HomeMy Public PortalAboutMIN-CC-2019-10-04MOAB CITY COUNCIL MINUTES
SPECIAL JOINT CITY AND COUNTY COUNCIL MEETING
October 04, 2019
Special Meeting &Attendance: The Moab City Council held a Special Joint City and County
Council Meeting on the above date in the City Chambers at the Moab City Center, located at 217
East Center Street, Moab, Utah. A recording of the meeting is archived at
www.utah.gov/pmn/index.html. A video recording is archived at:
https://youtube.com/watch?v= es dCoXgQUc.
County Council Chair Evan Clapper called the meeting to order at 12:00 PM. In attendance
were U.S. Congressman John Curtis and Sue Curtis, Curtis District Director Lorie Fowlke, Curtis
Chief of Staff Corey Norman and Curtis Rural/Public Lands Advisor, Senator Romney's Eastern
Utah Director Clay Crozier, Grand County Council Chair Evan Clapper, Vice Chair Terry Morse,
County Councilmembers Jaylyn Hawks, Mary McGann, Curtis Wells, Greg Halliday and Rory
Paxman, Moab City Councilmember/Mayor Pro Tem Tawny Knuteson-Boyd, City
Councilmembers Kalen Jones, Rani Derasary, and Karen Guzman -Newton, County Council
Administrator Ruth Dillon, City Manager Joel Linares and Assistant City Manager Carly Castle,
Castle Valley Mayor Jazmin Duncan and Town Councilmembers Harry Holland and Bob
O'Brien, Southeast Utah National Park Services Superintendent Kate Cannon, Manti La Sal
National Forest District Ranger Mike Diem, BLM Assistant Field Manager Jennifer Jones, Utah
State Parks SE Region Manager Megan Blackwelder, Emergency Medical Services District
Director Andy Smith, Moab Valley Fire District TJ Brewer, Grand County Sheriff Steve White,
County Attorney Christina Sloan, County Clerk/Auditor Chris Baird, County Surveyor Lucas
Blake, County Treasurer Chris Kauffman and County Assessor Debbie Swasey, Travel Council
Board Chair Howard Trenholme and Travel Council Director Elaine Gizler, Airport Director
Judd Hill and Airport Board Chair Bill Groff, Moab Community Childcare Tess Barger, City
Recorder Sommar Johnson and City Deputy Recorder Joey Allred. Twenty-three members of
the public and media were also present.
REMARKS FROM CONGRESSMAN CURTIS:
Congressman Curtis said that County Council Chair Clapper and others had taken him out to do
some canyoneering that morning and it reinforced what a beautiful place Grand County is, and
how important it is that decisions be made that preserves and protects it for years to come. He
was once the Mayor of Provo City and believes that the best form of government is that that's
closest to the people. He said that he has the utmost respect for the community's elected officials
and feels that his job is to work for them. He said that he was there to listen to what they all had
to say and find the areas where he can be helpful in accomplishing what is important to this
community.
County Council Chair Clapper said that there has recently been community -wide conversation
on tax reforms in the state that could potentially have deep impacts on the city, such as the
Transient Room Tax, Estate Tax and Sales Tax. There has also been discussion of the impacts to
local government due to underfunding for public lands management. Clapper said that he
wanted to bring Curtis up to speed on some agreements that are in place to work with local
authorities in partnership with some of the local land managers. He invited comments from the
agencies present of what they were experiencing.
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DIALOGUE ON:
• Impacts to local government due to underfunding for public lands
management
Sheriff White explained how tourism has grown over the last several years and the huge impact
that it has had on all public safety resources, such as Law enforcement, Fire and EMS. They are
working with some cooperative agreements to try to meet the actual needs. They are working on
a contract with BLM, because the previous contract didn't cover 1/3 of what the Sheriffs Office
really does. There are 1.4 Sheriffs that are going to DC next month to meet with the Secretary of
Agriculture and the Secretary of Interior on these contract issues. They are tying to get back to
where the cooperative agreements are fair with rules that will dictate who is going to do what.
He pointed out that the County has been working with Sand Flats and they are going to adopt
ordinances that will have the Sheriffs Department taking on resource crimes, but they need the
tools to be able to do so and they need to work with their federal partners to facilitate it. White
gave an example of the County's Search Rescue being the busiest in the State and i00% of their
rescues are on public lands. He said that EMS is experiencing the same thing, and they all need
some help.
County Attorney Sloan presented a draft ordinance that is an effort that both state and federal
land managers have worked on with the County, Sand Flats, the Sheriffs Office and the County
Attorney's Office to start the process to draw up these ordinances because they don't have any
code on their books to allow law enforcement to cite or charge anyone with a violation on public
lands. Federal land managers don't have the resources to respond to such violations either. The
ordinance will give law enforcement the codes to enforce violations on public lands. She
explained that visitation has increased by 6o% at Arches National Park and 71% at the BLM
while contributions have remained the same since 2011.
Travel Council Chair Howard Trenholme stated that it comes down to money. He said that he
feels that local taxpayers and business owners are burdened with costs that shouldn't be theirs.
Local law enforcement is huge. The Sheriffs Office is responding to calls on public lands because
BLM only has two rangers in three full districts. He said that Grand County's district had 2.9
million visitors and that it is only a class 5 county with a population of to,000 residents that is
overperforming, so they need help. The State of Utah collects user taxes for every admission,
camp fee and permit for State Parks. He thinks that the people who come here should be the
ones paying the taxes that would help the counties deal with them. There is no other class 5
county like this in Utah.
Congressman Curtis said that one of the things that he has observed when it comes to federal
agencies is that most people like the federal employees that work in their midst and get
frustrated with the agencies in DC. He thinks that the BLM move to Colorado is important
because it will put the decision makers in the middle of these states that have so much federal
land. The decision makers don't really understand what it's like to live in a county that is 96%
federal land. He thinks that the BLM move is a first step and they need to continue that type of
connection, connecting the County's real -life realities with Washington DC, where his colleagues
don't understand the pressures the County is dealing with. He has been hearing the same things
from the four counties of Southeast Utah. He represents Grand, Emery, San Juan and Carbon
Counties and if the four counties were to come together on some of these issues, they would be
far more powerful.
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County Council Chair Clapper said that it comes down to communication and connections as a
critical piece, and hopefully that is the first step toward some of the funding requests. As of now,
it is the people who live in this county that are supporting 9o% of public lands.
Congressman Curtis stated that when he was in Provo 5o% of their land was non-taxable, and
they complained about that, so he understands the shift of the tax burden to the property
taxpayers when 6% of the landowners are paying i00% of the burden. Congress will be having a
Western Caucus in two week and they will be coming to Moab where the community can make
their case as they have done today.
• Continued funding for Essential Air Service
Airport Director Judd Hi11 said the federal government made a great decision in 1978 to
deregulate the airlines. It led to cheaper flights, more flights and more destinations. The
downside to that decision was that the federal government was no longer telling private
businesses what to do anymore. That's a great thing from a business perspective, but not from a
small community perspective. It put small communities in a bind and they no longer had air
service. The establishment of Essential Air Service was a way for the federal government to
provide a funding source to subsidize the private industry to provide services for small
communities. This is their lifeline. Grand County's annual visiting population is equivalent to
one of the large cities across the US. However, as a small community, Grand County doesn't
have the voice that the Wasatch Front or downtown Chicago does, so it's an easy component of
the federal budget to cut. Without congressional support representing rural America, "it is a way
that could, literally, cut us off from connection to the outside world".
Congressman Curtis said that there was actually an amendment on the House floor to remove
i00% of the Essential Air funding, he voted against that amendment, as did enough of his
colleagues. However, what he believed Hill was saying was that some in Washington see it as
low hanging fruit to cut and don't understand it. Curtis said that he would be their voice with
help from Hi11 telling him what to say from time to time. He would like to work with Hill in
securing some funding and doing some good things for the airport.
• Use of federal highway gravel pits
Castle Valley Mayor Jasmine Duncan said that they had sent a letter asking that Curtis look into
allowing municipalities the use of federal highway gravel pits. Use of the federal highway pit
(Gulch Pit) would be a five -mile round trip from Castle Valley to get materials, while others
would be a 16-3o-mile round trip. Being that close to a viable pit and being unable to use it is an
interesting situation. She was hoping that something could be worked out. The current permit
holder is UDOT and they've had no issue with Castle Valley "piggybacking" with them in the
past. City Councilmember Tawny Knuteson-Boyd added that there are several federal pits in the
Grand County area and the County has historically been able to access them. It is only recently
that they have been asked not to and it can almost double the cost of a project, just in
transportation costs. Castle Valley Councilmember Harry Holland added that Castle Valley is
unique in that it is surrounded by BLM and other federal property. He said that he used to be
the Castle Valley Roads Manager and the state never had any issues with them using the pits for
Castle Valley projects. However, "the Federal Highway Commission decided that all the
materials in the pit belonged to them, but the land belonged to the BLM and that is where the
rub is".
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Congressman Curtis said that he would need to learn more about it but would be happy to see if
they could be helpful. Curtis asked Councilmember Knuteson-Boyd to add onto the Castle Valley
letter and add either of their contact information so that he can get back to them.
• OHV use in National Parks
County Council Chair Clapper said that topic came as a recent surprise to the community.
Neither Council has had a chance to meet together and take a stance one way or another and
asked National Park Service Regional Superintendent Kate Cannon to fill everyone in. Cannon
said that state law changed in 2018 to allow ATVs of all sorts to operate on roads, streets and
trails everywhere except the Wasatch Front and communities weren't given the opportunity to
opt out. That also would have put ATV's in national parks, but it was felt that it would be
inappropriate in national parks as the noise they make goes over the 6o decibels set in their
regulations. National parks were able to use those regulations to preclude those vehicles into the
parks. Now there is a proposal that that be changed, and they are working to try to avoid that
happening. County Attorney Sloan said that of all of the special events held in Moab, the ATV
Rally has been held here for a few years and has gotten more negative comments to the County
Council than any other event this year and the noise has been the chief complaint. They have
been placed on a one-year probationary period and she has been working with Friends of Arches
and Canyonlands for the creation of a resolution to ask that ATVs not be allowed in National
Parks. Discussion ensued and Congressman Curtis recommended that they bring all of the
different stake holders together on this matter to enable him to further a bill for Grand County
public lands. Congressional action demands consensus and he and his team are ready to be a
willing partner.
• Other federal -related topics of interest
County Councilmember Curtis Wells wanted to discuss congestion issues in Arches National
Park, and invited Parks Superintendent Cannon speak on the matter. She told the group of a
Public Meeting, Open House at 5:0o p.m. on October 15th at the Grand Center. The National
Park Service will announce that they are taking a step back from the current plan and throwing
out the environmental assessment that included a reservation system. They are starting over to
try to find a solution to the congestion that they face in Arches and other National Parks in the
Intermountain West. They cannot continue to grow without something being done about the
crowding. It is also important for local communities as they want to take full advantage of the
economic effects of our National Parks and have the communities thrive. Trenholme said, "I
think what you're hearing is that our Congress needs to do better for the smaller communities
that serve so many taxpayers". He talked about needing help to solve the Arches congestion
issues with additional funding. Congressman Curtis said that one of the biggest problems is the
backlog of deferred maintenance. He is on the Natural Resources Committee and they've moved
legislation forward to help with that fund gap. That is his number one mission. The cost is
growing to take care of maintenance and they have to find a solution for Grand County.
Superintendent Cannon pointed out that they have made great strides at Arches. They've
completed a 16,000,000 road project and other top major improvements in deferred
maintenance.
Jessica O'Leary stated that the Equal Rights Amendment needs 38 states to ratify it for it to be
added to the Constitution and we are now at 37. Utah has not yet ratified the Amendment, but if
it does, the Amendment can be added to the Constitution and she felt that all women, all people,
deserve equal protection under the Constitution. There is an opportunity for Utah to ratify the
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Amendment in the next legislative session for it to go back to Congress. She asked for everyone's
support by talking to their legislators. Congressman Curtis said that his District Director Lorie
Fowlke could represent the community well "in trying to understand that and our role in that
and be helpful". He told an anecdotal story about how the state will be moving the Martha
Hughes Cannon statue back to Washington DC where it will replace the statue of Philo T
Farnsworth. Cannon was the first woman State Senator in the United States, elected even before
women had the right to vote. She was his wife's ancestor and won that seat by defeating her own
husband. He also told how he came from a family of, and is married to, strong influential
women. More discussion followed.
City Councilmember Kalen Jones said that most of the businesses that rely on Arches visitation
are within City limits, so there is concern about their health. He said that the Council receives a
lot of feedback from residents regarding ATVs and the issue is about the noise impacts. The
stock mufflers on ATVs meet federal noise regulations, so it seems that one solution at the state
and local level would be to amend the regulation.
Congressman Curtis gave an update explaining what he has been doing and what he has been
working on as it relates to this community. The SOAR Bill (Simplifying the Outdoor Access to
Recreation Act) is his bill and has made through committee. He has a Democratic co-sponsor,
Congresswoman Holland, and the Bill doesn't remove the restrictions to getting permits on
public lands, but it makes the path a little smoother and easier so that groups can access these
beautiful public lands. He is also co-sponsor on Congressman Neguse's SOIL Bi11 (Study on
Improving Lands). While he and Neguse disagree on certain topics, they work well together on
many others. This bill is a study because they are starting to learn more about soils absorbing
carbon monoxide, the impact that has on public lands and public lands ability to help reduce
carbon out in the atmosphere. He sponsored a Resolution on the House floor to recognize Clean
Energy Week and was able to get about 25 Democrats and 25 Republicans to co-sponsor that
Resolution. He had been asked what some of the things were that he had been working on that
were not so obvious. He stated that he has a real passion to make the climate a bipartisan issue.
There are stereotypes about each party in Washington DC that are not true, and he has found
that they change the question a little bit and simply ask "do you want to leave the earth better
than we found it?" the dialogue goes much better. He has been enjoying dialog with both
Republicans and Democrats breaking down the stereotypes to make the environment a
bipartisan issue, because he doesn't think that it will be successful with only half of Congress
involved. He welcomes all of the community's thoughtful ideas and suggestions on how to do
that because he believes that the community faces that daily. He asked that the County and City
think of him as a partner.
County Councilmember Mary McGann said that she appreciated what he had said about
changing the dialog when talking about climate change and she as always thought that they
needed to change the dialogue when talking about gun violence. She wanted to suggest that
instead of calling it gun control, call it responsible gun ownership because what is wanted is
responsible gun ownership.
PRESENTATIONS:
• "Moab's Childcare Crisis: A community "Solution" (Moab Community
Childcare)
Tess Barger presented on Moab Community Childcare (MCC), a non-profit organization
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committed to providing safe, accessible, and high -quality childcare for working families in the
Moab Community. They believe that if they provide strong, accessible, developmentally
appropriate childcare, they facilitate strong, stable families. MCC began as a coalition in 2016
and received their 5o1c3 non-profit status in 2018. They have been reaching out to key leaders
in the community, trying to provide education on the issue and get the support needed to make
sure that it is being addressed. They have been looking at population size and there are
approximately too infants born in this community each year and there are approximately 200
children between the ages of 0-2 at any given time. The childcare provider to child ratio in this
age group is 4 children to each childcare provider in a licensed facility and 8 if they children are
over the age of 2. The majority of childcare providers do not provide childcare to the 0-2 age
group because it isn't a lucrative business. The careaboutchildcare.utah.gov website shows that
the available spots for childcare for children 0-2 at any given time in this community is zero.
They performed a survey via social media to gauge the difficulty parents have finding and
maintaining childcare. The results showed that 85% of parents were having great difficulty in
finding childcare. The average that parents were paying for childcare was $5oo/mo. and up.
About 7o% of parents thought about quitting their jobs based on the lack of available childcare.
Both the Moab Sun News and the Times Independent have written articles about the childcare
crisis and quoted Sheriff White as describing Moab as "a daycare desert". If children are not
being supported in their earliest stage of life, there are going to be a lot of issues in terms of
development and education as they get older. The MCC has looked at several different models
and their current project is a satellite childcare model where different agencies/businesses in
town provide available space to house these satellites that would be childcare centers open
Monday — Friday, 7:oo a.m. — 5:oo p.m. where childcare could be provided focusing on the
MCC's values. To be able to get high quality staff they have to be able to pay competitive wages.
They would provide 2.5 teachers in each of the childcare classrooms and they would be able to
serve 8 0-2 infants per classroom. This model would have a tuition fee of $650/mo. flat rate and
a DWS subsidy can be applied. This tuition would still not allow them to pay the teachers what
they should be paid but would be enough to keep the MCC self-sufficient. They will be able to do
fundraising and accept private donations to be able to pay their workforce an appropriate
amount to retain a high -quality workforce, as well as offer scholarship opportunities to many
families that would not be able to afford the full tuition. She showed the group the specifications
that would be needed for provided space. Next steps are establishing partnerships and acquiring
seed money before they can hire an Executive Director. Discussion followed regarding
contributions, the funds needed to start a satellite site and how many children are in need of this
service in the community.
FUTURE CONSIDERATIONS
County Council Chair Clapper reminded everyone of the milestone celebration for the UMTRA
site at Lions Park at 2:3o that afternoon.
There were no further future consideration matters.
ADJOURNMENT
County Council Chair Clapper adjourned the meeting at 1:33 p.m.
APPROVED:
Emily S. Niehaus, Mayor
ATTEST:
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Sommar Johnson, City Recorder