Summit County Council From

STAFF REPORT

To: Summit County Council From: Jami Brackin, Deputy County Attorney Janna Young, Deputy County Manager Date of Meeting July 8, 2020 Type of Item: Summary of June Special Session of the Utah State Legislature Process: Work Session

On June 18 and 19, 2020, the Utah State Legislature met in special session and passed 27 bills that addressed a range of issues, including racial equality and public safety, the budget and COVID-19 pandemic response.

While there were some bills that helped Summit County, we did not see the bills we really wanted, specifically the flexibility to use restricted sales tax revenues on expenditures to help our local economy recover from the COVID-19 emergency (although this flexibility was provided to school districts). Conversely, but for some funding cuts, nothing really hurt us either.

Local Government Bills Of the bills that helped us were HB 5002 and SB 5003. HB 5002 amended the Electronic Meetings provisions of the Open Meetings Act (Utah Code §52- 4-2) to remove the requirement of an anchor location if the chair of the public body makes a determination that conducting the meeting with an anchor location presents a substantial risk to the public health, safety and welfare of those who may be in attendance at the anchor location. However, these declarations are for 30 days at a time only and need to be redone if there is a continued need.

SB 5003 amended the immunity provisions provided in the 3rd special session (granting immunity to businesses from claims of injury if a customer caught COVID-19 at their establishment). These provisions were amended to include government as well as businesses in the grant of immunity.

Budget Bills The Legislature passed six pieces of legislation that relate directly to the budget. On the downside for Summit County, SB 5001 eliminated new funds for appellate public defense and slashed increases in public defender grants, which increases the burden on the County budget. A summary of the

1 state cuts is attached and is generally all of the new money allocated in the 2020 General Session.

NOTE: Since the special session, the Indigent Defense Commission met to approve public defender grants for fiscal year 2021, which started July 1, 2020, based on the reduced funding from the Legislature. Summit County received a reduction in our grant award of $37,000 from fiscal year 2020.

S.B. 5001 also utilized an estimated $680 million in rainy day and reserve funds in order to limit the reduction in the overall state budget to 1.7 percent. Legislators cut their pay by 2.5 percent through H.J.R. 502 Joint Resolution on Legislative Compensation.

Finally, the Legislature passed S.C.R. 502, which refunded excess Public Employee Health Insurance Program funds back to employees and to the state’s general fund.

Education Increase Despite facing an $850 million deficit due to the COVID-19 health crisis, the Legislature passed H.B. 5012 Public Education Budget Amendments, and increased funding for public education by more than $110 million, or 2.2 percent.

On top of that, S.B. 5001 Budget Balancing and Coronavirus Relief Appropriations, gave public education an additional $125 million of federal funds to improve connectivity and technology in schools.

Social Services Increase The Legislature also gave a 5.4 percent increase in funding to social services in S.B. 5001.

COVID-19 Bills HB5010 adopted the COVID-19 Economic Recovery Program, which outlines how federal funding would be spent and distributed by the State. It was applicable only to those counties who have adopted a RAP or ZAP tax and is designed to stimulate the business and tourism economy.

Emergency Powers H.J.R. 504 extended the Governor's declared state of emergency until August 20, when the Legislature will reconsider the extension.

H.B. 5009 Emergency Management Act Procurement Process Amendments, increases transparency in the expenditure of taxpayer dollars during this emergency. This bill requires the Governor to report

2 to the Legislature at least 24 hours before expending more than $2 million of federal funds under emergency powers.

Economic Stabilization and Growth H.B. 5010, COVID-19 Economic Recovery Program, distributed $62 million through several different programs to help unemployed individuals, businesses and Utahns:

1. COVID-19 Impacted Business Grant Program – This program provides $25 million in grants to businesses devastated by COVID- 19 to provide discounts to consumers. For example, a restaurant might use the grant to offer a buy-one-get-one special to attract customers. Businesses must use at least 50 percent of the grant funds directly on the discounts. Businesses may receive grants up to the amount of revenue the business lost between March and June this year. 75 percent of funds will be distributed to small businesses. Minority-owned and women-owned businesses are encouraged to apply for grant funds. 2. COVID-19 Cultural Assistance Grant Program – This program is similar to the COVID-19 Impacted Business Grant Program, but applies to botanical, cultural, recreational and zoological organizations. The program provides $9 million in grants to these organizations to provide programs and services to attract consumers. At least half of the granted funds must be used directly to provide activities for others. To qualify, an organization must have an annual operating budget of at least $5 million. 3. COVID-19 PPE Support Grant Program – This program provides $5 million for grants to businesses to provide personal protective equipment, cleaning and sanitizing supplies, signage or other equipment or processes needed to comply with COVID-19 public health guidelines related to employees. Businesses may qualify for up to $100 per full-time-equivalent employee. 75 percent of grant funds are distributed to small businesses. 4. Workplace Training Program – This program provides $9 million to state colleges and universities to provide training to furloughed and laid off workers. The program aims to help workers earn certificates or other credentials needed to increase their mobility and find jobs in other areas in the economy. 5. Public Outreach and Education Program – Public health has been negatively impacted not only because of coronavirus, but because people are deferring needed medical care. This program provides $1 million for a public information campaign to educate

the public on public health guidelines and measures health care providers are taking to protect against COVID-19. The program also encourages Utahns to not defer urgent medical care, preventative care or vaccinations.

The Legislature amended economic aid programs it created in its last legislative special session. S.B. 5005 Rent and Mortgage Assistance Amendments, which allows the state to begin distributing residential rental assistance more quickly and increases the number and types of businesses that qualify for existing state rental assistance programs.

Public Safety S.B. 5006 Public Safety Worker Protection Amendments, allows a public safety worker to seek a warrant to compel an individual to be tested for COVID-19 if that individual exposes the public safety worker to potential infection from that virus.

H.B. 5006 COVID-19 Workers' Compensation Modifications, makes technical changes to a law passed by the Legislature in its last special session that extended workers compensation to first responders.

Private Industry S.B. 5007 Unemployment Insurance Rates Amendments, places a ceiling on the amount an employer is required to pay into the state's unemployment insurance fund.

Government Operation under COVID-19 As school districts face substantial budget uncertainties, the Legislature gave them additional flexibility with their property tax revenues. H.B. 5003 School District Use of Property Tax Revenue, allows school districts to use certain capital expense funds on operations.

S.B. 5009 Martha Hughes Cannon Statue Amendments, extends the Martha Hughes Cannon Statue Oversight Committee for another year to give the committee time to complete its work, which has been delayed because of the pandemic and removes a timing requirement for the unveiling of the statue.

Other The Legislature also made several other adjustments to existing state laws to respond to COVID-19:

• S.C.R. 501 Concurrent Resolution Honoring the Graduating Class of 2020, honors all 2020 high school or college graduates who had to

forgo regular celebrations and ceremonies because of the pandemic. • Forty-three percent of COVID-19 deaths in the state are long- term-care facility residents. Yet many long-term-care-facilities are refusing to allow COVID-19 testing in their facilities. S.B. 5011, High Risk Population Protection Amendments, provides a process by which the state can compel COVID-19 testing in these facilities.

Law Enforcement Bills HB5007 mandated that Peace Officer Standards Training (POST) not include choke holds, “knee on the neck”, or other restraints that impede breathing or blood flow and may cause unconsciousness. It does not prohibit the use if the officer’s life is at risk, it merely prohibits the training by POST. The law enforcement community for the most part, supported the bill.

SB 5006 created a new crime if a person coughs on (trying to infect) a first responder or a correctional facility employee, and authorized a court to order a mandatory COVID-19 test for the perpetrator.

Other Issues S.B. 5004 Municipal Annexation Amendments, addresses disputes over properties that cities were in the process of annexing when the Legislature made changes to local annexation laws in 2017 and 2020.

H.B. 5004 Airport-related Alcohol Modifications, makes two changes related to the distribution of alcohol at the Salt Lake City International Airport: 1. It treats the airport like a bar or a restaurant for delivery purposes; and 2. Since the number of travelers at the airport has declined precipitously, the bill makes it so the number of airport alcohol licenses is no longer dependent upon the number of travelers.

Conclusion We are expecting another special session of the State Legislature to be called around August to address the Governor’s emergency declaration extension and economic issues related to the COVID-19 emergency.

Meanwhile, Staff is monitoring how the state will implement the new grant programs and other funding opportunities adopted by the Legislature in the June special session to help our local businesses and our community take advantage of this assistance.

2020 Utah Legislative Interim and 5th Special Session Sponsor(s) Bill Senate House Cat Subject Status Pos. Notes/Comments

HB5001S02 Grover Spendlove Data Privacy Amendments Senate 2nd restricts the collection or use of certain electronic (circled) location information by the state to investigate or control COVID-19 without consent from the owner of the electronic location information; enacts provisions relating to the use and retention of certain identifiable information relating to COVID-19; and creates penalties for misuse of confidential identifiable information relating to COVID-19.

HB5002 Harper Potter Govt Open Meetings Act Amendments Passed modifies notice provisions relating to electronic meetings held without an anchor location; enacts requirements relating to the public's ability to view or hear, and make comments during, the open portion of an electronic meeting held without an anchor location; and permits a public body to hold an electronic meeting without an anchor location if the chair of the public body: makes a written determination, supported by stated facts, that conducting the meeting with an anchor location presents a substantial risk to the health and safety of those who may be present at the anchor location; and complies with certain public notice requirements.

HB5003S01 Henderson Snow School School District Use of Property Passed This bill allows increased flexibility in a local school Tax Revenue board's use of revenue from the capital local levy

HB5004 Stevenson Hawks Airport Related Alcohol Modify Passed provides that provisions related to percentage lease agreements do not apply to a lease agreement in which the lessee is an airport lounge licensee; modifies the number of airport lounge licenses that the Alcoholic Beverage Control Commission may issue; allows a central receiving and distribution center that operates at an international airport to obtain a liquor transport license allowing the license holder to: pickup liquor from a state store or package agency on behalf of an airport licensee and transport the liquor to the central receiving and distribution center's premises for screening and delivery; receive, screen, and store alcoholic product purchased by airport licensees; and deliver alcoholic product to airport licensees; addresses the operational requirements for a liquor transport licensee that is a central receiving and distribution center

HB5005S01 Vickers Gibson Revisor’s Technical Corrections to Passed modifies provisions of the Utah Code to make Utah Code technical corrections, including making minor wording changes, correcting cross-references, eliminating redundant or obsolete language, and correcting numbering and other errors.

HB5006 Cullimore Dummigan HR COVID-19 Worker’s Comp Passed Moves provisions related to coverage for first Amendments responders diagnosed with COVID-19 from the Workers' Compensation Act to the Utah Occupational Disease Act; and modifies the definition of a first responder.

HB5007S01 Vickers / Hollins Sheriff Peace Officer Amendments Passed prohibits the approval of peace officer training Escamilla curriculum which contains the use of chokeholds or other restraints that may cause unconsciousness; prohibits the inclusion of training of peace officers in the use of chokeholds, carotid restraints, or other methods of restraint that may impede breathing or blood circulation and cause unconsciousness; prohibits a peace officer from employing a "knee on the neck" method of restraint that may impede breathing or blood circulation and cause unconsciousness.

HB5008 Waldrip Utah Capital Investment House/fiscal modifies how the Utah Capital Investment Amendments note Corporation may use and distribute investment returns from the Utah fund of funds; HB5009 Millner Peterson Emergency Management Act Passed requires the governor to provide notice to the Procurement Process Amendments Legislature after an expenditure that is over a certain amount that is made during an epidemic or pandemic disease emergency under emergency procurement processes; provides a sunset date of certain provisions

HB5010 Hemmert Spendlove COVID-19 Economic Recovery Passed creates grant programs (the grant programs) for: Program entities eligible to receive funding from county Botanical, Cultural, Recreational, and Zoological Organizations or Facilities sales tax revenue and their for-profit equivalents if the entity provides certain activities to encourage travel and tourism in the state to benefit communities or artists affected by COVID- 19; institutions of higher education to provide education to employees displaced by COVID-19; business entities with revenue declines due to COVID-19 if the business entity provides a financial incentive to customers; and business entities to purchase supplies and materials to follow COVID- 19 public health guidelines on safely returning employees to work; creates a public outreach and education program to encourage compliance with COVID-19 health guidelines and receipt of medical care; grants rulemaking authority to the Division of Arts and Museums and the Governor's Office of Economic Development to administer the grant programs; requires the Division of Arts and Museums, the Governor's Office of Economic Development, and the Division of Finance to report information about the grant programs to certain members of the Legislature; creates a subtraction from state income for funds received from the grant programs for state income tax purposes; provides for the repealer of the grant programs and the public outreach and education program HB5011 Millner Schultz Educ. WPU Value Increase Guarantee Passed provides for an annual increase in the value of the weighted pupil unit in the Public Education Base Budget until a certain cumulative amount

HJR501S01 Weiler Snow Atty JR Approving Utah Dept. of Passed approves the negotiated settlement agreement for Corrections Settlement Agreement Ronald May et al. v. Utah Department of Corrections regarding Chronic Hepatitis C treatment for Utah Department of Corrections inmates.

HJR502 Hinkins Ray JR on Legislative Compensation Passed recognizes the findings of the Legislative Compensation Commission; and responds to the findings of the commission in relation to a recommended increase in the daily salary rate for legislators

HJR503 Cullimore Hawkins Joint Resolution Approving Passed purchase by DFCM of the two real properties Purchase of Properties affected by gasoline from a state fuel network site at Salt Lake Community College that leaked into the aquifer for approximately $650,000.

HJR504 Millner Peterson JR Further Extending the State of Passed Amended to July 31, 2020 instead of Aug 31, 2020 in Emergency Due to the Infection committee, then changed to August 20, 2020 on the Disease COVID-19 House floor.

SB5001 Stevenson Last Budget Balance (cut) Passed This bill supplements or reduces appropriations otherwise provided for the support and operation of state government for the fiscal year beginning July 1, 2019 and ending June 30, 2020 and for the fiscal year beginning July 1, 2020 and ending June 30, 2021.

SB5002 Buxton Peterson Changes to Procurement Code Passed modifies a provision relating to an evaluation committee's authority to change scores after having been submitted to the procurement unit.

SB5003 Cullimore Roberts Gov. COVID-19 Immunity Provisions Passed addresses the relationship between the governmental Immun immunity act and immunity related to exposure to COVID-19 SB5004S01 Buxton Waldrip Land Municipal Annexation Passed clarifies the applicability of certain limitations Use Amendments regarding the annexation of an area proposed for incorporation

SB5005 Fillmore Schutlz Rent & Mortgage Insurance Passed This bill modifies provisions related to residential housing assistance and commercial rental assistance

SB5006S1 Mayne Hutchings Crim Public Safety Worker Protection Passed provides criminal penalties for intentionally coughing on a first responder or correctional facility employee; modifies definitions and procedures to authorize a court to order an individual to submit to medical testing for COVID-19 under certain circumstances

SB5007 McCay Lisonbee HR Unemployment Insurance Rates Passed modifies provisions related to the Unemployment Amendment Compensation Fund, including the Unemployment Insurance Division's calculation of employer contribution rates to the Unemployment Compensation Fund for the 2021 calendar year

SB5008 Weiler Snow Private Investigator License Passed removes the state residency requirements related to Amendments obtaining or renewing a license under the Private Investigator Regulation Act;

SB5009 Henderson Pierucci Martha Hughes Cannon Statue Passed removes a requirement that the statue of Martha Hughes Cannon be placed in the National Statuary Hall; removes a timing requirement for the unveiling of the statue of Martha Hughes Cannon; and extends the repeal date for the Martha Hughes Cannon Capitol Statue Oversight Committee

SB5010S01 Winterton Thurston Excess Reserve Refund To House provides for the refund of excess risk pool reserves in Amendments response to an emergency.

SB5011 Bramble Schutlz High-Risk Population Protection Passed allows the Department of Health and local health Amendments departments to share certain data regarding COVID- 19 patients with state agencies for analysis; enacts provisions relating to COVID-19 testing of certain individuals at care facilities; and requires collection and publication of information relating to risk factors for COVID-19

SB5012S01 Stevenson Last Statutory Adjustments Related to Passed This bill modifies provisions necessary to facilitate Budget Changes modifications made during the 2020 Fifth Special Session to the budgets for the fiscal year beginning July 1, 2019, and ending June 30, 2020, and the fiscal year beginning July 1, 2020, and ending June 30, 2021.

SCR501 Fillmore Perry CR Honoring Class of 2020 Passed This resolution recognizes the students graduating from high school and institutions of higher education in 2020.

SCR502S01 Winterton Thurston CR on Refunding Excess Reserves Passed directs the Public Employees' Benefit and Insurance to the State from the State Program to reimburse to the state excess reserves Insurance Risk Pools held in the state insurance risk pools; and finds that the reason for the reimbursement is the emergency created by the COVID-19 Novel Coronavirus.

Committee Bills to be Numbered

(not yet Econ Dev. Committee HR Workforce Solutions Committee Rep.McCay has a bill file open that he will cease numbered) (telecommute) Approved work on and this will be created as a committee bill.

CR draft Natl Resource & Ag Tax PILT Tax Equivalency Committee Committee Approved

Res draft Law Enforcement Committee Crim Resolution for Judiciary to consider Committee public safety Approved

2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time Business, Economic Development, and Labor Alcoholic Beverage Control 1 Delivery, Packaging, and Supplies Costs (459,100) 2 DTS Staffing (258,400) (4,800) 3 Herriman and Farmington Store Bond Payment (330,000) (115,000) 4 Increase for Administrative Staffing (266,600) (7,200) 5 Parents Empowered Statutory Increase (153,800) 6 Security Staffing ‐ Liquor Stores (150,000) 7 Types 2 and 3 Package Agency COLA (78,900) 8 Upgrade DABC Operating System (1,533,200) 9 Wine Services and Amendments(2020GS HB0157) (662,200) (428,400) Economic Development 10 Civic Engagement (25,000) 11 Deseret UAS Unmanned (500,000) 12 Economic Assistance Grants (1,000,000) 13 Healthy Utah (250,000) 14 Inland Port Administration (1,500,000) 15 Northern Utah Economic Alliance (300,000) 16 Opportunity Zone Economic Development Assistance (150,000) 17 Point of the Mountain Legal Fees (4,000) 18 Point of the Mountain State Land Authority (1,000,000) (4,285,000) 19 Public‐private Partnerships Amendments(2020GS SB0133) (250,000) 20 Rural Economic Development(2020GS SB0095) (500,000) (2,000,000) 21 Rural Online Initiative (880,000) 22 Rural Small Business Grant Program (Sandall)(2020GS SB0095) (4,600,000) (3,400,000) 23 Taste Utah Marketing Campaign (200,000) 24 Tourism Marketing (24,000,000) 25 Utah Advanced Materials Support (250,000) 26 Utah Industry Resource Alliance (1,200,000) 27 Utah Sports Commission (1,500,000) Heritage and Arts 28 Arts Sustainability Grant Program (1,000,000) 29 Cultural Stewardship Amendments(2020GS HB0163) (115,000) 30 Exhibit Design (125,000) 31 Indian Affairs Director/Policy Changes (40,000) (20,000) 32 Martha Hughes Cannon Installation Ceremony (175,000) 33 Utah Shakespeare Festival Equipment Replacements and Upgrades (300,000) 34 Westwater Community Water and Power Projects (500,000) Rev Transfers ‐ BEDL 35 Center for Advanced Materials (USU/Weber State) (700,000) (300,000) Commerce 36 Audiology and Speech‐language Pathology Interstate Compact(2020GS HB0161) (11,800) (11,100) 37 Business Payroll Practices Amendments(2020GS SB0153) (77,000) 38 Commerce ‐ Utah Rec. Assistance Program for Med. Professionals (377,000) 39 Consumer Sales Practices Amendments(2020GS HB0113) (2,700) 40 Delegation of Health Care Services Amendments(2020GS HB0274) (5,300) 41 Dental Practice Act Amendments(2020GS SB0135) (3,000) 42 Division of Occupational and Professional Licensing Amendments(2020GS SB0023) (3,600) (20,800)

43 Maintenance Funding Practices Act(2020GS HB0312) (4,100) (1,400) 44 Medical Cannabis Amendments(2020GS SB0121) (200)

6/16/2020, 6:49 PM Page 1 Office of the Legislative Fiscal Analyst 2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time 45 Pharmacy Practice Act Amendments(2020GS SB0145) (5,900) 46 Prescription Revisions(2020GS HB0177) (4,600) 47 Professional Licensing Amendments(2020GS SB0201) (4,800) 48 Special Group License Plate Amendments(2020GS SB0212) (2,200) 49 Telephone and Facsimile Solicitation Act Amendments(2020GS HB0165) (5,000) 50 Veterinary Technician Certification Amendments(2020GS HB0455) (11,500) (6,200) Insurance 51 Captive Insurance Account Adjustment (401,900) (401,900) 52 Insulin Access Amendments(2020GS HB0207) (8,000) (13,900) 53 Insurance Amendments(2020GS HB0037) (2,500) 54 Insurance Modifications(2020GS HB0349) (8,300) 55 Medical Billing Amendments(2020GS SB0155) (20,100) 56 Pharmacy Benefit Amendments(2020GS HB0272) (163,100) Tax Commission 57 AG Support for Enforcement of Tobacco Settlement (192,000)

Executive Offices and Criminal Justice Attorney General 58 Attorney General Fund Amendments(2020GS HB0373) (100,000) 59 Attorney General Nonlapsing Balance Restoration (200,000) 60 Board of Examiners Recommendations (175,000) 61 Civil Litigation Appropriations (1,000,000) 62 Commerce Clause Legal Challenge (1,650,000) 63 Criminal Appeals Division (1,600,000) 64 Financial Exploitation Prevention Act(2020GS HB0459) (6,900) 65 Local Law Enforcement Crime Fighting Tools (475,000) 66 Prosecution Review Amendments (2019GS HB0281) (839,400) 67 Prosecutor Data Collection Amendments(2020GS HB0288) (124,900) (370,400) 68 Utah County North Children's Justice Center (150,000) (250,000) Corrections 69 Behavioral Health Transition Facility (6,000,000) (5,000,000) 70 Certified Correctional Staff Pay Plan (4,813,200) 71 Community Case Management (5,600,000) (950,000) 72 Criminal Nonsupport Amendments(2020GS HB0367) (52,400) 11,800 73 Hepatitis C Medication (300,000) 74 Inmate Expenses Amendments(2020GS HB0110) (4,000) 75 Inmate Medical (1,500,000) 76 Jail and Prison Medication Assisted Treatment Program (1,000,000) 77 Mail Theft Amendments(2020GS HB0433) (106,800) 78 Medicaid Expansion Reduction Restoration (859,000) 79 Unlawful Sexual Activity Statute of Limitations Amendments(2020GS HB0247) (448,000) 317,900 Courts 80 Bail and Pretrial Release Amendments(2020GS HB0206) 13,000 (63,000) 81 Child Welfare Mediation (54,900) 82 Commissioners ‐ Recruit & Retain (92,500) 83 Disorderly Conduct Amendments(2020GS SB0173) (41,300) 84 DUI Liability Amendments(2020GS HB0139) (1,400) 85 Information Technology Infrastructure & Development (932,000) (450,000) 86 Prisoner Offense Amendments(2020GS SB0032) (3,000) 87 Probate Notice Amendments(2020GS HB0343) (1,500) (20,500) 88 Warning Labels Amendments(2020GS HB0243) (200)

6/16/2020, 6:49 PM Page 2 Office of the Legislative Fiscal Analyst 2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time Juvenile Justice Services 89 Criminal Justice/Vulnerable Population ‐ CCJJ Data (150,000) 90 Medicaid and CHIP Caseload, Inflation and Program Changes (JJS) (39,600) Public Safety 91 Crime Lab ‐ DNA Sample Testing (2,849,800) 92 Dispatcher Pay Plan Increase (600,000) 93 Fire and Rescue Training Amendments(2020GS SB0209) (300,000) 94 Helicopter ‐ Search & Rescue/Law Enforcement (5,200,000) 95 Ongoing Funding for State Troopers Funded One‐time (6,000,000) (1,588,000) 96 Safety Inspections for Cited Vehicles(2020GS SB0031) (7,300) 97 State Match for Pre‐Disaster Mitigation (500,000) 98 Sworn Officer Pay Plan (UHP Troopers and SBI Investigators) (1,860,000) 99 Trooper Overtime (1,000,000) Board of Pardons and Parole 100 Additional Staff to Handle Increased Workload (262,600) 101 Board of Pardons and Parole Supplemental Adjustment (87,800) 102 Electronic Records System (273,500) 103 Electronic Records System and Agency Staffing (961,200) Rev Transfers ‐ EOCJ 104 Restoration of Funding for Washington County Pre‐trial Services Program (540,000) Governors Office 105 Amendments to Indigent Defense(2020GS SB0139) (500,000) 106 Boards and Commissions Modifications (Additional Funding)(2020GS SB0146) (57,500) (616,200) 107 Boards and Commissions Modifications(2020GS SB0146) (62,500) (33,800) 108 Criminal Justice Data (350,000) 109 Criminal Justice/Vulnerable Population ‐ County Incentive/Intake Screening Grant (362,000) Program 110 Criminal Justice/Vulnerable Population ‐ IDC Counsel at First Appearance (500,000) 111 Data Synchronization for Milestone Management (300,000) 112 Econometric Review of Tax Exemptions and Credits (200,000) 113 Election Amendments(2020GS HB0036) (4,400) 114 Elections Outreach (400,000) 115 Factual Innocence Payments (971,800) 116 Indigent Defense Commission Funding (1,500,000) 117 Jail Reimbursement Increase(2020GS SB0236) (2,776,000) 118 LeRay McAllister Critical Land Conservation Program Fund (2,000,000) 119 Proposal to Amend Utah Constitution ‐‐ Annual General Sessions of the (13,000) Legislature(2020GS SJR003) 120 Proposal to Amend Utah Constitution ‐ The Right to Hunt and Fish(2020GS HJR015) (13,000)

121 Proposal to Amend Utah Constitution ‐ Use of Tax Revenue(2020GS SJR009) (13,000) 122 Public Document Signature Classification(2020GS SB0047) (3,300) (6,100) 123 Rampage Violence Prevention Study(2020GS HB0340) (50,400) 124 Supervision Grants for JRI High‐Risk Program (500,000)

Higher Education Southern Utah University 125 Utah Rural Leadership Academy (310,000) University of Utah 126 2020 Vice Presidential Debate (1,500,000) 127 Expansion of Research Studying the Brain Effects of Cannabinoids (500,000)

6/16/2020, 6:49 PM Page 3 Office of the Legislative Fiscal Analyst 2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time 128 Mental Health Service Providers Training Investment (516,500) 129 Mental Health Services(2020GS SB0089) (100,000) 130 Mental Health Workforce Amendments(2020GS HB0246) (807,700) 207,700 131 Natural History Markers of Utah (200,000) 132 Public Finance Support (125,000) 133 Rocky Mountain Center for Occupational and Environmental Health (214,800) 134 Utah Area Health Education Centers Funding (800,000) 135 UU Health Science Outreach (300,000) Utah State University 136 Proposal to Amend Utah Constitution ‐‐ Water Resources of Municipalities(2020GS (13,000) HJR003) 137 SELECT/ASPIRE (3,000,000) 138 Technical Education Funding Priorities (1,000,000) 139 Uinta Basin Ozone Research (200,000) 140 Utah Veterinary Diagnostic Laboratory (300,000) 141 Wildlife Management Research (200,000) Dixie State University 142 State Parks Mobile Application (300,000) Utah Valley University 143 USHE Growth Funding (5,000,000) 144 UVU Utah Lake Project (300,300) Salt Lake Community College 145 USHE Non‐State Funded Building O&M (787,000) Snow College 146 Strategic Workforce Initiative 2020 GS Projects (2,423,500) (772,400) Utah System of Technical Colleges 147 Custom Fit (245,000) 148 Employer‐Driven Program Expansion & Student Support (9,000,100) 149 UTECH Equipment Funding (1,000,000) (2,000,000) 150 UTECH Industry Competitiveness Funding (500,000) Utah Board of Higher Education 151 Behavioral Health Workforce Reinvestment (1,220,000) (2,000,000) 152 College Access Advisors (1,000,000) 153 Emerging Technology Talent Initiative(2020GS SB0096) (101,600) 154 Entrepreneurial Community Outreach (500,000) 155 FY 2021 SB 117 Targeted Jobs Tax Increase for Performance Funding Transfer (830,000) 156 FY20 Education Fund‐Sourced Performance Funding Reallocation 862,100 (862,100) 157 Higher Ed Peer to Peer Mental Health Intervention (1,800,000) 158 Higher Education Amendments(2020GS SB0111) (9,200) 159 Higher Education Capital Development Plan (27,000,000) 160 Higher Education Financial Aid Amendments(2020GS SB0117) (5,000,000) 161 Higher Education Shared Services (2,500,000) 162 MIDA/Weber State Building (3,000,000) 163 Post‐secondary Education Wage and Wage‐based Benefits Increase (27,378,800) 164 Student Athlete Graduation Improvement (950,000) 165 Systems Engineering Program (600,000) (192,000) 166 USHE Performance Funding Request (29,500,000)

Infrastructure and General Government Administrative Services 167 Archives Customer Portal System Enhancements (internally funded) (100,000)

6/16/2020, 6:49 PM Page 4 Office of the Legislative Fiscal Analyst 2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time 168 FINET Statewide Accounting System Upgrade (1,500,000) (6,500,000) 169 Paid Leave Amendments(2020GS SB0207) (507,000) 170 Phased Retirement Amendments(2020GS HB0225) (5,800) Capital Budget 171 Airport Construction (6,000,000) 172 Bridgerland Technical College Health Science and Technology Building (624,000) (37,435,600) 173 Brigham City Consolidated Public Safety Building (37,200) (7,488,500) 174 Buildings 1.3% of Current Replacement Value (11,700,000) 175 Dixie State University Land Bank (15,075,000) 176 Olympic Legacy Venue Infrastructure Improvements (3,000,000) 177 Salt Lake Community College Herriman Campus Gen. Ed. Building (30,800,600) 178 Southern Utah University Academic Classroom Building (495,200) (42,518,500) 179 University of Utah Applied Sciences Building (646,500) (58,707,000) 180 Utah State University Heravi Global Teaching & Learning Center (332,100) (14,167,900) Transportation 181 Aircraft Fleet Replacement (2,000,000) 182 Amusement Ride Safety(2020GS HB0154) (62,500) 183 Cottonwood Canyon Ski Bus Traffic Bypass Pilot Program (50,000) 184 Enhanced Mass Transit Strategic Business Plan (1,600,000) 185 Jordanelle Parkway (10,000,000) 186 Point of the Mountain Transit Study (250,000) 187 Rural Electric Vehicle Charging Infrastructure (2,000,000) Rev Transfers ‐ IGG 188 Safe Harbor Crisis Center ‐ Empower Campaign (500,000)

Natural Resources, Agriculture, and Environmental Quality Agriculture 189 Invasive Species Mitigation Account Funding Increase (1,000,000) (1,000,000) 190 Utah State Fair Operating Support (550,000) 191 Watershed Restoration (2,000,000) 192 Wildlife Services Depredation Program Vehicles (90,000) Environmental Quality 193 Drinking Water SUCCESS Plan Implementation (10,000,000) 194 Lake Ecosystems (300,000) Natural Resources 195 Aquatic Invasive Species (Quagga Mussels) Watercraft Inspection Stations (1,395,000) 196 Carbon Capture Demonstration (2,000,000) 197 Fishing and Hunting Restrictions for Nonpayment of Child Support(2020GS HB0197) (24,000) (113,200)

198 Postpone Oil, Gas, and Mining Base Pending Audit Review 2,764,000 199 Restore Oil, Gas, and Mining Base Pending Audit Review (2,264,000) 200 Shared Stewardship (1,500,000) 201 Strategic & Targeted Forest Fire Treatment & Mitigation (500,000) 202 Utah Geologic Survey Operations and Equipment (400,000) (400,000) 203 Utah Lake Wakara Way Open Space Regional Park (190,000) 204 Wildfire Preparedness Grant (250,000) 205 Wildfire Suppression and Rehabilitation (12,885,300) Public Lands Policy Coordinating Office 206 Monroe Mountain Data Request (400,000) 207 Rural Policy and Public Lands Institute (RPPL) (300,000) 208 Wild Horse and Burro Management (500,000)

6/16/2020, 6:49 PM Page 5 Office of the Legislative Fiscal Analyst 2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time Gov Office of Energy Development 209 Utah Coal to Carbon Fiber (500,000) 210 Voluntary Home Energy Information Pilot Program(2020GS HB0235) (50,000)

Public Education Minimum School Program 211 Accelerated Learning Programs (Repealed) (H.B. 5001) (1,000,000) 212 Beverley Taylor Sorenson Arts (Repealed) (H.B. 5001) (4,000,000) 213 Charter School Administrative Cost Base (Repealed) (H.B. 5001) (250,000) 214 Concurrent Enrollment (Repealed) (H.B. 5001) (4,913,600) 215 Concurrent Enrollment Amendments(2020GS HB0409) (979,400) 216 Early Learning Training & Assessment(2020GS HB0114) (5,000,000) 217 Effective Teachers in High Poverty Schools Incentive(2020GS HB0107) (428,200) 218 Funding Equity(2020GS SB0104) (19,000,000) 219 Funding for Isolated Schools (Repealed) (H.B. 5001) (749,000) 220 Funding for Necessarily Existent Small Schools and Rural Schools Amendments(2020GS (100,000) HB0434) 221 Math and Science Opportunities for Students and Teachers (MOST)(2020GS SB0093) (1,000,000)

222 Necessarily Existent Small Schools (NESS) (Repealed) (H.B. 5001) (696,600) 223 Optional Enhanced Kindergarten (OEK)(2020GS HB0099) (10,000,000) 224 School Mental Health Amendments(2020GS HB0323) (500,000) 225 School Safety & Local Priorities (30,000,000) 226 Student Apprenticeship Program(2020GS HB0068) (2,000,000) 227 Teacher Preparation Scholarships (200,000) 228 Teacher Salary Supplement Program (Repealed) (H.B. 5001) (3,300,000) (3,820,200) 229 To & From School Pupil Transportation (Repealed) (H.B. 5001) (5,000,000) 230 Utah School Leadership Initiative(2020GS SB0099) (5,000,000) 231 WPU Value Increase (117,501,300) 232 WPU Value Increase (Repealed) (H.B. 5001) (84,000,000) State Board of Education 233 American Indian and Alaskan Native Education Amendments(2020GS SB0124) (250,000) 234 Center for the School of the Future (250,000) (250,000) 235 Charter School Operations Amendments(2020GS HB0242) (425,000) 236 Civics Education Amendments(2020GS HB0334) (147,300) (15,000) 237 Compensation Exceptions (1%) (100,000) (11,200) 238 Concurrent Enrollment Certificate Pilot Program(2020GS HB0336) (800,000) 239 Create Utah (Repealed) (H.B. 5001) (1,830,500) 240 Early Childhood Grants (Repealed) (H.B. 5001) (3,000,000) 241 Early Warning Program Amendments(2020GS HB0392) (125,000) 242 Education Technology Management System(2020GS HB0360) (1,700,000) 243 Financial Literacy in Public Education (Repealed) (H.B. 5001) (500,000) 244 Hope Street Group Utah Teacher Fellows (Repealed) (H.B. 5001) (50,000) 245 InfiniD Learning (Repealed) (H.B. 5001) (521,000) 246 iSEE Student Outreach Provider Increase (Repealed) (H.B. 5001) (200,000) 247 K‐12 Computer Science Initiative (Repealed) (H.B. 5001) (7,000,000) 248 Local Education Agency Financial Systems(2020GS HB0067) (4,000,000) 249 POPS Provisional (Repealed) (H.B. 5001) (250,000) 250 Reading Assessment Expansion(2020GS SB0073) (1,500,000) 251 SafeUT Operations & Maintenance (250,000) 252 School Data Collection and Analysis (900,000)

6/16/2020, 6:49 PM Page 6 Office of the Legislative Fiscal Analyst 2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time 253 SheTech ‐ High School Girls STEM Education & Careers Program (320,000) 254 State Board of Education Fiscal Monitors (325,400) 255 State Board of Education Fiscal Monitors (Repealed) (H.B. 5001) (325,400) 256 Statewide Online Education Program (3,200,000) 257 Teacher Academy (75,000) 258 UPPAC Investigator (Repealed) (H.B. 5001) (170,700) 259 UPSTART (Repealed) (H.B. 5001) (5,000,000) 260 USBE Discretionary Market Salary Adjustments (Repealed) (H.B. 5001) (500,000) 261 Utah Anti‐Bullying Coalition (300,000) 262 Utah Futures Funding (Keys to Success) (3,000,000) 263 Utah Schools for the Deaf and the Blind Millcreek Modular (Repealed) (H.B. 5001) (425,000) 264 Utah Schools for the Deaf and the Blind Staffing (622,000) (10,000) 265 Utah Schools for the Deaf and the Blind Staffing (Repealed) (H.B. 5001) (324,000) (10,000) 266 Utah Schools for the Deaf and the Blind Steps and Lanes (Statutory Increase) (1,145,000) 267 Utah State Instructional Materials Center (USIMAC) Braille Transcription (Repealed) (H.B. (500,000) 5001) 268 Utah Symphony in Schools (200,000)

Retirement and Independent Entities Utah Education and Telehealth Network 269 Consortium software (2,600,000) 270 Equipment Replacement (3,822,300) 271 UETN Growth & Operations (1,227,000) (1,270,000) Career Service Review Office 272 Abusive Conduct Reporting Amendments(2020GS HB0012) (3,000) Rev Transfers ‐ RIE 273 Public safety and firefighter employee retirement contributions(2020GS HCR009) (2,141,000)

Social Services Health 274 12 month continuous eligibility for children on Medicaid (315,000) (30,400) 275 436 More Baby Watch Clients (1,545,200) 276 Adult Autism Treatment Program(2020GS HB0086) (200,000) 277 Alcohol Education Amendments(2020GS HB0208) (41,700) 278 American Indian‐Alaska Native Related Amendments(2020GS SB0022) (168,300) 279 Birthing Facility Licensure Amendments(2020GS HB0428) (2,400) 280 Case Management for Rural Medicaid Clients (35,000) 281 Coordination of Care for Older Adults Receiving Health Care Services (55,000) 282 Direct Care Staff Salary Increase (100,000) 283 Disposition of Fetal Remains(2020GS SB0067) (8,200) 284 Emergency Medical Services Amendment(2020GS HB0389) (3,000,000) 285 Health and Human Services Amendments(2020GS HB0436) (128,000) 286 Health care expenditure waste calculator(2020GS HB0195) (100,000) (31,000) 287 Hepatitis C Outreach Pilot Program(2020GS HB0220) (341,600) 288 Increase in New Choices Waiver Billing Rates (200,000) 289 Insurance Coverage Modifications(2020GS HB0214) (82,500) 41,200 290 Medicaid Accountable Care Organization Rates (1,900,000) 291 Medicaid and CHIP Caseload, Inflation and Program Changes (27,560,400) 32,100,000 292 Mental Health Amendments(2020GS HB0219) 48,300 (82,700) 293 Newborn Safe Haven(2020GS HB0097) (68,000) 294 Pediatric Neuro‐Rehab Fund (100,000)

6/16/2020, 6:49 PM Page 7 Office of the Legislative Fiscal Analyst 2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time 295 Public Health Emergency Response (16,000,000) 296 Public Health Response: Intensive Response for Seniors (2,000,000) 297 Quality Improvement Incentives for Intermediate Care Facilities (2,072,000) 298 Rare Disease Advisory Council(2020GS HB0106) (9,500) 299 Substance Use and Violence Prevention Reporting Amendments(2020GS HB0419) (40,300) (23,400) Human Services 300 Abuse, Neglect, and Dependency Proceedings Amendments(2020GS HB0033) (6,400) 301 Child and Family Services Caseworker Salary Increase (2,434,700) 302 Children's Service Society of Utah/Grandfamilies (500,000) 303 Crisis Services Amendments(2020GS HB0032) (10,810,000) (5,948,900) 304 Disability Act Compliance Amendments(2020GS HB0378) (18,100) 305 Disability Services: Additional Needs and Youth Aging Out (5,950,000) 2,347,000 306 Disability Services: Anticipated Budget Shortfall (3,200,000) 307 Disability Services: Community‐Based Employment (2,000,000) 308 Disability Services: Rate Increase for Support Coordinators (323,600) 309 Disability Services: Waiting List (1,000,000) 310 Encircle Family and Youth Resource Center 25,000 (100,000) 311 Fetal Exposure Reporting and Treatment Amendments(2020GS HB0244) (8,500) 312 Improving Mental Health and Substance Abuse Treatment in Jails(2020GS HB0038) (4,900)

313 Limited Support Services Waiver Amendments(2020GS SB0044) (400,000) 314 Medicaid Behavioral Health Reimbursement Rate Increases and Service Adjustments (550,000)

315 Mental Health Treatment Access(2020GS HB0035) (6,623,300) 1,076,900 316 Opioid Overdose Fatality Amendments(2020GS HB0295) (185,100) (121,000) 317 Public Health Response: Food Box (250,000) 318 Public Health Response: In‐home Medical Testing Services (250,000) 319 Public Health Response: In‐home Supportive Services (250,000) 320 Public Health Response: Meals on Wheels (250,000) 321 Services for People with Disabilities Motor Transportation Payment Rate (250,000) 322 Services for People with Disabilities Provider Direct Care Staff Compensation ‐ Phase VI (650,000)

323 State Hospital Forensic Unit Staff Salary Increase (881,000) Workforce Services 324 Affordable Housing (2020GS SB0039) (10,000,000) 325 Homeless Shelter and Services Sharing (2020GS SB0244) (1,500,000) 326 Homeless Shelter Funding Amendments (HB0440)(2020GS HB0440) (75,000) 327 Mountainland Headstart (175,000) 328 School Readiness Restricted Account (3,000,000) 329 Utah Co Permanent Supported Housing (2,100,000)

Executive Appropriations Capitol Preservation Board 330 Capitol Hill North Building (80,000,000) 331 Capitol Space Remodel (2,500,000) Legislature 332 Criminal Code Task Force Changes (24,600) 333 CSG West (150,000) 334 Digital Wellness, Citizenship, and Safe Technology Commission(2020GS HB0372) (9,800) 335 Document Management Software (9,000) (20,000) 336 Joint Resolution Authorizing Pay of In‐session Employees(2020GS SJR007) (30,000) (30,000)

6/16/2020, 6:49 PM Page 8 Office of the Legislative Fiscal Analyst 2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time 337 Labor Commission Amendments(2020GS HB0015) (3,200) 338 LAG Administrative Employee (75,000) 339 Legislative Branch Information Technology Infrastructure & Development (15,500) (110,000) 340 Legislative Branch Internet (103,000) (530,000) 341 Legislative Compensation Commission Recommendations (45,600) 11,400 342 Legislative Programmer (125,000) (52,000) 343 Legislative Staff Compensation (666,700) 344 Legislative Staff Health and Wellness Plan (57,400) 345 LFA Economists (250,000) 346 LRGC Bill and Data Document Technician (80,000) (20,000) 347 Murdered and Missing Indigenous Women and Girls Task Force(2020GS HB0116) (9,200) 348 Native American Legislative Liaison Committee Amendments(2020GS SB0013) (2,400) 349 Outdoor Adventure Commission Amendments(2020GS HB0283) (402,700) 350 Point of the Mountain Commission (88,000) Utah National Guard 351 West Traverse Sentinel Landscape (1,200,000) Rev Transfers ‐ EAC 352 Utah World War II Memorial (100,000) Veterans and Military Affairs 353 Veteran First Time Home Buyer Program (500,000)

6/16/2020, 6:49 PM Page 9 Office of the Legislative Fiscal Analyst 2020GS Funding Reversals, 2020 Special Session 5 General Fund, Education Fund, and Select Other Sources June 17, 2020 abc Funding Item Amount Ongoing One‐Time Business, Economic Development, and Labor Alcoholic Beverage Control 1 Delivery, Packaging, and Supplies Costs (459,100) 2 DTS Staffing (258,400) (4,800) 3 Herriman and Farmington Store Bond Payment (330,000) (115,000) 4 Increase for Administrative Staffing (266,600) (7,200) 5 Parents Empowered Statutory Increase (153,800) 6 Security Staffing ‐ Liquor Stores (150,000) 7 Types 2 and 3 Package Agency COLA (78,900) 8 Upgrade DABC Operating System (1,533,200) 9 Wine Services and Amendments(2020GS HB0157) (662,200) (428,400) Economic Development 10 Civic Engagement (25,000) 11 Deseret UAS Unmanned (500,000) 12 Economic Assistance Grants (1,000,000) 13 Healthy Utah (250,000) 14 Inland Port Administration (1,500,000) 15 Northern Utah Economic Alliance (300,000) 16 Opportunity Zone Economic Development Assistance (150,000) 17 Point of the Mountain Legal Fees (4,000) 18 Point of the Mountain State Land Authority (1,000,000) (4,285,000) 19 Public‐private Partnerships Amendments(2020GS SB0133) (250,000) 20 Rural Economic Development(2020GS SB0095) (500,000) (2,000,000) 21 Rural Online Initiative (880,000) 22 Rural Small Business Grant Program (Sandall)(2020GS SB0095) (4,600,000) (3,400,000) 23 Taste Utah Marketing Campaign (200,000) 24 Tourism Marketing (24,000,000) 25 Utah Advanced Materials Support (250,000) 26 Utah Industry Resource Alliance (1,200,000) 27 Utah Sports Commission (1,500,000) Heritage and Arts 28 Arts Sustainability Grant Program (1,000,000) 29 Cultural Stewardship Amendments(2020GS HB0163) (115,000) 30 Exhibit Design (125,000) 31 Indian Affairs Director/Policy Changes (40,000) (20,000) 32 Martha Hughes Cannon Installation Ceremony (175,000) 33 Utah Shakespeare Festival Equipment Replacements and Upgrades (300,000) 34 Westwater Community Water and Power Projects (500,000) Rev Transfers ‐ BEDL 35 Center for Advanced Materials (USU/Weber State) (700,000) (300,000) Commerce 36 Audiology and Speech‐language Pathology Interstate Compact(2020GS HB0161) (11,800) (11,100) 37 Business Payroll Practices Amendments(2020GS SB0153) (77,000) 38 Commerce ‐ Utah Rec. Assistance Program for Med. Professionals (377,000) 39 Consumer Sales Practices Amendments(2020GS HB0113) (2,700) 40 Delegation of Health Care Services Amendments(2020GS HB0274) (5,300) 41 Dental Practice Act Amendments(2020GS SB0135) (3,000) 42 Division of Occupational and Professional Licensing Amendments(2020GS SB0023) (3,600) (20,800)

43 Maintenance Funding Practices Act(2020GS HB0312) (4,100) (1,400) 44 Medical Cannabis Amendments(2020GS SB0121) (200)

Infrastructure and General Government Administrative Services 167 Archives Customer Portal System Enhancements (internally funded) (100,000)

313 Limited Support Services Waiver Amendments(2020GS SB0044) (400,000) 314 Medicaid Behavioral Health Reimbursement Rate Increases and Service Adjustments (550,000)

6/16/2020, 6:49 PM Page 9 Office of the Legislative Fiscal Analyst

STAFF REPORT

TO: Summit County Council

FROM: Michael Howard, Summit County Auditor LoraLea McKnight, Deputy Auditor

DATE: July 1, 2020

RE: 2020 Tax Sale Ratification

Summary:

The 2020 Tax Sale was conducted on June 25, 2020 at 10:00 a.m. in the Ledges Event Center in Coalville. Two parcels were offered and one was sold.

Parcel # Taxes Owed Bid Amount New Owner LR-3-249 $1,635.34 $27,000.00 Dauntless Collaborative LLC SA-217-A $303.37 NO SALE Summit County

The LR parcel is a one-acre parcel located within the Lake Rockport Development. The SA parcel is a small piece (0.02 acres) of three lots along Woodside Avenue in Park City. It consists of a small portion of sidewalk and road – not developable.

Auditor’s Recommendation:

The County Auditor recommends that the Summit County Council ratify the results of the Tax Sale in order to reflect changes in ownership of the affected parcels.

STAFF REPORT

To: Summit County Council From: Alan Siddoway, Lieutenant, Sheriff’s Office Brian Bellamy, Personnel Director Janna Young, Deputy County Manager Date of Meeting July 8, 2020 Type of Item: Consideration and possible approval of an amendment to the Summit County Employee Chart of Positions for Public Health Emergency Preparedness (PHEP) and Emergency Management Process: Regular Session

Requested Council Action Approve proposed amendment to the Summit County Employee Chart of Positions, moving the Emergency Manager Full Time Equivalent (FTE) position to the Health Department for the Public Health Emergency Planning (PHEP) Coordinator, and authorizing the Manager to create a part-time, time limited position for a part-time Emergency Manager (EM).

Background On February 5, 2020, Dr. Rich Bullough, Summit County Health Officer, proposed to the County Council an amendment to the Summit County Employee Chart of Positions, making changes to the FTE position that had been performing both the PHEP functions in the Health Department, and the EM functions in the Sheriff’s Office. His proposal took out the PHEP functions from the EM position and added one FTE to the County workforce, resulting in two FTE positions instead of one. Prior to February 5th, Chris Crowley, was filling the FTE position that was tasked with the PHEP and EM functions.

The Health Department holds a long-term contract with the State of Utah that funds the PHEP position at 100%, and a portion of the County’s Communications and Public Engagement Director for PHEP communications. As a requirement of grant funding from the state, the PHEP position must be located in the Health Department and must be full-time. Dr. Bullough explained that each time the PHEP program is audited by the state, the County receives low marks because the position is not full-time. The state has recently made it clear to the Health Department that increasing PHEP capacity is a condition of continued funding.

The Council supported the change in the EM job description, pulling out the PHEP functions, but did not approve adding a new FTE to the employee chart of positions. Rather, the Council requested Staff find another way of making these changes without adding to the County’s workforce.

Since the end of February, 2020, Chris Crowley has been exclusively working as the PHEP Coordinator, and Alan Siddoway, Lieutenant in the Sheriff’s Office, has been serving as the interim EM, in addition to his Lieutenant duties leading the Sheriff’s Office Search and Rescue efforts.

Staff and the Sheriff remain convinced that separating the two programs under two different managers is the best course of action and that as a result, the County will be better prepared to handle both health-related emergencies and manmade or natural disaster emergencies that occur within our community.

The current COVID-19 emergency has provided experience for why separating out the PHEP position was a good decision. This experience, which also included a large earthquake event at the same time the County was responding to the COVID-19 emergency, has also provided additional justification for why a dedicated EM is needed. The COVID-19 emergency has stressed emergency resources, putting into question the County’s ability to handle additional emergencies that might occur this summer, such as a wildfire, search and rescue event(s), or another earthquake.

Staff have developed a proposal for how to dedicate an EM resource without adding FTE to the chart of positions with no budget adjustment from the 2020 amended budget.

Operational Picture for the Emergency Manager The EM position would operate within the Sheriff’s Office under the direction of the Search & Rescue Lieutenant, Alan Siddoway.

The EM would perform the following duties (prioritized by supervisor and the County Manager):

• Update/implement the Summit County Emergency Operations Plan (which currently does not include a Recovery, Evacuation, or Fatality Management component) • Coordinate/spearhead the Summit County employee emergency preparedness program • Coordinate the utilization/public awareness of the Everbridge mass notification system

• Ensure that the Emergency Operations Center (EOC) is functional/operational and can be activated as needed • Manage the Emergency Management Planning Grant (EMPG) with the state (Current award is $41,500.00) • Manage the Homeland Security Grant (SHSP) and assist other agencies within Summit County with their awards • Make application for the Pre-Disaster Mitigation Grant (PDM) to fund various mitigation projects within Summit County • Identify/seek funding sources to facilitate emergency preparedness within Summit County • Work closely with the Summit County Manager's Office to develop/implement a continuity of operations plan (COOP) to insure Summit County Government and services operate during emergencies and disasters • Coordinate with the three school districts and school resource officers for emergency situations in the schools • Coordinate the Summit County Emergency Preparedness Fair and other community outreach/public awareness events • Liaise with emergency managers/responders from other jurisdictions • Work closely with the Summit County Wildland Fire Warden and the Summit County Public Health Emergency Planner • Coordinate/collaborate with community partners and non-governmental organizations (Red Cross, religious organizations, etc.) • Liaise with the State of Utah Department of Emergency Management • Coordinate/host yearly fire evacuation meeting • Develop/implement training and exercises for employees/citizens • Coordinate the Community Emergency Response Teams (CERT) within Summit County • Attend regional coordination meetings for Region II • Respond as appropriate to incidents within Summit County

Budget Committee Review Prior to bringing this proposal to the Council, Staff sent it to the County’s Budget Committee to review and provide feedback per the policy that the Budget Committee weigh in on chart of positions changes that occur outside of the annual budget cycle.

After review, the Budget Committee recommended the following:

Recent events have helped demonstrate the need for an EM position separate from the PHEP position. The expectation is that this position brings in grant revenue to help offset employment compensation. The Committee recommends adding a new FTE to the Chart of Positions to accommodate both the EM and PHEP functions. If it is not the desire of the Manager or

Council to increase the total number of the Chart of Positions, then the Committee reserves the right to discuss frozen positions with the affected departments in order to determine the impacts and priorities of the County as a whole.

Recommendation In response to the Council’s request to accomplish two separate emergency manager functions without adding a new FTE to the County’s workforce, understanding the intent of the Budget Committee’s recommendation and in consideration of next fiscal year’s budget uncertainty, Staff propose the following:

1. Move the EM FTE to the Health Department for the PHEP Coordinator 2. Create a new part-time*, time limited position for a part-time EM a. Time limited positions are outside of the County’s merit system and as such, are not included in the Employee Chart of Positions and are not eligible for benefits, such as URS, paid leave, merit, dental coverage, etc. If under 30 hours/week, the position is not covered by health insurance either. The state limits how many of these positions we can have and limits the position to (up to) a three-year appointment. We have the flexibility to convert the position to an FTE in our merit system, or eliminate it due to budget or other reasons prior to the end of the three years. 3. Utilize current grant funding to pay for both positions with a small supplemental amount from the General Fund and under the constraints of the current 2020 amended budget to support the EM program 4. If and when the EM brings in additional grant funding, capacity can be added to the position, with subsequent approval by the County Council 5. If grant monies diminish, adjustments will be made to the position accordingly

* See Budget section for rationale for part-time/time-limited recommendation.

NOTE: While we do not currently have a dedicated EM, other than an interim manager from the Sheriff’s Office, the EM position/FTE being proposed to move to the Health Department to be the PHEP position was not frozen.

Budget The 2020 Council approved budget for Emergency Services is $124,600. This includes salaries ($66,000), benefits ($35,000) and operational supplies and expenses ($23,600). This budget is currently paying a portion of the PHEP Coordinator’s salary and expenses related to emergency management. It

was not frozen or reduced during the budget amendment process earlier this spring in response to the economic impacts of the COVID-19 emergency.

If approved by the Council, once the PHEP FTE is established, the PHEP Coordinator’s salary will be paid by the PHEP grant at 100%.

The emergency services program also receives federal and state grant money. The Emergency Management Planning Grant (EMPG) is approximately $41,500, and two Homeland Security Grants equal around $28,500, which cover a little more than half of the position and program expenses.

The EMPG grant is a 50/50 match while the State Homeland Security Program (SHSP) grant has no match requirement.

Both the EMPG and SHSP grants can be used to pay for personnel. There is a 50% limit on the amount of money used under SHSP for personnel. If both funding sources are used on personnel, we have to be careful about how we account for the EMPG cost match since SHSP cannot be used to match EMPG.

For example, if the part-time EM is paid $20,000 and we plan to pay $10,000 out of SHSP, only $5,000 of the remaining $10,000 could be covered with EMPG because the other $5,000 would need to be paid with County funds to meet the 50/50 match.

The average pay for a mid-level emergency manager with 5-9 years of experience at a full-time capacity is around $70,000, including benefits. Staff are confident the County can find a strong candidate to fill the EM position part-time well within the current 2020 budget.

Additionally, Staff believe there are other private and public grants that could fund even more of the EM budget should the County have a person in the position fully dedicated to identifying and applying for opportunities. It would be the expectation of whomever fills the EM role that they would identify, apply, and successfully bring in additional grant funding to cover the program.

While Staff strongly believe the EM position should be full-time in order to accomplish all the functions needed for a successful program (i.e. planning, training, grant management, CERT, emergency response, liaison work with partners, etc.), the current budget uncertainty for fiscal year 2021 prevents us from recommending more than a part-time, time-limited EM position at

this time as we intend for grants to cover the emergency services budget almost entirely.

If additional grant money is brought in, we can adjust capacity of the EM position to more than part-time/time-limited. On the converse, if current grant funding is reduced or goes away, we will need to adjust the position accordingly.

Justification In light of recent budget cuts the Council has had to make due to projected revenue shortfalls as a consequence of the COVID-19 emergency, there is currently a hiring freeze in place in Summit County. Staff believe there is enough justification for appointing a part-time/time-limited, dedicated EM now during the freeze in order to keep the County safe.

Lessons Learned from COVID-19 Emergency The Utah Department of Emergency Management has shared their appreciation for the continuity and engagement Summit County has demonstrated during the COVID-19 emergency, which can only be maintained by a dedicated individual in this position. Lt. Siddoway has devoted a tremendous amount of hours to serving as the interim EM at the cost of neglecting his other responsibilities in the Sheriff’s Office, which will become a problem if a search and rescue event occurs while the County is activated for the COVID-19 emergency.

The interim EM currently serves as manager of the County’s Emergency Operations Center (EOC). Since this was the first time in many years the County activated an EOC in real-time, the interim EM identified gaps in equipment, protocols, and plans. One of the most significant discoveries was the lack of EOC training for County department heads, political leadership, and partners prior to standing up the EOC for the current emergency.

At the beginning of the COVID-19 emergency, the interim EM held just-in- time training for department heads to activate the EOC, which went as well as it could have gone. However, it would have been far more effective had everyone come into the training with a strong foundation of EOC operations and purpose beforehand.

In addition to his EOC responsibilities during the COVID-19 emergency, the interim EM has also had to manage a number of other emergency-related duties, such as:

1. Assisting with planning around Coronavirus Aid, Relief, and Economic Security (CARES) Act funding and FEMA reimbursement.

2. Managing, distributing and tracking funds from the federal Homeland Security grants to sub grantees (i.e. fire districts)

3. Serving as liaison to the County’s Fire Warden and state partners on wildfire planning and response, assisting in setting up base camps under the newly established COVID-19 protocols

4. Working with Sheriff personnel, County Attorney, and HOAs on evacuation planning, involving coordination with the Red Cross on the placement of displaced people

5. Facilitating quarterly meetings of the Local Emergency Planning Committee as required as a recipient of the EMPG grant

6. Identifying deficiencies in the County’s current emergency preparedness plans, particularly the lack of a fatality and recovery management plan and Continuity of Operations Plans (COOP). Due to being an interim EM with other responsibilities, there is no capacity within this one resource to shore up the County’s plans, addressing these gaps

Additionally, there are a number of functions the interim EM has identified that will need to occur this year which the County does not currently have capacity to accomplish, such as:

1. Maintaining the Community Emergency Response Training (CERT) Program. Chris Crowley, when he was the EM, did a great job kicking off this program, which is a partnership between the County and the American Red Cross, to prepare individuals and families of Summit County in the event of manmade or natural disasters. However, since graduating several classes through the CERT program, the teams have not been activated and no new or refresher classes have occurred. This program needs attention.

2. Come January 2021 with the swearing in of new County Council membership, the Council will need to promulgate a new Emergency Preparedness Plan. Within the current EM structure, there is not enough staff capacity to prepare a plan for the Council to consider

During the COVID-19 emergency, Summit County has had talented, dedicated employees figure out as we went how to respond to this emergency but there were times, especially at the beginning of the emergency, where the County could have been more effective, efficient, and

timely had we had the resources needed to complete better planning, training, and overall preparations prior to this emergency.

Our current EM resources are tapped out and the fear is the County does not have the capacity required to adequately prepare for and respond to COVID- 19, earthquake, wildfire, or any other potential emergencies that may occur at the same time. Nor can the County adequately complete the planning needed to shore up the County’s Emergency Preparedness Plan and accomplish other duties, such as grant management, coordination with state and federal partners, and priorities of the Sheriff. Both the interim EM and now the full-time PHEP manager have been working on the COVID-19 emergency more than full-time since March 2020 at the expense of other County needs.

Timeline If Council approves the employee chart of positions amendment at the July 8, 2020 Council meeting, Staff have a job description ready to post and anticipates hiring the EM per the following schedule:

July 13-24 Post position and accept applications July 27-29 Review applications and choose candidates to interview August 3 Interview candidates August 5 Make offer August 24 New EM starts

Conclusion The COVID-19 emergency has made it clear that additional emergency management capacity is needed in order to effectively respond to emergencies in Summit County. The County’s ability to plan and quickly react is a direct function of having an individual with the right experience and skill set in the EM position that can plan, train, collaborate, organize and support the incident command in the correct way. This cannot be done in conjunction with the PHEP duties.

Staff believe we can no longer rely on an interim EM who has other duties within the Sheriff’s Office to manage the program. Currently, our emergency resources are tapped out, putting the County at risk should another large emergency occur this summer.

Staff strongly encourage the Council to approve the amendment to the Summit County Chart of Positions that would move an FTE to create a fulltime PHEP coordinator in the Health Department and authorize the County Manager to create a part-time, time limited position for an EM in the Sheriff’s Office that will be paid for by current grants and authorized budget.

Chart of Fulltime Positions Proposed January 2020

0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Department Position 0 Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime

Animal Control Animal Control Administrator 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Field Supervisor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Animal Control Officers 4 4 4 4 4 5 5 5 5 5 4 3 3 3 4 4 4 4 3 3 Kennel Tech 2 2 2 2 1 1 1 1 1 2 2 2 2 2 2 Subtotal 7 7 7 8 7 7 7 7 7 7 7 5 5 5 8 8 8 7 7 7

Assessor's Office County Assessor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Chief Deputy Assessor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Commercial Appraiser 1 1 1 1 1 1 0 Appraisal Supervisor 1 1 1 1 1 1 1 1 1 1 1 Assoc CommercialAppraiser 1 1 1 1 1 1 1 Appraiser/Software Spec 1 1 1 1 1 1 1 1 Deputy Appraisers 7 7 7 7 6 6 6 6 5 4 4 4 4 4 4 4 4 4 4 6 Assessing Tech 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 1 Subtotal 11 11 11 11 11 11 12 12 12 11 10 9 9 10 10 10 10 10 10 10

Attorney's Office County Attorney 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Chief Civil Attorney 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Civil Attorney 1 2 2 2 2 2 2 2 2 2 2 2 1 1 2 2 2 2 3 3 Chief Prosecutor 1 1 1 1 1 1 1 1 1 1 1 1 Prosecuting Attorneys 1 1 1 1 3 3 3 3 3 3 3 3 3 2 2 2 2 2 2 2 Investigator 1 1 1 1 1 1 1 1 1 1 1 1 1 Victim Advocate Director 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Victim Advocate 1 1 1 1 CJC Director 1 1 1 1 1 Legal Secretary 1 1 1 1 1 1 Paralegal 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Subtotal 7 8 8 8 9 11 11 10 10 11 10 10 9 9 10 11 11 11 12 12

Auditor's Office County Auditor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Chief Deputy Auditor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Financial Officer 1 Payroll Clerk 1 1 1 Management Analyst 1 Accountant 1 1 1 1 1 1 1 1 1 1 1 Auditing Tech 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 Subtotal 4 4 5 5 5 5 5 5 5 5 5 5 5 6 4 5 5 5 4 3

Clerk's Office Clerk 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Chief Deputy Clerk 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Deputy Clerk 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Subtotal 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Community Development Comm Development Director 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Office Manager 1 1 1 1 1 1 1 1 1 1 1 1 1 Administrative Assistant 1 1 1 1 2 2 2 Planning and Zoning Admin 1 1 1 1 1 1 Planning and Zoning Director 1 1 Economic Development Spec 1 1 1 1 Planning Director 1 1 1 1 1 1 Project Coordinator 1 1 1 1 1 1 1 1 1 1 1 1 1 Senior Planner 1 2 2 2 2 2 2 2 2 Special Projects Manager 1 1 Principle Planner 1 1 1 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 County Planners 7 6 5 6 6 5 5 7 6 5 5 5 2 2 2 2 2 2 3 3 Assistant County Planner 1 1 1 1 2 2 1 1 1 1 1 1 1 1 1 1 1 1 Code Enforcement Officer 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Permit Technician 1 1 1 1 1 1 1 1 Secretaries 3 3 3 3 3 3 2 3 3 2 2 2 2 2 2 2 2 2 2 2 Chief Building Official 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Plan Examiner 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Assistant Plan Examiner 1 1 1 1 1 1 Asst B.O./Supervising B.O. 1 1 1 1 1 1 Plan Exam/Asst Building Offic 1 1 1 1 Building Inspectors 7 7 6 6 6 8 8 7 7 5 4 4 4 5 5 5 5 5 5 5 Subtotal 23 23 23 25 27 29 26 26 24 20 20 19 20 21 22 22 22 22 23 23

Page 1 of 5 Chart of Fulltime Positions Proposed January 2020

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Department Position Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime Fulltime County Manager's Office County Manager 1 1 1 1 1 1 1 1 1 1 1 Assistant County Manager 1 1 1 1 1 1 1 1 1 Deputy County Manager 1 1 1 Rural Affairs Assistant Manager 1 1 Commission Administrator 1 1 1 1 1 1 1 1 Executive Assistant 1 1 1 1 1 Exec Assistant/Purch Admin Special Projects Director 1 1 1 1 Economic Development Coord 1 1 1 1 1 1 1 Sustainability Manager 1 1 1 1 1 1 1 1 Comm & Pub Affairs Spec 1 1 1 1 1 1 1 Office Manager 1 1 1 1 1 1 Financial Officer 1 1 1 1 Management Analyst 1 1 Risk & Procurement Administrator 1 1 Regional Transportation Plan 1 1 1 1 1 1 Transportation Planner 1 1 Senior Citizen Cook 1 1 Receptionist 1 1 Historian 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Administrative Assistant 1 1 1 1 Fair Coordinator 1 1 Special Events Manager 1 1 1 Emergency Manager 1 1 Secretary 1 1 1 1 1 1 1 2 1 1 1 1 1 1 Subtotal 1 1 2 3 3 3 5 5 5 7 6 6 8 8 12 12 13 14 12 7

Communication & P. E. Director 1 Deputy Director 1 Special Events Manager 1 Specialist 1 Subtotal 4

Engineering County Engineer 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Engineer 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 Stormwater Manager 1 1 Stormwater Inspector 1 Public Works Inspectors 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Engineering Tech 1 1 1 1 1 1 1 1 1 1 Code Enforcement Tech 1 1 1 1 1 1 1 1 1 1 Eng. Sec/Assistant Tech 1 1 1 1 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 1 1 Subtotal 6 6 6 5 6 7 7 7 6 6 6 6 7 8 9 9 9 9 9 10

Facilties Department Facilities Manager 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Grounds Supervisor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Facilities Tech 1 1 1 1 1 1 1 1 1 1 1 1 Housekeeping Supervisor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Housekeepers 2 2 3 3 4 4 4 5 5 4 5 5 5 4 5 6 6 6 Maintenance Techs 2 2 2 2 2 2 2 2 3 3 3 Office Manager 1 1 1 1 1 Custodian 4 4 2 2 2 2 2 2 2 1 1 1 1 1 Subtotal 7 7 8 8 9 9 10 10 10 11 11 11 10 10 10 11 11 12 12 12

Health Department Health Director 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Deputy Health Director 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Business Manager 1 1 1 1 1 1 1 1 1 1 1 1 1 Emergency Response Planner 1 1 1 1 1 1 1 1 1 1 1 1 1 Public Health Emergency Preparedness Coordinator 1 Public Information Officer 1 1 1 1 Administrative Assistant 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WIC Director 1 1 1 1 1 1 1 1 Clinical Assistant 3 3 4 4 4 4 4 4 4 4 4 4 2 3 3 3 3 3 4 4 Clinical Aide 1 2 1 3 3 2 2 Environmental Director 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Environmental Health Admin 1 1 1 1 1 Environmental Hth Scientist 2 3 2 2 2 2 2 2 2 2 2 2 2 4 4 4 4 4 5 5 Sustainability Manager 1 1 1 Behavioral Health Director 1 1 Behavioral Health Budget Manager 1 Nurse Director 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Nurse Practitioner 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Public Health Nurse 4 4 4 4 4 4 4 4 5 4 3 3 3 3 3 3 3 3 4 4 Early Intervention Ser. Prov 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Early Intervention Interpret 1 1 1 1 1 Registered Dietician 1 1 1 1 1 1 1 1 1

Page 2 of 5 Chart of Fulltime Positions Proposed January 2020

Occupational Therapist 1 1 1 1 1 Speech Pathologist 1 1 1 Prevention Director 1 1 Health Promotions Director 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Health Educator 2 2 2 2 2 2 1 1 1 1 1 1 1 1 2 2 3 3 3 3 Subtotal 19 21 21 23 23 23 22 21 23 22 21 22 22 24 25 26 27 28 32 33

Page 3 of 5 Chart of Fulltime Positions Proposed January 2020

Justice Court Judge 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Court Administrator 1 1 1 1 1 1 1 1 Senior Court Clerk 1 1 1 1 1 1 1 1 1 1 1 1 Court Clerk 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Subtotal 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5

Heritage & Arts Director 1 (Formerly Library) Museum Director 1 Library Director 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Assistant Library Director 1 1 1 Information Serv Librarian 1 1 1 Youth Services Librarian 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Teen Services/Social Media Librarian 1 Technical Services Librarian 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Outreach Services Librarian 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Spanish Services Librarian 1 1 1 1 1 1 1 1 1 Branch Librarians 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 Administrative Assistant 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Library Clerks 2 4 4 3 3 5 6 6 6 5 5 6 6 6 6 6 4 4 4 4 Subtotal 6 8 8 10 10 12 14 14 14 14 14 15 15 15 15 15 13 13 13 14

Personnel Director 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Benefits Administrator 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HR Tech 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Subtotal 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Public Works Public Works Administrator 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Deputy Public Works Admin 1 1 Financial Analyst 1 Public Works Superintendent 1 1 1 1 1 1 1 Weed Supervisor 1 1 1 1 1 Office Manager 1 1 1 1 1 Road Superintendant 1 1 1 1 1 1 1 1 1 1 1 1 1 Project Foreman 1 1 1 2 2 2 2 2 2 2 2 2 2 Mechanics 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 1 1 1 1 1 Mechanic Tech 1 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Weed Control Lead 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Equip Operator/Weed Spray 1 1 1 1 1 1 1 1 1 1 1 1 Equip Operator/Weed Enfor 1 2 1 1 1 1 1 1 1 1 1 1 Weed Enforcement Officer 1 1 1 1 1 1 Equipment Operators 13 13 13 14 16 17 17 16 15 13 11 11 12 12 15 15 15 15 15 15 Equip Operator/Storm Water 1 1 2 3 3 3 3 3 3 Transit Tech 1 1 1 1 2 2 Sign Technician 1 1 1 1 1 1 1 1 1 1 1 Subtotal 20 20 20 21 24 26 27 26 26 25 25 25 26 26 27 28 28 28 29 29

Recorder's Office County Recorder 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Chief Deputy Recorder 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GIS Technician 1 1 1 1 1 1 1 1 Senior Cadastral Mapper 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Deputy Recorder 7 7 8 8 8 8 8 8 8 6 4 4 3 3 3 3 3 3 3 3 Subtotal 10 10 11 11 11 11 11 11 11 9 7 7 7 7 7 7 7 7 7 7

Senior Citizens Senior Director 1 Senior Cook 1 Subtotal 2

Solid Waste Solid Waste Manager 1 1 Solid Waste Superintendant 1 1 1 1 1 1 1 1 1 1 1 1 1 Solid Waste Foreman 1 1 1 Landfill Operators 4 4 4 4 5 5 5 5 6 6 6 6 6 6 6 6 7 7 7 7 Landfill Spotters 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Gate Attendant 1 1 1 1 1 1 1 1 1 1 Subtotal 4 4 4 4 5 6 8 9 10 10 11 11 10 10 10 10 10 11 11 11

Page 4 of 5 Chart of Fulltime Positions Proposed January 2020

Finance Finance Officer 1 1 Risk & Procurement 1 1 Accountant 1 1 Accounts Payable 1 1 Accounts Receivable 1 1 Payroll 1 1 Subtotal 6 6

USU Secretary 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Subtotal 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

Sheriff's Office Sheriff 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Chief Deputy 1 1 1 1 1 1 1 1 1 1 1 1 1 Office Manager 1 1 1 1 1 1 1 1 1 1 1 1 Secretary 2 2 3 3 3 3 3 3 3 2 2 2 2 3 3 4 4 4 4 4 Admin Assistant 1 1 Emergency Manager 1 0 Captain 3 3 4 4 4 4 3 1 2 1 1 Admin Lieutenant 1 1 1 1 1 Admin Sergeant 1 1 Patrol Lieutenant 1 1 1 1 1 1 1 1 1 1 1 1 1 Patrol Sergeants 5 5 5 6 6 6 6 5 6 6 4 5 5 5 5 5 5 5 5 5 Patrol Lead Deputies 4 4 4 5 5 4 4 Deputies 17 20 20 20 20 25 25 21 19 18 15 14 14 15 19 19 19 19 23 23 JRI Deputy 2 2 2 2 2 Major Crime Lieutenant 1 1 1 1 1 1 1 1 Major Crime Sergeant 1 1 1 1 1 1 1 1 1 1 Major Crime Detective 1 4 3 3 3 2 2 2 2 2 Special Ops Lieutenant 1 1 1 1 1 1 1 1 1 1 1 1 Special Ops Sergeant 1 1 1 1 2 1 1 1 1 1 1 Special Ops Deputies 3 3 3 2 2 Detective Sergeant 1 1 1 1 1 2 2 3 3 3 2 School Resource Sergeant 1 1 Detectives 3 3 3 3 4 2 2 8 8 10 8 6 7 7 7 7 7 7 7 7 Evidence Tech 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SAR Lieutenant 1 1 Corrections Lieutenant 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Corrections Sergeant 1 1 2 5 5 5 4 4 4 4 4 4 5 5 5 5 5 5 5 5 Corrections Lead Deputies 4 4 4 4 4 4 4 Corrections Officers 17 15 15 15 16 16 16 15 14 14 13 12 12 12 16 16 16 16 16 16 Corrections Nurse 1 1 1 1 1 1 1 1 1 1 1 Court Security Lieutenant 1 1 1 1 1 1 1 1 1 1 Court Security Sergeant 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Court Security Lead Deputy 1 1 1 1 1 1 1 Court Security Officer 4 4 4 5 4 4 4 4 6 6 6 6 7 7 8 8 8 8 8 8 Inmate Working Deputies 2 2 2 2 2 2 3 Kitchen Manager 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Cooks 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Communications Director 1 1 Dispatch Supervisor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 Communications Lieutenant 1 1 Lead Dispatchers 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 4 4 Admin Dispatcher 1 1 Dispatchers 9 9 9 11 11 11 11 11 12 12 12 12 12 12 12 12 17 17 11 11 Subtotal 67 68 76 84 86 90 92 99 99 99 97 98 95 97 97 102 107 107 112 112

Total FTE 215 221 236 252 262 277 284 290 290 286 278 277 276 284 293 303 309 312 326 330 6/22/2020

Page 5 of 5 . Emergency/PHEP Manager Position

. February 5, 2020 Council Meeting Overview . Increase PHEP capacity to keep grant funding . Council direction not to add FTE

. Current state

. Budget Committee review Located in SO – Office TBD Supervised by Lt Alan Siddoway

. Update/implement Summit County Emergency . Develop/implement a continuity of operations plan Operations Plan (COOP) . Coordinate with school districts and school . Coordinate/spearhead the Summit County resource officers employee emergency preparedness program . Liaise with emergency managers/responders from . Coordinate the utilization of Everbridge mass other jurisdictions, Fire Warden, Public Health Emergency Manager, and the State notification system . Coordinate/collaborate with community partners . Ensure that the Emergency Operations Center and non-governmental organizations (Red Cross, (EOC) is functional religious organizations, etc.) . Develop/implement training and exercises for . Manage the Emergency Management Planning employees/citizens Grant (EMPG) with the state . Coordinate Community Emergency Response . Manage the Homeland Security Grant (SHSP) Teams (CERT) . Identify/seek funding to facilitate emergency . Respond as appropriate to incidents within Summit County preparedness . Move EM FTE to Health Department for full-time PHEP Coordinator

. Create a part-time, time limited position for the EM . Not in the County’s merit system Recommendation . Not in the Chart of Positions . No benefits (if 30 hours or more, must provide health insurance) . Up to a three-year appointment . Eliminate at any time . Part-time due to budget constraints

. Part-time, time limited EM paid almost entirely by grant funding . Supports separating the PHEP Coordinator and EM into two positions – “essential” positions

. Recommends PHEP position be added to the Chart of Positions but not at the cost of any frozen Recommendation positions that are currently unfunded . Expectation the EM would bring in additional grant funding to relieve County budget

. If it is not the Manager or Council’s desire to increase the total number of the Chart of Positions then the Committee recommends analyzing all the vacant positions and the priorities of the County as a whole . 2020 Council approved budget for Emergency Services is $124,600 . Salaries ($66,000), benefits ($35,000) and operational supplies and expenses ($23,600) . Not currently frozen or reduced by budget amendment . Covers part-time position this year, and with grants next year

. Grants from the state and federal governments . State Emergency Management Planning Grant (EMPG) ($41,500) . State Homeland Security Program Grant ($10,000) . Homeland Security Hazardous Materials Grant (~$18,500) . Other opportunities (potentially cover most of the program)

. The average pay for a mid-level emergency manager with 5-9 years of experience is around $70,000 . A full-time, dedicated EM is so critical for the County, Staff recommends hiring despite the freeze

. Current EM resources are tapped out and the fear is the County does not have the capacity required to adequately prepare for and respond to COVID-19 and other emergencies that may occur at the same time Lessons Learned From COVID-19 . No current capacity to complete the planning needed to shore up the County’s Emergency Preparedness Plan and accomplish other emergency duties and priorities of the Sheriff

. Both the interim EM and now the full-time PHEP coordinator have been working on the COVID-19 emergency more than full-time since March 2020 at the expense of other County needs If Council approves the employee chart of positions amendment at the July 8, 2020 Council meeting, Staff will recruit the EM per the following schedule:

. July 13-24 Post position and accept applications . July 27-29 Review applications and choose candidates to interview . August 3 Interview candidates . August 5 Make offer . August 24 New EM starts M I N U T E S

S U M M I T C O U N T Y BOARD OF COUNTY COUNCIL THURSDAY, JUNE 25, 2020 SUMMIT COUNTY HEALTH DEPARTMENT ANCHOR LOCATION PARK CITY, UTAH

To view Council meeting, live, visit the “Summit County, Utah” Facebook page 4:05 p.m. OR To participate in Council meeting: Join Zoom Meeting at https://zoom.us/j/772302472 OR To listen by phone only: Dial 1-301-715-8592, Meeting ID: 279-421-350 We appreciate your patience and understanding, as we are all getting used to this electronic meeting format

PRESENT:

The Council was called to order at 12:04 p.m. and all participating attended electronically.

Council Member Robinson was excused from the meeting today.

Council Members log into separate electronic meeting for closed session

Closed Session – Security

Council Member Armstrong made a motion to convene in closed session to discuss security. The motion was seconded by Council Member Carson and passed unanimously, 4 to 0.

The Summit County Council met in closed session from 12:04 p.m. to 1:04 p.m. to discuss security. Those in attendance were:

Doug Clyde, Council Chair Tom Fisher, Manager Glenn Wright, Council Vice-Chair Janna Young, Deputy Manager Roger Armstrong, Council Member Dave Thomas, Chief Civil Deputy Kim Carson, Council Member Margaret Olson, Attorney Rich Bullough, Health Director Phil Bondurant, Health Department Derek Siddoway, Communications Annette Singleton, Executive Assistant Andy Beerman, Park City Mayor Ilyssa Golding, Doctor Margaret Plane, City Attorney Nann Worel, Park City Council Matt Dias, Park City Manager Wade Carpenter, Park City Police Frank Smith, Chief Deputy Sheriff

Council Member Armstrong made a motion to leave closed session to discuss security and convene in open session. Council Member Carson seconded the motion and all voted in favor, 4-0.

The Council meeting adjourned at 1:04 p.m.

______Doug Clyde, Chair Kent Jones, Clerk

M I N U T E S

S U M M I T C O U N T Y BOARD OF COUNTY COUNCIL FRIDAY, JUNE 26, 2020 SHELDON RICHINS BUILDING ANCHOR LOCATION PARK CITY, UTAH

PRESENT:

Doug Clyde, Council Chair Tom Fisher, Manager Glenn Wright, Council Vice-Chair Janna Young, Deputy Manager Roger Armstrong, Council Member Dave Thomas, Chief Civil Deputy Margaret Olson, Attorney Kent Jones, Clerk Annette Singleton, Executive Assistant Rich Furlough, Health Director Phil Bondurant, Health Department

The Council was called to order at 3:30 p.m. and all participating attended electronically, via Zoom.

Council Members log into separate electronic meeting for closed session

Closed Session – Security

Council Member Wright made a motion to convene in closed session to discuss security. Council Member Armstrong seconded the motion with all voting in favor, 3-0.

The Summit County Council met in closed session from 3:32 p.m. to 4:13 p.m. to discuss security. Those in attendance were:

Doug Clyde, Council Chair Tom Fisher, Manager Glenn Wright, Council Vice-Chair Janna Young, Deputy Manager Roger Armstrong, Council Member Dave Thomas, Chief Civil Deputy Margaret Olson, Attorney Derek Sideway, Communications Annette Singleton, Executive Assistant Rich Furlough, Health Director Phil Bondurant, Health Department

Council Member Wright made a motion to leave session to discuss security and convene in open session. Council Member Armstrong seconded and all voted in favor, 3-0.

Pledge of Allegiance

Consideration of Approval

Consideration and possible adoption of Joint Public Health Order 2020-08: Rich Furlough, Phil Bondurant, and Dave Thomas

Rich Furlough, Health Director, Phil Bondurant, Health Department, and Margaret Olson, Attorney, presented the following Health Order for consideration of approval. Margaret explained the intent and changes proposed in this order regarding a requirement to wear face coverings. Chair Clyde, Council Members Armstrong and Wright, and Health Director Rich Furlough expressed their support for adoption based on concerns and recent uptrends in positive cases and the need to protect health, safety, and welfare of all.

Council Member Armstrong made a motion to approve Joint Public Health Order 2020-08 as presented including language added at 5:12 p.m., to be effective at 12:01 a.m. June 27, 2020. Council Member Wright seconded and all voting in favor, 3-0.

Closed Session – Security

Council Member Wright made a motion to convene in closed session to discuss security. Council Member Armstrong seconded the motion with all voting in favor, 3-0.

The Summit County Council met in closed session from 5:42 p.m. to 6:03 p.m. to discuss security. Those in attendance were:

Council Member Wright made a motion to leave session to discuss security and convene in open session and dismiss. Council Member Armstrong seconded with all voting in favor, 3-0.

The Council meeting adjourned at 6:03 p.m.

______Doug Clyde, Chair Kent Jones, Clerk

M I N U T E S

S U M M I T C O U N T Y BOARD OF COUNTY COUNCIL MONDAY, JUNE 29, 2020 SUMMIT COUNTY HEALTH DEPARTMENT ANCHOR LOCATION PARK CITY, UTAH

PRESENT:

Doug Clyde, Council Chair Tom Fisher, Manager Glenn Wright, Council Vice-Chair Janna Young, Deputy Manager Chris Robinson, Council Member Dave Thomas, Chief Civil Deputy Kim Carson, Council Member Margaret Olson, Attorney Roger Armstrong, Council Member Rich Bullough, Health Director Derek Siddoway, Communications Annette Singleton, Executive Assistant

The Council was called to order at 4:03 p.m. and all participating attended electronically.

Council Members log into separate electronic meeting for closed session

Closed Session – Security

Council Member Wright made a motion to convene in closed session to discuss security. The motion was seconded by Council Member Carson and passed unanimously, 5 to 0.

The Summit County Council met in closed session from 4:03 p.m. to 6:28 p.m. to discuss security. Those in attendance were:

Council Member Wright made a motion to leave closed session to discuss security and convene in open session and dismiss. Council Member Armstrong seconded the motion and all voted in favor, 5-0.

The Council meeting adjourned at 6:28 p.m.

______Doug Clyde, Chair Kent Jones, Clerk

Public Comment and Public Hearing Instructions 7/8/2020

If you would like to make public comments on any public hearing item, or an item not on the agenda, please email [email protected] by 12:00 p.m. on Wednesday, July 8th. Your comments will be read to the Council and made part of the meeting record.

If you are wishing to interact with Council during Public Input and/or the Public Hearing at 6:00 p.m., please:

1. Go to https://zoom.us/j/772302472 2. Enter meeting ID: 772-302-2472 3. Type in your full name, so you are identified correctly. 4. Set up your audio preferences. 5. You will be muted upon entering the meeting. 6. If you would like to comment, press the “Raise Hand” button at the bottom of the chat window. 7. When it is your turn to comment, the moderator will unmute your microphone. You will then be muted again after you are done speaking.

STAFF REPORT

To: Summit County Council From: Ray Milliner, County Planner Date of Meeting: July 8, 2020 Type of Item: Code Amendment – Public Hearing Possible Action Process: Legislative

RECOMMENDATION: Staff recommends that the Summit County Council review the proposal to amend Chapter 11-2-2 “livestock fencing” of the Eastern Summit County Development Code and approve the attached Ordinance.

Proposal

Chapter 11-2-2.C of the Eastern Summit County Development Code regulates fencing of livestock as it related to nonagricultural development adjacent to an existing agricultural operation. Currently the Eastern Summit County Development Code is not consistent with the requirements in Utah State Code. The analysis section below is a communication created with the Legal Department discussing the differences between the County Code and the State Code, and pointing out some of the weaknesses of the current County regulations. Considering the discrepancy between the County Code and State Code, staff is recommending that the County Council adopt changes to bring County Code into conformity with the State.

ANALYSIS

General Rule: First, Utah follows common law with respect to fencing of livestock and places liability for trespassing livestock on the owners of the livestock. Utah Code Annotated (“UCA”), §4-25-8 states the following: “the owner of any neat cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person, except in cases where the premises are not enclosed by a lawful fence in a county or municipality that has adopted a fence ordinance, is liable in a civil action to the owner or occupant of such premises for any damage inflicted by the trespass.” (Utah case law has also upheld this principle. In Bastian v. King, 661 P.2d 953 (1983), the plaintiff, a crop-owner in Garfield County, sued the defendant, the owner of cattle, for damage to plaintiff’s crops after defendant’s cattle ate and destroyed the crops. There was a dilapidated fence in place and defendant knew that the cattle might get out, but took the position that it was the plaintiff’s job to fence the cattle out. The Utah Supreme Court cited both §4-25-7 and §4-25-8 and found that, since the county did not have its own fence law on the book, then, under Utah law, the burden is on the livestock owner to prevent livestock from trespassing. The court also cited to several other Utah cases, which have held that Utah’s fencing laws are not an unconstitutional delegation of power to counties and are not too vague).

Exceptions: There are two exceptions to application of this general rule.

First, UCA §4-25-2 gives counties the authority through ordinance to enact its own general policy within the county for the fencing of farms, subdivisions, or other private property, to allow domestic animals to graze without trespassing on farms, subdivisions or other private property. So, a county may adopt a fence ordinance that is different from the general “fence in” rule in Utah. The law allows a county to divide the county and prescribe different fencing regulations in different areas but requires that we specifically call out what constitutes a lawful fence.

Second, in 2005, the Legislature enacted an exception to the above general rule for historical livestock trails and provides a defense for an owner of livestock whose livestock damages property abutting an historical livestock trail and the abutting property is not adequately fenced at the time the trespass occurs. An “historical trail” is defined as “property over which livestock has historically traveled to or from a grazing area or market.” In these cases, the livestock owner is not liable in a civil action for damage inflicted by the trespass.

To summarize then, Utah is a “fence in” state with the exceptions for animals entering the premises from an historic livestock trail where the premise is not enclosed by an adequate fence or where a county has enacted its own fence ordinance. If no fence ordinance exists, then the county must default to Utah’s fence-in law.

Summit County

Eastern Summit County: In Eastern Summit County, we have livestock fencing provisions found in Section 11-2-2 of the Development Code, its own livestock fencing law, so it, rather than the Utah code, applies. To summarize it:

First, all new, non-agricultural development immediately adjacent to an existing agricultural operation (as it’s defined in the Code) shall not be approved unless the developer or subsequent property owners assume the responsibility of fencing or paying ½ the cost to erect a fence for fencing OUT livestock.

It gets a little confusing however, because the code further states that all “major developments, including residential subdivisions, commercial and industrial operations and other projects that border agricultural lands” will be subject to the following: at the discretion of the adjoining agricultural landowner, the developer may be required to pay ½ the cost of a fence including labor and materials if the fence is a partition fence separating the two properties and the cost of the fence is reasonable. (see 11-2-2 (C) and (C)(1))

Code Amendments This makes little sense because all new development that isn’t agricultural must fence or pay ½ for fencing but the code then says that all major development may be required to pay ½ for fencing at the discretion of the next-door agricultural owner. So what applies to new major developments or older major developments? As written, it is unclear. The code further states that the developer may, at his or her own discretion, cost, and expense, construct a perimeter fence to enclose the development. Again, how does this square with the provision regarding all new development?

The Code also talks a bit about those areas that are determined by the State Division of Wildlife Resources to be wildlife migration corridors and says that wildlife friendly fencing may be considered with the design standards as described therein.

SUMMARY

It is staff’s opinion that the East Side’s code on livestock fencing makes very little sense as currently drafted and that it should either be amended or taken out to make the East side of the County a “fence-in” area. If we did so, it would default to the state law provisions. The Council may consider leaving in the provisions related to wildlife friendly fencing in areas that include wildlife migration corridors.

Analysis

Section 11-5-3 of the Eastern Summit County Development Code establishes a process for amendments to the text of the Code, it states that whenever an amendment to the Code is initiated, it must be reviewed by the Planning Commission who will deliver a recommendation to the County Council. The County Council, after holding a public hearing, can approve, approve with modifications, or deny the amendment. There is no criterion.

RECOMMENDATION

Staff recommends that the Summit County Council review the proposal to amend Chapter 11-2- 2 “livestock fencing” of the Eastern Summit County Development Code and approve the attached Ordinance.

Findings of Fact

1. Chapter 11-2-2.C of the Eastern Summit County Development Code regulates fencing of livestock as it related to nonagricultural development adjacent to an existing agricultural operation. Currently the Eastern Summit County Development Code is not consistent with the requirements in Utah State Code. 2. Eastern Summit County is a “fence out” area, which requires that property owners build fences to keep livestock off their property.

Code Amendments 3. Utah is a “fence in” state with the exceptions for animals entering the premises from an historic livestock trail where the premise is not enclosed by an adequate fence or where a county has enacted its own fence ordinance. 4. If no fence ordinance exists, then the county must default to Utah’s fence-in law. 5. On June 20, 2019, the Eastern Summit County Planning Commission conducted a public hearing and recommended to the County Council that the existing language in the Eastern Summit County Development Code be removed. 6. If the language is removed, Eastern Summit County will default to Utah’s fence-in law.

Conclusions of Law:

1. The amendment is consistent with the goals, objectives, and policies of the General Plan. 2. The amendment will not permit the use of land that is not consistent with the uses of properties nearby. 3. The amendment will not permit the removal of the then existing restrictions which will unduly affect nearby property. 1. The amendment will promote the public health, safety, and welfare of the People of Eastern Summit County.

Exhibits

Exhibit A – Proposed Ordinance with Code Language.

Code Amendments SUMMIT COUNTY, UTAH ORDINANCE NO. ______

AMENDING THE EASTERN SUMMIT COUNTY DEVELOPMENT CODE TO REMOVE SECTION 11-2- 2.C LIVESTOCK FENCING FROM THE EASTERN SUMMIT COUNTY DEVELOPMENT CODE.

PREAMBLE

WHEREAS, Chapter 11-2-2.C of the Eastern Summit County Development Code regulates fencing of livestock as it related to nonagricultural development adjacent to an existing agricultural operation; and

WHEREAS, Currently the Eastern Summit County Development Code is not consistent with the requirements in Utah State Code”; and

WHEREAS the East Side’s code on livestock fencing makes very little sense as currently drafted and that it should either be amended or taken out to make the East side of the County a “fence- in” area; and

WHEREAS, if no fence ordinance exists, then the county must default to Utah’s fence-in law; and

WHEREAS, The Summit County Council finds there is a compelling public interest that justifies the proposed amendments to the Eastern Summit County Development Code; and

Whereas, The Eastern Summit County Planning Commission conducted a public hearing for the proposed language on June 20, 2019, and;

Whereas, The Eastern Summit County Planning Commission forwarded a positive recommendation to the County Council on June 20, 2019.

WHEREAS, a public hearing was held to receive public comment and allow for the planning staff to make presentations to the public and County Council in regard to the application on July 8, 2020;

NOW, THEREFORE, the County Legislative Body of the County of Summit, the State of Utah, hereby ordains the following:

Section 1. EASTERN SUMMIT COUNTY DEVELOPMENT CODE The Eastern Summit County Development Code is amended as depicted in Exhibit A.

Section 2. Effective Date. This Ordinance shall take effect immediately after publication.

Code Amendments Enacted this ___ day of ______, 2020.

ATTEST: SUMMIT COUNTY COUNCIL

Kent Jones ______Summit County Clerk Doug Clyde, Chair

VOTING OF COUNTY COUNCIL: APPROVED AS TO FORM Councilmember Carson ______Councilmember Robinson ______Councilmember Wright ______Councilmember Armstrong ______David L. Thomas Councilmember Clyde ______Chief Civil Deputy

Code Amendments 11-2-2: AGRICULTURE:

C. Livestock Fencing: New, nonagricultural development immediately adjacent to an existing agricultural operation (defined by this title as "agriculture") shall not be approved unless the developer and/or subsequent owners of property within the development assume the 1 responsibility for fencing or paying one-half ( /2) of the cost thereof for fencing out livestock in accordance with the Utah code. All major developments, including residential subdivisions, commercial and industrial operations and other projects that border agriculture lands shall be subject to the following fencing considerations:

1. At the discretion of the adjoining agricultural landowner, the developer may be required to 1 pay for one-half ( /2) of the cost, including labor and materials for a fence if:

a. The fence is or becomes a partition fence separating the project site from the adjoining agricultural landowner's property; b. The cost of the fence is reasonable for the type of fence commonly found in that particular area.

2. Notwithstanding the above fencing requirement, the developer may, at his or her own discretion, cost and expense, construct a perimeter fence to enclose the development.

3. In project areas including wildlife migration corridors or critical wildlife habitat, as determined by the state division of wildlife resources (DWR), wildlife friendly fencing may be considered with the following recommended design standards:

a. Total fence height should not exceed forty two inches (42"). b. The space between the two (2) top wires (of a wire fence) should be at least twelve inches (12") apart with the top wire preferable being a smooth wire without barbs. c. The bottom wire should be at least thirteen inches (13") from the ground and smooth.

Code Amendments

MEMORANDUM

To: Summit County Council From: Planning Staff Date of Meeting: July 8, 2020 Type of Item: Eastern Summit County Development Code Chapter 3; Front Setback Amendments and Appendix A Setback, Front Amendment Public Hearing, Possible Recommendation Process: Legislative

Recommendation: Staff recommends that the Summit County Council (SCC) reviewe th attached amendments to the Eastern Summit County Development Code Chapter 3; Front Setbacks, Front setback if property lines extend to the center of a public road and Front setback if property lines extend to the center of a private access road. These amendments would be effective for zones R‐2.5, AG‐5, AG‐10, AG‐20, AG‐40, AG‐80 and CA zone districts. Also, staff consideration an amendment to Appendix A definition of “Setback, Front” to be consistent with the proposed new front setback language. Staff further recommends that the SCC conduct a public hearing and approve the proposed Front Setback changes by adoption of Ordinance 908.

Background/Analysis

As currently written in Chapter 3 of the Eastern Summit County Development Code, in all zone districts, it describes the front setback from the front property line, or the centerline of a public or private road. However, in recent months we have had several instances when a property line extends beyond the centerline or in some cases when a road bisects the parcel. This has created some conflicting interpretations of where the front setback would be applied in these instances. The proposed modifications to the front setback language is intended to simplify and make clear where the front setback should be taken from and ensuring that a structure is adequately distanced from the road or right of way.

Staff recommends that additional setback language be considered that would only require a front setback from any lot frontage with a driveway leading to a garage or parking space, in cases of a parcel with a corner lot or has a road or right of way on multiple sides. The current definition requires that a front setback is met from all sides bordering a public road, private road or other right‐of‐way. This severely limits many parcels buildable area and increases the request for relief from these setback standards.

On May 10, 2020, this item was discussed with the ESCPC during a work session. Commission was supportive of the language but asked staff to make some further clarifications to make it as

clear as possible where the setbacks would be measured from. Staff included the revised language taking into consideration the comments received at that work session. The ESCPC also asked that staff consider changes to the side setback on larger lots in different zone districts. Because of the time it would take to make those modifications and the current need to the revised front setback language, Staff committed to looking into the side setback separately.

On June 4, 2020, the Eastern Summit County Planning Commission conducted a public hearing regarding the proposed front setback amendments. No public comment was received in writing or at the public hearing. The Eastern Summit County Planning Commission unanimously recommended that the Summit County Council approve the proposed amended language.

RECOMMENDATION

Staff recommends that the Summit County Council conduct a public hearing and approve the proposed amendments to the Eastern Summit County Development Code Chapter 3; Front Setbacks, Front setback if property lines extend to the center of a public road and Front setback if property lines extend to the center of a private access road. These amendments would be effective for zones R‐2.5, AG‐5, AG‐10, AG‐20, AG‐40, AG‐80 and CA zone districts. Staff further recommend that the Summit County Council approve the amendment to Appendix A definition of “Setback, Front” to be consistent with the revised front setback requirements. These amendments shall be approved through the adoption of ordinance 908.

Public Notice, Meetings and Comments:

This item was noticed as a public hearing and possible action, through the adoption of an ordinance for the proposed Chapter 3 Front Setback and Appendix A Amendments in the June 27, 2020 issue of The Summit County News. No public comment has been received at the time of this report.

Exhibits A. Draft Amended Front Setback Language, Chapter 3 B. Draft Amended Appendix A “Setback, Front” Definition C. Ordinance 908

2 Location Minimum Setback Front setback 25 feet from property line; or 25 feet from the edge of the improved drivable surface of a public or private road; or the 25 feet from the edge of the designated right of way, whichever creates a greater setback from the road or right of way. This measurement will be taken from the closest edge of the public or private road or right of way closest to the structure to be built. Front setback if property lines extend to the center of 55 feet from the centerline of the road a public road

Front setback if property lines extend to the center of 55 feet from the centerline of the road a private access road

Front setback, Corner Lot or when multiple roads or a. Any frontage with a driveway leading to a garage right of ways are adjacent to the parcel - one or Parking Space shall have a Front Setback. minimum Front Setback and one minimum Side b. On any Corner Lot, a clear view area must be Setback shall be met from the property line; or edge maintained. This is a triangular area formed by the of the improved drivable surface of a public or private property lines abutting the road and a line connecting road; or edge of the designated right of way, them at points twenty-five (25) feet from the whichever creates the greater setback from the road intersection of the property lines. No obstruction to or right of way. This measurement will be taken from view in excess of three (3) feet in Height shall be the closest edge of the public or private road or right placed in the clear view area, including walls, of way closest to structure to be built. The following Fences, Structures, signs, trees, shrubs, or hedges. provisions must be met: When topography prevents a clear view, the area shall be graded to provide visual clearance. Side setback 12 feet from property line

Rear setback 12 feet from property line Wetland 40 feet from delineation line as defined by the Army Corps of Engineers

River or perennial stream 100 feet from ordinary high water mark Lake or natural pond 50 feet from ordinary high water mark Union Pacific Rail Trail State Park 100 feet from property line

EXHIBIT A Modification to Appendix A SETBACK, FRONT: The setback required for each side of a lot or parcel with a driveway leading to a garage or Parking Space bordering a public road, private road or other right‐of‐way.

EXHIBIT B SUMMIT COUNTY, UTAH ORDINANCE NO. 908

AN ORDINANCE AMENDING THE EASTERN SUMMIT COUNTY DEVELOPMENT CODE, TITLE 11, CHAPTER 3: FRONT SETBACKS AND APPENDIX A DEFINITION OF FRONT SETBACK

WHEREAS, the current Eastern Summit County Development Code was adopted on June 1, 2018; and

WHEREAS, since that time, it has become clear that further clarification of front setbacks was necessary to simplify and make clear where the measurement should be taken from while ensuring that a structure is adequately distanced from the road or right of way, as well as creating flexibility for lots with more than one road or right of way surrounding the parcel throughout the residential zones in Eastern Summit County; and

WHEREAS, the County is amending the Eastern Summit County Development Code, Chapter 3 that adds language clarifying “front setbacks” and also modifies Appendix A definition of “setback, front” ; and

WHEREAS, this amendment will apply to front setbacks in zones R-2.5, AG- 5, AG-10, AG-20, AG-40, AG-80 and CA; and

WHEREAS, the Eastern Summit County Planning Commission held a work session on May 7, 2020 and conduced a public hearing on June 4, 2020 and unanimously recommended the amended sections of the Eastern Summit County Development Code; and

WHEREAS, a public hearing was legally noticed and held before the Summit County Council on July 8, 2020; and

NOW, THEREFORE, pursuant to the authority granted to the Summit County Council (Council) as the County Legislative Body of the County of Summit, State of Utah, the Council hereby ordains as follows:

Section 1. Adoption. The Eastern Summit County Development Code is amended as depicted in Exhibit A.

Section 2. Effective Date. This Ordinance shall take effect 15 days after passage by the Summit County Council and subsequent publication in a newspaper of general circulation in Summit County, Utah.

APPROVED, ADOPTED, AND PASSED and ordered published by the Summit County Council, this ______day of , 2020.

ATTEST: SUMMIT COUNTY COUNCIL

______Kent Jones Douglas Clyde, Chair Summit County Clerk

VOTING OF COUNTY COUNCIL:

APPROVED AS TO FORM Councilmember Carson Councilmember Robinson ______Councilmember Clyde David L. Thomas Councilmember Armstrong Chief Civil Deputy Councilmember Wright EXHIBIT A

EASTERN SUMMIT COUNTY DEVELOPMENT CODE AMENDED FRONT SETBACK LANGUAGE FOR CHAPTER 3; APPLIES TO ZONES R-2.5, AG-5, AG-10, AG-20, AG-40, AG-80 and CA Location Minimum Setback

Front setback 25 feet from property line; or 25 feet from the edge of the improved drivable surface of a public or private road; or the 25 feet from the edge of the designated right of way, whichever creates a greater setback from the road or right of way. This measurement will be taken from the closest edge of the public or private road or right of way closest to the structure to be built.

Front setback, Corner Lot or when multiple roads or a. Any frontage with a driveway leading to a garage right of ways are adjacent to the parcel - one minimum or Parking Space shall have a Front Setback. Front Setback and one minimum Side Setback shall be b. On any Corner Lot, a clear view area must be met from the property line; or edge of the improved maintained. This is a triangular area formed by the drivable surface of a public or private road; or edge of property lines abutting the road and a line connecting the designated right of way, whichever creates the them at points twenty-five (25) feet from the greater setback from the road or right of way. This intersection of the property lines. No obstruction to measurement will be taken from the closest edge of view in excess of three (3) feet in Height shall be placed the public or private road or right of way closest to in the clear view area, including walls, Fences, structure to be built. The following provisions must be Structures, signs, trees, shrubs, or hedges. When met: topography prevents a clear view, the area shall be graded to provide visual clearance.

Side setback 12 feet from property line

Rear setback 12 feet from property line

Wetland 40 feet from delineation line as defined by the Army Corps of Engineers

River or perennial stream 100 feet from ordinary high water mark

Lake or natural pond 50 feet from ordinary high water mark

Union Pacific Rail Trail State Park 100 feet from property line EXHIBIT A

Modification to Appendix A SETBACK, FRONT: The setback required for each side of a lot or parcel with a driveway leading to a garage or Parking Space.