Council meeting minutes July 6, 2015

Daniel Town Council Meeting
and Public Hearings
Monday, July 6, 2015 at 6:00 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, UT

Quorum present: Council members Kasey Bateman, Eric Bunker, and Jon Blotter were present when Mayor Turner called the meeting to order at 6:01 PM. Council member Glodowski arrived at 6:02 PM. Treasurer Sherri Price was present and Lynne Shindurling also present to record the minutes.

Members of the public in attendance were: Jaq Shindurling, Kipp Bangerter, Chris Anderson, Tom Rawlings, Derek Gressmen, Shane Whiting, Neil Wallace, Ryan Taylor, Ian George, Kim Norris, Gary Walton, Sean Haggerty, Rick Meeves, Chris McRoberts, and John Heiner.


There were no comments.

At this point Mayor Turner asked to take item #4 out of order.


Shane Whiting, director at Daniels Academy, introduced Dr. Rick Meeves and Neil Wallace, program director of Daniels Academy. They come before the Council to explore options to expand and possibly relocate Daniels Academy and to request reasonable accommodations.

Mr. Whiting explained the Academy has been in operation in Daniel since 2007 and he has been with the organization for the past two years when the Aspiro Group came into 50% ownership of Daniels Academy. He stated the new management style brought in professionals which increased the cost to run the school and is, therefore, asking for reasonable accommodation to increase the number of students from 16 to 24, to provide more revenue to offset the costs. With the increase in the number of students, the present location would need to be expanded or a larger facility acquired to house them.

Mayor Turner then read from a letter dated 9/25/13 signed by Shane Whiting, which was written at a time when Daniels Academy was requesting reasonable accommodation to increase from 8 to 16 students:

“The reason for the original accommodation, requested by Justin Robinson, was to:
‘provide a quality program with a specialized academic and therapeutic services for adolescence with Autism Spectrum Disorder and Nonverbal Learning Disorders. In order to cover costs for a specialized program, we have needed to bring on additional academic, medical, and therapeutic staff who are experts in this field. This has resulted in additional costs. In an effort to make this program as affordable as possible for families and also generate enough revenue to pay our employees, we need to have 16 students in the program. We have no plans or intentions for expanding beyond 16 students at this location.’”

The Mayor asked Mr. Whiting why that language was written, what does it lead the council to believe. Mr. Whiting responded he did not write the letter, merely signed it at someone else’s direction. He did, however, state at the time there were no plans to expand beyond the 16 beds. The letter further stated there were 42 employees brought on in various capacities to help the kids, and that number now fluctuates between 55 and 61. He explained the only way to offset the increased cost of treatment for the kids is by revenue and is, therefore, asking for an increase to 24 students. He went on to say increasing beyond 24 beds makes no sense as the students have sensory issues, special accommodations.

Council member Bateman asked if they were looking to increase the square footage of the current location. Mr. Whiting explained they are looking at all options, including acquiring an additional location at 3315 South Field Road. Mr. Bunker explained two similar facilities cannot be closer than one mile apart, which there is a facility over a mile from Daniels Academy located on Little Sweden Road. Council member Blotter inquired about the number allowed in the Daniel Code. Council member Bunker stated there can be 8 persons, unrelated, and that that number was then increased to 16 under reasonable accommodation.

Council member Glodowski stated he was a member of the Planning Commission at the time the increase from 8 to 16 was requested, and remembers the increase was to be for 14 students, with space for 2 more under special circumstances for the short term. He wonders what is in store for the future if this second request for additional students is allowed.
Mr. Whiting stated he has tried to be as clear and transparent to Mayor Turner and Council member Bunker as possible, as a way to dismiss concern.

Chris Anderson expressed concern why the facility, with 16 students and costs exceeding revenue, would hire additional therapists at considerable cost, thereby resulting in the need for a greater number of students. Mr. Whiting explained they are trying to increase the quality of the services provided, as new management came on the scene and found areas which required improvement. He feels they have added more opportunities and better services and have now built a world renowned program, and with that came additional costs.

Jaq Shindurling inquired about the ability for the septic and/or culinary water systems to accommodate that many people where the systems were built to serve single family residences. Mr. Whiting stated they have State licenses to operate and the County Health Department would require them having a public water system that was privately owned for culinary water, which would require regular testing of the water. As concern was raised with having this many students as well as employees in one location, Mr. Whiting explained they also have a school at 906 South 300 West where most of the staff interacts with the students. The current location of Daniels Academy, whether expanded or a new location found, is used for sleeping and meals of the students, not where the classes take place.

Mayor Turner explained at this time the Council is not in a position to make a decision on the matter, and Mr. Whiting reiterated this is a preliminary discussion and they have not, as yet, made application for expansion or relocation.

Council member Blotter asked Mr. Whiting for his definition of reasonable accommodation, to which Mr. Whiting replied it is a term used to help the company seeking an increase in the number of students, in this case from 16 to 24. Mr. Blotter would like those seeking the reasonable accommodation to become familiar with the definition of that term as well as special accommodation. Mr. Blotter would also like the group to become familiar with the General Plan of the Town of Daniel to see if it fits within the intentions of the townspeople as to what they’re trying to promote and provide.

At this time Dr. Rick Meeves addressed the Council in an attempt to allay the concerns of the Council and public present, stating they would like to answer any questions which may arise. Dr. Chris McRoberts also explained that the Aspiro Group, which owns 50% of Daniels Academy, has two facilities in Emmett, Idaho, and feels they have had great success there in their treatment programs. His hope is that the Town of Daniel will work with them in accommodation of 8 more students. They take great pride in the fact that their students, while in school, hold part-time jobs throughout the community and most opt to attend college upon graduation from Daniels Academy.

Council member Glodowski inquired of Mr. Whiting the cost for a student to attend Daniels Academy. Mr. Whiting’s answer was the current tuition is $10,600 per student, some of which is paid by a public school in another state where the student’s family resides. All of the students housed in Daniel have come from out of state. The learning disorder of Asperger’s autism has been renamed Autism Spectrum Disorder 1, 2, or 3, depending on the level of the student’s disability. All students at the Academy are Level 1, which is the highest level of intelligence. These are high functioning individuals.

Council member Bunker requested financial information be provided to the Council by the Academy, and Mr. Whiting agreed to do so. He will provide the financials to Mayor Turner at his office. Mr. Bunker mentioned if they want to proceed, the next step would be to file an application with the Planning Department to go forward with the proposed plan.

In closing, Council member Blotter stated that the Academy has had three management groups in since 2007 and he has concerns about the current group being willing to work with Town of Daniel on community goals when they are not familiar with the General Plan. He asks that the management do some research on Daniel Town’s needs and desires in asking for further reasonable accommodation.
Mayor Turner next requested item #13 be taken out of order.


Kipp Bangerter, a Wasatch County Councilman, produced a Wasatch County Base Map of the transfer station and stated it is the desire of the County facility to have a fire suppression system installed, as there have been two fires in the past two years. They would request a new hydrant on the southeast corner of the transfer station and extension of the existing waterline across the parking lot. Mike Davis, the County Manager, has asked Mr. Bangerter to come before the Town Council to petition for an extension of the waterline from the county shed to the transfer station in order to install the suppression system. The line may need to be upgraded from 4” to 8”. Gary Walton stated for suppression only the 4” line would suffice, but a hydrant would require upgrading to an 8” line.

Council member Blotter asked if a meter would be installed to meter the water usage, as currently there is water being used at the facility for which no payment is made. Council member Bunker inquired about the source of water in the transfer building where trailers are currently being washed out and the danger of cross contamination. Mr. Bangerter stated he would talk with Mike Davis to see why the meter is not working and get a working meter installed. He will bring in a plan approved by the fire marshal for acceptance by the Town Council, showing the size of the line needed and a meter.


The Mayor asked for a motion to go out of regular session of the Council and open the Public Hearing, which was made by Council member Blotter and seconded by Council member Bateman. The motion passed unanimously and the Public Hearing was opened.

Mayor Turner stated the reason for needing amendment to the budget was due to an expected revenue in the property tax column being too high according to the County standards. The property tax revenue expected was lowered from $42,000 to $40,000, with an increase in the carryover funds from 2015 from $126,600 to $128,600. No other figures in the adopted budget were changed and the budget balanced at a figure of $373,500.

With no further discussion, Council member Glodowski moved to close the Public Hearing and go back into regular session, which was seconded by Council member Blotter. The motion passed unanimously.

Mayor Turner then read Resolution DR-2015-07-06A regarding adoption of the General Operations Budget Amendment. Council member Blotter moved to adopt the budget amendment, which was seconded by Council member Bateman. The motion passed unanimously and the resolution was adopted.


Mayor Turner opened the public hearing to further discuss wage increases from the last Council meeting in June. Clerk Shindurling reviewed Daniel Code 1-6-5, Compensation, providing for payment of $2.00 per meeting to council members, which has not been practiced; and Ordinance DO 2010-06-07 reciting the current salaries paid to the mayor, planning director, treasurer, recorder, and planning secretary.

Kim Norris provided a document showing hours worked by Joyce Anderson, the secretary for Daniel Municipal Water Co. She currently receives $250 per month for services performed and has not received a raise since starting these duties seven years ago. She uses a home office, computer, and her own vehicle to perform her duties. The document suggests a raise to approximately $400 per month, keeping in mind she will also be taking over the bookkeeping for the Storm Haven water system when it falls under the Town’s purview.

Chris Anderson was asked how better to facilitate Mrs. Anderson’s setup of the Storm Haven accounts. He wonders if the accounts need to be kept separate from Daniel Municipal Water’s accounts in QuickBooks or if they can be combined. The Mayor and Treasurer opined they must be kept separate due to the receipt of CDBG funds and possible bond monies in the future, and payback of bonds already in existence on the DMW side. A list of Storm Haven customers needs to be obtained for setup of the new accounts there.

Gary Walton, the DMW water manager, would like the meter reads kept in one account to facilitate his monthly duties and the payments made to each accounted for separately. Sherri Price mentioned there will be separate bank accounts for each water system as well as separate budgets, and for audit purposes they should be maintained separately. The goal is to combine them, as they share somewhat the same water source, but that event is years into the future. Chris Anderson’s intent in setting up the accounts is to continue a joint customer list, possibly with the #1 following the customer name to indicate Storm Haven individuals. He feels there will be greater difficulty combining the two accounts later, but will go with Ms. Price’s suggestion of separate accounting at the present time.

Council Bunker asked Mr. Walton how many customers were on the DMW system, to which he replied 153. Next question dealt with Storm Haven customers, to which Mr. Walton replied there are 52 or 53 additional customers. Lynne Shindurling advised those in attendance that with the instigation of the new website comes the ability for water users to create their own accounts and log in to research up to one year’s history of usage, billing information, etc., which should also reduce the time Mrs. Anderson spends answering those types of questions.

Kim Norris suggested an increase in Joyce Anderson’s wage with an additional amount for a car allowance. Council member Blotter mentioned consideration of a higher monthly raise omitting the car allowance. Gary Walton reiterated the large amount of time she spends dealing with water customers in person or on the phone.

Discussion then continued on compensation increases for the Clerk/Recorder position, Treasurer, Council members and Planning Director. Council member Blotter asked about the compensation paid to Kathy Jo Percy, the Planning secretary. Council member Bunker, repeating conversation he has had with her on this subject, indicated she is happy with the $200 she receives per month as there are times when the Planning Commission does not meet in a month, but she still maintains all the records and communicates with the P.C. staff.

Council member Blotter inquired if the Mayor and Planning Director salaries should also be increased, and asked Gary Walton if the rate of $15.00 per hour for water personnel is a fair rate. Mr. Walton feels in the future the Town may hire someone part time or full time, pay them a salary, provide a cell phone, different compensation, but for now the rate is fine. The Mayor would like those doing work for DMW to turn in accurate time spent on Town matters to receive fair compensation.

Mayor Turner asked the Council about compensation for attending meetings. Council member Bunker reported his time spent on planning matters in the past month to be 86.25 hours, which is about an average amount of time. Mayor Turner stated he would like the Council members to start receiving compensation for attending meetings. Chris Anderson agreed if they are paid, it leaves them accountable and makes an open position more easily filled in the future.

Council member Blotter moved to close the Public Hearing, which was seconded by Council member Glodowski. The motion passed unanimously with “aye” votes and the Public Hearing was closed and the Council went back into regular session.

Council member Blotter moved for the Council to adopt the following compensation schedule, which will be written as Daniel Ordinance DO-2015-07-06:
Mayor Turner $800 per month
Eric Bunker as Planning Director $1,300 per month
Kathy Jo Percy as the Planning secretary to remain at $200 per month
Treasurer Sherri Price to receive $600 per month
Clerk/Recorder Lynne Shindurling $600 per month
Council members $50 per meeting attended
Joyce Anderson, as the water secretary, to receive $525 per month divided as
$400 from DMW and $125 from Storm Haven Water Co.

The motion was seconded by Council member Glodowski and passed and the ordinance adopted by the following vote: Mayor Turner, aye; Council member Bateman, aye; Council member Glodowski, aye; Council member Blotter, nay; and an abstention from Council member Bunker.

Mayor Turner asked to have item #9 discussed next, out of order.


Ian George came before the Council asking to have his application for a new home occupation business license, Primo Farm & Fungi, approved. The address is 1680 West 3000 South in Daniel. The intent is to grow mushrooms, goji berries, and perhaps other produce. They would sell to farmers’ markets and restaurants locally. Where sales are not taking place in the home, Council member Blotter asked if they need a business license. Council member Bunker stated the business applied for is not contained within the home but rather the growing of mushrooms in a trailer behind the home. They are, however, applying for a home-based business. If this was to be a commercial business, it would have to take place in a commercial zone, not RA5 zone.

Council member Blotter inquired how the growing of mushrooms in a backyard is any different from his growing of alfalfa in his back property and selling it. They are both agricultural endeavors. Council member Bateman also cited Lone Peak nursery located on Mill Road selling plants and trees from a residence. Jaq Shindurling inquired if the long-term plan was to install a greenhouse to grow products. Mr. George stated they may in the future obtain a greenhouse.

Mayor Turner then asked the Council to pass the matter to the Planning Commission for their view on whether the sought-after business is commercial or a home-based business in their eyes. Council member Bateman opined some of the other businesses in the Town of Daniel, such as mechanics’ shops, are more invasive than this business. Because this is an organic farm, no pesticides or chemicals of any sort will be used. Council member Blotter stated the license must be renewed annually, and if semitrucks appear or the criteria changes, the Town has the option to not renew the following year. Where one of the criteria for a home occupation is 10% of the home is used for the business, Council member Blotter is not sure this business fits within the definition in the Town Code.

Council member Bunker also stated the owner of the home had inquired about a license for a dumpster roll-off business and was told that would fall within a commercial operation, would not be allowed. However, there appear to be dumpsters present on the property. Mr. George stated they were there for cleaning and would be removed in a week or two. They are not pursuing that business at this time.

Gary Walton asked if all products would be grown in the containers. Mr. George stated the mushrooms are grown in the container; all others plants, goji berries, fruit trees, vegetables, would be grown outdoors. Council member Bunker inquired if there is a plan in place for dealing with odor control of the compost. Mr. George stated some matter would be sold as cow feed and removed from the property. Mr. Walton also asked what the property has for water, and Mr. George stated there is a well and water shares, which Mr. Walton pointed out are seasonal. There will be no growing of vegetables in the winter.

Jaq Shindurling inquired about the amount of water allowed to be used from the well for other than household use. Mr. George stated he does not know the amount of usage allowed from the well nor from the Timpanogos water shares on the pressurized irrigation system. This will have to be researched.

Council member Bateman moved for the matter to go to the Planning Commission and have them look at the details and make a recommendation back to the Council. Council member Blotter seconded the motion. Mayor Turner asked for any further discussion.

Council member Bunker asked three questions: Is this totally no retail on site? Answer was yes. Is everything grown on site or are you bringing in other products? Answer was everything is grown on site. Thirdly, do you have employees? Answer was not at this time.
Mr. Bunker stated, so this is a family operation? Answer was yes. Mr. George stated they would have horses and grow some hay as well.

Kim Norris asked Mr. George if there is culinary water on the property. Mr. George stated they have use of the well, no city water. Because the waterline runs westward on 3000 South, the home would have the option of hooking into the Daniel Municipal Water system.
Mr. George also stated they hope to support some nonprofit organizations like the Wounded Warrior Project and others.

With no retail sales taking place on site, all products grown on site, and no employees, this being a family operation, Council member Bunker stated the operation does fall under the RA5 home occupation business.

Mayor Turner asked after the motion and second were made, discussion took place, has the discussion changed the motion. Council member Bateman stated what if a license is issued under the present criteria and it expands outside of that into any commercial type operation with containers, large equipment, semis, etc., could the license then be revoked. Mayor Turner stated at that point it would be complicated to pull it and he’d like the business to start off on the right foot. He would still like Planning to review the application.

Mayor Turner then asked if the motion still stands. Council member Bateman replied yes. He asked if the second still stands. Council member Blotter replied yes. The vote on the motion was “aye” votes from Mayor Turner, Council members Glodowski and Bateman, with “nay” votes from Council members Bunker and Blotter. With that, the motion is sent on for review by the Planning Commission.

Council member Bunker then presented renewal applications for the following businesses: Daniels Academy, Little Learners Preschool, Suburban Propane, and Doctor Fix It. All four licenses were approved for renewal.

Mr. Bunker further stated New Leaf Art Studio had moved out of Daniel and their license was no longer active.


Clerk Shindurling presented the Council with the resolution adopting the new certified tax rate for FY 2015-16, DR 2015-07-06B. Council member Bateman moved to adopt the resolution with a second by Council member Bunker. The resolution was adopted by unanimous “aye” votes.


Mr. Taylor explained that with $160,000 in the new budget for road construction and maintenance, he plans to do projects of chip seal on Mill Road from 3000 South to Little Sweden Road, which was a priority last year but not accomplished due to lack of funds, and chip seal on Little Sweden Road to Highway 40. A third project intending to be done is chip sealing 3000 South from Highway 189 eastward to South Field Road.

Jaq Shindurling inquired about the Corridor Preservation Agreement being negotiated for the intersection of 3000 South and Highway 189. Mr. Taylor stated if there is a realignment there, it most likely will not occur within the 3-4 year life span of chip seal and the Town would still benefit from this use of funds. As currently estimated, doing these three projects would come in a little under the $160,000 to allow for changes in costs.

Council member Bunker asked what happens with Mill Road north of 3000 South going into Heber City. Mr. Taylor explained the Heber City parcel is currently in better shape than the Daniel portion and feels it will be a fairly smooth transition if the breaking point is at 3000 South. Council member Glodowski asked that as work is done at the intersection of Mill Road and 3000 South, that the contractor even out the corner where people turn onto 3000 South as there is a hole there. If funds allow, Daniel Town will also put slurry seal on the surface of Crazy Acres Road. This work will be put out for bid end of July, first of August.


Kim Norris stated Daniel Town has already incurred expense dealing with the Storm Haven system, even though the take-over isn’t final. There was a repair made by Gordon Construction, whose bill should be paid by Ms. Goodfellow.

At this point Council member Bunker read a letter received from Dennis Ellis in regards to the DMW agreement sent to water users. He feels the agreement goes beyond what is allowed in Daniel Code 2.02 and wonders why signing the agreement is necessary. Council member Bunker will compare the points enumerated in the letter with the Code. He asked the Council for their direction.

Council member Bateman moved to have Planning Director Bunker make the comparison and see if the Town should amend its Code, with input from the Planning Commission. The motion was seconded by Council member Blotter. Mr. Bunker was instructed to respond to Mr. Ellis’s letter and acknowledge his concern. The motion passed with unanimous “aye” votes.


Mayor Turner reminded the Council that each year the Town has adopted a resolution for fireworks and open flame restrictions, and this resolution is written to try to avoid the adoption of a resolution on an annual basis. Council member Bunker state to adopt the resolution as written is in violation of State Code, as a time limit has to attach and cannot be an open-ended resolution.

The language in DR 2015-07-06C was changed to read “from now to September 30, 2015,” rather than each year from June 1st to September 30th.

Mayor Turner then read the resolution with the amendments. Council member Blotter moved to adopt the resolution as amended with a second from Council member Bateman. The motion passed with the following vote: Mayor Turner, aye; Council member Glodowski, aye; Council member Blotter, aye; Council member Bateman, aye; Council member Bunker, nay.


Planning Director Bunker reported he had spent 24.75 hours on Blue Stakes matters. The Corridor Preservation Agreement was briefly touched on during the month and Shawn Seager did not address the concerns enumerated by Mr. Bunker. There will be further follow-up in that regard.

Director Bunker reported there was response from Diane Grose in regards to the opening on the Planning Commission. She had served a previous term. This is a position appointed by the Town Council.

Council member Glodowski moved to appoint Diane Grose to the Planning Commission, which was seconded by Council member Bateman. Tom Rawlings was concerned about her home having burned down and where she was living in the interim, if she still qualified as a Daniel resident. Because she is in the process of rebuilding her home, her address meets the qualifications. Council member Blotter asked if the position had been sufficiently advertised. Notice has appeared in The Wasatch Wave and on the website for some time.

The motion passed with the following vote: Mayor Turner, aye; Council member Bunker, aye; Council member Glodowski, aye; Council member Bateman, aye; Council member Blotter, nay.


Director Bunker reported several weed issues had been reported, but the problems were addressed immediately and no further action was necessary. On the issue of trailers on properties longer than 20 days he stated some had been removed, some are still on site. He sees a poor economy playing a role in residents having relatives in camping trailers on their property. Some landowners in the Town of Daniel who have no home on their property have historically brought a trailer in for the summer months.

Council member Blotter inquired about parking semitrucks on the street in front of a home. Council member Bunker stated there is a time limit for parking on a city street, but parking on a homeowner’s property is allowed, and many run home occupation businesses out of their homes.

A major concern is many trailers parked within the Town of Daniel, some of which are hooked into septic systems and using available well water. Jaq Shindurling inquired about the difference, in the Town’s view, between travel trailers and a mobile home. The Code states mobile homes must be placed on a foundation on the property. Other trailers are only allowed to remain for 20 days per calendar year. Council member Bateman proposed enforcing the Code currently in place. Council member Bunker commented if you start to enforce the Code as written now, it cannot be changed down the road once litigation has commenced against a landowner.

The Town Council instructed Council member Bunker to issue violation letters dealing with trailers parked illegally, illegal businesses being conducted within the Town with no business licenses, nuisance violations. Homeowners under current Code can buy, repair, and sell five cars per year at their home. Any more than that is considered a business and should be licensed as such.


Ryan Taylor reported his original inclination was to use natural gas as the fuel source for the emergency generator at Storm Haven because it is cheaper. But, upon reflection, this fuel would not be available in a disaster situation. The other choices would be propane or diesel fuel. Council member Blotter views this as an engineering decision and would like Mr. Taylor to run the numbers for a 1000 gallon tank of propane or a natural gas line installed, whether used or not, to see which is the best choice. Tom Rawlings reported he has had experience with propane, natural gas, diesel fuel and gasoline in a generator and prefers natural gas and suggested perhaps adding a propane backup. Mr. Taylor will report his results at the next Council meeting.


Mayor Turner reported he has had no further communication with the Wasatch School District since their meeting on June 10th and the district is still deliberating on the preferred site.


Council member Blotter moved to approve the minutes as written. A second was made by Council member Bunker and the motion passed unanimously.


Clerk Shindurling presented the warrants to the Council. She explained the Utah Local Governments Trust may pick up some of the legal costs expended on Town matters and that Storm Haven legal expenses have been pushed to next month to be paid out of the newly established Storm Haven Water Co. account.

DMW warrants were reviewed. With no further questions or comments from the Council, Council member Blotter moved to approve the warrants as presented. Council member Bateman seconded the motion, and the warrants were approved with unanimous “aye” votes.

Council member Bateman at this time asked for information regarding the take-over of the Storm Haven water system to be posted on the website, as residents in the area want to remain apprised of its progress. No date is known for finalization of the contract and a posting will be made on the Daniel website.


Council member Glodowski moved to adjourn the meeting, with a second being made by Council member Blotter. The motion passed with unanimous “aye” votes. Mayor Turner adjourned the meeting at 9:31 PM.

Lynne Shindurling

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