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01/27/2011 - Minutes RECEIVED MAR 2 12011 Salt Lake City Public Utilities Advisory Committee CITY RECORDER Minutes January 27, 2011 The Public Utilities Advisory Committee meeting was held at 7:00 a.m. January 27, 2011 at 1530 South West Temple, Salt Lake City, Utah. Committee members present were Jan Striefel, Dick Gaddis, Michael Polacek, Allen Orr, and Dwight Butler. Committee member Dixie Huefner and Larry Myers was absent. Salt Lake City Public Utilities employees present were Jeff Niermeyer, Tom Ward, Jim Lewis, Bob Sperling, Florence Reynolds, Chuck Call and Zee Smith. Also in attendance were Holly Hilton, SLC Mayor's Office; Rusty Vetter, SLC Attorney's Office; Lehua Weaver, SLC Council Office; Alan Taylor, J-U-B Engineers; Keith Larson, Bowen Collins & Associates; Jim Olson, HDR; John Richardson, Carollo Engineers; Karen Nichols, HDR; Mike Wilson, MWDSLS and Craig Peterson. Approve Minutes of December 2,2010 Meeting Committee member Jan Striefel moved and Committee member Dwight Butler, seconded the motion to approve the minutes of the December 2, 2010 meeting as amended. All members present voted aye. Elect Chairman and Vice-Chairman for 2011 Committee member Jan Striefel nominated Committee member Dick Gaddis for Chairman and Committee member Dwight Butler seconded the motion. It should be noted that Committee Allen Orr nominated Larry Myers (not present) to be chairman and there was no second. Committee member Allen Orr suggested that we should have a different Chairman each year. Committee member Michael Polacek made a motion to postpone electing the Chairman and Vice-chairman until next month. Committee member Allen Orr seconded the motion, with the majority voting aye. Financial Report—Jim Lewis Mr. Jim Lewis briefed the Committee on the financial report for the period ending December 31, 2010. Mr. Lewis stated that all three funds are currently doing very well and are in a good financial position at this time. Water sales are currently 3 percent ahead of last year thanks to the extended fall season helping the situation. Mr. Lewis presented a slide showing water delivered by month for the past eight years. The chart showed the increase in September and October deliveries and a small drop in August. He stated that the summer season is now over and we do not expect any major changes in water deliveries until May of this year. He also presented theal a water conservation chart for the year ended 2010. He pointed out that the water deliveries were below last year and the conservation goal which was set based on the 2000 calendar year. The next slide presented showed a comparison of revenue for all three funds versus budget. He stated that all three fund revenues are higher than last year's due to rate increases in all the funds on July 1, 2010. The Water Utility is currently $4.3 million higher than last year with the Sewer Utility $288,000 higher and Storm at $1.2 million higher than last year. The next slide presented was a comparison of operating costs last year with the expected budget amounts. Mr. Lewis stated that operating cost for the Water Utility is above last year by $1.1 million, which relates to the purchase of more water and higher prices from the Metropolitan Water District. The Sewer is above last year by $ 255,000 and the Storm Water below last year by $438,000 as the riparian project comes to a close. The Department has been doing a very good job of controlling expenditures over the last couple of years. The last slide presented listed the capital improvements for each of the funds compared to budget. The Water Utility has expended over $4.9 million in capital improvements with $4.5 million encumbered at the end of December. The Sewer Utility has expended $5.1 million with $13 million encumbered. The Storm Water Utility has expended $762,000 with $6.2 million encumbered. Select Finance Sub-Committee and Set Meeting Date—Jim Lewis Mr. Jim Lewis requested that 3 committee member volunteers for the finance sub-committee to review the budget. Jan Strifel, Dick Gaddis and Dwight Butler volunteered. Committee member Allen On volunteered to be an alternate. The meeting will be held on Feb 2, 2011 at 11:30. Annual Open Meeting Training—Rusty Vetter Utah Open and Public Meetings Act Requirements for the Public Utilities Advisory Committee Statutory Obligation to Train The "presiding officer of the public body shall ensure that all members of the public body are provided with annual training on the requirements" of the Open and Public Meetings Act (the "Act"). (Utah Code, Section 52-4-104) A. Basic Principle (Section 52-4-201(1))A"meeting" of a public body must be open to the public, unless an exception is available under the Act allowing the meeting to be closed. B. Definitions (Section 52-4-103) 1. "Public Body"The PUAC (the "Committee") is a public body for purposes of the Act. 2. "Meeting" A meeting is the convening of at least a quorum of a public body for the purpose of(a) discussing, (b) receiving comments from the public about, or (c) acting upon a matter over which the body has jurisdiction or advisory power. Chance and social "meetings" are not subject to the open meeting law. However, they may not be used to circumvent the Act. (Section 52-4-208) (V Electronic meetings may be held subject to the Act and as described below. 3. "Convening" °" The calling of a meeting of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction or advisory power. C. Notice of Meetings (Section 52-4-202 The Committee must give not less than 24 hours public notice of each meeting. The notice must include the: 1. agenda; 2. date; 3. time; and 4. place. The notice must be: 1. posted (a) at the principal office of the PUAC and (b) on the Utah Public Notice Website created under Section 63F-1-701, Utah Code; and 2. provided either to a newspaper of general circulation in Salt Lake City or (b) to a local media correspondent. In addition, the PUAC must give annual notice of its annual meeting schedule, specifying the date, time, and place of its scheduled meetings. The PUAC is encouraged to develop and use additional electronic means of providing notice of its meetings. The notice requirement does not apply to emergency meetings, as long as the PUAC gives the best notice practicable of the time and place of the emergency meeting and the topics to be considered at the emergency meeting. However, an emergency meeting may not be held unless the PUAC attempts to notify all members and a majority of the PUAC members approve holding the meeting. D. Agendas (Section 52-4-202) 1. Degree of Specificity A meeting notice that is required to include an agenda must provide reasonable specificity to notify the public of the topics to be considered at the meeting. Each topic must be listed under an agenda item on the agenda. (Section 52-4-202(6)(a)) 2. Consideration of Matters Not On the Agenda Generally, the Committee may not take final action on a topic in an open meeting unless the topic is (a) listed under an agenda item and (b) included in the advance public notice. Except with respect to emergency meeting, and at the discretion of the presiding member of the PUAC, a topic raised by the public may be discussed during an open meeting, even if the topic raised by the public was not included in the agenda or advance public notice for the meeting, but final action on the topic may not be taken by the PUAC at that time. (Section 54-2-202(6)(b)) E. Open Meetings (Section 52-4-201) 1. A meeting is open to the public unless closed pursuant to the Act. Closed meetings are discussed in the next section. 2. (a)An open meeting includes a workshop or an executive session in which a quorum is present, unless closed in accordance with the Act. (b)A workshop or an executive session in which a quorum is present that is held on the same day as a regularly scheduled public meeting may only be held at the location where the PUAC is holding the regularly scheduled public meeting unless: Cr) (i) the workshop or executive session is held at the location where the PUAC usually holdsct a, its regularly scheduled public meetings but, for that day, the regularly scheduled public meeting is being held at different location; (ii) any of the meetings held on the same day is a site visit or a traveling tour and proper public notice is given; (iii) the workshop or executive session is a properly conducted electronic meeting; or (iv) it is not practicable to conduct the workshop or executive session at the regular location of the PUAC's open meetings due to an emergency or extraordinary circumstances. F. Closed Meetings (Sections 52-4-204, 205) The Committee may close meetings for certain purposes if they follow the procedure set forth in the Act. 1. Purposes of Closed Meetings (Section 52-4-205) a. Discussion of the character, professional competence, or physical or mental health of an individual; b. Strategy sessions to discuss collective bargaining; c. Strategy sessions to discuss pending or reasonably imminent litigation; d. Strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of water right or water shares, if public discussion of the transaction would: (i) disclose the appraisal or estimated value of the property under consideration; or (ii) prevent the City from completing the transaction on the best possible terms; e. Strategy sessions to discuss the sale of real property if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated value of the property under consideration; or (B) prevent the City from completing the transaction on the best possible terms; (ii) the City previously gave public notice that the property would be offered for sale; and (iii) the terms of the sale are publicly disclosed before the Committee approves the sale; f. Discussion regarding deployment of security personnel, devices, or systems; and g. Investigative proceedings regarding allegations of criminal misconduct. 2. Procedure for Closing Meetings (Section 52-4-204) a. A quorum must be present. b. Two-thirds of the PUAC members present must vote to approve closing the meeting. c. The meeting may be closed only to discuss a matter listed in § 52-4-205. d. The following information must be publicly announced and entered on the minutes: (i) the reason or reasons for closing the meeting (ii) the location of the closed meeting (iii) the vote, by name, of each PUAC member, either for or against the motion to close the meeting. G. Record of Meetings (Sections 52-4-203, 206) 1. Open Meetings (Section 52-4-203) In a change from the past, both written minutes and a recording (i.e., an audio or an audio and video record) must be kept of all open meetings. However, either written minutes or a recording is adequate if the meeting is a site visit or a traveling tour, if no vote or action is taken. Therefore, unless the PUAC is keeping both written d' minutes and a recording during a site visit or traveling tour, it should not take a vote or officialct a action during that site visit or traveling tour. The recording and minutes must include:(a)the date,time,and place of the meeting;(b)the names of the PUAC present and absent;(c)the substance of all matters proposed,discussed,or decided by the PUAC which may include a summary of comments made by members;(d)a record,by individual PUAC members,of each vote taken by the PUAC;(e)the name of each person who is not a member of the PUAC and who,upon recognition by the presiding member of the PUAC,provided testimony or comments to the PUAC;(f)the substance,in brief,of the testimony or comments provided by the public under(e);and(g)any other information that any PUAC member requests be entered in the minutes or recording. The recording must be a complete and unedited record of all open portions of the entire meeting and be properly labeled or identified with the date,time,and place of the meeting. The written minutes(not the recording)arc the official record of action taken at the meeting. The PUAC must establish and implement procedures for the approval of the written minutes of each meeting.The written minutes or the recording that are required to be retained permanently must be maintained in or converted to a format that meets long-term records storage requirements. According to the municipal retention schedule,the written minutes must be retained permanently,and the recording must be retained for at least one year. Under GRAMA,written minutes that have been prepared but not yet approved by the Committee are public records but should be marked as"unapproved"or"awaiting approval"or something similar. Written minutes should be available to the public within a reasonable time following the meeting. The recording must be available for listening within three business days after the meeting. 2. Closed Meetings (Section 52-4-206) Except when a meeting is closed to discuss(a)the character,professional competence,or physical or mental health of an individual or(b)the deployment of security personnel,devices, or systems,the PUAC must kept a recording of the closed meeting and may keep detailed written minutes that disclose the content of the closed meeting. The recording and any minutes must include:(a)the date,time,and place of the meeting;(b)the names of the PUAC members present and absent;and(c)the names of all others present unless disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting. The recording and the written minutes are protected records under GRAMA. No recording or written minutes are required for a closed meeting to discuss(a)the character, professional competence,or physical or mental health of an individual or(b)the deployment of security personnel,devices,or systems.The person presiding at such a meeting must sign a sworn statement affirming that the sole purpose for closing the meeting was to discuss those Lfl matters. an 5 0. H. Electronic Meetings (Section 52-4-207) The PUAC may not hold an electronic meeting unless it has adopted a resolution, rule, or ordinance governing the use of electronic meetings. The resolution, rule, or ordinance may: a. Prohibit or limit electronic meetings based on budget, public policy, or logistical considerations; b. Require a quorum of the PUAC to (i) be present at a single anchor location for the meeting; and (ii)vote to approve establishment of an electronic meeting in order to include other PUAC members through an electronic connection; c. Require a request for an electronic meeting to be made by a PUAC member up to three days before the meeting to allow for arrangements to be made for the electronic meeting; d. Restrict the number of separate connections for PUAC members that are allowed for an electronic meeting based on available equipment capability; or e. Establish other procedures, limitations, or conditions governing electronic meetings not in conflict with 52-4-207 City Code 2.06.030E provides that, generally, the PUAC may hold an electronic meeting only if a majority of a quorum of the PUAC is physically present at the physical location from which the PUAC members are connected to the electronic meeting. 2. Notice The PUAC must: a. Give public notice of the meeting in the usual way; and b. Post written notice at the anchor location; c. In addition to giving such public notice, provide: (i) Notice of the electronic meeting to the PUAC at least 24 hours before the meeting so that they may participate in and be counted as present for all purposes, including the determination that a quorum is present; and (ii) A description of how the PUAC members will be connected to the electronic meeting. 3.Anchor Locations The PUAC must establish one or more anchor locations for the meeting, at least one of which is in the Public Utilities Building. The PUAC must provide space and facilities at the anchor locations so the interested persons and the public may attend and monitor the open portions of the meeting. I. Disruption of Meetings (Section 52-4-301) The Act does not prohibit the removal of any person from a meeting if the person willfully disrupts the meeting to the extent that orderly conduct is seriously compromised. J. Consequences of Violating the Act (Sections 52-4-302 to 52-4-305) Any final action taken in violation of the Act is voidable by a court, if a lawsuit is commenced within 90 days (or 30 days in the issuance of bonds, notes, or other evidence of indebtedness). A court may not void final action for failure to post notice on the Utah Public Notice Website if the failure was the result of unforeseen Internet hosting or communication technology failure and the PUAC otherwise complied with the public notice requirements. The Attorney General and County Attorneys shall enforce the Act. At least annually, the tao a.. Attorney General's Office must give notice to the PUAC of any material changes to the requirements for the conduct of meetings. A person denied a right under the Act may sue to compel compliance with or to enjoin violation of the Act,or to determine the Act's applicability to discussions or decisions of the PUAC. A PUAC member who knowingly and intentionally violates or who knowingly or intentionally abets or advises a violation of the closed meeting provisions of the Act is guilty of a class B misdemeanor. K.2010 Changes The purposes for which closed meetings can be held now include water rights or water shares as a kind of real property.Several changes were made to the closed meeting provisions that apply only to the State Legislature. Legislative Update—Craig Peterson HB 39-Water Rights Amendments,by Rep.J.Draxler. This is a bill recommended by the Water Coalition and the Executive Task Force that amends UCA 73-3-18 by changing a reference from UCA 73-3-17 to UCA 3-12. It is a cleanup bill following I1B 51 which is endorsed by both the Coalition and the Executive Task Force. SB 10-Local District Amendments,by Sen.Dennis Stowell. This is related to SB 20 sponsored by Senator Stowell last session to provide the residents of the Beryl/Enterprise Valley with a local district alternative to work on the difficult issue of reconciling production of water to the safe yield of the aquifer. The revenue source for the local district is being modified so that the water rights in the area will be assessed rather than property for the payment of the required revenue. SB 20-Management of Water Rights Amendments,by Sen.Dennis Stowell. This is a second bill for the benefit of the Beryl/Enterprise Valley that would allow the Local District created via SB 20 from a year ago.to apply to the State Engineer for a ground water recharge permit that would enable to a Local District to utilize flood run off to recharge the underground aquifer. SB 25-Share Certificates in Water Companies,by Sen.R.Okerland. This is the bill that the Water Coalition worked on for two years which now creates a process to replace lost certificates in a water company. The current status of the law is complicated by a mix of water,securities and nonprofit code sections that really don't talk to each other. The bill tries to strike a balance between the requirements of the company to protect its interests and the replacement of lost shares. Company by-laws will still control how lost shares are handled. SB 26-Water Law Modifications,by Sen.M.Dayton. This bill was recommended by the State Engineer and it removes the mandatory requirement to record a water right when it is certified by the State Engineer. SB 102-Temporary Water Shortage Emergency—Military Facilities,by Sen.R.Okerland. This bill did not have interim review,but it amends the bill that the Water Community developed and the Legislature approved last year to update our code for temporary water shortage emergencies. This bill simple amends the existing law to also include Military Facilities when faced with Temporary Water Shortage Emergencies. SB 108-Joint Use of Water Infrastructure,by Sen.Dennis Stowell. There is a current provision in the code that provides for the joint use of water infrastructure(ditches and canals) l- by parties other than the owner. Sen.Stowell has added to the existing criteria for joint use a c'n a requirement to reduce the terms of joint use into a contract and he adds an additional requirement that the parties must negotiate for the proposed joint use in good faith. Other bills being watched - we are watching a bill from Rep. Mclff on stream alteration and possible shareholder rights legislation from Rep. Painter and Sen. Stowell. Update on Chromium 6 and Fluoride- Florence Reynolds The Environmental Working Group (EWG), a watchdog organization, recently published a study they completed which implemented the California model for a Chromium 6 (hexavalent chromium) regulatory level in drinking water. The study cited Salt Lake as a source of one of the samples they took which exceeded the proposed California limit. The issue is that there is no EPA standard for this element, a scientific study of the appropriate health limit has not been completed, and there is no standard testing method established. Salt Lake City Public Utilities does test annually for total chromium, which includes chromium 3 and 6. The Department has not detected any total chromium in our system at the 5 ppb detection level, which is significantly lower than the EPA regulatory level of 100 ppb. The water intakes are above any wastewater discharges so the normal industrial waste water sources of hexavalent chromium should not be a concern. Since hexavalent chromium has not been independently regulated by EPA in drinking water, an analytical method for a determination to the parts per trillion levels, which California is proposing as a limit, has not been approved. It's not a standard protocol, so the testing method hasn't been verified by the EPA as consistent and reproducible. Until an EPA limit is established, and health levels set, it would be difficult to determine what any data collected now would mean. Public Utilities is concerned about the quality and safety of our water, we meet all regulatory requirements, and our waters are considered pristine as they are primarily snow melt from protected watersheds. We do believe that this chromium issue needs to be examined using the best science available, with standard protocols for monitoring established by EPA, and appropriate end points need to be adopted with treatment techniques identified. Any results obtained at this time are not meaningful without a hexavalent chromium level being established by EPA that is known to protect human health. A regulatory level that provides safety for our customers needs to be established, The Department is aware of the concerns and monitoring the regulatory community and its response for direction n this topic. Adjourn Committee member Allen On moved to adjourn the meeting. Committee member Jan Striefel seconded the motion, with all members present voting aye. Meeting adjourned at 9:25. 00 ct