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Daniel Town Council Meeting
And BUDGET PUBLIC HEARINGS
Monday, June 4, 2012 at 5:30 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, UT

Quorum present: Mayor pro tempore Eric Bunker, Council members Kasey Bateman, Jon
Blotter, and Chip Turner were present at 5:30 PM when acting Mayor Bunker called the
meeting to order. Recorder Merry Duggin was present to record the minutes. Treasurer
Sherri Price was also present. Mayor Michael Duggin was absent.
Members of the public in attendance: Lambert Deegan, Gary Walton, Kim Norris,
Spencer Christison, Joe Witt, John Hines, John Glodowski

1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
Mr. Joe Witt who has purchased property at 550 West 3000 South in Daniel came
before the Council to request information concerning his options for his property. Mr.
Witt indicated that he would like to build a new home on the property and wondered if he
could be allowed to keep the old existing residence as a caretaker dwelling. He was
informed that Town of Daniel has previously considered caretaker dwellings and
disallowed this use in our code. Mr. Witt also wondered if the Town would be interested
in purchasing this old house as a future meeting or storage facility. Another option Mr.
Witt brought up was to subdivide his property in order to sell the old house and a small
portion of the property to an adjacent landowner. A discussion ensued as to whether
adequate road frontage would be left for development of the remaining property. It was
determined that the frontage would be sufficient to allow a new home to be built. Council
member Bunker informed Mr. Witt that the Town only allows one residence per 5 acres,
and the Town currently has one Daniel resident who is building a new home and living in
the old home on his property. The Town has required this property owner to deposit
funds (which are being held in escrow) with Daniel until the old home is removed. This
could be a course for Mr. Witt to take.
Mr. John Hines, a resident living on Crazy Acres Road, informed the Council of a
fence being built by his neighbor Steve Bethers which is quite close to the asphalt road.
Mr. Hines is concerned that the fence could be in the Town’s right of way and be a
problem during winter snow removal. Council member Bunker indicated that the Town
should look into this.

2) APPROVAL OF MINUTES FOR APRIL 2, 2012 AND MAY 16, 2012
MEETING
Council member Blotter asked to place in the record an objection to the wording
of the April 2 minutes. Mr. Blotter conceded that the minutes accurately reflect that on
April 2, the applicant presented the new plat for his subdivision reporting that the Blotter
property line was unchanged in the new plat of the West Star subdivision. But Mr.
Blotter wanted the record to show that his property line was not “unchanged” as was
reported to the Council during the meeting. He has refused to sign an agreement to the
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lot line changes that were presented to him prior to recording of the new plat for the West
Star Subdivision. Council member Bunker also requested changes to the minutes.
Council member Bateman moved to approve the April 2, 2012 minutes with
changes as proposed by Council member Bunker concerning West Star Subdivision.
The motion was seconded by Council member Blotter, and the following Council
members voted to approve the minutes with the changes: Bunker, Bateman, and
Blotter. Mayor Duggin was absent from the meeting, and Council member Turner did
not vote as he was not present at the April 2 meeting. The minutes were approved.
Council member Blotter moved to approve the May 16 minutes as presented.
Council member Bateman seconded the motion, and the minutes were approved by the
following vote: Bunker, aye; Bateman, aye; Turner, aye; Blotter, aye. Mayor Duggin
was absent.

3) PUBLIC HEARING CONCERNING THE OPENING AND AMENDMENT OF
THE BUDGET FOR FISCALYEAR 2011-12. CONSIDERATION OF
AMENDMENTS TO THE FY 2011-12 BUDGET BY RESOLUTION 2012-06-04A.
Council member Blotter moved to open the public hearing for amendment of
the 2011-12 budget. Council member Turner seconded the motion, and the Council
voted unanimously to open the public hearing.
Ms. Duggin presented an amended version of the 2011-12 budget that she had
presented to the Council at the May 16 meeting which included amendments to revenue
and expenses to more accurately reflect actual receipts and expenses. In addition, the
Council had (at the May 16 meeting) discussed and agreed that the Town should open a
Capital Project Fund for roads and a Capital Project Fund for land purchase to comply
with Utah State Code concerning maximum percentages of revenue allowed to be
retained in the Town’s bank accounts. This budget amendment included transfers of
funds to establish those Capital Projects Funds to comply with Utah State Code.
Council member Bunker asked for comment and/or questions from the public.
There was no comment.
Council member Blotter then moved to close the public portion of the public
hearing. Seconded by Council member Turner, the Council voted unanimously to
close the public hearing.
Council member Bunker read Daniel Resolution 2012-06-04A to adopt the
amended 2011-12 budget. Council member Turner moved to adopt the resolution as
read. Council member Blotter seconded the motion, and the Council adopted the
resolution by the following vote: Bunker, aye; Blotter, aye; Turner, aye; Bateman, aye.
The Amended Budget was approved. Mayor Duggin was absent from the meeting and
did not vote.
Council member Blotter then moved to close this public hearing, and Council
member Turner seconded the motion. The Council voted unanimously to close the
public hearing.
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4) PUBLIC HEARING CONCERNING THE TENTATIVE BUDGET
PRESENTED TO THE COUNCIL ON MAY 16, 2012 AND POSSIBLE
ADOPTION OF THE PROPOSED BUDGET FOR FISCAL YEAR 2012-13 BY
RESOLUTION 2012-06-04B.
Council member Bateman moved to open this public hearing. Council member
Blotter seconded the motion, and the Council voted unanimously to open the public
hearing.
Ms. Merry Duggin presented the proposed budget highlighting for the Council a
few minor changes from the tentative budget that had been presented on May 16.
Mr. Lambert Deegan commented that the $70,000 budgeted for legal expense
could increase or decrease depending on a number of factors beyond the Town’s control.
Mr. Joe Witt suggested that the Town could possibly increase revenue by
requiring all farming businesses to require a license.
There being no further comment, Ms. Duggin then presented the Water Enterprise
Fund budget which also had a few minor changes from the tentative budget presented on
May 16. There was no public comment in reference to this budget.
Council member Turner moved to close the public portion of the public
hearing. This motion was seconded by Council member Bateman, and the vote was
unanimous to close the public hearing.
Council member Bunker read Daniel Resolution 2012-06-04B to adopt the
Fiscal year 2012-13 Budget. Council member Blotter moved to accept this 2012-13
budget. Council member Turner seconded the motion, and the Resolution was adopted
by the following vote: Bunker, aye; Blotter, aye, Bateman, aye; Turner, aye. Mayor
Duggin was absent and did not vote.
Council member Blotter then moved to close the public hearing. This motion
was seconded by Council member Turner, and the Council voted unanimously to close
the public hearing.

5) SPENCER CHRISTISON, RESIDENT OF STORM HAVEN, WITH
COMMENTS AND CONCERNS ABOUT THE CULVERT REPLACEMENT ON
DANIELS CREEK.
Mr. Christison came before the Council to voice his concern that the culvert
replacement on Daniels Creek almost directly behind his home may cause erosion of the
creek bank endangering his trees along the property line and asked the Council to
consider protection for his property by placing additional rip rap or bigger stones along
the creek bank. He indicated that the creek could be accessed across his property if
necessary. Council member Bunker suggested that Town engineer Ryan Taylor could
look at this and recommend a course of action.
Council member Blotter then moved to have our Town Engineer to examine
this situation. Council member Turner seconded the motion which passed by the
following vote: Bunker, aye; Turner, aye; Bateman, aye; Blotter, aye. Mayor Duggin
was absent.

6) DISCUSSION AND POSSIBLE ADOPTION OF AN ADMINISTRATIVE
POLICY FOR A REQUEST FOR REASONABLE ACCOMMODATION IN
REGARDS TO THE AMERICANS WITH DISABILITIES ACT AND FAIR
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HOUSING ACT. THE COUNCIL HAS RECEIVED A RECOMMNDATION
FROM THE PLANNING COMMISSION.
The Council opened the discussion of the policy and application proposed by the
Planning Commission. Council member Bateman felt that there might be some “gray”
areas that could open the Town to future problems and wanted to spend some more time
on the policy. Council member Turner felt that the Town needed some policy in place so
that the Town has a procedure to work with in the event there is a request for reasonable
accommodation.
Mr. Gary Walton commented that the Town should not put any limits or
restrictions in the policy because the Town can’t know what accommodation will be
requested. Mr. Lambert Deegan wondered if the Town will ask people to anticipate
problems that might occur before even issuing a permit
Council member Blotter stated that he would like Mayor Duggin to be present
before any action was taken on this proposed policy, but he wondered if it would be
prudent to have the Planning Commission take another look at the policy to make it more
general than to just be used with the ADA/FHA. Council member Bunker said that
Planning had looked at it, and he felt that the Commission‘s intent was for the policy to
be more general. It was suggested that the references to ADA and FHA be removed from
the policy wording and from the application.
Council member Bunker read the resolution to adopt the policy and application.
Council member Blotter moved to adjust the title of the resolution by removing
the ADA and FHA references and then to adopt the Daniel Resolution 2012-06-04C to
put this policy in place. He also moved that this issue be placed on the July agenda for
further discussion and possible modification of the policy and application. Council
member Bateman seconded the motion. The motion passed by the following vote:
Bateman, aye; Turner, aye; Bunker, aye; Blotter, nay. Mayor Duggin was absent from
the meeting and did not vote.

7) BUSINESS LICENSES
No new license applicants were present.

8) DEPARTMENT REPORTS:
PLANNING REPORT
Planning has issued a permit for a ham radio antenna to Mike Ashby.
Julie Wood in Storm Haven would like to remove a trailer from her lot and build a
residence.
DANIEL MUNICIPAL WATER ISSUES: WATER METERS, WINTER
WATER USAGE INFORMATION, ETC.
Mr. Gary Walton reported that the new meters are being installed and a training
meeting has been scheduled for June 28. Everything should be in place for the July meter
reading.
Mr. Walton also reported that a letter has gone out to all water users to inform
them that some users had overused their 120,000 gallon allotments for the winter months.
The over users will only be charged 10% of the appropriate charges. Mr. Walton stated
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that this will be the final grace period and over usage will be billed at the full appropriate
rates next winter.
RECORDER’S OFFICE; WARRANT APPROVAL
After Recorder Merry Duggin presented the warrants for approval, Council
member Turner moved to approve them as presented. Council member Bateman
seconded the motion, and the Council members voted to approve the warrants by the
following vote: Bunker, aye; Bateman, aye; Turner, aye. Mayor Duggin was absent
and did not vote. Council member Blotter had left at 8:01 PM and did not vote.

9) ADJOURN
Council member Bateman moved to adjourn. After a second from Council
member Turner and a unanimous vote by the 3 Council members present, Mayor Pro
Tempore Bunker adjourned the meeting at 8:40 PM.

Merry Duggin,
Recorder