Town of Daniel
Daniel Town Council Meeting
April 5, 2010
Wasatch County Services Building
Room 132
55 South 500 East
Heber City, Utah
5:30 PM
Quorum present: Mayor Michael Duggin, Council members Eric Bunker and Chip Turner and Kasey Bateman. Council member Jon Blotter was not present at the beginning of the meeting, but he arrived at 5:44 PM. Recorder Merry Duggin was present to record the minutes.
Mayor Duggin called the regularly scheduled meeting to order at 5:36 PM.
Members of the public in attendance: Lambert Deegan, Jeremy Keele, Norm Sperry, Gary Weight, Barry Hobbs, Mike Ashby, Jaye Binkerd, Coleen Nielsen, Tammy Graham, Doug Murdock, Launa Nielson, Kim L. Norris, Chris Anderson, Scott Binkerd, and John Crofts.
Though not on the agenda, Mayor Duggin recognized Ms. Jaye Binkerd to speak concerning Emergency Medical Services in Wasatch County. Ms. Binkerd informed the Town Council that the Wasatch County Manager Mike Davis and the Wasatch County Council are discussing possible changes to EMS (perhaps turning over control of EMS to the Wasatch County Fire Special Service District). Ms. Binkerd did not see a need to merge the EMS with the Fire District and would like to know the plan details before changes are made. Ms. Binkerd asked the Town Council members to communicate their concerns to Wasatch County Council members before a scheduled meeting on April 7 at 5 PM is held.
Ms. Stephanie Woolstenhulme took the podium and outlined the qualifications and dedication of our EMS providers (which are outstanding), and she shared her opinion that a merger might compromise service to county residents.
Dr. Doug Murdock, director of EMS and trauma director at Utah Valley Regional Medical Center, informed the Council members that our current EMS provides a higher level of care than the EMTs of the Wasatch Front provide. He said that he hoped to keep EMS a separate entity, but he would do what will provide the best service to county residents. He is presenting to the County Council at 5PM on April 7 and hoped that members of our Council could attend that meeting.
PUBLIC HEARINGS
John Crofts, a state of Utah representative for the National Flood Insurance Program (NFIP), who provides technical resources to help communities to be in compliance with the Federal Emergency Management Agency (FEMA), was invited to speak. Mr. Crofts informed the Council that FEMA would like communities to agree to manage flood plain areas designated on FEMA Flood Plain Maps so that those areas can be developed under certain conditions to minimize damage that might be caused by flooding. Property owners may be required by their lenders to purchase flood insurance, but if the Town does not participate in NFIP, it might be more difficult for those owners to purchase the insurance. If the Town does participate, the residents can purchase these policies at a “preferred rate”. The Town also would receive financial assistance up to 75% of public infrastructure damaged by flooding without paying a premium. FEMA encourages towns to participate by passing ordinances to regulate flood plain development before the maps become “effective”, and residents will receive a lower rate for insurance once the ordinance is in effect.
Mr. Crofts responded to questions from Mr. Mike Ashby, Barry Hobbs, and Gary Weight with the following information: The date that the maps become “effective” is not yet clear, but we don’t expect the map for Daniel to change much. Insurance can be purchased through local agents, and the rates are based on flood risk. The maps may possibly be amended by residents providing elevation studies (performed by an engineer) determining the flood risk of their properties. These studies should be submitted to FEMA before the maps are determined “effective” by FEMA, but it is not impossible to change the flood plain map at this point. Individual property owners have the burden to prove that flooding on their property is not a problem.
In response to Mayor Duggin asking for a motion, Council member Bunker moved to open the public hearing for the FEMA Flood Plain Ordinance and map at 6:51 PM. The motion was seconded by Council member Turner. The vote was unanimous to open the public hearing.
Mr. Barry Hobbs thinks that the map may be inaccurate as it shows a portion of his property incorrectly in the flood zone, and he believed that if he wanted to develop his property, this could be a problem. Mr. Crofts responded that areas can be developed by bringing in fill and elevating flood risk areas, and the development standard of raising the site to 1 foot above the flood risk area is to limit liability to the Town and is a conservative measure.
Ms. Jaye Binkerd commented that passing the ordinance does not stop property owners’ ability to request map modification. Mayor Duggin stated that the Town will benefit from FEMA assistance.
Mr. Gary Weight commented that the ordinance should actually make things better for our property owners, but he wondered if the map is completely valid. The gravel pit area is prone to flooding but is not designated as such.
Council member Bunker asked if an agricultural building would require a flood plain study since we require an owner to have a permit for these buildings. Mr. Crofts responded that we don’t want to build in a flood plain even if it is only a barn. Damage to a barn would not be good for the Town or for the property owner. Town Engineer Ryan Taylor commented that we are already checking this map when a permit is requested by a property owner.
Council member Turner moved to close the public hearing, and the motion was seconded by Council member Blotter. The vote was unanimous to close the public hearing.
Mayor Duggin read Daniel Ordinance 2010-04-05 and asked for discussion from the Council. Council member Bunker informed the Council that due to lack of information and unanswered questions the Daniel Planning Commission could not make a recommendation concerning this ordinance. Then Mr. Bunker moved to table the ordinance consideration until the next meeting. This motion died for lack of a second.
Council member Turner asked Mr. Bunker what information he still needed, and Mr. Bunker responded that he would like to “check the CFRs” (a reference to the Code of Federal Regulations cited in the ordinance). Mayor Duggin commented that he could not find any negative consequences to passing the ordinance, and on the contrary, the Town is in a negative position by not passing it.
Council member Blotter moved to accept the ordinance. The second was made by Council member Bateman. There was no further discussion, and the motion passed by the following vote: Duggin, aye; Blotter; aye, Bateman, aye; Turner, aye; Bunker, nay.
Mayor Duggin then read Daniel Resolution 2010-04-05A providing for cooperation with FEMA. Council member Bunker asked who would be responsible for the noticing that is required by the resolution. Mayor Duggin responded that the Town Engineer would have that responsibility. Council member Turner moved to accept DR 2010-04-05A. The motion seconded by Council member Blotter passed by the following vote: Duggin, aye; Bateman, aye; Blotter, aye; Turner, aye; Bunker, nay.
2) CDBG SECOND PUBLIC HEARING
Council member Blotter moved to open the second CDBG public hearing. This motion was seconded by Council member Bateman. The motion passed by a unanimous vote at 7:15 PM.
Mayor Duggin opened the second public hearing for the CDBG program. Mayor Duggin stated that this hearing was called to allow all citizens to provide input concerning the project that was awarded under the 2010 Community Development Block Grant Program. The town has amended its capital investment plan and decided to apply for funds on behalf of the Daniel Municipal Water culinary water system to replace and upgrade water lines along our public streets particularly Little Sweden Road and Daniel Road. The mayor announced that he is the project manager for the replacement line project. The Mayor explained that the application was successful in the regional rating and ranking process and announced that the initial award has been increased from $190,000 to $290,835. The Mayor then asked for any comments, questions and concerns from the audience. There were no questions from those present, and the Mayor stated that the construction on our new tank or new pump house would begin in the next week. The Mayor stated that copies of the capital investment plan are available if anyone would like a copy. There were no more comments, and the hearing was adjourned at 7:30 PM.
Council member Blotter moved to close the public hearing, and Council member Bateman seconded the motion. The vote was unanimous to close the public hearing.
3) PUBLIC HEARING—COMMENT FOR OR AGAINST PROPOSED AMENDMENTS TO THE TOWN OF DANIEL BUDGET FISCAL YEAR 2009-10 AND CONSIDERATION OF PROPOSED BUDGET AMENDMENTS BY DR 2010-04-05B
Council member Blotter moved to open the public hearing. With a second by Council member Bateman, the motion passed by a unanimous vote.
Recorder Merry Duggin presented proposed amendments to the Fiscal year 2009-10 budget approved on August 10, 2009 explaining that Utah State Statutes require that a public hearing must be held and a resolution must be approved by the Town Council to accommodate any changes in the budget for the current fiscal year. The proposed changes included a modest increase in the funds appropriated and a few minor adjustments to line items. There were no questions or comments from the public or the Town Council. Council member Blotter moved to close the public hearing. The motion was seconded by Council member Turner. The council voted to close the public hearing by a unanimous vote.
Mayor Duggin read Daniel Resolution 2010-04-05B approving the proposed amendments. Council member Blotter moved to approve the resolution. Council member Bateman seconded the motion. There was no discussion, and the motion carried with a unanimous vote.
A copy of the resolution and amended budget is attached to these minutes.
4) COMMITTEE REPORTS :
DANIEL MUNICIPAL WATER reports that one customer has a large outstanding balance and is currently not complying with his payment agreement and is falling farther behind on his account. Council members Bateman, Turner and Blotter would like to be assured that we have given every chance to this customer to work with Daniel Municipal, but they agreed that we should have a written agreement for compliance with this customer. The Council agreed that if the customer will not comply once he signs a written agreement, then the service should be turned off and the entire fee will be due and paid before the service will be turned back on. A letter will be written and approved by the Council members (by email) before it is sent or delivered to the customer.
Engineer Ryan Taylor led a discussion about a recharge valve for our well which would allow us to “bank” water in the winter months of low water use to be used in the summer months when needed, but it is an expensive piece of equipment. It was decided that Mayor Duggin and Mr. Taylor would meet with the State engineer’s office staff and solicit their input, but if that information is favorable, then we should move ahead with our plan to pursue water banking. The mayor will email information after the meeting with the State Engineer to the Council members.
PLANNING– Planning Director Eric Bunker informed the Council that the Sundance Academy is submitting an application and site plan for their proposed project at 1766 E. Little Sweden Road. He pointed out that this parcel does not contain 5 acres and is considered a non conforming lot. Mr. Bunker will send a letter to this group advising them of the process for applying for conditional use permits within the Town. Mr. Bunker also presented information about UDOT improvements that will affect our area in the next few months.
RECORDER’S OFFICE—Recorder Merry Duggin reminded the Council members that the 2010 Census questionnaires should be returned as soon as possible and asked them to encourage our residents to respond promptly. She also requested and received permission to schedule the statutorily required 2010-11 fiscal year budget public hearing for our regularly scheduled meeting on June 7 and asked the Council members to submit any budget requests and department budget information before the May 3 meeting. The tentative budget will be presented at the May 3, 2010 meeting.
6) APPROVAL OF MINUTES MARCH 1, 2010 MEETING
Council member Turner moved to approve the minutes as presented. Council member Bunker seconded the motion, and the Council approved the minutes by a unanimous vote.
7) ADJOURN
Council member Turner moved to adjourn, and Council member Blotter made the second. With a unanimous vote to adjourn, Mayor Duggin adjourned the meeting at 8:55 PM.
Merry Duggin,
Recorder