Town of Daniel

Town Council Meeting Minutes

July 7, 2008

Wasatch County Services Building

55 South 500 East

Heber City, Utah

5:30 PM

Quorum:  Mayor Mike Duggin, and Councilmen Eric Bunker, Jonathan Blotter, Gary Walton, and Councilwoman Heather Bateman were present.

Mayor Duggin called the meeting to order at 5:30 PM.

1. Business licenses

Corbin Linde and Brian Murdock were present to request a business license for Daniel Academy at 3725 Big Hollow Rd., Daniel, UT.

Dr. Ed Callahan and Dr. Erika Feinauer (staff of Daniel Academy) were introduced to present information and answer questions about the home for disabilities and the program.  Dr. Feinauer explained that she would be the head of the academics program and her main focus would be on learning disabilities, Asperser’s Syndrome, ADD, Autism, and would include impulse control and concentration and teach specifically to each student’s disability. Her program would give a student a chance to learn how he thinks and what has caused his problems.  These children will be non violent, failing in school, and experiencing emotional difficulties.  They will have no criminal history or record.  The program will have an arts based curriculum as these kids often shine in areas other than academics.  A film curriculum focusing on all areas of filming has been shown to be very efficacious.  Academics would include English, history, science, math, college preparation and would also focus on units that the student might have missed due to his individual problems.

The floor was opened to questions.

Francis Smith asked how long students stay and what will be the cost to attend.  Dr. Callahan responded that the average stay is 10-14 months, and the cost would be about $6,000 per month per student.  Some scholarship opportunities will be offered.  The students will come from all over the nation and be clean cut, well dressed, and supervised at all times.

Lambert Deegan wondered if the students could be recognized by wearing some sort of uniform, the answer was “probably not”.

Francis Smith addressed the Town Council on his concern for fire safety at the location of the proposed school.  He stated that Big Hollow Rd.’s width does not meet International Fire Code requirements.  He is worried that an increase in use of this location should require better scrutiny than we have given it.

Mayor Duggin responded that we are also concerned and will proceed to correct any deficiencies as soon as possible, but we should not hold up the business license as this location has already been approved by the county fire marshal as a single family residence.  That is all that a home for persons with disabilities requires.  We are not allowed to restrict use more than we would put on a single family residence.

Ron Hinckley stated that fire danger is a universal town problem.  The Gun Club is more dangerous fire hazard than this school business application.

Councilman Bunker clarified that the applicants have applied for a business license for a residence for persons with disability.  A therapeutic boarding school is a completely separate application and totally different.  The law states that we have to allow homes for disability.

In response to Claire Averett’s question about state licensing, Dr. Callahan responded that they will have a license for a therapeutic boarding school regulated by the State of Utah as they will be providing a school in addition to living quarters for these students with disabilities.

Councilman Jonathan Blotter read aloud Daniel Municipal Code 8.21.17 pertaining to homes for disability.

Councilman Bunker commented that in addition to the requirements of our DMC, the  Planning Commission requested a town advisory committee be appointed to work with the home.  The applicants have agreed to form such a committee.

Councilman Gary Walton asked if everyone had signed off on the facility.

Mr. Linde replied that he must get all health and fire inspections taken care of before he can get a state license, but typically a business license is required before those inspections can be done.  The home and school cannot begin until they have a state license.  In the future he will make application for a Therapeutic Boarding School.

Motion:

Councilman Walton moved that the Council approve a business license for Daniel Academy under the name L & C Holding as provided for in our existing code for a home for persons with disabilities with a maximum of 8 students plus staff which complies with the Americans with Disabilities Act.  Seconded by Councilwoman Heather Bateman.

Discussion:

Councilman Blotter stated that he is concerned about fire safety; the applicants didn’t provide traffic information that was requested; the group is coming into the town under the ADA but the facility is not wheelchair accessible; and 80% of the town’s people did not want it.

Vote:

The motion passed with the following vote.

Mayor Duggin, aye; Eric Bunker, aye; Heather Bateman, aye; Gary Walton, aye; Jonathan Blotter, nay.

Pat Newhouse of Nails by Pat requested a renewal of her license for 2671 S. Daniels Rd.  Mr. Blotter made a motion to approve the renewal, Mr. Walton seconded the motion, and the motion passed unanimously.

Kristina Davis of Flowertime requested a renewal of her license.  Mr. Walton made a motion to approve the renewal; Mr. Blotter seconded the motion.  There was some discussion about the current sign not conforming to our code, but it is grandfathered.  The motion passed unanimously.

2. Snow Plow and other road issues

Mayor Duggin discussed a contract with Epic Engineering to conduct a study to prioritize capital road projects that need to be done.  Our current amount of Class C Road Funds will not pay for the improvements needed.

Mr. Walton reported on a 1992 Volvo snowplow available for purchase.  We will have to send a representative to examine the vehicle to see if it would be suitable for us.  A smaller plow would also be necessary for some of our smaller roads.  County Councilman Kipp Bangerter volunteered to examine available vehicles for us.  Mr. Walton also indicated that Val Davis (not present at the meeting) would be available to examine vehicles as well.   The mayor asked for consent from the Town Council for the power to delegate authority to a representative to make a purchase for us, and it was granted.

Lambert Deegan wondered if we have the right to put up stop signs.  Some discussion followed concerning desirable locations, and the mayor promised to work on it.

3. Discussion of letter received from Wasatch County discontinuing any services provided without an interlocal agreement.

County Councilman Kipp Bangerter explained the letter from County Manager Mike Davis as an attempt to get all the Wasatch County municipalities on a “level playing field” as some municipalities are paying for services while others are not.  Mr. Walton responded that Daniel residents pay taxes like all other county residents and felt that we are already paying for those services.  Lambert Deegan stated that the county should not charge us extra for things that we don’t use much, like parks which we don’t have.  Ron Hinckley volunteered to draft a letter to the County asking for clarification and more detail.

Mayor Duggin reported that the interlocal agreement for a Justice Court approved at our last meeting has been changed by the County Manager to keep all fees generated by fines of the Justice Court even though this is contrary to state statute.  Dan Harvath stated that the Justice Court is very important to us, but the County Manager is setting a bad precedent.  One person should not be able to write policy for the whole county.  The agreement may have to be renegotiated.

4. Discussion of Proposed Energy Tax

Treasurer Dan Harvath presented a spreadsheet indicating an estimate of funds that would be generated by 2%, 3%, 4% tax on propane, natural gas, and electricity.  Mr. Harvath indicated that his estimates might not be very accurate as every homeowner’s situation would be different.  Mr. Harvath did not have a recommendation about what percent tax should be levied.  Mayor Duggin stated that no one wanted to levy this tax because it is regressive, but we need more public funds.  Mr. Harvath reported that we financially sound right now, but costs are going up and revenues are remaining flat.  Class C road funds will cover the cost of a snow plow, but road improvements will have to wait.  Mayor Duggin responded that some road repairs must be made because delay will make future repair or replacement much more expensive.

Ryan Taylor from Epic Engineering reported that we can save 10 fold or more by crack sealing now rather than waiting and having the roads deteriorate further.   The mayor stated that we have looked into renting or buying a crack sealing machine, and we will be soliciting volunteers in the fall to help with the road repair project.

There was some discussion about ways of raising revenue other than through an energy tax.  Mr. Blotter suggested a transient room tax, but we have an ordinance prohibiting short term rentals.  Mr. Bunker commented that this is why we have to have a commercial area along our corridors.  We cannot survive as just a residential community.  Mr. Harvath suggested that with a justice court we could generate ticket revenue.

5. 5. Committee reports

Planning:

Councilman Bunker reported that the County will not allow their planning and building department to complete the projects that they had started for Daniel Town even though they have accepted fees and completed part of the work.  The barn project on 3000 South has been handed over to Daniel Town to complete.  It was decided that the mayor and Mr. Bangerter would approach the county to request that they complete the projects that are already in process.

Daniel Town has received 2 applications for zone change which will be considered in November.

Fundraiser:

Merry Duggin reported that the town fundraiser is tentatively scheduled for August 21, 2008 at the George Curtis farm.

CDBG:

Jonathan Blotter will be assisting Lambert Deegan in completing our Community Development Block Grant application for a large water tank for fire safety for Daniel and the south side of the Heber Valley.

6. Approval of minutes from the June 2, 2008 meeting

Mr. Bunker moved to accept the minutes with the changes proposed by Deputy Recorder Merry Duggin.  Mr. Blotter seconded the motion.  The motion passed unanimously.

7. Adjourn

Motion to adjourn was made by Mr. Blotter and seconded by Ms. Bateman.  The motion passed unanimously.  Mayor Duggin adjourned the meeting at 7:45 PM.