CROSSROADS THE
Connecting Eagle Mountain and Saratoga Springs
Thursday, October 6, 2011
JOURNAL
www.thecrossroadsjournal.com
Primary election results By Emily Fotheringham Staff Writer
The biggest story coming out of the primary elections, which were held last month, was the low voter turn-out. In Saratoga Springs 13.2
percent of registered voters cast their vote, while in Eagle Mountain that number was even lower with eight percent making the effort to vote. Also of interest, in both cities all incumbent candidates received enough votes to have their names on the November general ballot.
The Municipal General Election will be held Tuesday, November 8, when both cities will be voting on three city council positions. Below lists those who will be running in the general election, as well as the number of votes that they received in the primary election:
Saratoga Springs Shellie Baertsch, 644 Rebecca Call, 599 Ryan Peltekian, 199 Bud Poduska, 560 Lorin L. Pratt, 180 Stephen Willden, 337
Eagle Mountain Donna Burnham, 390 Jon Celaya, 270 Bryan Free, 199 Ryan Ireland, 373 Michael Monsen, 205 Richard Steinkopf, 233
Shellie Baertsch
Rebecca Call
Ryan Peltekian
Bud Poduska
Lorin L. Pratt
Stephen Willden
Donna Burnham
Jon Celaya
Bryan Free
Ryan Ireland
Michael Monsen
Richard Steinkopf
A lesson in law: Can a City Council remove a justice court judge? By Jennifer Klingonsmith Staff Writer
During political campaigns, many ideas are discussed concerning the future of Saratoga Springs. This is a good thing, as it is easier to get to know candidates and their goals if elected. At a meet-the-candidates night in September, one of the issues raised was a desire to remove Judge Keith Stoney from the Saratoga Springs Justice Court. Two candidates, Ryan Peltekian and Lorin Pratt, told residents that Judge Stoney was harsh and needed to be removed. This got me thinking . . . do City Council members have the authority to remove a judge? For the answer, I was directed to the Utah Code of Law, which governs the relationship between local governments and justice courts. In Title 78, Chapter 7, I found the answer to my question. Local government officials can-
not fire a judge (this can only be done by voters every six years). However, in Subsection 123, it states that city councils do have the authority to dissolve a justice court, thereby removing a judge. But this action comes at a cost. In Subsection 207, the law reads: “The salary fixed for a justice court judge may not be diminished during the term for which the judge has been appointed or elected.” This means that if a City Council disbands a justice court, the city would still be required to pay a judge’s salary for the remainder of the term. What does this mean in Saratoga Springs? If city officials disbanded the court, as these candidates discussed, Judge Stoney would be paid his full salary through 2016. Can Saratoga Springs do without a justice court? The answer is no. Subsection 123 states that if a justice court were disbanded, the cases would then be sent to the district court. But Assistant City Manager Spencer Kyle explains that the
district court would most likely refuse the cases, thus forcing Saratoga Springs to contract with another city’s justice court for services. Saratoga Springs would then be in a similar situation of years ago when it contracted with the Utah County Justice Court. Not only would residents have to travel to another city to attend court, but half of any fines would be retained by the other city’s court. In the end, Saratoga Springs needs a place where justice can be served. There will always be some amount of crime in the city—drug infractions, domestic violence, DUIs and traffic violations. And court is where the innocent are exonerated and the guilty can pay their debt to society. In response to allegations that Judge Stoney is a harsh judge, Kyle states, “I think our judge is following the law. People that are being found guilty in our justice court would be found guilty in other
courts as well.” Addressing the information found in the Utah Code of Law, candidate Lorin Pratt states, “If I [have] the opportunity of serving the residents of our city on the council, I
would not make any rash decisions in haste; rather, my actions in this matter would be deliberate, sound, and under the advisement of legal counsel and other subject matter experts.”
Westlake to hold families program Every year the counseling office at Westlake High School organizes a parent information evening. This year the president of the Utah Mothers Against Drunk Drivers, Jaynie Brown, has been invited to speak. Brown has created a DVD called "Strengthening Families Program." She will be presenting this DVD and important information to parents on Octo-
ber 6 at 6:00 p.m. in the Westlake auditorium. Admission is free. Parents are encouraged to attend and learn research-based skills to help parents and kids develop happier family relationships and keep kids addictionfree. It has been updated and proven effective by families in all 50 states and 15 foreign countries.
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Thursday, October 6, 2011
What do you think ? Almost everyone has been affected by job loss or knows someone who has been affected. President Obama has asked Congress to pass a proposal to get America back to work. The bill is called “The American Jobs Act.” Some of the things this act includes are that it cuts the payroll tax for workers in half and cuts it in half for businesses until they reach the $5 million mark on their payrolls. It also offers $35 billion in aid to states to prevent teacher layoffs and sets aside money for investments in transportation infrastructure. It provides help to extend unemployment benefits, money for a new tax credit to encourage businesses to hire the long-term unemployed. The Crossroads Journal asked residents, “What do you think about the president’s jobs act?”
What do you think about the president’s jobs act? “Before 2008 when we lost half of our retirement income, I'd say if it ain’t broke, don't fix it. Now things are so broken I don't know what the answer is to fix it!” -Marlene Roth Saratoga Springs
“Who could object to our president’s sound proposal to help restore liberty and justice for all?” -Sonja Smith Saratoga Springs
EM’s Trick or Treat Village Oct. 29 12-4pm. Trick or treating, pet costume contest, haunted house, spooky stories, games, pie contest, bounce houses, chance to see creepy crawlies and scarecrow contest benefiting a local school. www.eaglemountaincity.org or contact Angie at 801-789-6603.
“I would like to see all of this happen, but can it really happen? I definitely feel we need to help the small businesses by lowering their taxes, so they can hire more people. That will definitely help the unemployment situation. Also, if we don’t help people keep their homes, then our taxes will end up paying for them to have state assistance anyway.” -Chris Maynard Saratoga Springs “I believe that the Obama administration will again fail in achieving the goals to address the job crisis in America even though the bill addresses certain areas of the job crisis and the deficit. It needs to start by cutting presidential and congressional and all other high government agencies' pay and benefits and spending and start putting that money into America where we need it the most.” -Jennette Warren Saratoga Springs “If we have to cut into Social Security in order to get jobs, that’s not right. Social Security should probably be increased and strengthened in order for the future generation to be able to use it. It’s nice to give small businesses tax breaks if it encourages them to hire people. Unemployment is about nine percent, so lots of people need jobs. However, many people have had extension after extension.” -Bob Maynard Eagle Mountain
COMMUNITY CALENDAR
Hidden Hollow Elementary Carnival Oct. 14, 4:30-7:30 pm. Pre-sale tickets available until Oct. 10 five tickets/$1. Tickets at the door are four tickets/$1. Candidates for EM’s City Council will participate in a debate Nov. 2 at 6:30 p.m. Held in the council chambers at City Hall. C.E.R.T classes offered by EM Fire Dept. at Fire Station #2 in the Ranches. Weekends Oct. 8
and 15. Cost is $20. Contact Steve Conger at 801-420-2897 or sconger@emcity.org. Westlake High School is starting a tutoring center and needs volunteers from our community. We want to give the students equal opportunities to succeed in the areas they sometimes fall behind in such as algebra I & II, geometry, calculus, chemistry, physics and language arts (writing structure). We will start before and after school tutoring. For more information on how you can help out at the high school, e-mail or call Shari Davis at 801-214-8446 or sharidavis.whsvolunteer@gmail. Eagle Mountain area seniors: Schedule and information can be found on www.emcity.org. All residents ages 55 and over
are invited to attend the monthly activities, including those from Saratoga Springs and Cedar Fort. Watch for an upcoming schedule for the senior bus. For general questions, contact Carroll Johnson at 3181595. UTAP is a program to assist eligible households with their monthly basic local telephone service. The program provides a monthly discount of $13.50 to income qualified or customers on their primary landline only. A Link-Up credit is also available to discount 50% of the installation fee if the customer is approved within three months of phone installation. To find out more information or to get an application, call: 1-800-9487540 or check the website at http://housing.utah.gov/seal/ap plications.html.
7618 N. Silver Ranch Road, Eagle Mountain, UT 84005 (801) 407-1340 • thecrossroads@digis.net Managing Editor
LeeAnn Bohman
editor@digis.net
801-789-3015
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The entire content of this newspaper is Copyright© 2011 The Crossroads Journal. All rights reserved. No part of this publication may be reproduced in any form without the written consent of the editor or publisher. The opinions expressed herein are those of the writers and do not necessarily reflect the position of the publisher.
Thursday, October 6, 2011
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Thursday, October 6, 2011
Ranches HOA facing challenges By Emily Zimmer Staff Writer Recent events surrounding changes made to the Ranches Master Homeowners Association (HOA) amendments have caused a rift in the community groups, particularly amongst the majority of the sub-associations that make up the some of the master association. Brian Haskell, hired property manager for Ranches HOA, has indicated that the tensions arising from a vote by delegates to change the amendment in 2009 are due to misunderstandings rather than inappropriate actions, as some are contending. Haskell asserts that the 2009 vote was simply an attempt to streamline and clarify rules which had already been changed in a 2004 vote on the HOA amendments. In fact, notes Haskell, the main reason for changing the 2009 amendments was to reduce the amount of voting power held by the declarant/developer. Previously, the developer had a majority vote due to the amount of properties held in his name. The HOA president and other members of the board felt it was in the best interest of homeowners to limit the percentage of votes that the developer was able to claim. Therefore, they enacted a vote for changing the amendment as to limit the voting rights to only those properties which were currently being built or are classified as improved. Previously, the developer had the ability to vote for any lot which was owned by his company. According to Haskell, the developer does pay the same HOA fees per unit/lot he owns, just as individual homeowners pay fees to their own HOA or sub-HOA in their particular communities. In that regard, the developer still carries a large amount of votes in each particular delegate district where he owns property. Haskell asserts that even though the developer may have a large share of votes, the influence he has over each district is no greater than individual homeowners, if the delegates are going their job and taking into account all of the members’ wishes and concerns when voting. Whether delegates are doing the job they have agreed to do is up for debate at this time. HOA Master Amendments require that delegates hold "delegate district meetings" to ascertain the wants and needs of their voting members prior to certifying the member's vote at the delegate meeting. In regards to the vote which changed the amendment in question at the December 2009 meeting, three
of the delegates contacted reported that they had not held the district meetings and were unaware that they needed to do so in preparation for voting at the delegate meeting. Items voted on at that meeting in 2009 included changing the wording on the amendments, specifically under section 11.3 in the governing documents, to allow for all voting to be done by two-thirds of the delegates, rather than 75 percent of the homeowners as previously stated. Haskell contends that this change of wording and altering of the sections in the HOA amendments was simply to clarify the terms that were already outlined in previous documents. He states, "The 2009 changes were a restatement of all previous documents. We simply rolled them into one." Haskell further argues that the right for delegates to vote was already in place throughout the documents and that changing the wording did not restrict the rights of individual homeowners. Members of the Ranches subassociations that sent a legal notice to the Ranches HOA Board on April 6, 2011, however, are in disagreement with Haskell's argument defending the changes that have been made to the governing documents. An attorney was retained who drafted the notice and sent it to the Ranches Master Association, asking them to "address certain actions or threatened actions by the Ranches Master HOA which are violation of the Ranches Master governing documents or are otherwise illegal." In response to the notice, the Ranches Master Association enlisted the help of their own attorney to counter the legal complaints raised by the sub-associations. The attorney representing the master association stated in a letter dated May 20, 2011 that they had reviewed the issue and were well aware of the requirements and obligations stated in section 11.3 of the 2004 declaration. The letter went on to state that "the requirements were duly considered by the master association well prior to the delegate vote for the 2009 declaration." The firm, as well the master board, relates that the general membership of the entire Ranches community were given several notices of the proposed changes prior to the delegates voting. Haskell said that the information was given through the community newsletter, in a separate letter to the members, as well as having the information available on the communities website. In addition, each of the delegates received a "red-lined" copy of the previous amendments and the changes that were being proposed
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prior to the delegate vote. Haskell and the attorney relate that the members "had clear and ample notice that changes were being made and had the chance to contact their delegates(s) to cast their vote according to the voting procedures of each delegate district." They both went on to relate that they "have no reason to suspect that the members of a particular sub-association did not fulfill their duties by not interacting with their delegates." Another item that Haskell asserts was clarified by re-writing the amendment in question relates to the discount that sub-association receive from the Master HOA. Due to the fact that many of the sub-HOA's have within their properties the ability to manage open spaces and enforce community guidelines, it is unfair for them to have to pay the master HOA for services which the master does not provide to them. Therefore, a formula for computing a discount was written into the new amendment where previously there was no legal way to allow such a discount. Haskell is concerned that the issue continues to be addressed in the communities as he feels that the new amendments simply clarified what had already been addressed in the 2004 changes. His assertion is that the master HOA is doing all it can to "interact positively and openly with its members to help everyone to be in compliance with the CC&R's." He continues that it is "not our intention to brow-beat or force anyone into compliance, but rules still need to be followed." He went on to say, "We want to help everyone to come into compliance, with ‘help’ being the operative word."
Haskell wonders if some of the negative comments directed towards the Ranches HOA in the recent resident survey are due to members who are unhappy because they don't like a notice of non-compliance that they have been given. While it is important to maintain order in the community, Haskell shares that "the master HOA is doing the very best they can to serve and meet the needs of the community." The community website is available for all homeowners to read and understand all the governing documents of the master HOA. Haskell invites all homeowners to familiarize themselves with the information that is provided for them online at www.rancheshoa.com. Despite the declared good intentions of the Ranches HOA and its governing body, its attorney and property managers, there are many within the community who feel that their needs and rights are being trampled. One such group has been started under the name of "Master Ranches Improvement Initiative" and is being led by Willow Springs resident Villi Olafsson. Olafsson invites homeowners to visit the website that has been created to inform members of the alleged illegal action by the Ranches Master HOA Board and delegates. He points out that some content has not been finalized, but there is basic information available now, as well as the availability to contact group leaders. Interested homeowners can visit the group’s website at www.wix.com/masterranchesii/mrii2. Olafsson shares that he has growing concerns about the way that the current master HOA board is han-
dling affairs for the community at large. He cites concern not just in relation to the alleged illegal delegate vote in 2009, but also with the fact that the current HOA board president is an appointed member of the Eagle Mountain City Council. Olafsson says that he "sees it as a huge conflict of interest" that John Celeya is also an appointed City Council member because, as he states, "there could be a possible co-mingling of funds through various projects between the city and the Ranches development." Though there has not been a formal response from the sub-associations to the letter sent by counsel for the master HOA, there is movement within the sub-association group. The group contends that there has been "stone-walling" on the part of the Ranches Master Board in regards to providing documentation, but that there is a "current legal action in the works on behalf of the homeowners," according to Olafsson. One issue that was resolved amongst the two contending parties is the issue of re-districting. In the April 6 letter to the master board, counsel for the sub-associations accused the board of "making threats about plans to redistrict in a fashion that smacks of gerrymandering." In the response letter sent on May 20, the attorney for the Ranches Master Association states that it was agreed that "it is not an issue for the association to change at this time." Clearly, the two sides are not in agreement with the outcome of the 2009 delegate vote. Representatives invite all homeowners to review their websites for further information relating to this issue, as well as to become involved in their communities and become aware of the agreement that contractually are obligated to by purchasing the title on their property.
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Thursday, October 6, 2011
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GUITAR LESSONS IN THE RANCHES $13/30 min lesson. Learn chords, tab, and notes from a patient instructor with 20 years playing experience. Call Elisa @ 801921-3530.
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EM City Council Notes By Michelle Vongphakdy Staff Writer September 20, 2011 The Eagle Mountain City Council meeting was called to order at 7:00 p.m. Those present at the meeting include Donna Burnham, Jon Celaya, Nathan Ochsenhirt, John Painter, Ryan Ireland, Mayor Heather Jackson and city staff. Information items and upcoming events The road work along Pony Express Parkway from Bobby Wren Blvd. to Mid-Valley Park will continue through mid-November. Traffic is limited to one lane while a sewer line is being installed. Public comments A resident questioned the funds being used to install the sewer lines along Bobby Wren Blvd. Mayor Jackson told him that the property owners of the land are installing the sewer lines in preparation for the middle school that may be built in that area. The school district has already secured a contract for land purchase and will start building as soon as a bond is passed. The middle school will be located north of Mid-Valley Park on the west side. A resident of the Pioneer subdivision (and secretary of the Pioneer Homeowners' Association) asked the City Council to consider putting a playground in the park in their subdivision. She noted that she had previously emailed a proposal for park improvement and that the association had selected a company to work with. The residents of the subdivision have raised $30,000 to go toward the park improvement plan. She urged the City Council
to consider completing the project this year so that they wouldn't lose discounts that the association has secured. Councilman John Painter thanked the resident for all of her hard work and preparation. He acknowledged receiving her emails along with several emails from other residents. He explained that since the budget has already been approved for the year, the only way to pay for the playground would be to cut something that has already been approved. He said he would be interested to know residents' thoughts about what other programs and/or projects they would cut out in order to pay for the playground. Policy items Appointment Trent Jackson was appointed to the Economic Development Board. His appointment was unanimously approved. He will finish out the term vacated by Susan Vanderhoef, which ends on December 31, 2013. Consent Agenda The consent agenda was unanimously approved. Motion - Consideration and approval of World Trans Services Inc. and Moheeva as participants/tenants in the Eagle Mountain City business incubator development program. World Trans Services Inc. and Moheeva will participate in Eagle Mountain's business incubator program, which offers participant the opportunity to lease business space for up to three years at discounted rates and receive business services, networking and training. The motion was approved with a unanimous vote. Bid Award - Consideration and award of bid to Black and McDonald
for site preparation work for the south substation. Black and McDonald is a construction company that will complete improvements to the substation site so that two large transformers can be installed. The transformers are scheduled to ship around the beginning of November. Councilman Ryan Ireland asked if the city has done any work with Black and McDonald before. Adam Ferre, the city's energy director, said that this is the first time the city has worked with the company, which is based in Delaware. The company is relatively new to Utah. Councilman Nathan Ochsenhirt expressed concern over the large differences between the three bids the city received. Black and McDonald's bid was $100,000 less than the next highest bidder. Ochsenhirt is concerned that the company may not be able to perform the work for the agreed upon price. He asked if the company's sources were thoroughly checked. Jerry Kinghorn, the City's attorney, suggested that they could approve the bid award pending the turnout of a thorough background check. He noted, however, that references had already been contacted. Ryan Ireland submitted a motion to approve the bid award as currently presented. Donna Burnham seconded the motion. The bid award was approved with a unanimous vote. The policy meeting was recessed so that the Mayor and City Council could convene as the official Board of Canvassers to canvass the Eagle Mountain City primary election. Motion - Consideration and approval of the report of the Eagle Mountain City primary election of Sep-
tember 20, 2011, verifying the results of the election by ratifying the results of the canvass; accepting the report of the election official and certifying the election results; and declaring the persons reported by the election official as receiving the highest number of ballots "nominated" and placed on the Eagle Mountain Municipal City Council election ballot for November 8, 2011. Linda Peterson noted that of the 23 provisional ballots that were received, 19 were verified. Seventyseven absentee ballots were sent out, 35 of which were counted on the night of the election. One ballot was received
after the election, but was postmarked on time. Twelve absentee ballots were rejected, four of which were surrendered by voters who chose to vote in person instead. Twenty-nine were never received. Of the 8,910 registered voters in Eagle Mountain, 733 total votes were cast. The top six vote getters were Donna Burnham, Jon Celaya, Bryan Free, Ryan Ireland, Michael Monsen and Richard Steinkopf. The motion was approved with a unanimous vote. The meeting was adjourned at 7:50 p.m.
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