Orem is being cast as the villian in its attempt to go ahead with plans to expand the city cemetery - plans that will displace a mother and her young son whose well-being depends on staying where she is, say the neighbors.
The home she's living in will be razed to make way for the expansion.But the director of administrative services said it's unfair to make the situation a city issue or paint the city as the bad guy.
"It's unfair of them to even ask for her to stay," said Phil Goodrich, referring to a petition for exception from Mike Rasmussen on behalf of Lisa Pennini.
Rasmussen said Pennini is extremely dependent on the nearby neighborhood and LDS ward members for emotional and physical support. He said to make her move from the home she's leased from the city will be tremendously unsettling for her.
Goodrich said the land that supports the home is land purchased for cemetery expansion with tax-free bonds and the bond council holding the notes cannot legally permit the homes to stay past next April.
Four homes originally stood on the land along 1200 North. Two have been demolished, and the remaining two are scheduled to be razed to make way for the expansion - designed to double as soccer field space until needed for cemetery plots.
One home was occupied by an Orem citizen who signed a lifetime agreement with the city, arranging to stay in his home with his daughter until he died. Following his death, his daughter had one year to vacate.
Because of that agreement, the city - when approached by the neighbors also decided to allow the lease of the other home to Pennini.
However, said Goodrich, now the neighbors want the home to continue to be available to Pennini "forever."
Goodrich said that will seriously compromise the city's position with the bond council, which has said rental to a private entity past the agreement date will nullify the tax exempt status of the bonds.
City attorney Paul Johnson said the city cannot go against the bond council's advice without risking having to pay thousands of dollars in taxes on the bonds for the land.
Rasmussen asked if Pennini could be made a caretaker and therefore not be obligated to pay rent. He suggested moving the home to another location still within the LDS ward boundaries.
"The bonds can't be used for the benefit of an individual," said Goodrich. "And I'm not sure we can just give them the home. We have to look at bidding, declaring it surplus, a number of legal hoops.".
Council members discussing the issue said the citizens should be applauded for their compassion and service toward Pennini and her son but that the city itself could not offer one person benefits at the expense of all.
"It's unfair. I have a great deal of sympathy for the situation," said Mayor Stella Welsh. "But the reality of the matter is, I don't see how we can leave the home there without getting ourselves into trouble."