxication.Piercy arrested Ellingson on suspicion of drunken boating. Ellingson鈥檚 autopsy showed he had traces of cocaine in his system and a blood-alcohol content of 0.268 percent, more than three times the legal limit to drive a boat.After the inquest, a Missouri couple who witnessed part of the incident told the Post-Dispatch that they jury should have heard their accounts.Larry Moreau, 41, of Hartsburg, Mo., said that he, his wife and their 14-year-old son were cruising in their boat at more than 30 mph when they saw Piercy鈥檚 patrol boat pass them. Minutes later, they saw Ellingson treading water near Piercy鈥檚 idling patrol boat and apparently talking to Piercy. Moreau said the life jacket was about 5 to 6 feet away from Ellingson. He said they told investigators that they left because Piercy didn鈥檛 appear to be acting with urgency, so they thought the matter was under control.He and his wife talked to investigators but weren鈥檛 asked to testify at the inquest.鈥淎fter I read what came out of the inquest, I was a little concerned that what we had witnessed didn鈥檛 seem to get included,鈥?Moreau said.A water taxi captain who stayed at the scene and tried to help testified at the inquest. He and a passenger on his boat said they thought Piercy did all he could to save Ellingson.In response to the criticisms from the couple, Grellner <a href=http://www.alportico.net/prodotti/christianlouboutin-sale.jkmsw.php>Christian Louboutin Sale</a>  said, 鈥淚 gave far more weight to those who were actually there and stayed and those who had a far more firsthand account than those who left.鈥滱lso Monday, Grellner, in response to a records request from the Post-Dispatch, released the names of the six Morgan County residents who served on the jury. They are Julie Brown, Cecil Banner, Megan Rowland, Brad Bauer, Herbert Keck and Amy Todd.
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Although the township's Board of Commissioners acknowledges the plan is not working, some believe there still could be time to salvage it. A committee has renewed conversations about the ordinance that made impact fees law in Lower Macungie. In the meantime, township staff has begun pursuing state  it would need to supplement the developer funding in order to use it.A number of factors have contributed to the ineffectiveness of what the township dubbed its . For starters, the slowdown in development following the recession lessened the potential of the impact . By the end <a href=http://www.radiorcs.com/page.php?sale=Kate-Spade-Outlet-Coupons>Kate Spade Wallet</a>  of 2013, the fund had accumulated nearly $196,000.In addition, the township hasn't made it a priority to set aside money to supplement the developer dollars. To make use of the developer money, the township is required to pay for a portion of projects with township and state dollars, and almost everyone agrees the well of potential state tax dollars had run practically dry. Developer dollars may only be used for up to 50 percent of a project's cost. We're just not doing a good job of funding , Commissioner Ron Beitler said.The township could have anticipated millions of dollars in traffic impact  from the planned development on about 700 acres of farmland in the western part of the township, but the impact fees were waived as part of an agreement with developer David Jaindl.Jaindl negotiated zoning changes on the land to allow residential, industrial and commercial development, a deal approved by township commissioners to avoid a previously planned quarry on the land.And an estimated $2.7 million in fees that the township could have realized from the recently approved Costco-anchored Hamilton Crossings shopping center weren't in play because the township's attorney said the development proposal was submitted before the ordinance was enacted. Adding insult to injury, the ordinance approval was delayed for about a year after it was determined the original committee that came up with the plan was not legally created. Over the last three years, for all intents and purposes, we've waived <the>fees] for the biggest project on the western side of the map and the <a href=http://www.avanttravel.com/page.php?sale=Tory-Burch-Reva-Clutch-Black>Tory Burch Reva Clutch Black</a>  biggest project on the eastern side of the map, therefore forgoing millions of dollars, Beitler said. Essentially, we have an unfunded . Both the Jaindl land and shopping center projects have prompted widespread concern about added traffic to Lower Macungie roadways. We're struggling with the idea of having this money but not being able to use it, Commissioner Ryan Conrad said. We're collecting money that we really aren't able to utilize because of insufficient funding to complete projects. It's not as if no one saw this coming. Former Commissioner Deana Zosky was the lone commissioner to vote against the ordinance, primarily, she said, because the township hadn't budgeted money toward the traffic improvements outlined in the plan. How can we collect money from someone else if we're not willing to commit <township>money]? Zosky said at the time. I find that ridiculous, quite frankly. During one of <a href=http://www.alportico.net/page.php?sale=True-Religion-Belt>Black True Religion Jeans</a>  its final meetings before the transportation impact fee ordinance was approved, members of the Traffic Fee Advisory Committee noted that commissioners would need to determine future budgeting for projects associated with the plan and set priorities. Little has been done along those lines since 2009.Allentown attorney Joseph A. Zator II, who has represented multiple Lower Macungie landowners, questioned in 2009 why the township would move forward with the fees if it was fairly certain it wouldn't receive much, if any, funding from the state.Zator also reminded commissioners that developers historically have paid for road-improvement projects and that the township shouldn't expect any offers to do that kind of work in . But with one of their members calling it a good plan, commissioners approved an  that imposes an $1,800-plus fee for every new rush-hour  trip developers add to township roads.

Revision as of 08:29, 1 October 2014

Although the township's Board of Commissioners acknowledges the plan is not working, some believe there still could be time to salvage it. A committee has renewed conversations about the ordinance that made impact fees law in Lower Macungie. In the meantime, township staff has begun pursuing state it would need to supplement the developer funding in order to use it.A number of factors have contributed to the ineffectiveness of what the township dubbed its . For starters, the slowdown in development following the recession lessened the potential of the impact . By the end <a href=http://www.radiorcs.com/page.php?sale=Kate-Spade-Outlet-Coupons>Kate Spade Wallet</a> of 2013, the fund had accumulated nearly $196,000.In addition, the township hasn't made it a priority to set aside money to supplement the developer dollars. To make use of the developer money, the township is required to pay for a portion of projects with township and state dollars, and almost everyone agrees the well of potential state tax dollars had run practically dry. Developer dollars may only be used for up to 50 percent of a project's cost. We're just not doing a good job of funding , Commissioner Ron Beitler said.The township could have anticipated millions of dollars in traffic impact from the planned development on about 700 acres of farmland in the western part of the township, but the impact fees were waived as part of an agreement with developer David Jaindl.Jaindl negotiated zoning changes on the land to allow residential, industrial and commercial development, a deal approved by township commissioners to avoid a previously planned quarry on the land.And an estimated $2.7 million in fees that the township could have realized from the recently approved Costco-anchored Hamilton Crossings shopping center weren't in play because the township's attorney said the development proposal was submitted before the ordinance was enacted. Adding insult to injury, the ordinance approval was delayed for about a year after it was determined the original committee that came up with the plan was not legally created. Over the last three years, for all intents and purposes, we've waived <the>fees] for the biggest project on the western side of the map and the <a href=http://www.avanttravel.com/page.php?sale=Tory-Burch-Reva-Clutch-Black>Tory Burch Reva Clutch Black</a> biggest project on the eastern side of the map, therefore forgoing millions of dollars, Beitler said. Essentially, we have an unfunded . Both the Jaindl land and shopping center projects have prompted widespread concern about added traffic to Lower Macungie roadways. We're struggling with the idea of having this money but not being able to use it, Commissioner Ryan Conrad said. We're collecting money that we really aren't able to utilize because of insufficient funding to complete projects. It's not as if no one saw this coming. Former Commissioner Deana Zosky was the lone commissioner to vote against the ordinance, primarily, she said, because the township hadn't budgeted money toward the traffic improvements outlined in the plan. How can we collect money from someone else if we're not willing to commit <township>money]? Zosky said at the time. I find that ridiculous, quite frankly. During one of <a href=http://www.alportico.net/page.php?sale=True-Religion-Belt>Black True Religion Jeans</a> its final meetings before the transportation impact fee ordinance was approved, members of the Traffic Fee Advisory Committee noted that commissioners would need to determine future budgeting for projects associated with the plan and set priorities. Little has been done along those lines since 2009.Allentown attorney Joseph A. Zator II, who has represented multiple Lower Macungie landowners, questioned in 2009 why the township would move forward with the fees if it was fairly certain it wouldn't receive much, if any, funding from the state.Zator also reminded commissioners that developers historically have paid for road-improvement projects and that the township shouldn't expect any offers to do that kind of work in . But with one of their members calling it a good plan, commissioners approved an that imposes an $1,800-plus fee for every new rush-hour trip developers add to township roads.

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