Date: December 17, 2020
THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA BOARD OF TRUSTEES ('BOARD') MET ON THURSDAY, DECEMBER 17, 2020 AT 06:00 PM. AS PROVIDED IN AN EXECUTIVE ORDER ISSUED BY GOVERNOR HERBERT ON MARCH 18, 2020 AND A WRITTEN DETERMINATION BY THE CHAIR OF THE BOARD, THE BOARD HELD THE MEETING AS AN ELECTRONIC MEETING WITHOUT AN ANCHOR LOCATION. THE PUBLIC WAS NOTIFIED THAT THEY MAY JOIN THE OPEN PORTIONS OF THE MEETING, INCLUDNG THE PUBLIC HEARING, BY CALLING 1-669 900-9128 AND ENTERING MEETING ID 93444745584# AND PASSWORD 349989#. THE PUBLIC WAS ALLOWED TO LISTEN TO ALL OPEN PORTIONS OF THE MEETING. USING ZOOM TECHNOLOGY, BOARD MEMBERS AND PERSONS PARTICIPATING BY PHONE WERE ABLE TO HEAR ALL DISCUSSIONS.
Present: Excused: Attended Via Zoom:
TRUSTEE MAX BURDICK, SALT LAKE COUNTY
TRUSTEE SHIREEN GHORBANI, SALT LAKE COUNTY
TRUSTEE JIM BRADLEY, SALT LAKE COUNTY
TRUSTEE PAULINA FLINT, WHITE CITY
TRUSTEE ALAN PETERSON, KEARNS
TRUSTEE STEVE PROKOPIS, MAGNA
TRUSTEE DAVID BREMS, EMIGRATION CANYON
TRUSTEE CAROLYN KEIGLEY, BRIGHTON
TRUSTEE DAVID OLSEN, COPPERTON
ALSO ATTENDED VIA ZOOM:
SHERIFF ROSIE RIVERA, SALT LAKE COUNTY SHERIFF AND SLVLESA CHIEF EXECUTIVE OFFICER
UNDERSHERIFF JAKE PETERSEN, SALT LAKE COUNTY UNDERSHERIFF
CHIEF OF POLICE JASON MAZURAN, UPD CHIEF OF POLICE
FRANK NAKAMURA, SLVLESA DISTRICT ADMINISTRATOR/SLVLESA LEGAL COUNSEL
LISA DUDLEY, SLVLESA CHIEF FINANCIAL OFFICER
RICHARD MOON, SLVLESA TREASURER
MARCIE KAY, SLVLESA CLERK
Item #1-Call to Order.
Jim Bradley called the meeting to order.
Item #2-Determination: Board Chair Jim Bradley stated he signed a written determination that due to the health risks and the continuing state of emergency as a result of the pandemic, the meeting on December 17, 2020 should be an electronic meeting without an anchor location so that Board members, staff and members of public will not attend in person.
Item #3- Consider RESOLUTION NO. 201217-1 OF THE BOARD OF TRUSTEES OF THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA (SLVLESA) ACKNOWLEDGING THE APPOINTMENT OF DAVID OLSEN AS THE REPRESENTATIVE FROM THE COPPERTON METRO TOWNSHIP TO THE SLVLESA BOARD OF TRUSTEES.
Action Requested: Motion, Second and Vote on the Resolution
Discussion: Trustee Bradley entertained a motion to acknowledge the appointment of David Olsen to the SLVLESA Board of Trustees.
Trustee Keigley motioned.
Trustee Flint seconded.
All voted in favor; none opposed.
The Resolution passed.
Item #4-Disclosure of Conflicts of Interest
Action Requested: Identify Conflicts, if any
Discussion: Trustee Bradley asked if there were any conflicts of interest. None were identified.
Item #5-Public Comment:
Trustee Bradley asked if anyone was calling in to the meeting who wished to give public comment to the Board. Marcie Kay, SLVLESA Clerk, stated that there were no calls from the public. Public comment was closed.
Item #6-Present Monthly expenditures and other financial information.
Action Requested: None
Discussion: Richard Moon said they only have the one check for the month of November, which is to UPD for law enforcement services.
Item #7-Present Fraud Assessment Report and Score.
Action Requested: None
Discussion: Lisa Dudley said over the last year, SLVLESA has been actively working towards many items that implement a fraud assessment. This assessment is from the State Auditor's Office and is meant to be for each local governmental agency to determine their level of risk through their own assessment. It includes criteria such as: do we have basic separation of duties, do we have specific written policies, etc. Recently Frank Nakamura introduced to the Board and it was approved, the policy to report fraud based on the auditor's template. Another item is to have each employee and elected official to annually commit in writing to abide by a statement of ethical behavior. All these are part of the fraud risk assessment.
Number one on the fraud risk assessment, because SLVLESA relies on UPD and has no employees itself, relies on UPD's separation of duties and mitigating controls for its financial management. As far as the policies go, Frank Nakamura has worked diligently to get these policies in place. She said that Frank sent out the annual ethics commitment in writing to the Board members. They have also recently put into place a fraud hotline. She said that our total score is 335, which puts us in the low risk category. She said it will be filed with the State Auditor's Office and they will be looking at this at least on an annual basis.
Trustee Alan Peterson asked if everyone had signed and returned the form.
Frank Nakamura said they have received some but not all and he would appreciate if those that have not yet sent them in will do so.
Item #8-Report by Sheriff Rosie Rivera, SLVLESA Chief Executive Officer
Action Requested: None
Discussion: Sheriff Rivera said she wanted to update the Board. She said she has reached out to the County Mayor's Office to find out who the new Board members will be, but she has not received a response on the actual names yet. By the next Board meeting there should be names of new Board members to replace those leaving this year. She said she will keep everyone updated. She said other than that, her only updates are the same as the ones shared earlier this morning in the UPD Board meeting.
Trustee Bradley said they were briefed well in the UPD Board meeting, so unless there are members who would like to hear that information again, they are okay to move on to the next item.
Trustee Bradley asked Frank Nakamura if they had the presentation for item number nine prior to the public hearing.
Frank Nakamura said yes
Trustee Bradley said that the rest of the agenda will require action by the Board.
Item #9- Consider RESOLUTION NO. 201217-2 OF THE BOARD OF TRUSTEES OF THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA (SLVLESA) ADOPTING THE CALENDAR YEAR 2021 SLVLESA FINAL BUDGET.
Action Requested: Motion, Second and Vote to Open the Public Hearing. Receive Public comment. Since public comment is being done electronically, the SLVLESA clerk will need to take calls in an orderly manner. The SLVLESA clerk will advise a caller when it is the caller's turn to speak. Callers should have their call on the mute function until it is their turn to speak. All callers will be heard. Comments will be limited to 3 minutes.
Motion, Second and Vote to close Public Hearing.
Discussion.
Motion, Second and Vote on the Resolution.
Discussion: Richard Moon asked if they needed him to go over every item on the budget because all of the Board Members should have already seen the budget information.
Frank Nakamura said he should probably provide a general overview.
Trustee Bradley said also anything that Richard Moon feels is important should be noted.
Richard Moon said as far as property taxes go, they are not requesting to have an increase and that is reflected on the budget. The TRANs has increased to $8.5 million and that is to hopefully help us bridge a gap in October/November to pay UPD because that is usually when they are running out of money. For law enforcement fees, he budgeted a 5% increase, just as a guideline. They have the $825,000 from Brighton and that will be in the UPD law enforcement fees for next year, but they wanted to show it separately on the SLVLESA budget for transparency. He said he wanted to note that they will have a budgetary use of fund balance, if this budget goes through, of almost $750,000.
Trustee Bradley asked what that would take their fund balance to.
Richard said he did not know off the top of his head. He said they were around $5 million fund balance, near the high 20 percentage points.
Trustee Bradley said that is an appropriate level of fund balance to have. Also, it allows us not to raise taxes this year.
Trustee Bradley entertained a motion to open the public hearing.
Trustee Flint motioned to open the public meeting.
Trustee Brems seconded the motion.
All voted in favor; none opposed.
The public meeting was opened.
Trustee Bradley asked SLVLESA clerk Marcie Kay if there were any members of the public on the Zoom call who would like to comment.
Marcie Kay said there were none.
Trustee Bradley then entertained a motion to close the public hearing.
Trustee Prokopis motioned to close the public hearing.
Trustee Brems seconded the motion.
All voted in favor; none opposed.
The public hearing was closed.
Trustee Bradley entertained a motion to approve Resolution 201217-2 OF THE BOARD OF TRUSTEES OF THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA (SLVLESA) ADOPTING THE CALENDAR YEAR 2021 SLVLESA FINAL BUDGET.
Trustee Flint motioned to approve the Resolution.
Trustee Prokopis seconded the motion.
Frank Nakamura conducted a roll call vote.
Trustee Bradley voted aye.
Trustee Flint voted aye.
Trustee Peterson voted aye.
Trustee Prokopis voted aye.
Trustee Keigley voted aye.
Trustee Olsen voted aye.
All voted in favor; none opposed.
The Resolution passed.
Item #10- Consider RESOLUTION NO. 201217-3 OF THE BOARD OF TRUSTEES OF THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA (SLVLESA) LEVYING A TAX RATE FOR CALENDAR YEAR 2021 EQUAL TO THE CERTIFIED TAX RATE.
Action Requested: Motion, Second, and Vote
Discussion: Lisa Dudley said whereas SLVLESA is not holding truth in taxation and not raising property tax for the calendar 2021 year, this Resolution would then prescribe that at the time, in June, when the certified tax rate is known, that SLVLESA will accept the certified tax rate because it has no intention to raise taxes for the upcoming tax calendar year.
Trustee Bradley asked if there were any questions on that. There were none.
Trustee Bradley then entertained a motion.
Trustee Keigley motioned to approve.
Trustee Brems seconded the motion.
Frank Nakamura conducted a roll call vote.
Trustee Bradley voted aye.
Trustee Brems voted aye.
Trustee Flint voted aye.
Trustee Peterson voted aye.
Trustee Prokopis voted aye.
Trustee Keigley voted aye.
Trustee Olson voted aye.
All voted in favor; none opposed.
The Resolution passed.
Item #11- Consider RESOLUTION NO. 201217-4 OF THE BOARD OF TRUSTEES OF THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA (SLVLESA) APPROVING ITS ANNUAL REGULAR MEETING SCHEDULE FOR CALENDAR YEAR 2021 SUBJECT TO CHANGE CONSISTENT WITH THE UTAH OPEN AND PUBLIC MEETINGS ACT AND EXECUTIVE ORDERS ISSUED BY THE UTAH STATE GOVERNOR
Action Requested: Motion, Second and Vote.
Discussion: Frank Nakamura said they are required by law to adopt an annual regular meeting schedule and this meeting schedule will be published on the public notice website, posted at the Sheriff's Office Building and published in the newspaper. He said they are always able to change the meeting schedule if they want, following the Utah Open and Public Meetings Act. This is the adoption of the regular meeting schedule and it is the same as it has been in the past; the third Thursday of each month at 10:00 AM.
Trustee Bradley said they have had discussions offline regarding an appropriate start time and they have decided on 10, knowing that it sometimes starts later than 10 but saying 10:30 or 11:00 and having to make everyone wait around did not seem appropriate.
Trustee Bradley entertained a motion to vote.
Trustee Brems motioned to approve.
Trustee Flint seconded the motion.
All voted in favor; none opposed.
The motion passed.
Item #12- Consider RESOLUTION NO. 201217-5 OF APPRECIATION BY THE BOARD OF TRUSTEES OF THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA (SLVLESA BOARD) TO MAX BURDICK FOR HIS YEARS OF DEDICATED PUBLIC SERVICE AS A SLVLESA BOARD MEMBER.
Action Required: Motion, Second and Vote
Item #13-Consider RESOLUTION NO. 201217-6 OF APPRECIATION BY THE BOARD OF TRUSTEES OF THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA (SLVLESA BOARD) TO SHIREEN GHORBANI FOR HER YEARS OF DEDICATED PUBLIC SERVICE AS A SLVLESA BOARD MEMBER.
Action Required: Motion, Second and Vote.
Discussion:
Item #14-Consider RESOLUTION NO. 201217-7 OF APPRECIATION BY THE BOARD OF TRUSTEES OF THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA (SLVLESA BOARD) TO APOLLO PAZELL FOR HIS YEARS OF DEDICATED PUBLIC SERVICE AS A SLVLESA BOARD MEMBER.
Action Required: Motion, Second and Vote
Discussion: Trustee Bradley said they will do the voting on Resolutions 201217-5, 201217-6 and 201217-7 all at one time.
Trustee Bradley said he wanted to thank each of the three Board members who are leaving the Board this year for their service to the Board and the time they spent. He said it has been productive and he has appreciated their passion and their understanding. He said that they will send copies of these Resolutions to each of the Board members who are leaving.
Trustee Bradley entertained a motion to vote on all three of the Resolutions.
Trustee Flint motioned to approve Resolutions 201217-5, 201217-6, and 201217-7.
Trustee Brems seconded.
All voted in favor; none opposed.
The Resolutions passed.
Item #15- Approve Minutes for the November 19, 2020 meeting.
Action Requested: Motion and Vote
Discussion: Trustee Bradley entertained a motion to vote.
Trustee Flint motioned to approve the minutes.
Trustee Keigley seconded the motion.
All voted in favor; none opposed.
Trustee Olsen abstained from voting.
The minutes were approved.
Item 16- Adjourn.
Trustee Bradley adjourned the meeting.
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Frank Nakamura 385-468-9671.
Notice of Electronic or Telephone Participation
As provided in Executive Orders issued by Governor Herbert and a written determination by the SLVLESA Board of Trustees Chair, the SLVLESA Board of Trustees will hold an electronic meeting on December 17, 2020 without an anchor location and facilities where the public may physically attend and monitor the open portions of the meeting. Members of the public may join the open portions of the meeting, including the scheduled public hearing, by calling 1-669 900-9128 and entering Meeting ID 93444745584# and Password 349989#. The public will be allowed to listen to all open portions of the meeting. Public comment will be allowed during the Public Comment and Public Hearing portions of the meeting which will start no sooner than 6:00 p.m. When not making public comment, please mute your phone.
Using Zoom technology, Board members and persons participating by phone will be able to hear all discussions.