Town of Daniel
Town Council Meeting Minutes
December 1, 2008
Wasatch County Services building
Room 132
55 South 500 East
Heber City, Utah
5:30 PM
This regularly scheduled meeting was called to order by Mayor Michael Duggin
at 5:30PM.
Quorum present: Mayor Mike Duggin, Council members Heather Bateman, Jon Blotter, Eric Bunker, and Gary Walton. Recorder Merry Duggin was present to record the minutes.
Members of the public signing as being in attendance: Lambert Deegan, Ed Pressgrove, Lillian Meredith, Barry Hobbs, Lorie Hobbs, Teri Welch, Ed Callahan, John Hines, Gary Weight, Ron Hinckley, Kevin Distefano. The Recorder noted others present who did not sign the roster.
Mayor Duggin opened the meeting with Agenda item 7. APPROVAL OF MINUTES OF NOVEMBER 17, 2008 MEETING.
The motion to accept the minutes with one correction noted was made by Council member Bunker and seconded by Council member Walton. There was no discussion, and the motion to accept the minutes with the correction suggested by Council member Bunker passed by a unanimous vote.
- CLOSED SESSION TO DISCUSS PENDING LEGAL MATTERS
Council member Walton moved to go into closed session to discuss information provided by our attorney. The second was made by Council member Blotter, and the vote was unanimous to go into closed session at 5:40 PM.
- CONSIDERATION OF AN ORDINANCE TO AMEND DANIEL MUNICIPAL CODE 8.05.03 TO ALLOW “Therapeutic Boarding School” AS A CONDITIONAL USE IN THE P(PRESERVATION) 160 ZONE AND TO AMEND DMC 8.04.02 DEFINITIONS TO ADD “Therapeutic Boarding School”
This matter had been continued from the November 17, 2008 Town Council meeting. The motion to come out of closed session and back into open session was made by Council member Blotter and seconded by Council member Bateman. The vote was unanimous. The meeting was called into open session at 6:25 PM by Mayor Duggin. Mayor Duggin read the proposed ordinance and asked for discussion. Council member Blotter noted that Daniel Town needs to accommodate persons with disabilities, but in his opinion this code change did not fit into Daniel Town’s General Plan which was written to keep good order, morals, and a rural atmosphere in the whole Town including the P160 zone. Mayor Duggin commented that this ordinance would allow a “therapeutic boarding school” as a conditional use which would be superior to the school’s current designation. Council member Walton moved to deny the code change in the P160 zone. Council member Blotter made the second. There was no further discussion, and Mayor Duggin called for the vote which was recorded as follows: Bunker, aye; Walton, aye; Mayor Duggin, no; Blotter, aye; Bateman, no. The motion carried, and the code change was denied. The ordinance to change the Daniel Municipal Code failed.
- DISCUSSION OF ACQUISITION AGREEMENT BETWEEN DANIEL TOWN AND DANIEL DOMESTIC WATER COMPANY AS A MUNICIPAL WATER SYSTEM FOR THE TOWN OF DANIEL.
Mayor Duggin read ordinance DO 2008-12-1 providing that the Daniel Town Council approve the acquisition of the Daniel Domestic Water Company and authorizing the mayor to execute the Acquisition Agreement between Daniel Domestic and Daniel Town.
Mayor Duggin called for discussion. In response to Council member Blotter’s question about a water master, Mayor Duggin stated that the Town Council will appoint a water board consisting of many of the same people already in place in the system. The mayor noted that the volunteer basis of operation that the water system has been using will have to be replaced by paying people more for their work. The system needs upgrades, and the costs will necessarily increase, but the mayor noted that applying for grants and low cost loans will assist in the cost of the improvements.
Dr. Hinckley asked if there was cost to the Town to approve this acquisition. The mayor responded that there is no cost involved in the acquisition process, but there could be substantial cost to the Town in the future. The CDBG proposal is due on Dec. 5, and we hope to receive a grant to begin some improvements. Epic Engineering has developed a Capital Facility Plan for Culinary Water which will prioritize needs of the system, and the Town will take its time in setting up the rules and implementation of the Plan.
Lambert Deegan suggested that one of the water board members (of 5) should be a person who is not on the system who could represent those members of the Town that are not currently Daniel Domestic customers.
Dr. Hinckley asked if this acquisition was in the best interest of the Town. Council member Bunker responded that he felt that this acquisition was absolutely necessary for the future development of the Town.
Council member Blotter moved to accept the agreement, and Council member Bunker made the second. Mayor Duggin asked for a roll call vote: Bunker, aye; Walton, aye; Mayor Duggin, aye; Blotter, aye; Bateman, aye. Ordinance DO 2008-12-1 accepting the Daniel Domestic Water Company as a municipal system passed by a unanimous vote.
- CORPORATE SEAL
Recorder Merry Duggin was unable to gather the information necessary for action on this agenda item and requested that this issue be postponed to a later date. She did give information about corporate seals and showed examples of seals of other municipalities to Council members. There was also some discussion about town logos. No action was taken.
- BUSINESS LICENSE APPLICANTS
No applicants were present.
- COMMITTEE REPORTS
PLANNING–Planning Chair Eric Bunker reported that planning has issued red tags on two projects. One permit was issued for a shop. And Daniel town has been approached by a landowner for possible annexation of property located across Hwy 189 which might consider annexing into Daniel Town as commercial property.
CDBG—Council member Blotter reported that the proposal is due on Friday, but he hoped to submit our application on Wednesday December 3. He hoped Daniel Town would be granted $300,000 which would be used to develop the Daniel water system. Daniel Town has qualified as a low to moderate income community.
- ADJOURN
Council member Bunker moved to adjourn. Council member Bateman made the second, and the Council voted unanimously to adjourn. Mayor Duggin adjourned the meeting at 7:10 PM.
Merry Duggin,
Recorder