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September 26, 2005

Are we getting ahead of ourselves?

Over the last few days the media has been celebrating the signing of the Legacy Highway agreement. Most of the local papers are hailing this as the start of construction. Others are saying that the environmental groups shouldn't be negotiated with and that other more important groups were left out of the negotiations. Maybe we should all take a step back and put this into perspective.

Ten years ago, the Legislature would not have even had a voice in all of this. There would be no talk of an up or down vote of any proposed settlement. Case in point - the "David C. " human services lawsuit that was negotiated and settled without the Legislature at all. It cost the state tens of millions of dollars, but did so without involving the branch of government responsible for the budget. Because of the lessons learned with the David C. case, the Legislature changed the law to ensure that when a lawsuit is being negotiated and signifciant taxpayer dollars are at stake (over 1 million dollars), the Legislature must approve it. That brings us to today. The legislature is involved in the Legacy settlement because it involves hundreds of millions of taxpayer dollars.

Should we be negotiating with the environmentalists? First of all, the negotiations will be between the plaintiffs and the defendants. That includes the environmental groups and the Department of Transportation. Some are saying the trucking association should be consulted. They are not part of the lawsuit. The Legislature got involved when it was obvious that the original settlement agreement wouldn't pass. Now some feel that the new settlement agreement is a big enough improvement that it should pass in a legislative special session. Not so fast.

Last week's ceremonial signing by the Governor was only the settlement agreement. The final agreement - the real deal - has to be drafted. This will take at least a month and will be much larger than the outline presented last week. Once this draft is put together it will be reviewed by the Legislature. A lot will depend on the content of this final agreement. Some have already said they could vote for the outline but if certain things are in the final agreement they won't vote for it. Also, don't forget that it is an up or down vote. No changes can be made by the Legislature once the final draft is presented. There can be debate for and against, but in the end it will be an up or down vote.

So, don't get ahead of yourself. No matter what you think about the environment, 55 mile per hour speed limits, negotiating with terrorists, etc. It will all come down to one vote and no amendments. Now really is the time for the public to weigh in. There is still plenty of time.

Posted by Jeff at September 26, 2005 03:29 PM

Comments

In Davis County we have been diligent in working to see Legacy Highway win approval so that we can move forward with this much-needed facility for Davis County and northern Utah.

I personally FAVOR the settlement, through frustrated in the wasted millions of dollars in time and money to get through the process to build Legacy Highway.

It is most unfornate that the federal environmental laws allow purported watchdogs to have such a large plate at the table and unfairly control, delay, and alter such significant outcomes.

We certainly are not getting ahead of ourselves as the time to build Legacy has come. Goods and services need to get to market and transportation is key to that business proposition.

Kent Sulser
Manager of Davis County Economic Development

Posted by: Kent Sulser at September 29, 2005 09:45 AM

As the mayor of Farmington, I am fully supportive of the settlement agreement announced recently. The Legacy Parkway is critical to give our citizens realistic mobility choices in Farmington and throughout Davis County. While I understand the consternation some have about negotiating with the plaintiff groups, I am enough of a realist to recognize that it is necessary and appropriate to find ways to reach mutual agreement, if we can do so without sacrificing principles. The agreement as, explained to me, seems to do that. I have traveled on the 55 mph, non-truck-route parkways back east. They have been around a long time--this is not a new or untried concept. I think it is no great sacrifice to experiment with such a parkway here in Utah for a limited amount of time to see how we like it. If not, then after the prescribed time period expires, we can switch to the more customary uses. I also fully support the commuter rail line that is finally underway, and possible expansion of light rail, or its virtual cousin, BRT, into Davis County. Given what we have seen in upward pressures on gasoline prices, we all need to be making sure our citizens have a broad range of transportation choices.
Please let me know if I can provide any further information to you or your colleagues.
Best regards,
Dave Connors
801-320-6750

Posted by: David Connors at September 29, 2005 12:06 PM

Rep. Alexander,
I would like to comment briefly on the proposed settlement. My 1st reaction was not only no, but hell no! I have taken Rocky and his cronies on before and am willing to do so again. I too don't like to negotiate when I find the other party not representing the views of my constiuents. But after careful consideration,I think the time is right to get this project finished. I feel our concessions are the only way to get this much needed Parkway finished. Thank You John Petroff Mayor West Point City

Posted by: Mayor West Point John Petroff at September 29, 2005 01:54 PM

I have been involved with the Legacy Parkway project for over 10 years, and have been a very vocal proponent of the project. I have voiced my displeasure with the opponents of the project on numerous occasions, and am very frustrated with their ability to block a project such as the Legacy Parkway that has overwhelming public support. However, the fact of the matter is they know very well how to use NEPA and the Clean Water Act to block projects and unless we change Federal Law, they will continue to have that ability. The bottom line is we either fight on, eating up a lot of time and incurring tremendous cost, or we compromise and move on with the project.

Since the Legacy Parkway project is funded by state taxpayers Legislators needs to look closely at the funding implications of their decision. If the compromise is rejected the Legislature is committing to an escalation of costs for this project. With considerable transportation needs throughout the state, it is my concern the cost of the Legacy could possibly become so great that the Legislature would abandon it on the basis of cost. It would be unconscionable for the legislature to reject the compromise and later refuse to fund the Legacy Parkway.

Sure, the compromise has components that are hard to swallow, but the alternative is to delay construction and increase the cost, which will have severe impacts on northern Utah as well as the rest of the State. The economic cost to the State due to the congestion on I-15 will become staggering if the project is delayed much longer.

The Legacy Parkway is not only needed for economic reasons, but also for Public Safety reasons. Imagine the consequences of a blocked I-15 if the need to evacuate Davis County ever arose. It is a concern we in Davis County live with on a daily basis

I would be the first to say that I don’t like the agreement. But in life there are a lot of things we don’t like. However, choices have to be made and we have to be astute enough to understand what is in our best interest, and make the right choice. In this case compromise is clearly the best choice.

Posted by: Gary Uresk, City Administrator Woods Cross City at September 30, 2005 03:42 PM

Jeff,

As Mayor of the little town of North Salt Lake, I find things I don't like about the agreement with the environmentalist and the Legacy Highway, but I'm practical enough to realize Davis County must have another road. We can live with this compromise much easier than we can go on for another five to ten years without a second access to and from our county.

As the southern most City in the County, I rarely have to fight the traffic going North and South, but we have given up almost 800 acres of "worthless" grasing space for a Nature Preserve. I think the Legacy Parkway will help define the expansion of dumping and misuse of this land close to the Jordan River and the Great Salt Lake.

This is my take on the compromises:
1. 55 miles per hour -- We can live with this. Utahns rarely obey speed limits now. I seriously doubt it will ever be enforced.

2. The loss of commercial development on the West side of Legacy at the Bountiful 5th South on-ramp. This may hurt some of the sales tax revenue going to Woods Cross, but it is the best thing to do in the long-run.

3. Asphalt vs. Cement -- Most Interstates are asphalt now. I don't see this as a great compromise.

4. Narrow width of shoulder on the Parkway -- This is the most stupid part of the whole agreement. We need a safe place for people who have tire or car problems. The width proposed should be reconsidered.

5. No Trucks, except in emergency -- Right now, every day is an emergency on I-15. Getting the cars off of I-15 will make it safer and faster for trucks and commercial vehicles. I don't see a big problem for accepting this for a few years.

Jeff, as the Mayor of North Salt Lake, I support the compromise and hope you will as well.

Thanks,

KWBriggs

Posted by: Kay W. Briggs at September 30, 2005 05:26 PM

The setttlement announcement for Legacy highway is great news. Those of us from Davis County cannot wait until it is completed. Hardliners who say we shouldn't compromise should remember that the foundation of our country was build on a whole series of compromises, and it has held strong for 240 years!

Posted by: Todd Stevenson at October 5, 2005 09:17 PM

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