HomeMy WebLinkAbout09/24/2015 - Meeting Minutes 00.
Minutes
DEPARTMENT of PUBLIC UTILITIES
-(Z-j ADMINISTRATION
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..."" Public Utilities Advisory Committee
Minutes
September 24, 2015
The Public Utilities Advisory Committee meeting was held at 7:3o am on September 24,
2015 at 1530 South West Temple, Salt Lake City, Utah. Committee members present
were Roger Player, Dixie Huefner, Colleen Kuhn, Kent Moore, Ted Boyer and Sydney
Fonnesbeck. Salt Lake City Public Utilities employees present were Jeff Niermeyer,
Tom Ward, Kurt Spjute, Laura Briefer, Jason Brown, Carly Castle, Kristeen
Schumacher, Giles Demke, Dale Christensen, Jesse Stewart, Jason Brown, Chuck Call
and Janine Calfo. Also in attendance were Rusty Vetter, SLC Attorney's Office; Mike
Wilson and Mike DeVries, MWDSLS; Mike Collins and Keith Larson, Bowen & Collins;
Mark Chandler, CRS Engineers; Cory Christiansen, Water Works; Brandon
Heidelberger, Brown and Caldwell; and Jim Olson.
Approve Minutes of June 25, 2oi5 Meeting
Committee member Kent Moore moved and Committee member Dixie Huefner
seconded the motion to approve the minutes of the June 25, 2015, meeting as amended.
All members present voted aye.
Financial Report — Kurt Spjute
Kent Moore asked a question about the Rain Barrel program about how the system
worked. Jeff Niermeyer informed him that the rain barrel kit comes with a set of fittings
that has a tap at the bottom of the barrel and attaches to a garden hose. Water is
collected from home rain gutters. The charge is $68 per barrel.
Kurt reported that current sales charges are over $103 million, or .5% above last year.
Aging receivables that are at 12o days are $40,871. Water that was delivered is 4,397
acre feet and is less than the 3 year average. Water sales were $2.5 million less than
anticipated (Average Year) and the same as April. Water delivered through June 30 was
2,329 acre feet less than 2014 (a savings in Water of 757,81o,000 gallons). Operation
expenses are at least 4.2% less than last year, still preliminary.
Capital/Projects/Purchases total assets increased by $31 million.
Cash in all funds (less current obligations) is $74.6 million. Last year was $81.2 million.
This is down $6.6 million from the previous year. Outstanding bonds or debt is
currently $55 million (Water = $12 million, Sewer - $33 million, Storm Water - $9.9
million and Street Lighting — Zero Debt).
There are some preliminary balance sheets. We are working on, such as OPEB (Other
Post Employee Benefits) will not be funded anymore. That liability will totally decrease
September 24,2015
PUAC MEETING MINUTES
by next year. The Unfunded Liability will be gone, because the City did an analysis on
their ability to provide post employment insurance. When compared with the cost by
the City to the prices that the former employee could get through the market by Obama
Care, there is more flexibility and better opportunity to get insurance at a cheaper rate.
It was elected to discontinue it on the City side.
Preliminary Income Statement. Operating income is a little higher than last year. Not
everything is complete with this report yet, but it will be reviewed again with the
Committee in December.
Water Delivered was pretty normal, compared to what is budgeted for this year. Utility
revenue for the month is in line with the previous years and currently under budget.
Revenue Charge Comparison for the month looks normal.
The Water Delivery department data is slightly down from July ist, comparing with the
three year average. Jeff noted that the graph really indicates where the rain events
occurred, because it shows that residents are turning off their sprinklers during the
storms. This data shows graphically where our conservation efforts are really paying off.
We are currently down 713 acre feet, or 232 million gallons since July ist on the 3 year
average.
Waste Water Reclamation Plant flows may have started for the first part of the fiscal
year a little high, but overall are still pretty reasonable compared to what we had in the
past. Revenue comparisons for this year are within normal parameters for this year.
Operating costs are higher for Water in August, mainly due to the increase in
consumption. It costs us a little more to treat the water. The other funds are normal for
the time of year.
Public Utilities Operating Funds were all operating in the black as of June 2015.
Water Capital to Budget is processing at about $20 million worth of capital last year.
Sewer Capital to Budget is at $15.5 million. Storm Water Capital to Budget is just above
$4 million above budget for the last year. Street Lights are pretty close to what we had
expected.
Cash Comparison by Fund are still very strong as far as our cash reserves. The green
column is where we are at in all three funds. Street Lighting is looking more positive
each day.
Jeff asked Kurt to give the committee and update on the S&P rating. As a Utility, we
maintain a AAA bond rating and we are one of only a handful of utilities across the
nation that has that rating. Every few years, the bond rating companies come through
and re-evaluate. They are talking with Kurt and asking about any significant changes in N
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
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September 24,2015
PUAC MEETING MINUTES
operation or budgeting. We work hard to manage the bond rating to help us with
keeping our preferential rate and saving millions of dollars.
Ted Boyer mentioned that Mark Eubank stated that we used 14 percent less water this
year. Jeff pointed out that our number should be around 17 percent less. Mark Eubank
uses numbers from Bountiful and generalizes his information.
Energy Management Plan — Carly Castle
Carly Castle is the Special Projects Coordinator for the Salt Lake City Public Utilities.
Earlier this summer, there was a presentation on our Energy Management Development
Plan efforts. Carly is here to give update and present the plan to the PUAC.
In January, the Mayor issued an executive order for energy management that requires
the implementation of energy management best practices for city owned facilities and
requires an energy management plans by certain departments, including ours. There
are several required components:
o A Summary of our past, current and future energy practices
o Benchmarking for all facilities and all buildings
o Energy Saving Opportunities identified through energy audits for certain
buildings
o Commissioning efforts for buildings to guaranty Efficient Operations
o Developing a plan for Employee Engagement efforts
o Identifying and prioritizing Renewable Energy Opportunities
o Increased Transparency or reporting of our energy performance
To develop and implement the Energy Management Plan,we assembled an internal
inter-disciplinary Energy Management Team last spring. The team is cross functional to
ensure that all aspects and functionalities were represented in our energy management
efforts. Over the past several months, the team has worked to develop this plan, and
now that the plan is complete, the team will serve as a standing committee that meets
regularly to implement the plan.
The plan is a very lengthy document. The Energy Policy states that, "The Salt Lake City
Department of Public Utilities uses energy wisely, while continuing to exceed the
expectations of those we serve. We implement prudent and environmentally
responsible strategies and programs in our facilities and operations that minimize our
energy use without sacrificing service reliability." We didn't want to ruin the product or
the services that we provide in the name of energy efficiency.
To help organize our approach to energy management,we defined an "Energy Fence-
Line". This represents the scope of operations. Because the Utility systems and
operations are diverse and inter-connected, our energy management efforts can only be
effective if they are evaluated and implemented on a facility-wide or system-wide scale. C'
There are six pillars on this fence-line: Io
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
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SALT LAKE CITY,UTAH 84115 3 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
o Public Utilities Main Campus
o Drinking Water Treatment Plants
o Water Reclamation Plant
o Water Distribution System
o Stormwater/Sewer Collection System
o Street Lighting
Each pillar has an individual section in the Plan. These sections address specific details
and actions that relate solely to that pillar. Each section may or may not have additional
details related to the specific pillar.
Our efforts this year will be heavily focused on benchmarking with the goal to have all
facility benchmarks by the end of the summer, 2o16. Benchmarking is important
because it establishes baselines and provides us with the information we need to
strategically plan for energy management best practices and projects. A table was
presented on page 31 of the Management Plan that outlines the benchmarking efforts.
Another benefit of benchmarking is that it provides an opportunity to engage and
educate our energy management team. Training them to use benchmarking tools and
how to interpret the results and how to translate the information in to projects will help
us to for a strong team of energy champions that will be energy efficiency experts
department wide.
Benchmarking with tools like Energy Star also provides options for reporting energy
use. The reports are generated automatically with interesting graphics and cool facts.
This reports can be made available to the general public, as well as employees.
We will be creating an Energy Engagement Committee that will be a sub-committee of
our Energy Management Team. The committee will develop unique programs aimed at
engaging employee participation and help us achieve energy savings targets.
Some ideas include; Energy Star reports available in the Pipeline Newsletter, Friendly
Reminders,Watt Meters, Work Group Routines and Focus group program analysis.
Sydney mentioned that she gets a notice with her Utah Power and Light bill that informs
her that her usage is higher than her neighbors. The notice includes ways to decrease
usage and she does everything that is outlined. She says that she feels that she's done
everything that she's told to do, but it still isn't working. We have to try to get away
from "shaming"because it makes her angry. Jeff Niermeyer pointed out that in these
efforts, we are focusing more on departmental use and employee engagement. We have
actually been fighting the "Hall of Shame" attitude of the media.
Jeff also mentioned that there is new Smart Meter technology that will allow real time
water usage reporting. It will give us the opportunity to have an ongoing Social Media
type of conversation with customers. We may be able to help mitigate possible leaks by
watching higher than normal water use. Io
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 4 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
Dixie Huefner asked about the question of shutting off electronics when you leave the
room. Someone had told her that it would take more energy to turn electronics off and
on frequently. This notion was branded as a myth. It is better to turn your lights off
when you are not in the room.
Kent Moore asked, as we implement this plan, are we replacing old equipment as it
wears out? Jeff indicated that this would be the case and that we are getting a rebate on
purchasing more efficient and higher energy standard equipment. Rocky Mountain is
giving us a rebate to get us into LED and out of incandescent lights. This alleviates them
from having to buy peak power off of the grid.
Kent also asked if the water shortages in Lake Powell and Lake Mead will impact power
shortages in Salt Lake. Jeff said that we do not use any energy from those sources.
Dixie asked Carly if the team was feeling energized about the program. Carly said that it
has been a great experience.
Influent Screen Reconstruction
Waste Water Reclamation Plant — Giles Demke
Giles Demke is the Waste Water Reclamation Plant Maintenance Engineer. He is here
to talk about a big project that we are in the process of designing and putting out to bid
this year about where the waste water enters our facility.
There are two campuses at the facility. The main treatment campus where all the
treatment is completed and the pump station site where all the sewage from Salt Lake
City comes to before it is pumped to the main campus. The very first treatment process
is completed at the Influent Screening Building that was built in 1913 and upgraded in
the early 198os. During a review in 20o8 it was revealed that the building it at the end
of its design life.
There is a brand new school, The Guadalupe School, that is sitting on our property line,
as well as Rosewood Park and the Rose Park Golf Course.
There are three interceptors that flow to the influent screen building. The purpose of
the influent screens is to remove inorganic material from the wastewater stream. This
includes rags, paper, wood and any other material that accumulates on the bars,
including boats.
In 2009, the screening building was given a 5 rating (1 being new and 5 indicating that
the building needs to be replaced). The channels that pull the sewage into the building
are 30 feet into the ground. Ground water in the area is currently 7 feet below grade.
Issues with the current screen building include: poor condition, existing equipment
failure, equipment does not meet NFPA safety classifications, does not meet current
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 5 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
electrical safety standards, poor process functionality and does not meet projected peak
flow.
The influent screen building project scope includes: constructing a new screening
building, new odor control facilities, reroute the 48", 66" and 78"interceptors,
demolishing the existing bar screen building and landscaping the surrounding area. All
of this needs to be accomplished while keeping the current facility operational.
Giles showed the Committee a proposed plan for the new building. There are two
proposed locations for the new building, the South location and the East location. The
South location would be preferred, because it works better hydraulically. The East
location would entail having to relocate the 6o" storm drain at an added cost of$1
million. The location is still open to public opinion. Both options are at least $20
million projects.
Kent asked a question about odor control. He asked if the odor control building will
remain the same. Giles informed him that the one new facility will be able to service all
three buildings. There is an existing odor control building with a fiberglass vessel filled
with carbon. The cost is just under $7 million for odor control.
Odor control would be mitigated by the Anua Monashell System. This is a biological
filter for treating hydrogen sulfide and other VOC compounds that uses a seashell
media. Biofilm grows on the surface of the seashells. Hydrogen sulfide combined with
water is Sulfuric Acid. The seashells neutralize the acid to make hydrogen dioxide
(water). The lifespan of the media is 5 to io years. Once the media is finished,you
vacuum them out and send them to a landfill. Food waste provides new shell media.
There are two of these units that are coming online now.
The system creates a negative pressure in the buildings and then blows the foul air odor
over the media and the biomass goes to work on it. This system will take out 99.5
percent of the hydrogen sulfide.
We are also going to look at energy sustainability with this project by harvesting some of
the heat that is available in the wastewater stream. We are currently running at 34
million gallons a day.
The costs for the project would be $28.6 million for the south site, and $29.6 million for
the east site. The extra cost would be to relocate a 6o" storm drain.
Dixie Huefner asked what the estimated time frame would be for construction. Giles
indicated that it would take between 18-24 months to complete. Tom Ward pointed out
that there have been several public outreach meetings with the Guadalupe School and
local city councils and there is one more public outreach meeting scheduled later this
month. The main concern is the proximity to the community neighbors, the safety of
the school children and odor. We will be constructing this building right next to the
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 6 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
existing facilities.
Kent Moore asked, as we are implementing this plan, are we replacing old equipment as
it wears out? Jeff said that we are replacing worn equipment and we will be getting a
rebate on more efficient and higher energy standard equipment.
Capital Asset Program
"CAP" Process Demonstration - Kristeen Schumacher
Jeff Niermeyer informed the Committee that the Utility tries to complete between $40 -
6o million a year of projects. What the team has been tasked with is to describe how we
manage the process from project requests to construction and implementation.
Kristeen Schumacher is a member of the Engineering division. There are two really
strong programs that exist: Asset Management Program and CIP Project Delivery.
There was some formalization that was missing to link the two existing processes.
The issues that were uncovered were:
• Difficulty communicating project status between Operations/Maintenance and
Engineering.
• Challenges linking prioritized projects generated from Asset Management to the
final budget.
• Incomplete scoping of proposed projects before acceptance into the budget.
The solution is the Capital Asset Program (CAP). This program is going to create a link
between Asset Management and Project Delivery; primarily with scoping and tracking.
We also took the opportunity while we were improving the program to utilize the
technology of SharePoint, a program that the entire city is moving to. SharePoint is a
Microsoft product that is used for both file storage and as a database to share
information across an enterprise wide basis.
Asset Management is the process of looking at all of our assets, so that we know the
criticality and condition of our assets. Criticality is how important the asset is.
Condition is rated from 1 to 5,with the poorest condition being"5" and needing to be
replaced. The Scoping and Ranking Form and Project Number Request From are two
documents that have been developed to formalize the process.
CAP Components:
• Request for Capital Project:
o Submitted by Maintenance/Operations or Engineering
o Unique Request Number
o Basic project information, including criticality/condition and estimated
cost
o Reviewed and approved or denied by counterpart Program Manager a
SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 7 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
• Initial Scoping:
o Completed by Scoping Manager (Engineering)
o Provides closer look at project needs — consultant, coordination, study,
permits, Engineering Work Orders, etc.
o Scoping Map and SharePoint Document Set created
• Final Scoping:
o Completed by Scoping Manager (Engineering)
o Review of Initial Scoping Information
o Includes specific project details — stakeholders, public involvement plan,
implementation issues, detailed cost breakdown,work plan, and requested
budget years
Asset Management, project requests, and CAP scoping will be an ongoing process.
When someone identifies a project, they can submit that request whenever they need to.
Between July and December, time is taken to prioritize projects that have been
submitted and prepare for the annual CAP submittal. CAP projects will be submitted to
the Public Utilities Administration in January for review,which will then be submitted
to the PUAC in early February. Projects that are approved will be submitted to the
Mayor and City Council for review of budget.
SharePoint Integration
• All CAP information is stored in SharePoint"lists"
• SharePoint list features include: search, filters,view and attachments
• Workflows notify users of new requests, required scoping, and other action items
• Lists connect to Microsoft Access for printable forms and reports
The Capital Asset Program has been able to provide a solution to several issues:
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 8 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
o U ionz
S t
Issue CAP Solution
Poor tracking of CIP project requests. Siingle database for all project requests
tracked with unique request number.
Easy to use!
Inconsistent prioritization for budgeted Rating system to classify importance of
projects needs.
IncompletepNoJPct assessment prior to Dctaileodsco*igtoanalyze
acceptance into budget specific coordination,co
Kristeen also gave a short review of the Public Utilities SharePoint site to show some of
the features that are available and are being used with CAP.
Open Meeting Training— Rusty Vetter
Utah Open and Public Meetings Act Requirements for the PUAC
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").
Basic Principle (Section §52-4-2oi(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-io3)
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)
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.
[Because a gathering of Committee members is not a "meeting"unless it is "convened', a
SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 9 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
and "convening"requires an authorized person to "call together"the Committee for the
express purposes of discussing or acting upon a matter of business, it seems that
gatherings such as group photos or ceremonial appearances are not meetings subject
to the Act.]
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. This requirement is deem satisfied by providing notice to a
newspaper or local media correspondent under Utah Code §63F-1-701 (4)(d) [that may
be a bad cross-reference]
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.
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 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
Expect with respect to emergency meetings, and at the discretion of the presiding
member of the Committee, 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. (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 Committee is holding the regularly scheduled public meeting unless: O
(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
a
SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 10 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
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;
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 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, 2o6) r-I
1. Open Meetings (Section §52-4-203)
Both written minutes and a recording (i.e., an audio or an audio and video record) must
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 11 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
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 Committee is
keeping both written minutes and a recording during a site visit or traveling tour, it
should not take a vote or official 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 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 Committee must require an individual who publicly presents or provides electronic
information relating to an item on the agenda, to provide to the Council, at the time of
the meeting, an electronic or hard copy of the electronic information for inclusion in the
public record. "Electronic information" means information presented or provided in an
electronic format. (This was added by 2014 Legislature.)
Approved written minutes (not the recording) are the official record of the meeting.
Approval of Minutes
The Committee must make pending minutes (i.e., draft minutes that haven't yet been
approved by the Council) available to the public within 3o days after holding the open
meeting.
Within three business days after approving written minutes of an open meeting, the
Committee must post to the Utah Public Notice Website (created under Utah Code
§63F-1-701) and make available at the Council's primary office a copy of the approved
minutes and any public materials distributed at the meeting.
Within three business days after holding an open meeting, the Committee must make
and audio recording of the open meeting available to the public for listening.
N
The Committee must establish and implement procedures for the approval of the
written minutes of each meeting. The written minutes or the recording of an open
a
SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 12 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
meeting 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.
2. Closed Meetings (Section §52-4-2o6)
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.
According to the municipal retention schedule, the written minutes must be retained
permanently, and the recording must be retained for at least one year.
H. Electronic Meetings (Section §52-4-207)
i. Resolution, Rule, or Ordinance
The Committee may not hold an electronic meeting unless it has adopted a resolution,
rule, or ordinance governing the use of electronic meetings. The Committee has not
adopted one of these.
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 M
member up to three days before the meeting to allow for arrangements to be
made for the electronic meeting;
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 13 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
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
(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 go days (or 3o 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.
K. Relevant 2015 Legislative Changes
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM
SALT LAKE CITY,UTAH 84115 14 of 15 TEL 801-483-6770
September 24,2015
PUAC MEETING MINUTES
There was no significant changes to the Open Meetings Act in 2015.
Final Comment — Jeff Niermeyer
The next meeting will be Thursday, October 22nd at 7:3o AM.
Meeting Adjourned at 9:15 am
Minutes approved October 22, 2015
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SALT LAKE CITY DEPARTMENT of PUBLIC UTILITIES
1530 SOUTH WEST TEMPLE STREET WWW.SLCGOV.COM na
SALT LAKE CITY,UTAH 84115 15 of 15 TEL 801-483-6770