Daniel Town Council Meeting
Monday, January 3, 2011 at 5:30 PM
Wasatch County Services Building, North Conference Room
55 South 500 East, Heber City, UT
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, Kasey Bateman, Jon Blotter, and Chip Turner were all present at 5:43 PM when Mayor Duggin called the regularly scheduled meeting to order. Recorder Merry Duggin was present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance: Ryan Taylor, Kim Norris, Lambert Deegan, Darwin McGuire, Gary Weight, and Darin Bunker.
1) PUBLIC COMMENT: Mr. Darin Bunker stated that there are still no location flags posted on the new fire hydrants. Mr. Ryan Taylor told the Council that he would be working on getting location posts in place as soon as possible.
2) PRESENTATION OF TOWN OF DANIEL FINANCIAL AUDIT AND SINGLE AUDIT FOR FISCAL YEAR 2009-10 BY BEN PROBST, CPA.
Mr. Ben Probst, CPA of Gilbert and Stewart accounting firm informed the Council that the audit findings of our audit of FY 2010 ending June 30, 2010 showed a clean opinion of our Town finances, the highest opinion that could be earned. There are some “significant deficiencies”: 1) As a small town we are able to hire only a small number of people to perform all of the necessary town functions. The Town Council must continue to take responsibility for oversight of our financial transactions. 2) We must continue to develop expertise in performing oversight functions. 3) We must make adjustments in our accrual basis of accounting.
The single audit performed by Gilbert & Stewart also had no findings of misuse of funds. Mr. Probst will report the findings of both audits to State of Utah and other agencies awaiting these results.
3) DISCUSSION OF CERTIFIED TAX RATE AND APPROVAL BY
DANIEL TOWN COUNCIL OF THE CERTIFIED TAX RATE APPLIED IN 2010.
Recorder Merry Duggin explained to the Town Council that due to the number of residents requesting appeals of their property tax valuations, the certified tax rate rose this year even though the total amount of property tax requested in the Fiscal Year 2011 budget was decreased. The new rate of 0.000846 must be recognized and approved by the Council. Mr. Lambert Deegan asked if the new rate would require a Truth in Taxation public hearing, and it was explained that the actual amount of revenue requested declined, and a public hearing was not required. Mayor Duggin asked for a motion. Council member Blotter moved to approve the certified tax rate. Council member Bateman seconded the motion, and the Council approved the tax rate with a unanimous vote.
4) DISCUSSION OF OMBUDSMAN PROPOSED BY HEBER LIGHT & POWER FRANCHISE AGREEMENT. AUTHORIZATION BY THE TOWN COUNCIL FOR MAYOR DUGGIN TO APPROVE OMBUDSMAN CLIFF BLOMQUIST.
This discussion was a carryover from a previous meeting in which Cliff Blomquist’s qualifications as ombudsman were discussed. Council member Bunker moved to approve the ombudsman on a condition that Town of Daniel seek the lowest electricity charge rate available to our Town public facilities. Council member Turner seconded the motion, and the Council voted unanimously to approve the motion authorizing Mayor Duggin to sign the letter approving Cliff Blomquist as the ombudsman for Town of Daniel and Heber Light & Power.
5) DISCUSSION CONCERNING TOWN OF DANIEL PURCHASING A SHARE OF DANIEL IRRIGATION AND POSSIBLE APPROVAL BY THE TOWN COUNCIL AUTHORIZING MAYOR DUGGIN TO PURCHASE ONE SHARE
Mayor Duggin believes that it would be beneficial for the Town of Daniel to own a share of Daniel Irrigation which could be used to irrigate Town property and asked for comment. Council member Bateman agreed, and Council member Bunker also felt that it would be in the interest of the Town to own water shares. Mr. Gary Weight felt that owning irrigation shares would allow the Town to protest new applications with the State Engineer’s office for water use that might adversely affect the Town. Mr. Kim Norris’s comments also approved this action. Council member Blotter moved to approve the purchase of one share of Daniel Irrigation for the Town of Daniel by Mayor Duggin. Council member Turner seconded the motion, and the Council voted unanimously to authorize Mayor Duggin to purchase one share at the best available price.
6) PLANNING: Council member Bunker informed the Council that Planning had received a letter from the owner of property at 2850 S. Hwy 40 wanting to continue a non conforming use on this property, but in Mr. Bunker’s opinion the owner has not proven continuous use as required by our Town code. He also stated that in his opinion, the number of trucks parked on this acreage is an increased use and a change of use which is also not allowed under our code. The owner has allowed this increased use and change without an approval from the Town Planning Commission or Town Council. Planning will be sending a letter to Mr. Kraig Powell, attorney for the owner, explaining the Town’s position.
DANIEL MUNICIPAL WATER: While there are still a few glitches to be worked out, Mr. Kim Norris reported that DMW is actually using the new system with the fill level on the new tank at 21 feet. In a discussion about how the old pump might be used, the suggestions were: use it as a back up pump, use it to pump water to the Storm Haven area as we move further into our master plan, pump excess water to the old tank for the sale of excess water.
COORDINATION: No meeting has been established, but correspondence between all the parties is occurring.
7) RECORDER’S OFFICE: Recorder Merry Duggin presented the warrants received by Town of Daniel in the month of December for approval for payment. Council member Blotter moved to approve payment, and Council member Bunker seconded the motion. The Council voted unanimously to approve the warrants.
Ms. Duggin also presented an update on the current year budget status. Revenues are slightly below last year’s revenues, and the expenses are a little higher, but the budget does not yet require adjustment.
8) APPROVAL OF MINUTES FOR DECEMBER 6, 2010 MEETING
Council member Blotter moved to approve the minutes as presented. After a second by Council member Bateman, the minutes were approved with a unanimous vote.
9) ADJOURN
There being no further public business, Council member Turner moved to adjourn. With a second from Council member Bateman, and a unanimous vote to adjourn, Mayor Duggin adjourned the meeting at 7:05 PM.
Merry Duggin,
Recorder