MINUTES
OF THE KANE COUNTY
BOARD OF COMMISSIONERS’MEETING
December 11, 2017
IN THE KANE COUNTYCOMMISSION CHAMBERS,
76 NORTH MAIN, KANAB, UTAH
Present: Chairman Dirk Clayson, Commissioner James L. Matson,Commissioner Lamont Smith,Attorney Rob VanDyke, Clerk/Auditor Karla Johnson, Deputy Clerk/Auditor Tanya Meeks
Also present:Treasurer Kevin Blomquist,Budget John Livingston, ITS Dave Owens, Mary Reynolds, GIS Lou Pratt, Craig Hansen, HR Rhonda Gant, Sheriff Tracy Glover, Chief Deputy Attorney Jeff Stott, Devin Shakespear, Roads Bert Harris, L & P Shannon McBride, Kelly Stowell, Kaylea Crosby, Sari Brinkerhoff, Hospital Administrator Sherri Pandya.
CALL MEETING TO ORDER: CommissionerDirk Clayson
PRAYER:Craig Hansen
PLEDGE OF ALLEGIANCE: John Livingston
WELCOME: CommissionerDirk Clayson
PUBLIC COMMENT:
Three (3) Minute Time Limit per Speaker for Public Comment
Dirk commented on his visit to Salt Lake City when the document that reduced the size of the GSENM was signed by President Trump a week ago. The monument was cut in about half.
Gravel resource for road maintenance will be available again.
The new Proclamation calls for a revised planning effort to open all roads that were open prior to the monument. Out of those 370 roads that were closed, only three have been physically closed out on the ground. Out of the threethat were closed our biggest one that we have been pushing for and have adopted resolution for is theParia River Road. The Paria River Road is a significant touch stone for us to have motorized access to canyon. This will be a great benefit to our tourism because it was a very actively used route that provided access to several other trail heads, which are currently inaccessible but will be available for tourism. We will review more on the new map. These should have an effect on our ranchers for the good. They have hung in there for a new outcome. This revision should have an impact on tourism, because they will be able to now access more roads.
Commissioner Matson said the process was well organized by the state of Utah in partnership of the Department of the Interior. I think that all that needed to come together in an effective fashion there in the State Capital was quite an experience. Having done this once in a life time and watching this process I have faith in our government.
Commissioner Smith dittoed what was just said.
Cara Lee said that some of the drama came from people that wanted to speak but didn’t get a chance when the authorities came. She believes there will be a lot of law suits come from this revision of the GSENM.
Carol Sullivan commented that when the government started on the monument, our local government could not even get an idea of how big the monument was going to be. Our local government and local people were not even allowed to attend the making of the monument.
Lamont commented that the property is the same as it was. We were not abusing the lands. What hurts the monument is funneling of the tourist. People drive & drive and can’t find the monument. They want to take a picture of the staircase. So the tourist try to follow their GPS’s out on the few roads that they can go on but they can’t find the Monument, so they take off on their own which can lead them on to roads that can get them into trouble. Our Sheriffs and Search and Rescue teams are out at all hours of the night trying to locate people in trouble. It isn’t always a positive outcome.
We have been good stewards of the land. We have Forest Service and BLM laws to help us protect the land.
CONSENT AGENDA:
Check Edit Reports
Approval of: November 20, 2017 Commission Meeting Minutes
Motion to approve all items in the consent agendas made by Commissioner Matsonandthe
motion carriedwith all Commissioners present voting in favor.
REGULAR SESSION
- Senior Center, Counsel on Aging / Carol Sullivan
Carol is the Chairman of the Council on Aging. Carol’s concern is for our Senior Citizens. Our Senior Center has been the same since it opened in 1974.
Harvey Zelm use to be overthe Senior Center. He had a proposal that he made to the County Commissioners on the need of a new facility. The current facility was opened in 1974 and his proposal was in 1996 so the facility was 22 years old and in some need of help. It is now 44 years old and still in need.
Harvey also indicated that there was land that had been set aside for a Senior Center, but because of lack offunding and of interest,his proposal didn’t go anywhere.
Carol is the Chairmanof the Council on Aging. The COA meets androtatestothe different county senior centers. All the other counties have updated their Senior Center but we still haven’t been able to.
We have a lot of retired people moving into our area and people are healthierat retirement age and they want a nice center to go to for social activities. Seniors now are more active.
We need a new center and are hoping that the new Senior Center isn’t just going to be a band-aid. Other communities have great Senior Centers.
Dirk said that there haven’t been any cuts to the Senior Center design but the rest of the Kanab Center has had major cuts because of funding.
Carol purposed that we need a publication verifying that the new Senior Center is coming.
Dirk said it would be finished about mid-year 2018.
Craig would like to know they have the funding to finish the project without cuts. He also said he would meet with Mat Brown to get some pictures and drawings to show the seniors in our community.
- 10:15 1st Public Hearing – Community Development Block Grant / Attorney Rob Van Dyke
Rob Van Dyke gave a presentation for the Children’s Justice Center. 2014.
We need to engage in the fight against child violence. By age 18, 1 in 4 girls and 1 in 6 boys report being sexually abused. Approximately 120 cases prosecuted each year in Utah County with a population of over 500,000 (2012).
Utah is 8th in the country for child abuses, not that we have more abuse per capita but that we are more proactively searching and prosecuting. Kids are being abused all over the country, but we actively protecting children.
90 percent of substance abusers report being abused as a child. We are trying to intervene to protect them and to stop the cycle.
Children’s Justice Center:Will provide a comfortable, child-friendly atmosphere for abused children to receive coordinated services during the investigative process.
We do this with a Multi-Disciplinary Team and collaboration in a Neutral Location and use the tried and tested interviewing model -FIT
Kane County is eligible for the DWFC Small cities Grant money which must be spent on projects benefiting primarily low- and moderate- income persons through CDBG grant process.Kane County can apply for up to $200,000.
Motion made to go into public hearing for the discussion of Community Development Block Grantmade by Matson to discuss CDBG Grant and motion carried with all Commissioners present voting in favor
Commissioner Clayson opened the public hearing for the CDBG program and stated that the purpose of the public hearing is to provide citizens with pertinent information about the Community Development Block Grant program and to allow for discussion of possible applications for the 2018funding cycle. It was explained that the grant money must be spent on projects benefiting primarily low and moderate-income persons. The Five County Association of Governments, in which Kane County is a member, is expecting to receive approximately $657,000in this new program year. All eligible activities that can be accomplished under this program are identified in the CDBG Application Policies and Procedures Manual and interested persons can review it at any time. Commissioner Clayson read several of the eligible activities listed including examples, such as Construction of public works and facilities, e.g., water and sewer lines, fire stations, acquisition of real property, provision of public services such as food banks or homeless shelters. Commissioner Clayson indicated that in the past Kane County has received five for a total of $377,376.00 The County has handed out its capital investment plan as part of the regional “Consolidated Plan”. This list shows which projects the city has identified as being needed in the community. It was asked that anyone with questions, comments or suggestions during the hearing please identify themselves by name, before they speak. The clerk will include your names in the minutes and we would like to specifically respond to your questions and suggestions during the hearing.
Cara Lee: Why does this need a public hearing?
Van Dyke:Because it is a federal grant.
Shannon:It is a great idea; children are our futures.
Sheriff Glover: Cases are difficult and they have a lot of cases. Having one location will be helpful for families.
Carol Sullivan: Saw a lot of kids have problems in school.
Rhonda: It will be a great thing for our community.
Bert said he is married to a teacher andteachers have trouble communicating with children.
Craig:Sees families at Care and Share. You see the kids that need help. What Rob is doing has been a great benefit.
Jeff: If we don’t step in then they will grow up to abuse.
Charlie: Need to help children know they are being abused.
Van Dyke explained how it works and examples of working procedures.
Dirk Clayson: Really appreciate you and your department. This outreach program is a benefit for our community.
Karla: Children need to get help early.
Van Dyke: We meet once a month and go over each case, and make sure all requirements are met. We will follow through until the end.
Motionto go out of public hearing made by Commissioner by Dirk and motion carried with all Commissioners present voting in favor.
- Kane County Ordinance O-2017-18 an Ordinance Amending Title 3 Chapter 1 of the Kane County Business License Provisions / Attorney Rob Van Dyke
We have a Senate Bill, SB81 that has made it illegal to charge a Business License for home business. Vacation Rentals are not Home Based business.
The impacton communities makes a difference.
This Ordinance will be brought back to the table with a few corrections at a later date.
- Minor Daytime Curfew / Attorney Rob Van Dyke
The last couple of years we have been working with JRI which reduced a lot of drug crimes to misdemeanors, took away Judges ability to put people in prison, forced a lot of the inmates in prison to be put in County Jails instead.
This year it has been juvenile JRI which they wanted to take away Judge’s ability to put kids into Juvenile Detention. There is a lot behind this bill but one aspect of it they changed is that school districts no long have the ability to refer truancy to Juvenile Court. So now the school districts have to handle truancy on their own.
If a kid is not in school during school hours or where he should be then he can be cited for breaking the daytime curfew.
So if an officer sees kids that should be in school without a parent or teacher, the officer can pick them up and take them back to school. If the kid refuses,the officer can take them to their parent.
Also if a parent knows their child has been cited before and the child continues to skip school, the parent can be cited. This is just for daytime, not nighttime curfew.
Orderville has passed this and also KanabCity.Wewill be looking to the other Cities in our County as well to pass it.
If this ordinance passes we will have some control.
The reason the County needs to be involvedis because there are children that live out of the city.
Motion to adopt the Minor Daytime Curfewmade by Commissioner Smith and motion carried with a roll call vote.
Commissioner Dirk Clayson Aye
Commissioner Lamont SmithAye
Commissioner Jim Matson Aye
- 11:00 SITLA Update / Lou Brown & Ron Torgerson
Dirk commented on how much they have appreciated working with Lou Brown.
Lou is retiring and Ron Torgerson will be Lou’s replacement.
The Commission gave Lou aRecognition of Service Award.
Dirk said working with SITLA has been easy.
- Public Notice – Commission Meeting Schedule / Karla Johnson
Karla brought forth the new Commission Meeting Schedule for 2018 to be approved.
Motionto approve the Commission Meeting Schedule for 2018 made by Commissioner Matson and themotion carried with all Commissioners present voting in favor.
- Boards and Commissions / Karla Johnson
Karla gave the Commissioners a copy of the Boards and Commissions and they proceeded to discuss them going through each Board. Some needed corrections and will be updated.
- State Auditors Internal Control Questionnaire / Karla Johnson
John Livingston and Kelvin Blomquist were invited to the table.
Karlareviewed of the State Auditors Internal Control Questionnaire draft that would need to be completed. We need to put together a team to go over these questions in our County. Karla suggested John Livingston Budget Officer, Treasurer Kevin Blomquist, herself as Clerk Auditor and Commissioner Matson would make a good team.
The State Auditors will be coming on April 1, 2018,at which time we need to have the questionnaire studied and finished.
Commissioners advised Karla to go ahead and move forward with the team to complete the questionnaire and send input on the questionnaire as well.
- RFP Acceptance for Appeal Authority, for Bruce Jenkins with Jenkins Bagley Law Firm / Shannon McBride
We advertised for a RFP for an Appeal Authority Services andJenkins with Jenkins Bagley Law was the only company to send in a bid. Bruce Jenkins firm has done a good job for us in the past.
Shannon said weneed a motion to accept Bruce Jenkins with Jenkins Bagley Law Firm for our Appeal Authority.
Motionto Accept Bruce Jenkins Proposal as presented made by Commissioner Matsonand themotion carried with all Commissioners present voting in favor.
- MOU for AZ/UT Resource Coalition / Mary Reynolds
Kane County, Mohave County, Kanab City, and Town of Fredonia, are forming a Resource Coalition for the usually referred to Arizona Strip. This is the Memorandum of Understanding which they have agreed upon.
Coconino County is not part of the Coalition yet and Washington County has shown an interest and wants us to keep them updated so they know what is going on. They may join at a later date.
Motionto approve the MOU for AZ/UTResource Coalition made by Commissioner Matsonand themotion carried with all Commissioners present voting in favor.
- Resolution # R-2017-30, Clarification of Name for Hospital / Sherrie Pandya
The hospital had the opportunity to take advantage of a federal program administered through the State for the Medicaid moneys.It’s called the Upper Payment Limit where we can get a higher payment by doing all of this.
While we were doing all the paper work it was found that everything filed with the Internal Revenue, State of Utah, Department of Commerce, Divisions of Corporations, Department of Health and SMS, the name was recorded as Kane County Human Resource Special Service District and the original Resolution forming the Hospital was Kane County Human Resources Special Service District #___, and there was no number. So rather than changing out the other 10 departments, the attorneys thought it would be simpler if the Commission would just have a resolution taking off the “S”on Resources and taking the number off the back end.
Motionto approve the Resolution R-2017-30 allowing the “S and NO___” to be dropped from the Kane County Hospital Human Resources SSD NO.___ made by Commissioner Matson and motion carried with a roll call vote.
Commissioner Dirk Clayson Aye
Commissioner Lamont SmithAye
Commissioner Jim Matson Aye
- Local Mental Health Authority Feasibility Study / Attorney Rob Van Dyke
One of the things we have struggled with, regarding our Mental Health Authority, is that the service we coordinate through Five County AOG is not working well for us.
Commissioner Matson and I have tried to address some concerns and particularly on how we can get better counseling service. Since Jan Judd has been involved things have improved quite a bit. Jan is a local counselor. Also Ashley Heaton is doing a good job but that is kind of a special grant that she works under. Sometimes I feel like we have an under-used facility. Yet we have quite a large demand for services for counseling.
Rob has mentioned a couple of other options that we could have and might consider.