DANIEL TOWN COUNCIL MINUTES
MONDAY, JANUARY 9, 2017 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UTAH
PUBLIC HEARING – CDBG
First public hearing to accept public comment concerning application for a
Community Development Block Grant 2017
Quorum present: Council members Bateman, Blotter, Bunker and Glodowski were present when Mayor Turner called the meeting to order at 6:01 PM. Treasurer Sherri Price was present, and Clerk Lynne Shindurling was present to record the minutes.
Members of the public in attendance were: Spencer Hintze, Shelly Bunker, Korey Walker, Ryan Taylor, Jeremy McAlister, Kyle Turnbow, Mark and Jamie McAllister, and Kim Norris.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
The public offered no comments, but Council member Bunker asked about the Heber Light & Power franchise agreement term. Ryan Taylor stated he believes the term is for ten years. Mayor Turner asked the clerk to research the Town’s records to find the beginning date of the agreement and its term or expiration date. This will be a discussion item on February’s Council meeting agenda.
Next item 3 was taken out of order.
3) PRESENTATION OF DANIEL TOWN 2015-16 FISCAL YEAR AUDIT BY SPENBCER HINTZE WITH GILBERT & STEWART CPAs
Mr. Hintze stated Ben Probst is currently out of town and was not able to come himself for the presentation. He thanked the Town clerk and treasurer for working closely with their staff in providing needed records. He referred the Council to the opinions section of their audit report, and stated the Town was given an unmodified, clean opinion. Mr. Hintze stated segregation of duties for small towns and cities is always a concern of the State Auditor’s Office, and the Town personnel seem to be doing a good job on this and perhaps this item can be eliminated in future audits of the Town.
Council member Blotter inquired about “material weaknesses” and “significant deficiencies” as mentioned in the audit report. Mr. Hintze explained though there may exist some deficiencies in internal control, none rose to the level of material weaknesses or significant deficiencies.
Mr. Hintze noted with the required addition of pension information imposed by the State offices, the report grew by nearly ten pages.
Kim Norris inquired whether a full audit would be necessary next year. Mr. Hintze stated any city or town with revenues or expenditures exceeding $750,000 must have a complete audit. It became necessary in the 2016 fiscal year due to the acquisition by the Town of the Storm Haven Water system. Council member Bunker asked who valued the water system. Mr. Hintze explained their office worked with Ryan Taylor of Epic Engineering in coming up with the value of the water rights and land involved in the acquisition.
The Council thanked Mr. Hintze for his presentation.
2) FIRST PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT 2017
Council member Glodowski moved to go out of regular session of the meeting and open the Public Hearing regarding the CDBG funding, which was seconded by Council member Blotter. The motion passed unanimously and the public hearing was opened.
Mayor Chip Turner opened the public hearing for the CDBG program and stated that this hearing is being called to consider potential projects for which funding may be applied under the 2017 Community Development Block Grant program. Grant monies must be spent on projects benefitting primarily low and moderate income persons. The Mountainland Association of Governments, in which Town of Daniel is a member, is expecting to receive approximately $500,000 in this new program year. All eligible activities that can be accomplished under this program are identified in the CDBG Application Policies and Procedures Manual and interested persons can review it at any time. Examples of eligible activities include construction of public works and facilities, e.g., water and sewer lines, fire stations; acquisition of real property; provision of public services such as food banks or homeless shelters; and culinary water projects such as an upgrade in the Storm Haven area. Daniel Town is looking at the possibility of drilling a new well and eventually construction of a large storage tank. Also eligible are loan programs for private businesses which would then hire low income persons, and the program can also pay for housing rehabilitation or down payment assistance for low income homeowners.
Mayor Turner indicated that in the past Daniel Town received $318,000 in 2009; $290,835 in 2010; and $50,000 in 2011 for construction on the municipal culinary water system; and most recently $44,800 in 2015 used to upgrade water meters and the pump house facility at Storm Haven. The Town has handed out its Capital Investment Plan as part of the regional “Consolidated Plan.” This list shows which projects the Town has identified as being needed in the community. It was asked that anyone with questions, comments or suggestions during the hearing please identify themselves by name before they speak. The clerk will include your names in the minutes and we would like to specifically respond to your questions and suggestions during the hearing.
When asked by the Council members the specifics of the project to be applied for, Ryan Taylor stated he hopes the Town will receive CDBG grant monies to drill a new well, and Epic Engineering is also applying for an SRF grant to construct a storage tank and peripheral facilities. Mayor Turner stated at the workshop which he and the clerk attended, only two entities were in attendance expressing an interest in funding for water systems.
Council member Bunker asked if engineering costs were going to be included in the grant application, as he recalled the engineering part of the previous grant was eliminated in the funding process. Mr. Taylor stated they had requested monies to perform an engineering study in Storm Haven in 2015, and a grant from the Division of Environmental Quality (DEQ) was obtained that year. He will include costs for engineering design and construction of the well project in the CDBG grant application. Korey Walker of Epic Engineering stated engineering costs are generally paid out of an SRF grant, which they are pursuing at this time.
The Council discussed the subject of low-income housing being mentioned as eligible for grant monies. Kim Norris asked if the trailer court on the corner of 3000 South and Daniels Road could apply for grant monies. The Town has not, to date, been approached by the owner of the trailer court in this regard. Mr. Walker explained individually-owned properties would have to have a sponsor to pursue receipt of such funds, namely the Town of Daniel. Council member Bunker stated the owner has been unresponsive to requests made by the Town on other matters.
Mayor Turner then asked if there were any other suggestions? As there were none, Council member Blotter moved to close the public hearing and go back into regular session. The motion was seconded by Council member Glodowski, which passed with unanimous “aye” votes. The hearing was adjourned at 6:26 PM.
4) DISCUSSION OF LILYFIELDS FARM LEARNING CENTER PRESENTED BY THE MARRS
The Marrs were not in attendance at the meeting. Council member Bunker moved to continue the Lilyfields Farm matter to the next meeting, which was seconded by Council member Glodowski. The motion passed unanimously.
5) REQUEST FOR A ZONE CHANGE AT 2950 SOUTH HIGHWAY 40
Mark McAllister stated he had recently purchased property located at 2950 South Highway 40 and would like to begin the process for rezoning it as commercial. Mayor Turner stated the property does have a continued use associated with it, even though it is currently in the RA5 zone. The property is located within the highway corridor in the General Plan for Daniel Town. Mayor Turner also stated if a resident applies for a rezone, the Town only accepts the applications in July. However, the Town Council can initiate the process at any time of the year and send it on to the Planning Commission for a recommendation.
Council member Glodowski moved that the Council send on to the Planning Commission initiation of the rezone of property located at 2950 South Highway 40. The motion was seconded by Council member Blotter. In further discussion Council member Bunker noted for the record this action to rezone the property to commercial would change a non-conforming use to a conforming use. The motion passed with all “aye” votes. Council member Bunker stated the matter will be on the Planning agenda on January 18, 2017.
6) POSSIBLE APPOINTMENT OF RYAN TAYLOR (GDA ENGINEERS) AS ANOTHER TOWN ENGINEER (POSSIBLE CLOSED SESSION)
Mayor Turner stated he would like to add Ryan Taylor, who is now with GDA Engineers, as a Town engineer in addition to Epic Engineering. Council member Bunker asked a principal at Epic Engineering, Korey Walker, if this type of an arrangement would be agreeable with them. Mr. Bunker commented that Epic has done a wonderful job for the Town since its inception and would like to combine all of Epic’s resources with the talents Mr. Taylor possesses. Mr. Walker asked for clarification of who would be doing what in the ongoing relationship.
The Mayor stated he would like Mr. Taylor to act as the Town engineer with the ability to use all available resources at Epic Engineering on day-to-day projects. He envisions Ryan as the person who would determine whether he did work personally or would “sub it out” to Epic. Mr. Walker tried to clarify whether Epic would no longer have direct dealings with Daniel Town and all their direction would come from Ryan as the main engineer.
Planning Director Bunker stated that because the director position falls between the engineer and the Town, he does not want Mr. Taylor to have sole discretion on assigning personnel to accomplish the tasks at hand. As planning director Mr. Bunker needs to have the ability to direct how work can be accomplished in the most expedient and cost-effective way.
Mr. Walker stated his experience in working with different communities is having a pool of resources available allows the municipality to make the best choice for the project at hand. Council member Bunker stated the need to be user friendly as a Town in their dealings with more than one engineering firm. He would pull on past experience in making a choice on engineering.
Mr. Taylor stated he would like to serve as the Town engineer and works well with Mr. Bunker in getting jobs accomplished. He wants to avoid any sub-consulting and would recommend both firms send invoices directly to the Town for work performed. Conversation between Mr. Bunker and Mr. Taylor to assign projects would avoid duplication of efforts by two separate entities.
Council member Blotter asked if it would be possible to break down the duties of each firm. Council member Bunker stated he would rely on Mr. Taylor to accept work for himself or give direction if someone else should perform the current task.
Kim Norris asked if it would be beneficial for each engineering firm to approach the Town stating their capabilities and what they’d like to do for Daniel, have each make a proposal, as he is unfamiliar with GDA Engineers and their forté. He is concerned having Ryan Taylor deal with his former firm may be a touchy subject for everyone involved.
Mr. Walker stated he wants the Town to have access to all components of Epic, as they have had in the past, as well as the resources available at GDA Engineers. He wants Daniel Town to be an informed consumer to make the best decisions possible for its residents. He thinks a conflict is created if he has to sell his services and ideas to Ryan who in turn sells them to the Town, rather than Epic working directly with Daniel Town officials.
Council member Blotter asked if GDA’s representation of the Heber airport will create a conflict of interest for Ryan serving as the Town engineer. He is concerned that GDA would put the airport representation in the forefront and that the Town of Daniel may suffer as a result. Council member Bateman stated that Ryan has proved himself to the Town and that he will put Daniel first.
Jeremy McAlister with GDA Engineers gave a brief background on the firm. They began business in 1953 headquartered in Cody, Wyoming. They represent a number of airports in several different states. This representation grew as the need presented itself throughout the Western United States. He stated he perceives the residents as a whole do not want the upgrade at the airport to occur. GDA’s client in the matter is Heber City. One of the main factors pushing airport expansion is the FAA. The FAA has forecast much greater traffic than current data shows as assembled by GDA.
Ryan Taylor, in speaking with GDA as a potential employer, approached them knowing of their involvement in the airport upgrade. He stated if Heber City was to push for the expansion in the future, even though he is employed at GDA he would fight for the concerns of Daniel Town, and he may get the issue heard more through having him as our engineer.
Mr. Walker stated he will always fight for his client and will always seek their best solution. Council member Bateman added Mr. Bunker, as the Planning Director, has a pool of resources to pick from and the decision rests with him to choose the right person for the task at hand and get it accomplished in a timely manner.
Council member Glodowski moved to put Ryan Taylor as the Town engineer, now with the firm of GDA. The motion was seconded by Council member Bateman. Council member Blotter asked Mr. Bunker if he is satisfied with this as the new arrangement. Mr. Bunker stated they are all professionals doing their best job. The firms are self-regulated. The vote on the motion on the table was as follows: “Aye” votes from Mayor Turner and Council members Glodowski and Bateman, with “nay” votes from Council members Bunker and Blotter. The motion passed.
7) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY and
8) STORM HAVEN WATER METERS AS NEEDED
Kim Norris reported on both water companies’ issues at once. He mentioned one meter in the Storm Haven system was reading incorrectly, so the water personnel have removed it from the system until it can be replaced. Mr. Taylor mentioned perhaps running some water through the meter would adjust the mechanics. When Mr. Norris stated they had already done that, Ryan concurred in its replacement. He did recommend contacting the supplier while the meter is still under warranty to obtain a replacement.
Mr. Norris reported on replacement of the setter at the Golden West property on 3000 South where the Town personnel had performed some work on a broken waterline. The monies incurred by the Town were reimbursed by the customer.
Mr. Taylor stated there have been several power outages at the DMW pump station and his new contact information needs to be added to the alarm system. This has been an ongoing problem for some months and Heber Light & Power has not resolved the problem. Ryan mentioned Mike Duggin has suggested perhaps obtaining a generator, but Council member Bunker does not feel the cost savings would make up for the initial purchase price.
Mr. Norris opined he does not like the idea of a generator at the DMW site, and is not convinced one was needed in Storm Haven. He would rather see a new storage facility to meet the water demands in the area. Mr. Taylor stated the State Division of Drinking Water was insistent on the improved well site including a generator at Storm Haven, but has a long-term goal of drilling a new well with a large-capacity storage tank to meet customer needs. He is more concerned about a long-term outage occurring at DMW in the wintertime due to freezing conditions.
9) BUSINESS LICENSE APPLICANTS
Planning Director Bunker reported one business license renewal for Wes’s Auto Repair, including an application, which is a new requirement of Wasatch County to show when the renewal was approved by the Council. Council member Blotter stated the business is not in compliance with the existing 8.25 Home Occupation Code, but the license is renewed until the code is revised. Council member Bunker stated Wasatch County had taken Wes Sweat to court before Daniel was incorporated and the judge found him to be in substantial compliance. The license was renewed.
10) PLANNING DEPARTMENT REPORT, VIOLATIONS AND ENFORCEMENT
Director Bunker produced his planning report for the month of December and reviewed several items with the Council, such as: a Blue Stakes notice regarding the Daniel Irrigation Company’s pipeline progress; communication with Charleston Town regarding the Golub annexation petition submitted to Charleston and a letter from Mayor Kowallis regarding the issues Daniel Town wanted to have included in the annexation in order not to protest same. The Daniel Plaza issues for Mike Petersen are continuing to move forward with the assistance of Epic Engineering. Water shares in Daniel Irrigation are to be turned over by the property owner to Daniel Town, and Town officials will need to meet with the irrigation company to solidify the number of shares and voting rights. The final draft of the Highway 40 Corridor Preservation Agreement has not been finalized yet.
Rules dealing with the wildland fire mitigation on the State level have changed since their presentation. More action on the municipality’s part will be required. Wasatch County did some tree trimming in the Storm Haven area in December in order to facilitate movement of the snow removal trucks in the area. The expense to Daniel Town to pay for the trimming is counted as an expense toward the Town’s mitigation of wildland fire risk.
11) APPROVAL OF MINUTES FOR DECEMBER 5, 2016
Council member Glodowski moved to approve the minutes as written. The motion was seconded by Council member Bateman and passed with four “aye” votes from Mayor Turner, Council members Blotter, Bateman and Glodowski. Council member Bunker abstained.
12) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS, SECOND QUARTER FISCAL YEAR BUDGET UPDATE
Clerk Shindurling reviewed the Town’s warrants with the Council. During discussion of Daniel Municipal Water invoices, the Council was informed Tom Grose wanted to increase his payment from $100 to $150 each time he plows. Council member Bateman offered to contact Brandon Larson who lives in Storm Haven and has a snowplowing business and equipment to see if he would be interested in performing the work at the $100 rate. Council member Bunker expressed concern that Mr. Grose hasn’t carried liability insurance and would like that added to an operator’s credentials performing work within Town boundaries. Council member Blotter also mentioned he knows someone who may be interested in the snow removal work. The Council directs the person plow with a 6” minimum of snowfall.
Council member Blotter moved to approve the warrants as presented, with a second from Council member Bateman. The motion passed unanimously.
Next the clerk presented Council members with the second quarter budget update report reviewing revenues and expenditures through December 31, 2016.
Council member Bateman mentioned the Bobby Sweatfield home in Storm Haven had been foreclosed on and wanted the water personnel to make sure it is shut off and does not freeze. Kathy-Jo Percy will be made aware, if there are monies still owed on the account.
Council member Bunker inquired if the Town attorney had responded with an opinion on whether or not an additional public hearing was necessary in continuing on with revised code on home business licenses. Mayor Turner reported counsel advised another hearing was not necessary as long as the scope of the license is held within the same parameters.
Council member Blotter suggested having a work meeting with the Planning Commissioners. The date of January 18th was agreed upon, when the Planning Commission is holding their monthly meeting, beginning at 7:00 PM. The meeting will be properly noticed.
Council member Glodowski moved to adjourn the meeting, which was seconded by Council member Blotter. The motion passed unanimously and Mayor Turner adjourned the meeting at 8:30 PM.