Daniel Town Council Meeting
Monday, April 2, 2012 at 5:30 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, UT
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, Kasey Bateman, and Jon Blotter were present at 5:30 PM when Mayor Duggin called the regularly scheduled meeting to order. Council member Chip Turner was absent. Recorder Merry Duggin was present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance: Ryan Taylor, John Glodowski, Teri Welch, Lambert Deegan, Robert Armstrong, Joyce Anderson, Gary Weight, and Gary Walton.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
There was no public comment.
2) APPROVAL OF MINUTES FOR MARCH 5, 2012 MEETING
Council member Bunker moved to approve the March, 2012 minutes as presented. The motion was seconded by Council member Blotter, and the following Council members voted to approve the minutes: Bunker, Bateman, Duggin and Blotter. Council member Turner was absent from the meeting.
3) WEST STAR SUBDIVISION LOT LINE ADJUSTMENT RECOMMENDATION FROM PLANNING. OWNER ROB ARMSTRONG REPRESENTED BY SUMMIT ENGINEERING.
Mr. Robert Armstrong was present, but Ryan Taylor presented the lot line adjustment plan to the Council instead of Summit Engineering. This 3 lot subdivision located on 3000 South had previously had 2 property owners: Rob Armstrong (5 acres), Jon Blotter (5 acres) and an adjoining property of Mary Knowles (10 acres). Mr. Armstrong has purchased the Knowles property and proposed an adjustment to the property lines to still retain 3 lots, but with the following configuration: Rob Armstrong (approximately 9 acres), the former Knowles property at approximately 6 acres, and the Blotter property unchanged. Council member Blotter informed the Council that he had a possible conflict of interest since he did own this property.
Mayor Duggin commented that the Armstrong property is a flag lot, and Town of Daniel does not have an ordinance allowing flag lots. He suggested that the Town should soon address the flag lot issue for future development, but he did not see how the approval of this lot line adjustment would change the current use of this property in any way. Council member Bateman noted that the fire department would need to access the property, and Council member Bunker stated that the Armstrong property already has in place a 60 foot easement for access to the property. This was required when Wasatch County first approved the subdivision.
Council member Bunker informed the Council that the Planning Commission does not have the authority to approve a flag lot property development, based on the fact that the Town does not have a flag lot ordinance.
Council member Blotter moved to approve the proposed lot line adjustment, and Council member Bateman seconded the motion. The motion was approved by the following vote: Bunker, aye; Bateman, aye; Blotter, aye; Duggin, aye.
3) PRESENTATION OF FY 2011-12 UPDATE BY MERRY DUGGIN, CLERK/RECORDER AND DISCUSSION OF 2012-13 BUDGET AND DIRECTION COUNCIL WOULD LIKE TO CONSIDER ON FUTURE TAXATION AND SERVICES
Ms. Duggin presented to the Council a third quarter update on the current fiscal year budget noting that the sales tax and property tax revenues are more than was expected.
In discussion, Council member Bunker asked about funding for weed control. Mayor Duggin responded that he has been spraying weeds using his own equipment and chemicals that he either purchased or received from Wasatch County. Mr. Bunker believed that the Town should be including this expense in the budget. Mr. Gary Weight also asked if the Town is responsible for spraying the Town’s rights of way and felt this should be addressed in the budget. Council member Bunker also requested that funding for Planning Commission training be retained in the budget though no expenses in that category have been incurred in this year’s budget as of April 2012. Mr. Bunker then suggested that if the Town is considering buying any property for the public’s use, this would be a good time to be setting aside funds for that purpose. Council member Blotter pointed out that no municipal elections will be held in 2012-13, and that item was removed from budget discussion.
Ms. Duggin mentioned that Wasatch County is considering hiring a weed enforcement officer which Wasatch County would ask all municipalities to contribute toward, and this item might be added to the budget. The Council voiced some concern over the authority and power of such an officer within the Town boundaries. Ms. Duggin also mentioned that the Council would need to consider establishing a capital improvement fund for roads should the Town have more than the statutorily allowed percentage of funds in its accounts at the end of the fiscal year. It will be difficult to determine how much will be spent on road repair and maintenance until the Council considers the final budget in June.
Later in the meeting, Mr. Lambert Deegan asked about the amount budgeted for legal expenses. Mayor Duggin responded that the Town is looking into the Jordanelle sewer plant issue and considering litigation in that matter.
Turning to the Water Enterprise budget update, Ms. Duggin informed the Council that the revenue funds set aside by Daniel Municipal Water should enable the system to keep its rates at the current level and sees no reason to raise rates for some time. Items affecting the budget would be number of connections gained and fees charged new customers over the next year. Mayor Duggin suggested that the Town should consider approving a commercial water service rate and have that in place for future customers.
Ms. Duggin noted that lab testing expenses for Daniel Municipal Water will be somewhat higher than expected at least over the next fiscal year due to Drinking Water requirements for testing of the new well.
The tentative budget will be presented to the Council at the regular May meeting.
5) ANNUAL OPEN AND PUBLIC MEETING TRAINING
As required by Utah Code §52-4, Ms. Duggin presented the annual Open and Public Meetings Act training. Each Council member and those present received a handout of the highlights of the law.
6) DANIEL MUNICIPAL WATER ISSUES: WATER METERS, ETC.
Mr. Ryan Taylor, town engineer with Epic Engineering, informed the Council that the bids for the new water meters have not been opened, and the deadline for submission has been extended to Wednesday, April 4 at 1 PM. Due to the time constraints for appropriating funding, Mr. Taylor asked the Council for permission to allow the Daniel Municipal Water personnel along with Mayor Duggin to make a decision concerning the meters once the bids have been opened. Council members Blotter and Bunker indicated that they would like to be included in the decision, and they asked that information be provided to them through email and/or by phone during the decision process.
Council member Bunker provided information regarding the new EPA regulations governing the 2012 Reduction of Lead in Drinking Water Act which will have some bearing on the new water meter decision.
7) PLANNING REPORT
Council member Bunker reported that the Planning Commission has recommended that the Town take no action on the requirement to coincide with Heber City’s road width requirements along Daniel Road. No action is required by the Council.
He also reported that the Town has had an inquiry concerning a caretaker dwelling, and the Planning Commission is close to making a recommendation to the Council concerning “reasonable accommodation”.
8) RECORDER’S OFFICE; WARRANT APPROVAL
After Recorder Merry Duggin presented the warrants for approval, Council member Blotter moved to approve them as presented. After a second from Council member Bateman, the Council members voted to approve the warrants by the following vote: Bunker, aye; Blotter, aye; Duggin, aye; Bateman, aye. Council member Turner was absent.
9) ADJOURN
Council member Bateman moved to adjourn. After a second from Council member Blotter and a unanimous vote by the Council members present, Mayor Duggin adjourned the meeting at 6:45 PM.
Merry Duggin,
Recorder