Council meeting minutes July 2, 2012

Daniel Town Council Meeting

Monday, July 2, 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, Jon Blotter, and Chip Turner were present at 5:30 PM when Mayor Duggin called the meeting to order.  Recorder Merry Duggin was present to record the minutes.  Council member Kasey Bateman arrived later in the meeting.

Members of the public in attendance: Lambert Deegan, John Glodowski, and Ryan Taylor.

1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA

Mr. Lambert Deegan asked the Council if it would take a look at requiring a business license for residents who are claiming income tax reductions on their tax returns.  He asked the Council to do this by the February meeting.

Council member Chip Turner would like to invite candidates who are running for office in the November 2012 election to speak before the Council.

2)  APPROVAL OF MINUTES FOR JUNE 4, 2012 MEETING

Council member Blotter moved to approve the June 4, 2012 minutes as presented.  The motion was seconded by Council member Turner, and the following Council members voted to approve the minutes:  Bunker, Turner, and Blotter.  Mayor Duggin was absent from the June 4 meeting and did not vote on approval.  The minutes were approved. 

3) BUSINESS LICENSES. NEW APPLICANTS.  ALSO JOE WITT MAY BE PRESENT TO SPEAK ON HIS SUGGESTION OF REQUIRING A BUSINESS LICENSE FOR A FARMING BUSINESS.

No applicants were present.  Mr. Witt was also not present.

4)  DISCUSSION AND POSSIBLE MODIFICIATION OF DANIEL’S ADMINISTRATIVE POLICY FOR A REQUEST FOR REASONABLE ACCOMMODATION ADOPTED AT THE JUNE 4 MEETING

Council member Blotter opened the discussion by stating that he had wanted Mayor Duggin to be present when this policy was adopted at the June 4 meeting.  He then offered no changes in the policy, but he did feel that the policy gives doctors a lot of power in the ultimate decision.  Mayor Duggin noted that it would be unwise to disagree with a doctor’s report unless the Town hired its own expert to contradict a doctor’s opinion.

Mayor Duggin did offer a few minor wording changes to the policy.  It was made clear that the mayor or the mayor’s designee would act with the advice and consent of the Town Council in these reasonable accommodation decisions.

Council member Blotter moved to accept the changes suggested by Mayor Duggin.  Council member Turner seconded the motion, and the policy changes were approved by the following vote: Duggin, aye; Turner, aye; Blotter, aye; Bunker, aye.  Council member Bateman did not vote though had just arrived to the meeting at 5:53 PM during this discussion.

5) DISCUSSION AND POSSIBLE ADOPTION OF RESTRICTION OF FIREWORKS WITHIN THE TOWN OF DANIEL

Mayor Duggin informed the Council that Governor Herbert had already banned fireworks in all unincorporated areas of the state of Utah due to extremely hazardous fire danger conditions, and Wasatch County Fire Chief Ernie Giles had also banned all fireworks in Wasatch County.  Mayor Duggin wished to limit fireworks use in Daniel to what would be considered safe areas as is allowed by Utah State Statute.

Mr. Lambert Deegan asked if a fire permit would be required to shoot off fireworks.  Council member Turner noted that some areas of the Town would be safe but felt that the areas on the south side of Town next to the foothills would be very dangerous, and Mr. John Glodowski suggested that the Council’s resolution should require people to use common sense in their firework celebrations.

After discussion, Council member Bunker moved to table the resolution to restrict firework use.  The motion died for lack of a second.  Council member Blotter then moved to accept the resolution as written which would restrict all fireworks within the Town of Daniel west of Highway 40Council member Bateman seconded the motion. In discussion Council member Bateman suggested that the restriction should apply in areas where no fire suppression was available.   Council member Blotter then withdrew his motion, and Council member Bateman moved to accept a resolution to prohibit fireworks south of 3000 South.  Council member Bunker seconded this motion.  The motion passed with Mayor Duggin, and Council members Blotter, Turner, and Bateman in favor.  Council member Bunker was opposed.

6) DEPARTMENT REPORTS:

PLANNING REPORT

Council member Bunker reported that he had asked Engineer Ryan Taylor to check into any discrepancy in the plat recorded for West Star Subdivision.  He reported that the plat actually recorded with Wasatch County was the same plat approved by the Town officers.  A copy will be provided to Council member Blotter for his use.

A garage permit has been approved, and a complaint has been received about a “carport” on Daniel Road which might be classified as a “garage”.

DANIEL MUNICIPAL WATER: REPORT ON NEW WATER METERS, POSSIBLE APPROVAL FOR ADDITIONAL FEES TO BE PAID TO EPIC ENGINEERING, ETC.

Mayor Duggin reported that the new meters have been installed and seem to be working very well.  The meters can be read by just driving down the street and will provide a great deal of information to track water usage over time.

Town engineer Ryan Taylor requested a change order for the water project in the amount of $16,500.  This additional amount will cover his services in the water meter changeover and also the bid package and construction management for the Little Sweden Road asphalt resurfacing.

Council member Blotter moved to approve the change order.  Council member Bunker seconded the motion, and the motion was approved by the following vote: Duggin, aye; Blotter, aye; Turner, aye; Bateman, aye; Bunker, aye.

Council member Blotter asked Mayor Duggin for time to address the Council concerning a one acre piece of property on 3000 South on which he has submitted a purchase contract to West Daniels Land Association. Though the Town had been considering this parcel as a possible future location for a Town Hall, the Council determined that it is not interested in making such a commitment at this time and will not compete with Mr. Blotter in the purchase process.

RECORDER’S OFFICE; WARRANT APPROVAL

After Recorder Merry Duggin presented the warrants for approval, Council member Turner moved to approve them as presented.  Council member Blotter seconded the motion, and the Council members voted to approve the warrants by the following vote: Bunker, aye; Bateman, aye; Turner, aye; Blotter, aye; Mayor Duggin, aye.

9) ADJOURN

Council member Turner moved to adjourn.  After a second from Council member Blotter and a unanimous vote by the Council members present, Mayor Duggin adjourned the meeting at 8:09 PM.

Merry Duggin,

Recorder

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