SHCC Meeting Minutes – July 2010

July 7, 2010

Trustees Absent Excused – Jason Bradley, Barbara Green, Benny Keele, Cabot Nelson, Travis Pearce, Ray Pugsley, Maggie Shaw and Sandy Walsh

Trustees Absent Unexcused – Laurie Bray, Greg Carter, Carlyle Harris, Derek Payne and Ruth Price

Others Present – Jaelene V. Myrup and Adriane Juarez

Call to Order – Philip Carlson, Chair 7:03pm

Philip Carlson’s motion to accept Rawlins Young petition was approved unanimously. SHCC now has tote bags with the color logo for purchase $15.00.  Ed Sperry has resigned from the SHCC.

Approval of Minutes – Philip Carlson’s motion to approve minutes was approved unanimously.

Public Comments – None.

Officers Report

• Treasurer – Dolores Donohoo reports a beginning balance of $3,323.71.  There have been $322.50 expenses this month with a June ending balance of $3,001.21.   Dolores Donohoo’s motion to approve Robin Bastar as the Assistant Treasurer was approved unanimously.

Committee Reports – View committee reports on www.sugarhousecouncil.com

• Land Use & Zoning – Wilmington Gardens presented latest drawings to LUZ committee and will present to full council in August.  Planning Commission agenda for upcoming projects: Chik-Fil-A – July 14th, Solie Cover (formerly Nielsen PUD) – July 28th, Westminster Mixed Use project – August 11th or 25th.   Unit legalization at 972 Garfield was not supported by committee because it is currently not a livable, legal unit.
• Parks, Open Space & Trails – Wasatch Hollow conceptual plan handout.  There will be an Open House on July 13th at downtown library at 6pm on an infrastructure network along the wasatch front region to gather public comments.  Planting at Parley’s Historic Nature Park this weekend and the trail is expected to open mid August.
  Transportation – Discussed traffic calming measures and hopes to convince SLC to resume the program.  Upcoming topics will focus on the 3rd Motor Age to look at the history of transportation.
• Sustainability – July 22nd is the next Household Hazardous Waste event at Sugar House Park from 7-10am.
• Farmers Market Booth Update – Arts Festival sold 13 tote bags and cards with profit of $166.  Upcoming SHCC booth on July 30th.
• Finance –  Committee’s motion, the Budget & Finance Committee will be composed of three or five SHCC Trustees, Dolores Donohoo, Robin Bastar, Sarah Carlson.  Our mission is to: determine an annual budget for ratification by the Board, raise money for the annual budget, to support and further the mission of the Sugar House Community Council approved unanimously. 17-0

Conflict of Interest Policy – Robin Bastar – In order to complete the 501©3 application Robin is proposing that the board adopt an IRS approved conflict of interest policy to satisfy the guidelines of 501©3 status.  Grace Sperry’s motion to commit this issue to the Bylaws Committee for review not seconded.  Motion to end debate passes 13-4.  Robin Bastar’s motion to adopt the conflicts of interest policy as presented to the board of trustees of the Sugar House Community Council passes 14-6.  Full text of the conflict of interest policy found at the end of the online version of the minutes.

Special Presentations –

• SLC Golf Enterprise Fund, David Terry – SLC golf courses are run from an enterprise fund that does not rely on general fund money to operate and over the years little operational money has been put into capital improvements.  Nibley Park golf course has an antiquated infrastructure and poor service oriented improvements for future public use.  A proposal has been submitted to the Mayor and City Council to sell selected parcels owned by the golf enterprise fund, but not part of any golf course to raise money to fund improvement projects.  Specific projects for Nibley Park golf course include redesigning the driving range, build a practice green and chipping area, improve bathroom facilities, possibly include a miniature golf course and batting cage.  Public comments are being accepted at [email protected] .
• Utah Heritage Foundation, Elizabeth Bradley & Steve Cornell – Dedicated to the preservation to historic buildings through education, financing and easement on historic properties.  Would like to bring experts to the community council to provide education opportunities for historic preservation designation and restoration and asked for feedback on topics we would like to have presentation on identified issues to share knowledge and resources.
• Tree Care, Richard Nelson, SLC Foresters Office – Recent trends have been to minimize water needs in yards by xeriscaping and a side effect is a deterioration of large trees due to lack of watering.  The basic rule to calculate how much to water big trees is to measure diameter of tree at chest height to calculate inches of caliper and then multiply 10 gallons of water per inch of trunk once per week, in early spring and fall (temp below 80 degrees), mid summer do that twice a week (temp is above 80 degrees) and water by focusing on drip line (base of the tree).

Monthly Presentations –

• Sugar House Merchants’ Report – Barbara Green – Barbara is not present.
• Business Spotlight – Michael G. Kavanagh
  Paula Daly
  The Square Nest
  2186 S Highland Dr
  Has a store in the 9th & 9th area for the last 4 years and opened a second store in Sugar House one week ago that focuses on home décor and a great diversity of gifts.
• Police Report – Detective Cryder 801-799- 3669 –http://www.slcpd.com/crimestats/crimestats.html.  Detective Tyler Boelter is now taking over this district as community liaison.  Passed out crime statistics handout.
• Mayor’s Office Report – Shawn McDonough 801-535-6338 [email protected] .  Workshop being held at Public Safety Building July 8th for the public to review designs.  Clean Air Challenge starts July 1st for SLC residents to reduce emissions through individual participation sign up at www.slcgreen.com.  Mayor Becker is recognizing Scott Workman for his community action in saving Sugar House fireworks.  Trustee’s requests clean up of the Forest Dale glass recycling area and to convey appreciation to public services for clean up after Arts Festival.
• City Council Update – Soren Simonsen – [email protected] .  Soren is not present.
• Sprague Library Update – Adriane Juarez – Thanks for inclusion with the Sugar House Arts Festival it brought a lot of new people into the library.  Art exhibit by Jennifer Singleton runs through July 22nd.  This fall the library will host a mobile technology lab that will come through Sprague and the public can sign up for classes.  Summer reading club theme “Make a Splash” for adults to read a book and write a review of the book to waive late fees or send pictures of yourself enjoying water activities that can be posted to “The Hive” project to waive fees.  Children activities – Mad Science on June 15th at 11:00 am, Wiz Giggles puppet show August 5th, 1pm, Cold Case, Secrets of the Dead July 20th at 4pm, Making Art with the Museum of Fine Arts July 31st, 2-4pm, Raptor Rapture with HawkWatch Aug 10th at 11am.  Summer concert series has started for more information see SHCC current events schedule.

Judi Short’s motion made by to adjourn passed unanimously.

Adjournment 8:57 pm
Conflict of Interest Policy
Article I
Purpose
The purpose of the conflict of interest policy is to protect this tax-exempt organization’s (Organization) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.Article II
Definitions
1. Interested Person
Any director, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person.
2. Financial Interest
A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
a. An ownership or investment interest in any entity with which the Organization has a transaction or arrangement,
b. A compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement, or
c. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a transaction or arrangement.  Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.  A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.

Article III
Procedures
1. Duty to Disclose
In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement.
2. Determining Whether a Conflict of Interest Exists
After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.
3. Procedures for Addressing the Conflict of Interest
a. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
b. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
c. After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
d. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.
4. Violations of the Conflicts of Interest Policy
a. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible
conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
b. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the
governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

Article IV
Records of Proceedings
The minutes of the governing board and all committees with board delegated powers shall contain:
a. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.
b. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.

Article V
Compensation
a. A voting member of the governing board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
b. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
c. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who
receives compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

Article VI
Annual Statements
Each director, principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person:
a. Has received a copy of the conflicts of interest policy,
b. Has read and understands the policy,
c. Has agreed to comply with the policy, and
d. Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.

Article VII
Periodic Reviews
To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:
a. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm’s length bargaining.
b. Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organization’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction.

Article VIII
Use of Outside Experts
When conducting the periodic reviews as provided for in Article VII, the Organization may, but need not, use outside advisors. If outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring periodic reviews are conducted.
Signature       Date