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04/26/2012 - Minutes irlia -6 RECEIVED Salt Lake City JUL 1 2 2012 Public Utilities Advisory Committee Minutes CITY RECORDER April 26,2012 The Public Utilities Advisory Committee meeting was held at 7:00 a.m. April 26, 2012 at 1530 South West Temple, Salt Lake City, Utah. Committee members present were Jan Striefel, Dick Gaddis, Dwight Butler and Larry Myers. Committee members Dixie Huefner and Allen Orr were absent. Salt Lake City Public Utilities employees present were Jeff Niermeyer, Tom Ward, Jim Lewis, Florence Reynolds, Chuck Call, Bob Sperling and Zee Smith. Also in attendance were Lehua Weaver, SLC Council Office; Rusty Vetter, SLC Attorney's Office; Mike Wilson, MWDSLS; Mike Collins and Keith Larson, Bowen Collins & Associates; Holly Hilton, SLC Mayor's office and Jim Olson, HDR and Mike Haik. Approve Minutes of March 22, 2012 Meeting Committee member Dick Gaddis moved and committee member Dwight Butler, seconded the motion to approve the minutes of the March 22, 2012, meeting as amended. All members present voting aye. Financial Report—Jim Lewis Mr. Jim Lewis briefed the Committee on the financial report for the period ending March 31, 2012. Mr. Lewis stated that all three funds are currently doing very well and are in good financial positions at this time, even with the wetter summer. He stated that the Department had budgeted for a poor spring, but did not count on the wetter summer. Currently water deliveries are below last year by six percent and water revenues are below last year by $3.7 million as we continue to have lower water sales during the winter period. He also presented the water conservation chart showing lower water usage for the past three months. The next slide presented was a comparison of revenue for all three funds versus budget. Mr. Lewis stated that two of the funds, Sewer and Storm Water, are higher than last year with Water below last year due to weather conditions. The Water Utility is currently $3.7 million below last year, Sewer $455,000 higher, and Storm Water at $384,000 higher than last year. The next slide presented was a comparison of operating costs, comparing last year with the current budget amounts. Mr. Lewis stated that operating costs for the Water Utility are even with last year. The Sewer is above last year by $358,000 and the Storm Water is just slightly below last year by $21,899. The Department has been doing a very good job of controlling expenditures r—I a) over the last couple of years. a The last slide presented listed the capital improvements for each of the funds as compared to budget. The Water Utility has expended $7.5 million in capital improvements with $6.7 million encumbered at the end of March. The Sewer Utility has expended $15.2 million with $13.1 million encumbered. The Storm Water Utility has expended $3.7 million with $7.2 million encumbered. Total for all three funds equal $26.4 million expended and $27 million encumbered as of the end of March 2012. Budget Update—Jim Lewis The budget was presented to the Mayor on March 29th and to the City Council on April 24th of this year. The Mayor supported the proposed water and sewer rate increases and requested that the Stormwater Utility pick up some additional costs related to the street sweeping program in the amount of$200,000. The Stormwater Utility budget was adjusted prior to being submitted to the City Council for this additional charge. This additional increase will require a stormwater rate increase of 4% in 2014—2015 budgets to finance this additional expenditure and to maintain cash reserves. The proposed Street Lighting Enterprise Fund was first included in the utilities budget and then before presentation to the City Council was removed and include as part of the General Fund Budget proposal. The Street Lighting Enterprise Fund is proposed to be approved and implemented prior to January 1, 2013. Sewer and Water Lateral Warranty Program Mr. Niermeyer informed the committee that the next step of the sewer and water lateral warranty program is to do an RFP. The department needs to come up with some criteria that we would want in the RFP so that the various programs can be evaluated. The Local Program which is called the Line Protection Program had originally signed up Ogden City to participate in the program. But Ogden City is still evaluating this opt out program and the fact that the billing for the program would be on their utility bill. Also Ogden City is looking at a rate increase. There also was a concern for using public asset billing. Especially if they raise rates and have the opt out program on the bill. The Local Program would be billed as part of our utility bill. The calls would go into a call center and the program would hire a contractor that would evaluate the issues. There are some other programs available. The advantage of an opt in program is that you have a much larger pool, because you have many cities across the west in the same program. The way these programs work is the municipality writes a letter and endorses this program. Then the customer has the choice to opt in to these programs. Whereas with the opt out program many customers won't pay attention to their bills and won't realize that they have to opt out to get out of the program. The issues with a Warranty Program are • The City would be increasing charges on the water bill to fund a private, for profit program N cu • The City would have little or no control of costs, quality, and consumer protection. a • The additional charges on the bill would compete for other needed increases for infrastructure. • The City could incur additional costs and liability if the definition of private/public ownership is changed. • The level of service provided by a third party could affect our current high customer service rating. The department will be working on a RFP and will bring this issue back to the Committee. 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 "Board") 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) 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 Committee 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 Committee must give annual notice of its annual meeting schedule, specifying the date, time, and place of its scheduled meetings. The Committee is encouraged to develop and use additional electronic means of providing notice of its meetings. M The notice requirement does not apply to emergency meetings, as long as the Committee gives the best notice practicable of the time and place of the emergency meeting and the topics to be a. considered at the emergency meeting. However, an emergency meeting may not be held unless the Committee attempts to notify all members and a majority of the Committee 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 Board, 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 Committee 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. 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 Committee is holding the regularly scheduled public meeting unless: (i)the workshop or executive session is held at the location where the Committee usually holds 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 Board's open meetings due to an emergency or extraordinary circumstances. F. Closed Meetings (Sections 52-4-204, 205 (Practice point—please note distinction between"executive session" and "closed session". The Act uses the term "executive session"to refer to a type of open meeting. 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; d"' e. Strategy sessions to discuss the sale of real property if: tac crs a. (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 Committee previously gave public notice that the property would be offered for sale; (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 Committee 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) 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. The recording and minutes must include: (a)the date, time, and place of the meeting; (b) the names of the Committee members present and absent; (c)the substance of all matters proposed, discussed, or decided by the Committee which may include a summary of comments made by members; (d) a record, by individual Committee members, of each vote taken by the Board; (e) the name of each person who is not a member of the Committee and who, upon recognition by the presiding member of the Committee, provided testimony or comments to the Board; (f) the substance, in brief, of the testimony or comments provided by the public under(e); and (g) any other information that any Committee 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) are the official record of action taken at the meeting. The Committee 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. Lf') Under GRAMA, written minutes that have been prepared but not yet approved by the Committee ca a. 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 Committee 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 Committee 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 matters. H. Electronic Meetings (Section 52-4-207) The Committee 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 Committee 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 Committee members through an electronic connection; c. Require a request for an electronic meeting to be made by a Committee 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 Committee 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 2. Notice The Committee 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 Committee 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 `O (ii) A description of how the Committee members will be connected to the electronic meeting. 3.Anchor Locations The Committee must establish one or more anchor locations for the meeting, at least one of which is in the Public Utilities Building. The Committee 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. The suit must be 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 Committee otherwise complied with the public notice requirements. The Attorney General and County Attorneys shall enforce the Act. At least annually, the Attorney General's Office must give notice to the Committee 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 Board. A Committee 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. Recent Changes Nothing in the Open Meeting law restricts a member of a public body from transmitting an electronic message (defined as electronic mail, instant messaging, electronic chat, text messaging, or any other electronic communication method) to other members f the public body at any time when the public body is not convened in an open session. (2011 HB 54) Property Disposition 4233 S. Highland Drive In 2011/2012 Salt Lake City enclosed the Jordan and Salt Lake City Canal in a box culvert from approximately 4245 South Highland Drive to 4227 South Highland Drive. A new purchaser for the property located at 4233 South Highland Drive has approached the city for the purchase of approximately 958 square feet. The previous owner had built encroachments into the City's parcel with a portion of the building and a small parking area. The current owner would like to purchase the area encumbered by the encroachments and to square the property line. The transaction would clear the title for an additional overlap into the City's property in addition to what is being purposed for purchase. The sale of this property will leave adequate area for a maintenance road and maintenance of the l� canal through this area. It is Public Utilities recommendation to sell this portion of the property a. at fair market value and to require a boundary agreement/deed be signed by the purchaser to clear the record of ownership. Committee member Dick Gaddis made a motion to recommend the property at 4233 S. Highland Drive be declared surplus property and sold at fair market value. Committee member Jan Striefel seconded the motion, with all members present voting aye. 3075 S. Rainer Ave A property owner that lives adjacent to the property at 3077 South Rainer Avenue has been in contact with the Department of Public Utilities since 2008. The customer has wanted to clean up the property and use it as part of his yard. During the review process for the use permit, it was determined that the Department is not using the property and the property will not be used in the future. This property was brought into the Public Utilities portfolio when the department purchased the County Water Systems, in the early 70's. Later there was an attempt to put the tank into service, This did not work and the tank was disconnected from the system. The Public Utilities Department will be taking down the tank and clearing the property. The recommendation of the staff is that the property be declared surplus and sold at appraised fair market value. Committee member Dick Gaddis made a motion to recommend the property at 3075 S. Rainer Ave. be declared surplus property and be sold at fair market value. Committee member Jan Striefel seconded the motion, with all members present voting aye. Adjourn Meeting Adjourned at 7:50 • CO an a.