Tuesday, May 18, 2010

SunCrest Meet the Candidates Night

Meet the Candidates Night

Wednesday, May 19
6:00pm
SunCrest Information Center (2021 E. Village Green Circle)

Please attend Meet the Candidates Night on Wednesday, May 19th at 6:00 pm at the Information Center. This meeting will be conducted by the Board appointed Nominating Committee to “interview” homeowner board candidates for the open seat. We have four residents running for the one and only SunCrest resident open seat. They are as follows:

W. Robert Lewenkron-Eagle Crest
Amy Baird-The cove at Oak Vista
Gabriella McFarland-Oak Vista
Paul Tonks-Eagle Crest

As this may be the only chance to get to know those interested in running, it is vital that you attend! If you don't know who your voting member is then speak to Tod Bean. Because you will want to tell the voting member representing your vote, who you like or don't like.

Monday, May 17, 2010

TRSSD Advisory Board discussion at Draper City Hall

TRSSD (Traverse Ridge Special Services District)
We need your voices heard at the City Council meeting.

Where: Draper City Hall
When: Tuesday, May 18, 2010
Time: 7:45 Citizen Comments can be given. Three minutes per person allowed. (We can ask at this time if public comments can be given during the actual discussion or should we speak now)
Time: 8:45 Discussion: Creation of TRSSD Advisory Board

What we need: Take a few minutes of your time to voice your opinion on why we should have an advisory board made of SunCrest residents or/and a SunCrest resident as a voting member of the TRSSD.

I have included your reading pleasure, the approved and not yet approved city council meeting minutes concerning SunCrest or TRSSD funds. This is word for word out of the meeting minutes I got off the Draper City website. This will give you a general idea of how the city and council members feel about the TRSSD. This is also brings up discussions of the SunCrest fire station and SunCrest road repair.

Sincerely,
Amy Baird
SunCrest resident


April 13, 2010 City Council APPROVED minutes

Amy Baird requested the council consider options for the TRSSD, including an advisory board consisting of Suncrest residents. The council suggested scheduling a council meeting at a Suncrest station.

Layne Long said the proposed budget is the same document as has been considered adopted during the last two years because the budget has been cut to the bare bones. This document will paint the big picture as to the status of the revenue and expenditures. One component is the special services district. He reviewed the history of the Suncrest fire service and said it is the biggest part of the cost to support the development. He reviewed the master development agreement, noting that the additional cost of the services was anticipated from the beginning. According to the assumptions, the cost of the fire station should be supported when Suncrest is built out. Differential costs are to be covered by the special service district until build out. Mr. Long said the assumptions were wrong to begin with. He then reviewed the creation of the special services district. He noted the creation of fire and EMS district had been discussed but that the district was not created. The TRSSD district which was created does not cover costs for fire services.

Mr. Long said Danyce Steck had calculated figures , based on the development agreement, to show the percentage of tax dollars that goes to the fire protection. The calculation is about $.57 per dollar of property tax collected. If that amount were applied toward the special district, it would be $225,703. Subtracting that amount from the cost of operating the fire station at SunCrest, the city is subsidizing $625,00 every year for the operation of the station. Councilmember Colbert noted that property taxes are not the only revenue. Mr. Long said the ratios would be the same. He said that long term, the funds are not available to operate the city even considering the lean operations. He said the council options are to continue on status quo and fund the station with taxpayer dollars or to add fire service to the special service district. Councilmember Colbert said the risk of residential fire is slim during the winter time so there might not be a need for fire personnel, but EMS is necessary. Mr. Long said the council needs to find a way to reduce the costs or everyone else will continue to subsidize it. Mayor Smith disagreed with Councilmember Colbert about the fire risk. Discussion was held about the intent to pay for fire service and the costs and risks of having or not having fire service. Councilmember Summerhays suggested having another meeting with the Suncrest residents. Mr. Long said the city cannot pay for the key infrastructures if they are paying for the fire-fight services. Mr. Long said a short –term solution would be to leave the TRSSD alone, reduce the tax rate so the surplus goes back to the district residents, and explain to the residents to agree to apply the surplus toward cost of the fire station. This would allow time to work out a long-term solution. Discussion was held about the possible reaction of the citizens and the affect of the ISO and homeowner’s insurance ratings.

Mayor Smith asked the councilmember’s to think about other options. Councilmember Summerhays reiterated his desire to meet with Suncrest residents to discuss this. Councilmember Colbert said the residents will feel they are not responsible for this issue. Mr. Long agreed it makes sense to schedule a meeting at the SunCrest Fire station to talk about the problem, the history, and options. Amy Baird said this year was different because Zion’s Bank plowed some of the streets but those residents still paid the same amount. Danyce Steck explained how costs are allocated to TRSSD. She said this is a very burdensome process. Discussion was held about contracting for all the services, particularly snowplowing.

April 20, 2010 City Council UNAPPROVED minutes (draft)

Councilmember Colbert said there is a piece of curb missing on the Long Branch Drive adjacent to Deer Ridge. At the Suncrest meeting there was a lot of concern about safety issues with SunCrest Drive and other roads regarding striping, flags for snow, and basic maintenance. Another issue expressed is a strong support of the establishing a TRSSD advisory board. He said it has been voted down in the past but may need reconsideration. He said he thinks they need 5 members to work with Danyce Steck on the budget process and make recommendations as far as level of service. Councilmember Rappleye said they would become advisors but would not control the tax fund. Council member Colbert said he is supportive of creating such a board. They need information and understanding.

April 27, 2010 City Council APPROVED minutes

Councilmember Colbert asked if an overlay could be done on Deer Ridge Drive and some portions of Lone Peak Parkway. David Decker said we will try to crack seal it, put fabric down, and do an overlay. The possibility of using TRSSD funds for Deer Ridge Drive was presented.

Mayor Smith said there have been discussions in the past about creating this type of board but it has never gone forward. He said the purpose of the board, number of members, liaison from the council and other items need to be discussed. Councilmember Colbert said there are a number of issues that could benefit from citizen input. He felt there should be 5-7 members. The board would need to meet requirements of the Open Meetings Act and hold regular meetings. Councilmember Stenquist asked why this came up. Councilmember Colbert said questions came up during the budget discussion and there was a desire expressed by Suncrest residents expressed at their homeowner meeting to have their voice heard. Councilmember Stenquist said he understands SunCrest is one of the highest taxes areas in Utah. He said we already have a process for getting information and he is hesitant to add a middle layer between the council and the residents. Councilmember Colbert said there is a strong feeling from those residents to get more involved and to alleviate feelings of disconnect for those residents. Councilmember Stenquist expressed concern, noting that community councils were dissolved because those councils became politicized and started to working counter to the city. Councilmember Colbert said he feels this is different because it is a separate taxing entity. Councilmember Rappleye said he feels it would facilitate better decision making if the special needs of residents are discussed. Councilmember Stenquist said other areas may come forward and request a similar committee for their areas. He said the board members should be appointed and bylaws adopted if a board is created. Mayor Smith said the request keeps coming back. This area has additional needs and costs. Councilmember Colbert said the board needs to be TRSSD, not Suncrest. Councilmember Stenquist said he wants to make sure the SunCrest residents feel comfortable coming to the city council as their elected officials. Councilmember Colbert said this item was put on the study meeting agenda to see if there is enough support to move forward with establishing a board. Mayor Smith asked that this be put on the agenda as a discussion item so the full council can take part in the discussion. Doug Ahlstrom said the board would need to be created by ordinance as specified in the city code. Councilmember’s Colbert and Rappleye stated the board would need to be centered around the TRSSD fund balance.

Mr. Long pointed out the bond on the Suncrest fire station has been paid with the Fire Impact Fee fund. After another year, another source will be needed to pay that bond. Councilmember Colbert added that two additional stations will be needed by the time the city is built out.

The TRSSD fund was noted. No capital projects are proposed from this fund at this time. Funding for the salt dome and fire services need to be discussed. Councilmember Summer hays asked for a continuation of the dialogue about the history of the Suncrest development.

May 11, 2010 City council UNAPPROVED minutes (draft)

Councilmember Summerhays reviewed the purpose of the TRSSD. Doug Ahlstrom explained that the council created the district and set themselves up as the administrative control board. The council can create a citizen’s advisory board that has all the power of the board except the power to tax. Mr. Long said the resolutions creating the board specifies the duties of the board and includes “and any other activities of the district.” Mr. Ahlstrom said the law is specific to require advertisement in the Notice of Intent what is being proposed. Only specified activities can be adopted. Councilmember Walker pointed out the TRSSD can pay for all the road problems because transportation includes snow removal, street lighting services , repairing and maintaining roads. Mr. Ahlstrom said everyone is taxed at a certain level, and TRSSD puts in the extra amount. Mr. Long said that is the understanding, but that is not what the resolution says. Councilmember Colbert urged equity. Mr. Ahlstrom agreed with Mr. Long, stating the resolution mimics the notice of intent, which is copied straight out of state law. Mr. Long said from legal point of view, what was adopted is not what had been discussed. Councilmember Colbert said one solution is to have one resident from the district appointed to the TRSSD board as a voting member. That would give representation and gives a voice of the district residents. Councilmember Walker said the council represents everyone in the city. He said the tax rate for the entire city is affected by the district. The district is a neighborhood with significant problems such as the fire station and the roads. Those problems will break the budget for the entire city. He said the budget meetings are open and the city is transparent with the money and its public clamor that some of the district residents don’t trust the council/board. Councilmember Colbert replied the TRSSD is the highest taxed entity in the state, and one vote won’t change anything. Discussion was held about the fire station history and fire protection. Councilmember Walker said the ultimate goal of some TRSSD residents is to eliminate the district. Councilmember Summerhays said he would like to have a meeting at Suncrest to discuss this. Mr. Long said the council needs to resolve in their minds how they want to address this before meeting with residents.

Monday, May 10, 2010

SunCrest Community Clean up day/ Blood Drive

Just a reminder that we need volunteers to help clean up the next Saturday, May 22nd.
8:00-10:00am at Village Green Park

This is a way for the residents to volunteer their time to help clean up after the winter and make SunCrest beautiful again. If we don't get enough volunteers to help then it may have to be contracted out and we can pay for it instead....hmmmm...I am thinking a hour of my time is better than paying for someone else to do it.

We need help painting and repairing bridges, picnic tables and the gazebo in the Village Park Green. The OA will provide all the supplies. It would also be great if you can't attend during that time to just pick up some trash around your neighborhood during the weekend and throw it in the dumpster. Every little bit helps.


Blood Drive
Saturday, May 22nd 9am-1pm. Suncrest Information Center Parking lot
ARUP Blood Services is coming to our community. Call 801-572-1233 or email cpappas@ccmcnet.com to schedule your appointment today. Walk ins are welcome too. This only takes 15 minutes of your time and you could save a life.

Thanks for your support

Wednesday, May 5, 2010

2011 TRSSD Budget

Here is the tentative budget approved by the Draper City Council last night. The final budget will be approved on June 22, 2010. It looks pretty much the same as last years budget. It states we still have 3 full time salaried snow plow drivers with paid benefits. The line items that say CLOSED mean they aren't be budgeted for anymore. You should be able to click on the picture to view it better. If you want a hard copy then email us or search for it on the Draper City website.




Tuesday, May 4, 2010

Open Letter to City Council Regarding TRSSD

Paul H. Tonks, Esq.

Eagle Crest Drive, Draper, Utah 84020


May 4, 2010

Re: Traverse Ridge Special Services District

Draper City Council:

Draper City Council has been discussing ideas on how the Council could receive feedback from Draper residents living within the Traverse Ridge Special Services District (“TRSSD”) boundaries, concerning decisions on how to spend TRSSD funds. As a Draper resident living in the TRSSD, I would like you to consider the following:

The Utah Legislature created the Utah Special Service District Act allowing local governmental entities the ability to create a “special service district” for limited purposes. Utah Code Ann. § 17D-1-101. The special service district is a “body corporate and politic with perpetual succession” that is “separate and distinct” from the municipality that creates it. Section 17D-1-103(1)(a). Generally, a special service district is allowed to provide services “that the governing body determines will more effectively carry out the purposes of the special services district.” Section 17D-1–103(2)(q).

Approximately 12 years ago, the Traverse Ridge Special Services District was created through a partnership between the City of Draper and the developer of SunCrest for the purpose of providing a mechanism whereby the property owners within the district could be provided additional city services as necessary to address the special needs of the subdivision because of its elevation in relation to the rest of the city. Since that time, the city has wholly administered the TRSSD. With approximately 1,000 households now living within the TRSSD, this may be a good time for the city to consider other options in how it administers the TRSSD.

When the Utah Legislature created the Utah Special Service District Act, it also provided a system whereby a political subdivision could oversee a special service district and also allow those who reside within the special service district the ability to be involved in the decisions that impact their special service district. TRSSD is governed by the City of Draper, but the Act allows the city to delegate certain rights, powers, or authority to an administrative control board (“Board”). Utah Code Ann. § 17D-1-301(1). The Board may “exercise any right, power, or authority that the legislative body possesses with respect to the governance of the special service district” except for certain delineated powers listed in the Act (annex an area, levy a tax, levy an assessment, etc.). Section 17D-1-302, -303.

The Act provides that the municipal legislative body that creates the Board “may provide for board members to be elected or appointed, or for some members to be elected and some appointed.” Utah Code Ann.. § 17D-1-303(1). The city has discretion on who to appoint to the Board, and for elected members of the Board, they must either be (1) a registered voter within the special service district; or (2) an officer or employee of the municipality that created the special service district. Section 17D-1-304(1)(a).

If one were to inquire of the Draper residents living within the SunCrest subdivision what their greatest concern is regarding the TRSSD, the answer would be that we are concerned about how TRSSD funds are spent. There is a perception by some that TRSSD funds are used for improper purposes. It is obvious that better communication needs to take place between the City of Draper and SunCrest residents, and with a town meeting held in SunCrest last year and another town meeting planned in SunCrest in 2010, the city is making great strides on this issue.

However, I believe the only real solution for the twin problems of mistrust of how TRSSD funds are spent and better communication with SunCrest residents, is to make use of the solution the Utah Legislature has provided in the Special Service District Act: Elect or appoint registered voters living in the TRSSD to serve on the Board.

Currently the TRSSD Board is composed of six individuals: the five members of Draper City Council and the Mayor of Draper. Changing the composition of the Board to include one, three, or even five appointed or elected individuals from the TRSSD would still allow the City of Draper to still have majority control of the Board. But more importantly, such a makeup would allow TRSSD residents to be actively involved in the discussions and actual votes of the Board, giving the SunCrest community a greater voice in how their tax funds are utilized. It is also in line with the basic conservative principle that the closer the government can come to those who are governed, the greater the opportunity for them to direct how they are governed.

As noted previously, it is important to recognize that the Act provides that all rights, powers, and authority for the TRSSD Board are delegated to it from Draper City Council, and Draper City Council must retain certain rights. Further, according to the Act, Draper City Council may “at any time modify, limit, or revoke any right, power, or authority delegated to the administrative control board.” Utah Code § 17D-1-301(4)(a).

Concerning the proposal for a TRSSD advisory board, I agree with several Draper City Councilmen who have opined that the advisory board would have the effect of adding an extra layer of government between SunCrest residents and the City of Draper. Additionally, while having an advisory board is certainly a step closer to having SunCrest residents more involved with the City of Draper, members of the advisory board would only have the ability to “advise” as opposed to actually being able to vote for action items brought before the TRSSD Board.

Accordingly, please consider this proposal to include TRSSD residents on the TRSSD Board as you discuss how best to involve SunCrest residents with decisions of the Board. Thank you for your time and consideration.

Sincerely,

Paul Tonks

Draper and SunCrest Resident