Town of Daniel
Special Town Council Meeting Minutes
April 13, 2009
Wasatch County Services building
Room 132
55 South 500 East
Heber City, Utah
6:00 PM
This specially scheduled meeting was called to order by Mayor Michael Duggin at 6:15 PM
Quorum present: Mayor Mike Duggin, Council members Heather Bateman, Eric Bunker, Gary Walton, and Jon Blotter.
Also present were Kim Norris, Lynn Crisler, Keith Bates, Darwin McGuire, Chris Anderson, and Ryan Taylor.
Town Recorder Merry Duggin was present to record the minutes.
1) DANIEL MUNICIPAL WATER SERVICE CUT OFF LETTER, DISCUSSION AND APPROVAL BY THE TOWN COUNCIL
Mayor Duggin informed the Town Council that some of the Daniel Municipal water customers are several thousand dollars in arrears. He quoted UCA §10-5-16 which provides for cutting off service. He had called Heber City and Midway offices to ask what they do in the case of unpaid water bills, and those municipalities do not allow their customers to put off paying their water bill. In case of disconnection, the customer must pay a reconnection fee to have their service reconnected in addition to the charges that they owe. Chris Anderson stated that our water attorney said that there should be no legal problem in cutting off service.
Council member Bunker felt that hardship cases should be able to come before the Town Council to discuss their cases, but Mr. Anderson felt that the Town Council should define what a “hardship” is even before the letters were sent out to those in arrears and not paying. Council member Walton was uncomfortable in deciding who has a hardship, but he stated that the customers had already received 2 notice letters and that the water company should uphold its policy. Council member Bunker stated again that he felt those people receiving notices of cut off should have the ability to appear before their elected officials if they feel that they have a hardship and cannot pay their charges. Any special agreements and terms for payment made between these appellants and the Town Council should be in writing so that each party would understand what obligations they agreed to adhere to.
Mayor Duggin presented three drafts of a cut off notification letter which the Town Council members discussed, and a final letter was drafted by the Town Council. The letter notifies the recipient of a shut off date and informs the recipient that payment in full must be received prior to the shut off date to retain service. In addition to payment if full, a $50.00 reconnection fee will be required to restore water service in the case of disconnection. This letter notifying customers of water service cut off on May 1, 2009 will be sent by registered mail to the 8 water customers which were listed as delinquent and not paying on their water bills. This list of 8 customers was presented to the Town Council by the Water company officers. It was decided by the Council that Mr. Lynn Crisler’s phone number should be on the letter, and anyone wishing to discuss his/her problem should call him. He would have the authority to direct them to the Town Council if a water customer has a “hardship”. Payments should be directed to Ms. Joyce Anderson, and she should refer any problems to Mr. Crisler to handle. Payment would be considered made when a check clears the bank. It was also decided that Mr. Crisler would not shut off water service on May 1 if he directed a “hardship” customer should come before the Town Council on May 4, 2009 at their regularly scheduled meeting. The Council will hear each situation and consider terms for payment. The Recorder will keep written records of any agreements made between the Council and the water customers.
Council member Bunker moved that this cut off notification letter allowing a 15 day shut off notice should be sent by registered mail with return receipt requested when a Daniel Municipal water customer has missed 2 payments. The motion was seconded by Council member Walton, and the Council passed the motion with a unanimous vote.
Council member Blotter moved to go into closed session. Council member Bunker seconded the motion, and the Council voted unanimously to go into closed session at 7:30 PM to discuss pending litigation.
After coming back into open session at 8:58 PM, Council member Bateman made a motion to adjourn which was seconded by Council member Bunker. The vote to adjourn was unanimous, and Mayor Duggin adjourned the meeting at 8:59 PM.
Merry Duggin,
Recorder