Daniel Town Council Meeting
Monday, February 6, 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, and Chip Turner were present at 5:31 PM when Mayor Duggin called the regularly scheduled meeting to order, and Council member Jon Blotter arrived almost immediately after. Council member Kasey Bateman was absent. Recorder Merry Duggin was present to record the minutes. Treasurer Sherri Price was present briefly at the beginning of the meeting.
Members of the public in attendance: Lambert Deegan, Ryan Taylor, Teri Welch, Tom Rawlings, John Glodowski, Kim Norris, and Gary Weight signed the roll as present.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
No public comment was offered.
2) APPROVAL OF MINUTES FOR JANUARY 2, 2012 MEETING AND PUBLIC HEARING
Council member Blotter had not reviewed the minutes prior to the meeting, and his vote was required for the approval. Approval of these minutes was tabled until the March 5 meeting.
3) DISCUSSION AND CONSIDERATION OF A REQUEST BY DANIELS ACADEMY FOR A REASONABLE ACCOMMODATION TO INCREASE FROM 8 TO 16 RESIDENTS. POSSIBLE APPROVAL OF RESOLUTION 2012-02-06A TO APPROVE THE ACCOMMODATION.
Council member Bunker asked if the Town needed a resolution on this issue. He wondered if a motion would suffice. Council member Turner asked if an accommodation would apply to anyone else besides the applicants. Mayor Duggin responded that the resolution applied to only the applicants. He then read Resolution 2012-02-06A which would approve the accommodation from 8 to 16 students for Daniels Academy and modify their business license to reflect the increase.
Council member Bunker responded that he was not ready to modify the business license and believed that a letter granting the reasonable accommodation would suffice without violating our Town code. Mr. Bunker then read a prepared statement (which is attached to these minutes stating his position and the reasons for it. He ended his statement with the following motion.
“I move that we approve the reasonable accommodation to Justin and Janet Robinson for an additional 8 students, that this reasonable accommodation goes with the applicant and not L&C Holding, lc. (Sic) or Daniel Academy or its Town License.
Should the Robinsons discontinue to manage or the license of Daniel Academy expire or be revoked, or fail to meet the requirements of licensure, the residential facility for persons with disability and the reasonable accommodation would expire and be void. The use would immediately discontinue for all persons of the residence and a single family dwelling would resume with all applicable rules.”
After a second of the motion from Council member Turner, Mayor Duggin asked for a vote. The motion passed with the following vote: Duggin, aye; Bunker, aye; Turner, aye; Blotter, nay.
Council member Bunker will write the letter granting the reasonable accommodation to the Robinsons.
4) DISCUSSION CONCERNING A CONDITIONAL USE PERMIT FOR THE LDS CHURCH TO BE BUILT AT APPROXIMATELY 2295 S. DANIELS RD.
Council member Bunker reminded the Council of the public hearing concerning this conditional use permit scheduled to be held on February 16 before the Planning Commission and asked for discussion concerning any issues of concern to the Council members. A few issues mentioned included sidewalk standards, retainage areas for storm runoff water, and successful subdivision of the property to be built on.
5) POSSIBLE ADOPTION OF A FINE/BAIL FORFEITURE SCHEDULE TO BE USED BY THE WASATCH COUNTY JUSTICE COURT FOR SENTENCING IN TOWN OF DANIEL CASES
Mayor Duggin informed the Council that the Wasatch County Justice Court has requested that Town of Daniel adopt a schedule of fine/bail forfeiture to be used in sentencing defendants if they are found guilty of Town of Daniel ordinances by that court. He presented a multi page document that has been approved by the State of Utah and is currently being used by the Wasatch County Justice Court. Council member Bunker indicated that he would like to review this document before the Council makes a decision and requested that this issue be tabled for a future meeting.
6) DISCUSSION CONCERNING PARAMETERS OF NEGOTIATIONS CONCERNNG A POSSIBLE INTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES
Mayor Duggin asked the Council’s opinion on what level of services the Town needs. Council member Turner would like to keep animal control officers out of the Town as much as possible, and Council member Bunker’s opinion is that most of the time neighbors can work together to solve problems. Many of our needs are currently being met by Wasatch County sheriff’s officers responding to large animal problems.
Tom Rawlings spoke of his experience with cattle belonging to his neighbors that trespass on his property, and the neighbors don’t feel compelled to fix the problem. He also asked why the Town would not want a leash law. Council member Bunker responded that many residents have working dogs that are off leash when working, and this would be a violation of a leash law.
Lambert Deegan felt that most of the animal issues are nuisances that should be handled by an enforcement officer if the neighbors did not work out the problems between themselves
Council member Turner and Mr. John Glodowski offered their opinion that whoever called for assistance might possibly be held liable for costs. Mayor Duggin noted that the discussion of these issues is just beginning, and he will meet with officials for Wasatch County to compare their needs with those of Town of Daniel.
7) COMMITTEE REPORTS
PLANNING: A permit for an agricultural building has been issued for the Jacobsen property on the corner of Big Hollow Rd. and 3000 South. Council member Bunker also reported that several residences within the Town have open building permits that were issued by Wasatch County Building Department in our early days of incorporation. These residences still require a final inspection, and he has asked Wasatch County personnel to complete these inspections and bill the owners directly.
DANIEL MUNICIPAL WATER: Several leaks have been caused by the freezing weather and thin snow cover.
FEMA/STORM HAVEN CULVERT REPAIR UPDATE: FEMA has not responded yet to our request for additional funding to complete the northern culvert repair, and the Town has not awarded that bid. Mayor Duggin informed the Council that a private sewer line had been discovered in the Town’s right of way when replacing the southern culvert and required additional work on the contractor’s part. The change order request was for more than $5,000, and Mayor Duggin asked the Council for approval to pay that amount. The Council determined that if the Town disturbed the line, the Town should be required to fix it and approved the expense.
8) RECORDER’S OFFICE; WARRANT APPROVAL, POSSIBLY SCHEDULE REQUIRED ANNUAL OPEN AND PUBLIC MEETING TRAINING, UPDATES ON ISSUES OF INTEREST TO THE DANIEL TOWN COUNCIL
After Recorder Merry Duggin presented the warrants for approval, Council member Blotter moved to approve them as presented. After a second from Council member Turner, the Council unanimously approved payment.
Council member Blotter moved to schedule the annual open and public meetings training at the March 5 Council meeting, and Council member Bunker seconded the motion. The Council voted unanimously for this motion.
A letter has been sent to the Heber Light & Power Board condemning their actions in approving unwarranted payments in lieu of health insurance to themselves. Recorder Merry Duggin reported on the meeting held by the Board on January 25 which many residents attended and spoke to voice their disapproval.
9) ADJOURN
Council member Turner moved to adjourn. After a second from Council member Blotter and a unanimous vote by the Council, Mayor Duggin adjourned the meeting at 6:45 PM.
Merry Duggin,
Recorder