DANIEL TOWN COUNCIL AND PUBLIC HEARING MINUTES
MONDAY, JUNE 5, 2017 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UTAH
Quorum Present: Council members Bunker and Glodowski were present when Mayor Turner called the meeting to order at 6:02 PM. Council member Blotter arrived at 6:03 PM. Council member Bateman was absent. Treasurer Sherri Price was present, and Clerk Lynne Shindurling was also present to record the minutes.
Members of the public in attendance were: Jaq Shindurling, Shelly Bunker, Ryan Simpson, Jack Walkenhorst, Mark McAllister, Brent Waterman, Pam Skinner, Kim Norris, and Ryan Taylor from GDA Engineers.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
Brent Waterman asked the status of the Home Occupation Code 8.25. Mayor Turner explained the Planning Commission will continue with the discussions and revision of the code in the monthly Planning Commission meetings, the next one being June 21 at 6:00 PM.
2) PRESENTATION BY JACK WALKENHORST WITH ALL WEST COMMUNICATIONS RE FRANCHISE AGREEMENT WITHIN DANIEL TOWN
Mr. Walkenhorst stated All West Communications started in 1912 and is now head- quarted in Kamas, Utah. They began providing some telecommunications service, high-speed internet and video services in the Heber Valley in 2007-2008, and are currently servicing Timberlakes and Red Ledges. They are wanting to expand within Heber Valley and would like franchise agreements with Daniel Town. Some areas where they compete are regulated and others are not.
They began providing cable TV services in the early 1980s and Internet services in the early ‘90s. Fiberoptic cable began being installed in 1990 in their services areas and that is what is available in the Heber Valley. Mayor Turner inquired how much of Daniel is in their service plan. Mr. Walkenhorst explained All West would start slowly with expansion throughout more of Daniel as interest is expressed. subscriptions are available on their website and they will expand as they have a commitment from those wanting services. They can provide up to a gigobit in Internet speed.
Council member Glodowski asked how their prices compare to, for instance, Century Link. Mr. Walkenhorst did not have specifics on pricing but stated they must be competitive in order to stay in business.
Mayor Turner asked what is the main pro for entering into a franchise with All West. Mr. Walkenhorst stated providing a choice of companies providing services is a main one. There are franchise fees involved with entering into the franchise agreements on telephone, telecommunications, telecom, and video services. He stated the FCC does not allow franchise fees to be charged on Internet services. The low amount paid in these fees would not be considered a major source of income for a municipality.
Mr. Walkenhorst stated they are a small company with fewer than 10,000 customers and feels, as a result, the company can be adaptive, respond as needed, focus on growth in a sensible manner. He stated they install their own cable, preferably buried, and can install their conduit in the same trench as the power source in an area. They install vaults that are flush mounted, often near power transformers or service connections to a home or business.
Council member Bunker asked how many pairs they plan to install. Mr. Walkenhorst stated they use a 288-count fiber. One of the main trunk routes goes down Highway 189 to Orem, down to Salt Lake, and have fiber connectivity into Wyoming. On Highway 40 fiber is located east almost to the Daniel boundary and hope to provide connectivity to the new Daniels Canyon Elementary School in Daniel.
When asked about franchise fees associated with the franchise agreements, Mr. Walkenhorst stated he will provide the Council and Town attorney, David Hartvigsen, with several examples of cable and telecom franchise agreements for review. He provided the Mayor with historic information on the company and several business cards for interested parties. He also mentioned they put out a quarterly newsletter available on the All West website.
3) PUBLIC HEARING TO OPEN THE 2016-17 BUDGETS TO ALLOW CHANGES IN REVENUES AND EXPENSES. POSSIBLE ADOPTION OF AMENDED 2016-17 BUDGETS
Council member Bunker moved to go out of regular session and open the Public Hearing for changes to the 2016-17 budgets. The motion was seconded by Council member Glodowski and passed unanimously. The public hearing was opened.
The clerk, Lynne Shindurling, provided copies of the 2016-17 budgets to the Council showing the approved budget and the proposed amended amounts in the General Fund for the Council’s consideration.
Council member Bunker asked about the amount listed in the line item for bank charges of $284. Treasurer Price stated there are bank charges at times associated with the audit when the bank provides documents to the auditors. This charge relates to the 2016 audit.
Next the clerk provided the Water Enterprise Fund approved budget and figures for the amended budget to the Council for their review. Also, the Storm Haven budgets for 2016-17. Although the approved budget showed a deficit of over $23,000, the balance at year-end will be a positive number of around $5,000 got Storm Haven.
Mr. Waterman inquired about full-time status of Town employees and if the Council is working toward hiring additional people, as a higher number appears in the salaries and wages category of the budget. The Mayor responded the Council is aware of increasing needs and, actually, item #11 on the agenda will involve a conversation regarding employee compensation.
Council member Bunker moved to close the public hearing and go back into regular session of the meeting, which was seconded by Council member Blotter. The motion passed unanimously.
4) PUBLIC HEARING CONCERNING 2017-18 TENTATIVE BUDGETS PRESENTED ON MAY 1, 2017, ADJUSTMENT AND ACTION BY THE COUNCIL TO ADOPT FINAL BUDGETS FOR FISCAL YEAR 2018
Council member Glodowski moved to go out of regular session and open the Public Hearing for the 2017-18 budget adoption, which was seconded by Council member Bunker and passed unanimously.
The General Fund proposed budget was presented by the clerk to the Council. Council member Blotter asked about the increased salary and wages item which is more than twice that for 2017 fiscal year. Mayor Turner explained the Council had discussion at the May Council meeting of the need to increase the clerk’s salary and perhaps others moving forward.
Revenues listed for 2016, 2017 estimated, and 2018 were reviewed. The Council decided to leave the budgeted amount at $168,000.
Council member Blotter asked how the Town’s building fee schedule compares with other Towns nearby. He feels an adjustment can be made in a few areas and would like to have Ryan Taylor review them in detail. Mr. Taylor stated the data could be presented differently to provide a better understanding.
The clerk suggested adjusting the salary and wages item from $95,038 to an even $95,000 and will use the fund balance carryover adjustment provided to make the budget balance. Council member Blotter asked if data had been collected on salaries paid to like positions in other cities to come up with the $95,000 figure. Council member Bunker had provided salaries paid to Heber City employees in May. Mr. Blotter would like more research to be performed on salaries, education, and job requirements along with training to aid in coming to a conclusion on salary amounts for clerk, planner, etc.
Discussion on the Public Works Weed Chemicals line item led the Council to increase the expense to $3,000 for the next fiscal year. Wasatch County does provide some weed chemicals, depending on the grants obtained in a given year, and availability of their sprayers to residents at no cost, or will contract with individuals to have their property sprayed by County officials. The State has provided a list of noxious weeds which require some action to be taken by residents or municipalities to keep them under control. Council member Bunker is considering the purchase of a new weed sprayer, perhaps acquired with Town funds, but there are questions pertaining to storage, who can use it, maintenance, etc. He did mention the use of restricted use pesticide requires a licensed operator with a non-commercial pesticide license to spray, which license is obtained through the Department of Agriculture. Council member Blotter asked why chemical weed spray is a budgeted item if the County provides it. Council member Bunker stated they will not provide as much as is needed for Town use. Council member Blotter said he will check with the County to see how much spray can be provided to the Town before purchase is required. The chemical provided by the County is 2-4-D, non-restricted.
Next the 2017-18 budgets for the Water Enterprise Fund and the Storm Haven water fund were reviewed. Kim Norris suggested raising the repair and maintenance expense line item in Storm Haven from $15,000 to $20,000 for the next fiscal year.
Council member Blotter moved to close the Public Hearing on the 2017-18 budgets. The motion was seconded by Council member Glodowski and passed unanimously. The Public Hearing was closed and returned to regular session.
Mayor Turner read Daniel Resolution DR 2017-06-05A into the record. Council member Blotter moved to adopt the amended 2016-17 budget as recited in the resolution, which was seconded by Council member Glodowski. The motion passed unanimously and the budgets were adopted.
Next Mayor Turner read Daniel Resolution DR 2017-06-05B for the record. Council member Blotter moved to adopt the 2017-18 budgets as approved, which motion was seconded by Council member Glodowski. The motion passed unanimously and the budgets were adopted.
Council member Blotter moved to take line item #6 next out of order. The motion was seconded by Council member Bunker and passed unanimously.
6) BUSINESS LICENSE APPLICANTS
Director Bunker presented to the Council members the business renewal application for Simpson Fence. Council member Blotter asked Ryan Simpson if he had received any complaints about stored items on his property. He stated he had no complaints, nor has the Town received any official complaints. Mr. Simpson stated he has some posts and related items not used on projects in storage. Commissioner Skinner commented there appears to be stored asphalt tailings on the property. Mr. Simpson said the plan is to spread the rotomilled product in the area where it is located.
This was the only license application submitted during the month, and it was approved for renewal by the Council.
5) DISCUSSION OF FINAL COOPERATIVE AGREEMENT ON US 40 PRESERVATION CORRIDOR, POSSIBLE RESOLUTION
Mayor Turner stated Daniel Town has made great progress in the agreement terms since the agreement was first introduced and feels Daniel has the County’s support. Independence is not part of the agreement because of their lack of participation at the beginning where they missed the first five or six meetings. They wanted to make changes at the last meeting but were not allowed to do so. One provision which Council member Bunker wanted changed was that all parties have to agree to a change, not just a majority or stated percentage. But a change was not made and all in all the agreement meets the needs of Daniel. On the map attached to the agreement it shows the locations of future intersections with Highway 40, identifying where cars can enter onto Highway 40. For now there is no intention to have 3000 South continue east to intersect with the highway.
Work has begun on the realignment of 3000 South at Highway 189. UDOT will install a deceleration lane but no semaphore until the traffic count increases.
Council member Glodowski moved to accept the corridor preservation agreement on Highway 40 as modified over a series of meetings. The motion was seconded by Council member Bunker. The motion passed by the following vote: “Aye” votes from Mayor Turner and Council members Blotter and Glodowski, with a “nay” vote from Council member Bunker.
Mayor Turner read Daniel Resolution DR 2017-06-05C for the record. Council member Glodowski moved to adopt the resolution, which was seconded by Council member Blotter. The motion passed by the following vote: “Aye” votes from Mayor Turner and Council members Glodowski and Blotter, with a “nay” vote from Council member Bunker.
7) COOPERATIVE AGREEMENT WITH THE UTAH DIVISION OF FORESTRY, FIRE AND STATE LANDS UPDATE, POSSIBLE RESOLUTION
Mayor Turner stated he had had no further conversations or information from the State or Wasatch County since the last meeting. Without assurance from the County stating they are the governing body for the Fire District, the Mayor is hesitant to enter into the agreement as Daniel has no fire department nor trained firefighters. The Town must rely on support from Wasatch County Fire.
Pam Skinner asked if there is a fire, who will come to fight it? Mayor Turner explained the County would be called if a fire starts within Daniel boundaries, but if it leaves municipal boundaries and travels onto State land, the State would come to fight it. The concern comes in if Daniel Town signs the agreement and is expected to be responsible for the initial attack, the Town is not prepared to take that role. The Mayor feels there is too much ambiguity in the agreement, and thus far no one from the State or the County has stepped forward to provide clarification and answer the questions Daniel Town has. The State legislature has given the counties authority to ask for participation by municipalities in the agreement, but has changed the program greatly since its inception and is not forthcoming in how time and effort will be valued as municipalities attempt to mitigate their damages in case of a fire, nor what work toward mitigation is approved by the State. Though initially a dollar payment was attached for participation in the program, the agreement now states no direct payment can be made to the State.
As Council member Bunker reviewed questions he has on sections contained in the agreement, he mentioned a yearly report which must be sent in to the State by every municipality, also requirements of numerous rules which deal with fire training certification. The agreement asks that it be signed before the beginning of the fiscal year, which for us is July 1, fast approaching. The Mayor and Council member Bunker are concerned there are too many unanswered questions to sign the agreement.
Council member Bunker is going to ask Mike Davis at the County if they have signed on to the agreement as paragraph III(D)(3)(a) states: “For counties, the first year of Participation Commitment will be FY 2017, starting January 1, 2017.”
Council member Glodowski moved to continue discussion on the Cooperative Agreement until the July Council meeting. The motion was seconded by Council member Blotter. The motion passed by the following vote: “Aye” votes from Mayor Turner and Council members Glodowski and Bunker, with a “nay” vote from Council member Blotter.
8) PLANNING DEPARTMENT REPORT, VIOLATIONS AND ENFORCEMENT
Planning Director Bunker presented his planning report for the month which showed numerous projects underway within Daniel. Daniels Academy is doing a remodel moving a bathroom and two bedrooms upstairs. This requires a permit. The Mayor would like some answers in regards to the Health Department approval of the remodel before the Town signs off on the project.
Council member Blotter asked generally what is required in a remodel or finishing of a basement, for example. Director Bunker said when moving or adding electrical and plumbing, it has to be inspected by the building inspector. Plans are submitted to the Planning Staff for approval, generally to GDA Engineers, along with the required payment. Council member Blotter would like IT to work on the website to make instructions clearer on where submittals should be made along with payment. Director Bunker mentioned the zone change discussion is continuing to take place in the Planning Commission meetings until they’re ready to forward a recommendation on to the Town Council.
Council member Blotter asked if complaints from the public have arisen where the Planning Commission only meets once a month, which could be a holdup in a person’s building schedule for a new residence. Director Bunker stated items needing action must be placed on the agenda by the 1st of the month to be considered at that month’s Planning Commission meeting. However, the P.C. often has the Council approve action items on plans subject to completing necessary requirements under review.
Director Bunker mentioned he has sent a letter to Epic Engineering removing them from performing structural reviews on submitted plans for lack of action. Epic is still doing inspections and code checks, but GDA is looking to hire personnel to accomplish these tasks for Daniel Town as well. Epic’s lack of communication on submitted billings is concerning to the Mayor when Epic seems to be unwilling to explain or provide backup materials for individual invoices in order to receive payment.
Director Bunker also stated he will soon need a new computer.
The Council reviewed a sample letter sent by Director Bunker to a landowner who has submitted a building permit application listing items to be reviewed during the permitting process.
9) DANIEL MUNICIPAL WATER MATTERS AS NECESSARY
Council member Bunker informed the Council of passage of Senate Bill 45 requiring municipalities inform homeowners twice a year that maintenance and repair of their waterline from the meter into the house is their responsibility. He suggests this be added to the water bills for convenience.
Kim Norris stated he had a customer request notification of dates of Town Council and Planning Commission meetings each month, perhaps included on the water bills. A concern arises if you put the notice of dates in the water bills, those not on the water system are not notified. Mark McAllister suggested they can call the Town number (435-654-5062) at the first of each month to get the dates from the clerk’s office. The meeting days are listed in The Wasatch Wave each week.
Mr. Norris stated DMW had connected to the 10” waterline with an 8” line going into the Three Farms Subdivision to allow three homes to hook on, and noted the data line to the pumphouse has been raised off the ground.
As a problem in water meter reads has arisen for download into the Pelorus software for preparation of the water billings, Mr. Norris stated Master Meter would like to change the steps for water bill creation which probably would no longer require the services of Chris Anderson in the IT realm and simplify the process. Kathy Jo Percy will work with Master Meter and Pelorus individuals to effectuate the change.
10) STORM HAVEN WATER ISSUES AS NEEDED
Mr. Norris brought the Council up to speed on sewer problems which have developed within Storm Haven. There was a clog requiring jetting to break up the clog. Further problems ensued, but with the use of Roto Rooter’s services things seem to be flowing for the time being. Mr. Norris stated the pipe is 11’ deep in the middle of a street and will most likely require further action in the future.
Because the aforementioned repair cost nearly $3,000, Mr. Norris is concerned about the cost of future repairs, and absent the availability of grants, how can the Town afford to keep things functioning. Mayor Turner stated other water systems have turned to special assessments from the users to provide funds for maintenance of their systems.
Ryan Taylor stated in order to qualify for future State grants, the monthly rates will have to be increased according to a schedule he had prepared previously showing the Town’s efforts to raise needed funds and falling into a hardship level. The schedule shows water and sewer rates increased to a $66.00 base rate per month in the 2017-18 fiscal year. Current rates need to be reviewed by the Town with an increase in mind. Mr. Taylor will create an engineer’s estimate for the July meeting to see where rates need to be in order to apply for State funding. A public hearing can be set thereafter for discussion with users and presentation of the needs, as well as informing users about items that should not be flushed into a septic system. Replacement of the community septic system with individual systems by the users may have to be considered as a more cost-effective approach. Mr. McAllister asked if a septic system can be shared by two users. Mr. Taylor will have an answer next month as he prepares his estimate.
Mr. Norris reported two backflow reads at two meters this past month. He would like to install a resetter on the existing setters where the backflow has occurred.
Council member Bunker asked if the chlorine residual shown as absent is normal on the analysis of water samples. Mr. Taylor stated all of the reports do read the same showing the residual is absent.
11) DISCUSSION OF EMPLOYEE SALARIES
Mayor Turner asked the Council how they want to proceed on this subject. Pam Skinner suggested looking at amounts paid by other neighboring cities and towns for the positions under consideration by Daniel. Council member Blotter stated not only look at salaries, but duties and qualifications, required skills and education. Many of the Daniel employees handle multiple job tasks. Kim Norris suggested benefits need to be included with the salary to obtain long-term employees looking to increase their pensions. He does not feel Daniel Town is of sufficient size yet to increase compensation and benefits needed to hire employees for the long term.
Ms. Skinner stated perhaps staff members who can be hired at a lesser wage can perform duties to lessen the burden of the Planner. Mr. McAllister suggested making a list of priority employees needed who are salaried and compare them to other smaller cities in the area. This becomes difficult when you can’t find all duties performed or qualifications of the specific people performing them in other cities. Shelly Bunker said the ULCT handbook could perhaps be used as a basis for duties. Ms. Skinner does not want to narrow the duties of an individual to the point of becoming burdensome for the Town. There has to be a lot of flexibility in positions. Council member Blotter stated interns could be used for less money in some of the positions.
Mayor Turner would like to continue the discussion in July of compensation for employees, what the Town needs and wants for money expended. Council member Bunker mentioned some cities have a Planner, but others use the County offices to facilitate their planning needs.
12) APPROVAL OF MINUTES OF MAY 1, 2017
Council member Bunker moved to approve the May 1, 2017 minutes as presented. Council member Glodowski seconded the motion which passed with the following vote: “Aye” votes from Mayor Turner and Council members Bunker and Glodowski, with an abstention from Council member Blotter.
14) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENT, ETC.
The clerk presented to the Council the May warrants. The only change was deletion of payment to Council member Bateman as he did not attend the meeting.
Council member Glodowski moved to approve the warrants as presented, which was seconded by Council member Blotter. The motion passed unanimously.
Council member Glodowski moved to adjourn the meeting, which was seconded by Council member Bunker. The motion passed unanimously, and Mayor Turner adjourned the meeting at 9:30 PM.