Date: February 18, 2021
THE SALT LAKE VALLEY LAW ENFORCEMENT SERVICE AREA BOARD OF TRUSTEES ('BOARD') MET ON THURSDAY, FEBRUARY 18, 2021 AT 10:00 AM. AS PROVIDED IN EXECUTIVE ORDERS ISSUED BY THE UTAH GOVERNOR 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 BY CALLING 1-669 900-9128 AND ENTERING MEETING ID 92301763844# AND PASSWORD 259919#. 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 STEVE PROKOPIS, MAGNA
TRUSTEE JIM BRADLEY, SALT LAKE COUNTY
TRUSTEE PAULINA FLINT, WHITE CITY
TRUSTEE ALAN PETERSON, KEARNS
TRUSTEE DAVID BREMS, EMIGRATION CANYON
TRUSTEE CAROLYN KEIGLEY, BRIGHTON
TRUSTEE DAVID OLSEN, COPPERTON
TRUSTEE DEA THEODORE, SALT LAKE COUNTY
TRUSTEE CHRIS STAVROS, SALT LAKE COUNTY
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
ROBERT BEHUNIN, R & R PARTNERS
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 February 18th, 2021 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- Conflict of Interest Disclosure.
Action Requested: Identify Conflicts; if any.
Discussion: Trustee Bradley asked if there were any conflicts of interest. None were identified.
Item #4-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 #5-Present expenditures for the month of January 2021 and other financial information.
Action Requested: None
Discussion: Richard Moon asked if there were any questions on the check register that was included in the SLVLESA packet.
There were no questions.
Item #6-Update on Utah Legislative Session 2021 relative to SLVLESA.
Action Requested: None
Discussion: Trustee Bradley asked if Robert Behunin, Government and Public Affairs Director, R&R Partners, was present and if he would like to give them an update.
Robert Behunin said there are 638 bills out in the legislature, which is fewer than normal. Most of these bills are priority bills for legislators. He said about 219 of the bills are law enforcement related. He has been monitoring the effort to get a file open to amend the sunset for the mountainous planning district. He said that bill is in a boxcar and it is being drafted by legislative research right now. The County passed a resolution to make some changes to it, so the mountainous planning district commission can have its own land use authority and the County can determine membership. He thinks that will help SLVLESA in terms of funding mechanisms with Brighton and the Canyons.
The metro township bill by Senator Mayne is sailing through with not a single dissenting vote yet. He said they have about 11 days left, and they will be working with her to prop up SLVLESA tax cap rate increase bill for future interim sessions.
Trustee Bradley asked what the mood and reception were towards the idea.
Robert Behunin said it has been positive. Everyone has said that we need to fund law enforcement well. He said there is a keen awareness and understanding that they cannot do law enforcement effectively unless they are funded appropriately.
Trustee Bradley said that he mentioned it has been perceived positively and is that for this session or for a future session?
Robert Behunin said it is for a future session.
Trustee Keigley said that the number of people who are up in the canyons is incredible. She said that even yesterday, when they had several closures, the highway was stacked back to back. She said since Covid hit, the canyon has been desperately impacted. She said this has a huge impact on their law enforcement services and it is very costly.
Frank Nakamura asked Trustee Theodore if she had any comments on the sunset legislation since she has been heavily involved on the County side.
Trustee Theodore said basically that Brighton wants their own planning commission--they want out of the mountainous planning district and that is what the County Council has agreed on. As a result, the County is seeking removal of the sunset provision on the mountainous planning district and the ability of the County to use general funds within the jurisdiction of a municipality. She said they are also working on extending their public safety funding, which they need right now and may in the future, work on ways Brighton can become more self-sustaining. She said it may take some time but that is one of the goals. She said the current makeup of the mountainous planning district could be changing, depending on what the County Council decides.
Undersheriff Jake Petersen said it has been an unbelievably busy year at the Legislature when it comes to law enforcement because of the environment in the community, which has been a positive thing because it has given them the opportunity to focus on a lot of issues that should have been discussed a long time ago. He said it has also brought up a lot of issues that have been very difficult for the law enforcement community.
He said he will read some of the general topics and if someone wants to reach out to him specifically, he can go into more detail.
He said there are a lot of bills dealing with use of force and search and seizure. There are several bills dealing with their certification in law enforcement and most of them are dealing with P.O.S.T; what they are required to train on what they are not. There are domestic violence and workplace violence bills and mental health bills for first responders. He said the biggest one getting a lot of talk right now is a qualified immunity bill, that is presenting some significant challenges for the law enforcement community. The bill would eliminate qualified immunity for officers. He said it would require the municipalities to pick up the insurance policy which would be required for each, individual sworn officer, to have a liability policy for them. He said if it is even possible to get the insurance, the fiscal note is unbelievably large. He said they do believe it would affect their recruiting significantly, as well as retirements and resignations. He asked if anyone has any questions about any of those topics.
Trustee Flint asked what the number of the bill was.
Undersheriff Petersen said it was HB-367.
Trustee Flint asked if he had a fact sheet on that bill that he could share.
Undersheriff Petersen said yes, and he would send that to her.
Item #7-Discuss schedule and process for issuance of a Tax and Revenue Anticipation Note.
Action Requested: None
Discussion: Frank Nakamura said SLVLESA receives its revenue at the end of the year because of property tax collection. Therefore, during the year, they have a liquidity issue and because of that, they need to borrow money. He said there have been discussions in the past to see if they could avoid this cost but in order to do that, they would have to have a fund balance equal to a year's worth of revenue and that would mean large tax increases to do that.
Lisa Dudley said the schedule for the TRANs is like that of previous years. It is always done in the spring, as they are using up the proceeds from the property tax distribution and the TRANs, as Frank noted, will provide financing for SLVLESA's operations, which in essence is SLVLESA's payments to UPD for law enforcement. Their initial meeting to discuss this year's process was conducted via Zoom on January 26th. Their goals are to be careful with their public funds and that they issue debt only once, to keep that cost of issuance down. Also, the issuance will be a private placement which means that it will not go to the open market, which also helps to keep costs down because they don't have underwriters' fees involved.
She said the process is outlined in the calendar events provided to the Board in their packet and the process is very quick, just over a month. A new Resolution will be brought before the Board during the March 18th meeting which will establish a pricing committee, as they have done in the past. The transaction is estimated to close on April 8th. Zions Public Finance serves as SLVLESA's financial advisor. She asked if there were any questions about the calendar.
Trustee Bradley said that Zions has been traditionally very good in terms of their advice to us. He asked what amount they are borrowing.
Lisa Dudley said she would guess about $8.5 million.
Item #8-Discuss independent audit process by HBME of SLVLESA for calendar year 2020.
Action Requested: None
Discussion: Lisa Dudley said they have until 6 months following the end of the calendar year to have their audit done and filed with the appropriate regulatory agencies. They have again engaged HBME, the same ones who conducted the last two audits for SLVLESA. Todd Sullivan will be the senior auditor and Aaron Hixson will be a reviewing manager. Since most of SLVLESA's transactions are electronic, and they have a limited number of transactions, it is very much a simple audit. She said the process is quick and they will keep to their timetable and probably present the audit to the Board in May.
Item #9-Report by Sheriff Rivera, SLVLESA Chief Executive Officer.
Action Requested: None
Discussion: Sheriff Rivera said she wanted to do an update because there were members of the SLVLESA Board not in the UPD meeting.
She said that they wanted to thank everyone for their assistance during the avalanche; they had many agencies who helped. She said they had four fatalities and four survivors in the avalanche. These types of incidents do take a lot of resources and they must depend on everyone coming together to help. She said they also had a kidnapping incident, which is leading them to believe it is now a murder, in the Kearns area. She said they are working that diligently to recover the individual who was kidnapped. They did do a press conference on that this week, to put out more information. She said the reason she wanted to discuss this is because it takes a tremendous amount of resources and if you did not pay into that shared services piece, we would not be able to accomplish what they are doing. She asked if there were any questions on those issues.
Trustee Bradley said that the avalanche and the Kearns incident have provided testimony to the value of the shared services model.
Sheriff Rivera said today in the UPD Board meeting they did get the Human Resource Deputy Chief position approved and she asked the Board to approve Chief Jason Ackerman for that position and they did. She said that does open the Magna Chief position and she has spoken with Trustee Prokopis and they will work with Magna Township Council to select a new Chief. They will put the announcement out as early as today or tomorrow and they will request that it be a lieutenant or above. They want to do a '360 evaluation' and that helps to choose good people for their precincts. She asked if there were any questions.
Trustee Bradley said Chief Ackerman was an excellent choice.
She said her in update to the UPD Board, she will be presenting to the finance committee meeting a draft budget.
Item #10- Approve Minutes for the January 21, 2021 meeting.
Action Requested: Motion and Vote
Discussion: Trustee Bradley entertained a motion to approve the minutes.
Trustee Keigley motioned to approve the minutes.
Trustee Brems seconded the motion.
All voted in favor; none opposed.
The minutes were approved.
Item 11- 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 the Utah State Governor and a written determination by the SLVLESA Board of Trustees Chair, the SLVLESA Board of Trustees will hold an electronic meeting on March 18, 2021 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 by calling 1-669 900-9128 and entering Meeting ID 92301763844# and Password 259919#. The public will be allowed to listen to all open portions of the meeting. Public comment will be allowed during the Public Comment portion of the meeting which will start no sooner than 10:00 a.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.