Elected Officials Essentials 2017-18 The 2017-18 ULCT Board of - - PowerPoint PPT Presentation

Elected Officials’ Essentials 2017-18

The 2017-18 ULCT Board of Directors

Herriman Council Member Nicole Martin Grantsville Council Member Jewel Allen Park City Council Member Andy Beerman Heber Council Member Kelleen Potter Green River Mayor Pat Brady Naples Mayor Dean Baker Richfield Council Member Richard Barnett Ex oficio: Treasurer: North Salt Lake Mayor Len Arave UCMA: Scott Bond, Sandy UMCA: Leigh Ann Warnock, Ephraim President: Bountiful Council Member Beth Holbrook 1st Vice Pres.: St. George Mayor Jon Pike 2nd Vice Pres.: Spanish Fork Council Member Mike Mendenhall

• Immed. Past Pres.: Kaysville Mayor Steve Hiatt

North Logan Council Member Damon Cann Perry Mayor Karen Cronin Ogden Mayor Mike Caldwell North Ogden Mayor Brent Taylor Layton Mayor Bob Stevenson

We are a better League today than ever before

“A Review of Best Practices for Internal Control of Limited Purpose Entities” June 2017, Legislative Auditor General

• Transparency compliance (Open and

Public Meetings Act, Utah Public Finance website, etc.)

• Internal Controls
• Division of Responsibilities
• Board of Directors
• Internal Controls
• Credit Card
• Reimbursement

ULCT staff and consultants

• Cameron Diehl, Executive Director
• David Church, General Counsel
• Roger Tew, Senior Policy Advisor
• Susan Wood, Director of

Communication and Training

• Nick Jarvis, Chief Operating Officer
• Meg Ryan, Land Use Academy of Utah
• TBD, Director of Government Relations
• Brandon Smith, Legislative Research

Analyst

• Karson Eilers, Legislative Research

Analyst

• Abby Bolic, Operations Manager
• John Oliver, Video Production
• John Hiskey, Policy Advisor
• Kerri Nakamura, Financial Advisor
• Dave Sanderson, Chief Financial

Officer

ULCT exists to serve you

• Local government = rubber meets the road
• Quality of life and Making Life Better
• Powers and Duties
• Bookmark
• Legislative advocacy, resources, training
• Engage in the Legislative Policy Committee, National League of Cities, ULCT

subgroups, and at conferences

• Upcoming events:
• Local Officials Day at the Capitol, Jan. 24; Midyear Conference in St. George Apr. 25-27
• We facilitate the exchange of ideas and growth of relationships
• Why did you run for office?

ULCT, the Utah State Legislature, and you

League Army: the value of establishing connections Key legislative issues that will impact Utah’s cities and towns Preparing for Growth (Unified Transportation Plan)

ULCT Mantra as your advocates

• Government closest to the people governs best
• Promote and preserve local authority
• Informed membership
• Friday Facts/daily email
• Conferences/trainings
• Problem solvers/partners throughout the year
• Congress, Utah State Legislature, Governor’s office, agencies, counties, districts

The power of ULCT: #leaguearmy

www.ulct.org (legislative advocacy)

Bill tracking

Legislative Policy Committee

Body that gives ULCT staff legislative direction Note: policy subcommittees to come

• 235 voting members
• Average attendance: 130+
• 107 cities and towns
• Every city/town entitled to 3 voting members
• ULCT-USU partnership for webcasts
• 202 people, 53 cities & towns
• Hatch to Vernal and Nibley to Ephraim
• Mondays at noon during the legislative session
• CHECK THE ROSTER on www.ulct.org

Team ULCT: staff and “extended family”

• Thanks to the cities who contribute managers,

recorders, police chiefs, attorneys, & experts during the session and year to ULCT

• Thanks to the elected officials and city leaders

for “loaning” those experts to all of us

• Clerks Assoc., streaming; Chiefs of Police Assoc.,

body cameras; City Managers Assoc. on HB 164

• In recent years, many experienced & active city

managers, attorneys, & clerks have retired

• We need your involvement and expertise!

In 45 (ahem, 46) days, here’s what happened last year

1,272 bill requests: RECORD 815 bills considered & 535 bills passed (66%) ULCT tracked 283/815 (35% of all bills; ULCT record)

• Of those 283, 187 passed (66%)
• Red bills: 16
• Orange bills: 32
• Yellow bills: 79
• Gray bills: 156

Support good bills, improve “fixable” bills, stop bad bills

• Meet w/sponsors, amendments, testimony in

committee, research, fiscal notes)

Where we are: tension from yesterday to tomorrow Federal State Local

What are these pressure points? Why are they increasing? Federalism conflicts, dating to pre-1787 Federal-local conflicts continue to grow (group homes, water)

What are the cannon balls coming at us?

Structural: cities are political subdivisions of the state

1) One bad city = “need” for state law 2) State policy trumps local practice 3) State priority: investment of state $ and resources

Other pressure points:

1) Local gov’t infringes on fundamental rights (i.e. property) 2) What is the “proper role of government?” (libertarian) 3) Desire for uniformity & efficiency in local government 4) Perceived lack of justification for local gov’t fees and regs 5) Disruptive innovation v. bureaucracy 6) Turnover of elected officials 7) Influence of special interest groups

Others are fighting cities … are we fighting back?

State priority: prison relocation, Point of the Mountain, Northwest Quadrant; “State City?”

ULCT: local authority is enshrined in law

• State Constitution, Art. XI Sec 5:
• Levy, assess, & collect taxes/assessments; borrow money
• Furnish all local public services
• Make local public improvement

Utah Code 10-8-84: “city may pass all ordinances

necessary and proper to …”

• provide for safety and health
• promote prosperity
• improve the morals, peace, and good order, and comfort
• f the city and its inhabitants
• protect property in the city
• UT Sup. Court: “general welfare power = independent

(city) authority to pass ordinances”

• Information, research, #leaguearmy

ULCT’s strength is our membership

• Invite legislators to council mtgs,

breakfasts, police ride-alongs, tours

• Include legislators on city messages
• Contact legislators about city/ULCT

priorities, needs, and achievements

• HB 362, 2015 = #leaguearmy

generated hundreds of contacts

• Being a mayor or a council member

brings prestige: USE IT

• Build relationships of trust

Specific issues: Joint Policy Guide

• Municipal revenue
• Taxes (property, sales), fees
• Land use planning (pop. growth)
• Housing (all types)
• Economic development
• Regulations/fees/inspections
• Transportation (pop. growth)
• State infrastructure
• Local roads
• Transit/active
• Public safety
• Homelessness
• Justice Reinvestment Initiative
• Water
• Legal rights
• Infrastructure (pop. growth)
• Utilities
• Small cell telecommunications
• Electricity
• Waste
• Transparency
• Meetings, information, etc.
• Legal
• Liability
• Justice courts/indigent defense

Utah municipal revenue today; what about tomorrow?

Sales Tax Property Telecom and other taxes Intergov't Fees Class C Rev Licensing Courts

Tax reform: everything is on the table

• “Broaden the base and lower the

rate… except when we narrow the base and raise the rate”

• Local option 1% sales tax
• Manufacturing inputs
• Sales tax on food
• Truth in taxation in property tax
• Inflation? Mandatory ad?
• Motor fuel tax/road user charge

What does that mean annually?

• Approx. 60,000 new

residents in Utah

• Equivalent to the city of

Taylorsville

Keep track of Operation Rio Grande related data

Transportation Task Force

Transportation Task Force recommendations to date

LAND USE/ECONOMIC DEVELOPMENT

• Modernize UDOT prioritization

criteria

• ULCT supports this incentive
• Corridor/area plans around state

infrastructure

• ULCT supports integrated plans
• ULCT concern
• Who determines the corridor? Scope?
• How do cities participate?
• Oppose penalties/”disincentives” if city

plan is different

• More to come

UTA GOVERNANCE

• Governing board changes
• ULCT concern about local authority,

local dollars, and state oversight

• Access to Transportation

Investment Fund (state)

FUNDING FOR TOMORROW

• Road User Charge (RUC)
• Transportation utility fees

ULCT longstanding positions

• 2007-01 Land Use Resolution
• “ULCT strongly opposes any legislation attempting to take away or limit the authority
• f local elected officials to make land use decisions within their jurisdictions”
• 2011-001 Resolution on local government tax structure
• “any change to municipal funding should include the comprehensive input of cities …

changes to the distribution formula creates ‘winners’ and ‘losers’ and should be evaluated carefully

• 2012-004 Sales Tax and Economic Development
• “formulate a strategy to create long-term sustainability in local gov’t financial tools”
• 2016-3 Local Property Tax
• “municipalities need to be able to obtain some growth in property tax … to avoid the

undesirable effects of excessive dependence upon sales tax revenues”

Resolution 2017-001A:

(C) Now, therefore, we the members of the Utah League of Cities and Towns, resolve that:

• 1. Cities and towns within the State of Utah commit that they are willing and ready to

collaborate and partner with the State, the business community, and other stakeholders to pursue a broad range of future economic development opportunities, including those in proximity to State transportation infrastructure.

• 2. Cities and towns cannot support development proposals, task forces, commissions,

districts, development authorities or other legislation that would deprive local municipalities of their traditional local land use authority on private property, or deprive them of control of tax increment generated within their jurisdiction without their consent.

HB 115 (2017): solid waste fees

• The League and coalition submitted a “fair and equitable fee” proposal in July
• DEQ rejected the coalition’s proposal in favor of identical fee rate for everyone
• ULCT: DEQ fees should be aligned with the cost of regulation
• Despite GRAMA requests, DEQ failed to provide any sort of cost accounting measures
• A few landfills are inspected frequently; most receive little or no oversight
• The regulatory burden for a commercial landfill which imports waste considered

hazardous in other states is not the same as small homogenous waste landfills

• Municipalities with transfer stations are paying more ($0.33/ton) than commercial

landfills with industrial waste from other states

DEQ Proposal

• Whichever is greater:
• $500 minimum
• Or
• All Landfills: $0.22/ton
• Transfer Station: $0.11/ton

Generates: $1.5 million

Coalition Proposal

• Whichever is greater:
• $1,500 minimum
• Or
• Class I - $0.12 /ton
• Class II - $0.12 /ton
• Class IIIb & CCR - $0.12 / ton
• Class IV - $0.48 /ton
• Class V - $0.50 /ton
• Class VI - $0.38 /ton
• Compost/Recycling - $0.12/ton
• Transfer Stations - $0.06/ton

Generates: $1.7 million

HB 115 (2017): solid waste fees

ULCT legislative resources

• Pre-session: Joint Policy Guide
• LPC, December 11
• LPC, January 8
• During session: Local Officials Day, Jan. 24

and LPC on most Mondays

• LPC, January 29
• LPC, February 5
• LPC, February 12
• LPC, February 26
• LPC, March 5
• Daily email
• Post-session: Legislative Wrap Up, Midyear

Conference in St. George April 25-27

Why is it important to update your land use code?

• Courts shall defer to local legislative

authority to enact land use regulations

• Courts shall enforce “plain meaning” of

legislative land use regulations

• If you have vague language in your

code, then “tie goes to the runner” (applicant)

• Courts shall review local decisions that

administer local land use laws to determine if they were “correct”

• Supremacy clause: if city code conflicts

with state law, then state law governs

• One “bad” city can become a bad bill

Contact your ULCT legislative team

• Cameron Diehl, cdiehl@ulct.org
• Roger Tew, rtew@ulct.org
• John Hiskey, jhiskey@ulct.org
• Brandon Smith, bsmith@ulct.org
• Karson Eilers, keilers@ulct.org
• Director of Government Relations, tbd@ulct.org
• Sign up for Friday Facts!
• Join the LPC!
• More policy subcommittees to come (Constitutional Review Committee)
• Engage in the League Army!

Funded by the Utah State Legislature: launched in 2016 Over 46 videos on land use rules and procedures in Utah – More Coming! Publication on Land use and reference guides Training notices of land use seminars throughout the state

luau.utah.gov

Partners:

• Utah Association of Realtors
• Utah Chapter of American Planning Association
• Property Rights Coalition
• Office of the Property Rights Ombudsman
• Utah State University
• Utah Local Government’s Trust
• Utah Association of Counties

Land Use Academy of Utah: Meg Ryan

• https://luau.utah.gov/welcome-to-luau/
• https://luau.utah.gov/2017/03/13/what-hat-do-you-wear-how-to-

make-informed-decisions-on-land-use-issues/