7-11 (in Silver Springs) Inspection
Summit County Health Department inspected the 7-11 in Silver Springs on 10/14/2014. We have created a page on how to read the Inspection Report. We’ll highlight the things that may be of interest. Please read the full report below for a complete and accurate report.
Good Practices:
- Toilet facilities well constructed supplied, and cleaned
- Physical facilities installed, maintained and cleaned
Temperatures:
- Hot Pockets / Walk-in 35º
- Taquitos / rotisserie 152º
- Hot Dogs / rotisserie 154º
Observations and Corrective Actions:
- Food items on floor of walk-in (Hot Pockets)
- Cold table above 41º
- Store mop to air dry
- Toxic substances stored beside sandwiches
The Summit County Council Chose Poorly When Allowing the Basin Rec Bond to Continue on the Ballot
On Wednesday evening, Summit County held a meeting to enable citizens to speak for or against a Basin Recreation Bond. Earlier, news had broken that the County would be violating Utah Statute 11-14-202 if they went ahead and allowed the bond to be on the Ballot. That statute says that election must formally be noticed in the paper 21 days before the election. However, the County Attorney provided examples of cases that indicated that perhaps the county only needed to substantively comply with the statute.
The problem is that these cases are ancient (1908, 1952, and 1967), two-thirds of these cases are not from Utah, and none speak directly to this issue. There is nothing definitive that indicates it’s acceptable for a Utah entity to notice an election late and then have a bond on the ballot. What we do have is a statute that definitively says notices must be in the paper 21 days before an election.
With nothing definitive to back it up, the County has decided to go ahead with the election, even though it violates statute in the hope that it won’t be challenged.
Some might say, “Does this matter? If the last open space bond election was any indication, this bond will pass with flying colors. Besides, everyone knows when the election is. It’s been all over the radio.”
We take a few issues with this:
- The topic really shouldn’t matter. What if next time it was about something entirely different, say a school building, where people are very divided on the issue.
- Just because certain people have the opinion that “information has gotten out on a subject” doesn’t mean it has. Take the Bonanza Park issue where all sorts of people came out and said they had never heard of proposed changes. People who may only read the paper occasionally may be different from those who follow local issues closely.
- If the date of election notice, or even that there needs to be a notice, doesn’t matter, why is it in the statute?
- What other parts of state statutes don’t need to be followed exactly? The hours of the election polls? The statute requiring any instructions given to voters be done by 2 people (one from each party)? The identification required to vote?
When you start drifting away from Utah Statutes about elections, it’s a slippery slope. What is done today could have unintended consequences tomorrow. It would have been far better for the County to suck it up and acknowledge that mistakes happen to everyone — but that mistakes do have consequences.
In this case, the bond would have been postponed to a later election. It probably would pass, like expected, but at least it wouldn’t be pushed through using semi-related, 1908 Utah case law to justify that rules don’t need to be followed. By waiting, they could have done it the right way.
Panda Express Restaurant Inspection
Summit County Health Department inspected Panda Express on 10/8/2014. We have created a page on how to read the Inspection Report. We’ll highlight the things that may be of interest. Please read the full report below for a complete and accurate report.
Temperatures:
- Chicken / hot- hold 147º
- Shrimp/ hot-hold 135º
- Chicken / reach-in 15º
Observations and Corrective Actions:
- Needs copy of manager’s certificate
- Needs food handler cards updated
Park Rag’s Position on Basin Rec
With a meeting tonight by the Summit County Council on the Basin Rec Bond coming up, and the number of critical stories written over the past few weeks on the Basin Rec and the Bond, we wanted to clarify our position on the organization, bond offering, and our stories.
First, we like the people at Basin Rec and like the organization as a whole. We believe they have done many good things for the community. We are glad they are here and think they generally do a great job on day to day operations.
On the bond, we think it would have been better split into smaller bonds covering individual areas. We like things like open space but don’t like committing tax dollars to the “possibility” of an ice rink. It feels like these are packaged together on purpose to get less desirable items paid for.We really don’t know how we will vote on this yet.
As for our critical stories, there are a few different angles here. First, on the field turf potentially causing cancer, that scared us and had to be said. Second, on Jeremy Ranch, that brought up an angle we had never considered with Basin Rec. We always thought of open space as causing little individual issue. Our story on them converting a neighborhood field into a small dog park highlighted that it can cause problems. On the bond, there are thousand of dollars of marketing money being put into getting people to vote for this. While some of us involved in the Park Rag may end up voting for it, who is speaking for those who disagree? So we felt we needed to bring up issues to try to provide some balance to the conversation.
So, we don’t harbor any ill will against Basin Rec but we do think our citizens deserve as much information as possible. We won’t turn a blind eye and ignore potential issues just because they have been the darlings of the community for years. We hope you understand.
Park Rag Will Keep Comments Open
If you’ve been following us for a while, you will know how we reluctantly added commenting to Park Rag a few weeks ago and planned on giving it a couple of weeks to see how it went. We were worried that people would be rude or that no one would use it at all. The latter is far more close to the truth.
However, as often happens, what you don’t account for is what happens. We’ve received a couple of comments that have said what was posted was inaccurate. In one case, they appear right, and in the other we don’t agree. However, it does provide a mechanism for people to provide feedback on what is said, and we appreciate that function. That contributes to the conversation we are trying to have.
So, we are going to leave comments in place.
Thanks to everyone who has been participating, we appreciate it.
If You Don’t Want 5 Story Buildings in Bonanza Park You Better Speak Up
This morning Park City City Manager, Diane Foster, was on KPCW and was asked about the Bonanza Park form-based code redevelopment. Ms Foster said that people were concerned that there would be “8 story buildings” accompanying a Bonanza Park redevelopment and they were happy to learn that they would actually be 3 story buildings with the limited potential for 4th and 5th stories if affordable housing was added to the development.
That sounds great. New development will generally be similar in height as today. If buildings get taller, only 75% of the square footage of the bottom floors can be used on the 4th floor and 25% on the 5th floor. In the unlikely event someone wants those extra two stories they will have to build affordable housing. Does that make you feel better? Maybe it shouldn’t.
First, let’s ask why we care about height at all. Most people care about height because it blocks the view of ridge lines, mountain peaks, etc. Others worry that it contributes to too much of an urban feel in our little town. So, imagine a building where there is 5 stories but the top floor has 1/4 of the square footage but runs the width of the building. It still blocks the view and it still looks like it is 5 stories. We always think of the Sears Tower (now Willis Tower) in Chicago. It’s top floors are about 1/16th the square footage of the bottom floors but it’s still 1400 feet tall. Tall is tall, no matter how you slice it.
The second issue is the affordable housing component that may be required to build extra floors. That sounds good. We need to ensure that locals who aren’t millionaires can afford to live here. If that element is lost, it tears at our social fabric. We see why that argument could make sense. However, do you ever wonder why you don’t see a lot of affordable housing in Park City? It’s a little complicated, but let’s start with the way a developer can meet its affordable housing requirements:
- Construct units on site
- Build affordable housing somewhere in the city limits
- Convert current non-affordable units to affordable housing
- Construct units outside of Park City but within the school district boundary
- Pay a fee in lieu of developing the units
So, what’s the likelihood of affordable housing ending up within these buildings? Perhaps Park City will specifically write into their code that current affordable housing rules do not apply to these areas and that the affordable housing must be within the base of the building. If not, then don’t count on any affordable housing in this area. The likely outcome, which often happens here, is the fee in lieu option. The developer will choose to pay their $300,000 in affordable housing fees to build that $3 million penthouse without having to sacrifice a thing. They get to use all the square footage at market rates on floors 1-3 plus they get the bonus penthouse(s) or condos on floors 4 and 5.
If you think that you won’t notice the extra height in Bonanza Park. Good luck with that. If you think that the good done outweighs the bad. Well, god bless you.
Right now, the Who’s “Won’t Get Fooled Again” is playing in the background.
Is Summit County Poised to Knowingly Violate Utah Election Laws?
Is the County about to violate Utah law by proceeding with having the Basin Recreation Bond on this year’s ballot? Utah Statute UCA §11‐14‐202(1)(a) states that in any election where there is a bond on the ballot, that notice of the election has to be made to the public 21 days before election date. This formal notice has to be made in both the Park Record and on the Utah Public Notice website. Notice was made to public, in both of these, on October 20. That is only 15 days before the election. Therefore, to hold the Bond Election would violate Utah law.
The Snyderville Basin Special Recreation District, the organization proposing the bond, asked the County Attorney for legal counsel on the issue. The memorandum from the County Attorney, Dave Thomas, confirms that the required notice was not given and then tries to find legal precedent to determine whether violating the statute has invalidated elections in the past. He finds:
- A case from 1908 where polling locations were not listed in an election notice. The Supreme Court of Utah found that when “polling places were not listed in the election notice was insufficient justification for voiding the bond election.”
- A Washington State case from 1967 where a notice of an election about annexation was given a few days late. The court found that they had substantially met the need to notice the election.
- An Iowa case from 1952 where the notice of election wasn’t published for a long enough time. The court said that if someone brought an action before the election then they would have held that the notice length per statute was mandatory and they would have not met this requirement (thus probably invalidating the election) but if it’s brought afterwards then substantial compliance would be assumed because people showed up at the polls.
While it’s clear Mr Thomas is an attorney (and a pretty good one from what we have seen) and we are not attorneys, we do have some questions about these precedents, since none are apple-to-apple comparisons:
- On State v Utah, it appears this issues comes down to whether providing notice is merely suggested or is mandatory. If we are going back to 1900 anyhow … the State Attorney General at that time seemed to think election notices are mandatory. Who knows which turn of the century edict matters more but this issue really seems to be at the crux of the issue.
- On the the Washington State Case we researched the issue and it appears the court stated “We have consistently held that, unless the statute which prescribes the form and manner of publishing election notices, expressly provides that non-compliance with the statute will render the election void, it is regarded as declaratory rather than mandatory.” Does Utah have the same stance that unless the statute specifically says that non-compliance renders the election void, that the election will be validated?
- On the Iowa case, does this also cut the other way where a court may find that Summit County knew it was violating the statute but went ahead anyhow and thus the bond election should be invalidated?
The County Attorney’s opinion was balanced as expected. “In conclusion, my legal analysis shows that there are rational legal arguments (“Substantial Compliance”) consistent with Utah law that sustain an election where the Notice of Election is published late. However, there are no Utah cases on point which specifically address tardy legal notices.” So, it appears the legal opinion is that there may be general case law that supports trying to move forward with the bond, even given the statute. However, to an outsider it seems like the law is the law.
The Basin Special Recreation District has recommended continuing to move forward when they wrote, “Snyderville Basin Special Recreation District recommends to the County Council in advance of this final Public Hearing for the bond, that it continue to support and recommend the bond proposition.”
So, what’s the big deal? There are a number of issues, the first being fairness. As an analog, the Park Rag neglected to pay its Summit County Property tax on time this year. We forgot that we had to file an exemption to pay no taxes (we have less than $10,000 in assets). So, when we found out we missed the exemption window we paid our $50 of taxes and our $25 late fee. Should we have been able to claim the rule that required an exemption to be filed by May 31 was merely a suggestion and not mandatory? Should we be able to claim that having to pay nothing was substantively correct so we shouldn’t have to pay anything? For normal people that’s how your assets end up being sold on the steps of the County Courthouse. Shouldn’t Summit County hold itself to the same standards that it holds its citizens to?
Secondly, they are playing with fire. This is a mid-term election that will likely have low voter turnout. When someone loses by 50 votes, they may go quietly into the night or they may sue to invalidate the election. The County is hoping that doesn’t happen. As an old acquaintance of ours once said, “Hope is not a strategy”. [Update: People have pointed out that it may be unlikely that an entire election would be in jeopardy and be required to be repeated because of this, but an argument may be able to be made that lack of notice about the bond, it lowered turnout, thus impacting the election. We are not lawyers, so we could be clueless on that. We do concede this is a large leap to take.]
Finally, there are people in Summit County with enough time, enough money, and enough experience to make this an issue if they want. Don’t discount the possibility of legal action being brought just because they can and just because they have had a beef in the past. Usually lawsuits with the county are fairly self-contained between the county and a developer (for instance). In this case, the election outcome for at least the bond will hang in the balance. It will be news and will not be flattering.
Where does that leave us? All parties agree that Summit County didn’t create an election notice on time. This violates Utah statute, if they proceed with the bond on the ballot. The County Attorney cites precedent from 1908, 1952, and 1967… only one case being in Utah. The precedent is used to contend that they may only need to substantively meet the requirement of notifying the population of the election and that if notifying the public isn’t mandatory then there may be no issue. So, Basin Rec has recommended moving forward with the bond. Now the County Council has the opportunity, on Wednesday, to void the bond or let it proceed ahead.
If the council voids the bond, the election goes ahead without anything hanging over it. If they don’t, then they rely on hope. A betting man would give 10 to 1 odds they’ll vote for “hope” because it’s less messy right now… but we’ll see. That’s why they play the game.
Read the document from Basic Rec and the County Attorney’s opinion here.
Update: There may be another area, somewhat ancillary to this, that is running afoul of state statute. We’ll try to report more on that later if we have time.





