Committee of the Whole
Tuesday, February 2, 2016
Salt Lake County Council
Committee of the Whole
~Minutes~
Tuesday, February 2, 2016
10:05:01 AM
Committee Members
Present: Jennifer Wilson[1]
Richard Snelgrove[2]
Jim Bradley
Arlyn Bradshaw
Michael Jensen
Aimee Winder-Newton
Sam Granato
Steven DeBry
Max Burdick, Chair
State of the County Address (10:05:01 AM)
Mayor Ben McAdams delivered the 2016 State of the County Address. He stated the state of the County is strong. Salt Lake County is leading the way on jobs and economic growth, public safety, fiscal discipline, and responsive government. He highlighted accomplishments for the year 2015. The ultimate goal and outcome for 2016 is to build a greater Salt Lake County through healthy people, healthy places, expanded opportunities, and responsive government. He outlined how these goal will be achieved:
Ø Created a Dashboard called “Salt Lake Metro Stat,” which is a website feature to track, fund, and disclose how the County is responsibly caring for its citizens. This dashboard is being launched today and is loaded with information, goals, and performance metrics for what citizens can review to see how the County is doing.
Ø Create a facility condition index to guide plans for capital renewal and replacement of the $1.6 billion worth of public facilities, such as recreation centers and libraries.
Ø Created 14 outcomes and specific measurable indicators to use in providing homeless services. These 14 indicators were agreed upon by 31 representatives from the state, cities, county, service providers, donors, and homeless individuals. It identifies goals and harnessed individual efforts to make a big dent in the problem of homelessness. Also the County is working on a legislative strategy to get funding from the legislature for affordable housing and for right-sized centers needed by specific homeless populations.
Ø Provide the best possible opportunities for children in the Kearns area to be ready for and succeed in school.
Ø Provide $1.4 million incentive for professionals who oversee 9-1-1 system to choose a single software platform for all dispatchers. A new unified, countywide computer-aided dispatch (CAD) system has been selected and all entities will transition to it over the next 18 months.
Ø Work to reduce incarceration for low level offenders; reduce recidivism with programs proven to work; promote substance abuse and mental health treatment as viable and widely available alternatives to jail; stay focused on public safety while looking for opportunities to strengthen prevention.
Ø Launch a partnership for a greater Salt Lake. This partnership builds on the collective minds and talents of residents to chart and implement a new course of action to solve issues such as criminal justice, regional development, aging, and supporting education.
Ø Participate in the Global Cities Initiative, which helps businesses and civic leaders grow metropolitan economies. The emphasis is on strengthening international connections and competitiveness.
Ø Educate the public about ways to limit air pollution in order to improve the air quality during the inversion season.
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[The Council recessed at 10:44:34 AM, and reconvened at 1:10:14 PM]
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Citizen Public Input (1:11:33 PM)
No one appeared for Citizen Public Input.
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Utah Division of Wildlife Resources (1:11:48 PM)
Ms. Pam Kramer, Utah Division of Wildlife Resources, delivered a PowerPoint presentation regarding the habitat management plan review process. Utah State Code requires the Utah Division of Wildlife Resources (UDWR) to develop a management plan for each wildlife management area: East Canyon, East Fork of the Little Bear River, and Farmington Bay Waterfowl. Once a plan is developed, it goes through an approval process that includes a presentation to the County Council. Each plan includes the following:
Ø A statement of the proposed or anticipated uses;
Ø A description of any management limitations or conditions covering the area;
Ø An inventory of the existing conditions;
Ø A statement of the desired future condition of the area;
Ø A list of strategies that may be implemented to achieve the desired future condition; and
Ø A description of any reallocation of forage, water, or other resources appurtenant to the land.
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Legislative Updates (1:26:27 PM)
2nd Sub. H.B. 25 - Property Tax Amendments (Rep. Daniel McCay)
This bill defines terms, modifies the calculation of certain property tax rates, repeals obsolete language, and makes technical and conforming changes.
Mr. Patrick Reimherr, Senior Advisor & Director of Government Relations, Mayor’s Office, stated this bill separates different types of assessments into different categories. It is aimed at trying to get some stability in property tax revenue, which it does in a lot of ways. However, a few changes need to be made to the bill. He recommended monitoring the bill.
Council Member Jensen stated the problem with the bill is if Kennecott Utah Copper decided to close it would be a huge hit to the County revenue. With this bill, it would take forever for the County to climb back to its original revenue level. That is the issue that needs to be resolved with the bill.
Council Member Jensen, seconded by Council Member Bradshaw, moved to support H.B. 25 with the recommended changes. The motion passed unanimously. Council Member DeBry was absent for the vote.
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H.B. 77 - Special District Amendments (Rep. Stephen Handy/Sen. Jerry Stevenson)
This bill provides that certain members of a local district board of trustees do not need to reside within the local district, amends reporting requirements related to the withdrawal of a municipality from a local district, and makes technical changes.
Ms. Kara Trevino, Legislative Specialist, Council Office, stated this bill was put forth by the Special Districts Association specifically for police and fire districts. This bill was proposed last year but time ran out for it to be considered. It allows an elected board member to be on the district board without having to reside within the district. It passed the Senate, but it still needs some additional language to say that an at-large board member can also serve without living in the district. She recommended supporting the bill with that amendment.
Council Member Jensen, seconded by Council Member Newton, moved to support H.B. 77 with the recommended amendment. The motion passed unanimously. Council Member DeBry was absent for the vote.
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.B. 158 - Campaign Funds Restrictions at County Level (Rep. Patrice Arent)
This bill defines terms, and prohibits a county office candidate, county officer, local school board candidate, or local school board member from making a personal use expenditure.
Ms. Kara Trevino, Legislative Specialist, Council Office, stated this bill prohibits personal use of campaign funds for County officials and school board members. One concern is the enforcement process. The County Clerk has not yet let her know if the bill is workable for the Clerk’s Office.
Council Member Burdick stated he thought using campaign funds for personal use was already illegal.
Mr. Gavin Anderson, Deputy District Attorney, stated it is not illegal. In the past, if a candidate converted campaign funds to personal use, they had to pay income taxes on that money. This is a challenging bill. It gives something with one hand and then takes it back with another. It has a long laundry list of things campaign money cannot be spent on. The money can only be used for political purposes. There is a lot of room for argument about what that will mean in reality. It would be nice if the bill’s sponsor would clarify some of those potentially conflicting provisions.
Council Member Wilson stated Salt Lake County’s ordinance on election funds is pretty simple. She did not understand why this bill included a laundry list.
Ms. Trevino stated other counties do not have any restrictions on campaign funds.
Council Member Bradshaw stated conceptually this is probably a good idea. It comes down to how political use is defined and enforced.
Council Member Burdick asked if funds could be used if the person ran for a different office.
Mr. Anderson stated he thought so.
Council Member Jensen, seconded by Council Member Granato, moved to monitor H.B. 158. The motion passed unanimously.
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H.B. 180 - Sales and Use Tax Exemption Amendments (Rep. Brad Wilson)
This bill repeals a provision related to the economic life of machinery, equipment, or normal operating repair or replacement parts for purposes of a sales and use tax exemption related to certain business activities, amends the sales and use tax exemption to include certain materials, and makes technical and conforming changes.
Ms. Kara Trevino, Legislative Specialist, Council Office, stated this bill adds more exemptions to the sales and use tax. This will have a significant fiscal impact on the County’s tax base.
Council Member Newton asked what the underlying reason was for this bill.
Ms. Trevino stated the Utah Taxpayers Association and the manufacturing industry is supporting it. The reasoning is that by not taxing business inputs, it would help the overall economy.
Council Member Jensen, seconded by Council Member Bradshaw, moved to opposed H.B. 180. The motion passed unanimously.
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H.B. 215 - Local Option Sales and Use Tax Amendments (Rep. Brian Greene)
This bill authorizes a county to impose a local option sales and use tax for highways and public transit, addresses the use of revenue collected from the local option sales and use tax for highways and public transit, requires a political subdivision that receives certain sales and use tax revenue to submit certain information in audits, reviews, compilations, or fiscal reports; and makes technical corrections.
Ms. Kara Trevino, Legislative Specialist, Council Office, stated this bill would amend last year’s H.B. 362, which was Proposition 1 on the ballot for many counties. This would change the distribution of funds from the way the voters approved it. It would give more money to cities rather than counties, and allow cities to use up to 40 percent of their portion of the revenue for transit.
Council Member Jensen, seconded by Council Member DeBry, moved to oppose H.B. 215.
Council Member Jensen stated this bill is not fair and is not the way it was represented to the voters. The County needs to be consistent with how Proposition 1 was originally drafted.
Council Member Bradshaw asked if this would affect the distribution of tax revenue to the counties that approved Proposition 1.
Council Member Jensen stated no.
Council Member Newton stated city roads are hurting. She asked why the County would oppose giving more money to the cities.
Mr. Patrick Reimherr, Senior Advisor & Director of Government Relations, Mayor’s Office, stated there are two reasons the County should be careful about this bill. One is that there was a great deal of fighting about the bill last year and a compromise was reached between the different entities. It is a bad idea to throw out that delicate balance. Second, he did not think the County would support giving 80 percent of the revenue to cities, even though they need the money for roads.
Ms. Trevino stated the Utah League of Cities and Towns also opposes this bill.
Council Member Jensen, seconded by Council Member DeBry, moved to oppose H.B. 215. The motion passed unanimously.
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S.B. 92 - Municipal Landscape Amendments (Sen. Scott Jenkins)
This bill addresses a municipality's or county's authority to require certain types of landscaping.
Ms. Kara Trevino, Legislative Specialist, Council Office, stated this is one of many land use bills where the proposal is to take away local government land use regulation. This one would prohibit the County from imposing some landscape requirements.
Council Member Jensen asked if this was geared more toward industrial properties.
Ms. Trevino stated it depends on the zoning.
Council Member Burdick stated when developing an office building, landscaping is a big part of it and certain steps are required. He asked if the bill would prohibit that.
Ms. Trevino stated the bill prohibits the County from making such requirements.
Council Member Wilson, seconded by Council Member Bradshaw, moved to oppose S.B. 92.
Mr. Chris Preston, Deputy District Attorney, stated S.B. 92 has two parts to it. The first part prohibits any city or county from requiring grass to be planted. The second part involves commercial and industrial areas. It would prohibit requirements for landscaping behind a fence where landscaping cannot be seen by the public.
Council Member Wilson stated she opposed the idea of the State mandating what cities and counties can do.
Council Member Newton stated the State does not like it when the federal government tells it what to do. This is the State telling the counties and cities what to do.
Council Member Wilson, seconded by Council Member Bradshaw, moved to oppose S.B. 92. The motion passed unanimously.
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S.C.R. 5 - Concurrent Resolution in Support of Law Enforcement Officers (Sen. Alvin B. Jackson)
This resolution asks law enforcement officers in Utah County to turn on their red and blue lights for up to one minute at 11:00 a.m. on the first day of every month of 2016 to honor all law enforcement officers lost this year; and expresses support for Utah County law enforcement officers and law enforcement officers nationwide.
Council Member Jensen, seconded by Council Member DeBry, moved to support S.C.R. 5. The motion passed unanimously.
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Other Bills Yet to be Numbered
Community Development and Renewal Agencies Act Revisions (Sen. Wayne Harper)
Mr. Patrick Reimherr, Senior Advisor & Director of Government Relations, Mayor’s Office, stated negotiations are ongoing with the sponsor to get to a better place with this bill. Currently there are three economic development vehicles: Urban Renewal Areas, Economic Development Areas, and Community Development Areas. The bill proposed to take all three of these tracks and make them into one track called the Community Reinvestment Area. Then within the Community Reinvestment Area there would be two more tracks. One of those tracks is similar to the Urban Renewal Area in that it requires a finding of blight. If there is a finding of blight, the Taxing Entity Committee (TEC) process could be used to address the blight issues. If there is no finding, then the County would go through the negotiated interlocal process. This structure works better for the County and preserves the communities’ interest in addressing blight in their neighborhoods.