Daniel Town Council Meeting
And
BUDGET PUBLIC HEARING
Monday, June 10, 2013 at 6:00 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 6:02 PM when Mayor Duggin called the meeting to order.
Council member Kasey Bateman arrived at 6:20 PM. Recorder Merry Duggin was
present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance: John Glodowski, Lambert Deegan, Kim Norris and
Ryan Taylor.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
Mayor Duggin informed the Council of a situation on S. Daniels Rd. concerning
dogs being allowed to run loose and attack the neighbor’s cats. The mayor has contacted
the Wasatch County Sheriff Dept. and was informed that one complaint has been filed
against the owner of the dogs. Mayor Duggin has told the neighbors that they should file
additional complaints with the sheriff’s office if the situation continues. The sheriff will
respond to vicious dog complaints even though Town of Daniel does not currently
subscribe to the animal control program operated by Heber City for the Heber Valley
residents living outside of Daniel.
2) BUSINESS LICENSES
Renewal licenses will be mailed to several businesses including Express Wave,
Daniels Creek Construction, Bart Wilde and Associates, CCH2O, BCMI Electric, Little
Lady Lingerie, Jolley Kids, and Jolley Electric. An application for a new business in the
name of Sundance Ridge at 1766 E. Little Sweden Rd. for an adult addiction treatment
facility is pending and will be considered once the application is complete. Wasatch
Health Dept. has required conditions be met before it will approve the application.
3) APPROVAL OF MINUTES FOR APRIL 1, 2013 MEETING
Council member Bunker requested two minor word changes, and there was no
objection from the other Council members. Mr. Bunker also requested that the minutes
reflect that Council member Blotter asked the Planning Commission to review the water
rate and commercial meter issue for Town of Daniel. These changes were made.
Council member Bunker moved to approve the April 1, 2013 minute as
corrected. Council member Blotter seconded the motion, and the motion passed with
“aye” votes by Council members Bunker, Blotter and Mayor Duggin. Council member
Turner did not vote because he was absent from the April 1 meeting
APPROVAL OF MINUTES FOR MAY 6, 2013 MEETING
Council member Bunker noted that Mr. Hing and his children were not recorded
as being present at this meeting. Their names were added to the minutes.
Council member Turner then moved to approve the May 6, 2013 minutes as
corrected. Council member Blotter seconded the motion. The motion passed with
“aye” votes from Mayor Duggin, Council members Bunker, Blotter, and Turner.
4) RESOLUTION APPOINTING AND REAPPOINTING PLANNING
COMMISSIONERS
This resolution was continued from the April 1 meeting and from the May 6
meeting. Recorder Merry Duggin requested a resolution to clarify the term years that
each of the 7 Planning Commissioners is serving. Mayor Duggin read Daniel Resolution
2013-06-10A which lists the Planning Commission seats and occupants along with the
term expiration dates of each member. This resolution also appoints Pam Skinner to seat
3 to replace Barry Hobbs.
Council member Turner moved to approve and adopt this resolution. Council
member Blotter seconded the motion, and the motion passed by a unanimous vote of
the Council present. Council member Bateman was not yet present to vote, but he
arrived at this point in the agenda and was present for the following item.
5) PUBLIC HEARING TO OPEN THE 2012-13 BUDGETS TO ALLOW
ADDITIONAL REVENUES AND EXPENSES. POSSIBLE ADOPTION OF AN
AMENDED 2012-13 BUDGET
Council member Blotter moved to open the public hearing. Council member
Turner seconded the motion, and the Council voted unanimously to open the public
hearing.
Clerk/Recorder Merry Duggin presented amendments to the 2012-13 fiscal year
budget reflecting more revenue than anticipated and adjustments to the expenditures to
more accurately reflect the business of the Town. Council member Blotter asked if the
Town could incur an additional $10,000 in legal fees before the end of the year. Ms.
Duggin replied that it was possible since the budget must reflect expenses incurred in the
month of June even though the payment would be made in the next fiscal year which
begins July 1, 2013. Council member Bunker asked if the mayor had been reimbursed
for his purchase of weed chemicals. Mayor Duggin replied that he had been reimbursed
for that expense.
Council member Bateman moved to approve the amendments as presented. The
motion was seconded by Council member Turner, and the motion was approved by the
following vote: Duggin, aye; Bunker, aye; Blotter, aye; Bateman, aye; Turner, aye.
This was followed by the presentation of the Water Enterprise Fund amended
budget for 2012-13. The current year was estimated to operate at a loss, but the revenues
have been more than expected due to collection of accounts receivable. Daniel Municipal
Water is operating with a profit in 2012-13, and that amount will be available to be
carried over to 2013-14.
Council member Blotter moved to close the public hearing. This motion
seconded by Council member Bateman passed by a unanimous vote.
Council member Bunker moved to approve the amendment of the 2012-13
budgets and adopt Daniel Resolution 2013-06-10B. Council member Bateman
seconded the motion. The motion passed by a unanimous “aye” vote from Mayor
Duggin and Council members Turner, Blotter, Bateman, and Bunker.
6) PUBLIC HEARING CONCERNING 2013-14 TENTATIVE BUDGET
ADOPTED ON MAY 6, 2013, POSSIBLE AMENDMENT AND ACTION BY THE
COUNCIL TO ADOPT A FINAL BUDGET FOR FISCAL YEAR 2014.
Council member Blotter moved to open the public hearing. The motion was
seconded by Council member Bateman, and the Council voted unanimously to open
the public hearing.
After Clerk/Recorder Duggin presented the proposed budget ( which was adopted
as the tentative budget at the May 6 meeting), Mayor Duggin opened the floor for
comments and questions.
Council member Blotter asked how we would allocate items under the new
category in the of “Public Works” in the budget. Mayor Duggin’s answer is that the new
mayor and Council would determine the allocation as needs arise in the next fiscal year.
Mayor Duggin has performed many functions which would be considered “public works”
by himself or with volunteer assistance. This might not be possible under the next
mayor, and workers may need to be hired for specific needs or jobs.
Council member Blotter asked if the general operations budget should be a little
clearer about what the Town does for the culinary water system, and should the budget
reflect those costs?
Mr. Kim Norris suggested that we should allocate a set amount such as $3,000 for
weed spraying.
In discussion concerning the Water Enterprise Budget, Council member Bunker
pointed out that this budget might not allocate enough funds for hiring and training
employees. He feels that as the system grows or problems arise, the customers will
demand more services. Mr. Kim Norris stated that we should plan for paying for more
training for employees.
No changes were made to the proposed budget at this hearing.
Council member Blotter moved to close the public hearing. The motion
seconded by Council member Bateman passed with a unanimous “aye”.
Council member Blotter moved to approve Daniel Resolution 2013-06-10C to
adopt the budget for fiscal year 2013-14. This motion was seconded by Council
member Turner, and the General Operations budget was approved by the following
vote: Duggin, aye; Turner, aye; Bunker, aye; Bateman, aye; Blotter, aye.
It was determined that a second vote should be taken to approve the Water
Enterprise Budget. The motion to approve was made by Council member Blotter and
seconded by Council member Bateman. This motion was passed with the following
vote: Duggin, aye; Blotter, aye; Bateman, aye; Bunker, aye; Turner, aye.
7) POSSIBLE ADOPTION OF A CERTIFIED TAX RATE FOR 2013 PROPERTY
TAXES.
Clerk Recorder Duggin informed the Council that the certified tax rate would be
determined based on the amount of property tax revenue requested in the budget the
Council had just approved ($40,000). But she explained that because the appraised value
of the town’s properties had decreased over the last year, the certified rate would be
slightly higher than 2012 even though the Town Council is not requesting an increase in
property tax revenue. This certified tax rate will be provided by the Utah State Tax
Commission office and will be approved by the Daniel Town Council at the next meeting
scheduled for July 1, 2013.
8) UPDATE ON THE STORM HAVEN CULVERT SITUATION AND POSSIBLE
ADDITIONAL FEMA ASSISTANCE FOR THIS PROJECT
Town Engineer Ryan Taylor reported that he has been contacted by a new person
representing FEMA requesting additional information about the Storm Haven culvert ion
that the Town wanted to replace after the flooding in the Daniels Creek/Storm Haven area
in spring 2011. If FEMA agrees to provide funding, the Town would need to provide
25% of the replacement/repair costs with FEMA bearing the remaining 75%. Once it
appears that FEMA will approve funding, Mr. Taylor and Mayor Duggin would like to
proceed to design the project, put the project out to bid, and then allow the Council to
determine if the Town should incur the expense of this project once the costs are more
fully known.
9) PLANNING REPORT
Council member Blotter reported on the actions of the Planning Commission
concerning water revenue rates and presented a recommendation from the Planning
Commission that the Town should no longer have a 5/8” or 4” meter size. The
recommendation is for the Town to use a ¾” meter at a rate of $35.00 per month, 1”
meter for $50.00, 1/5” for $70.00, 2” for $112.00, and 3”for $315.00. (The size of the
meter would be based on the needs of the facility and/or fire marshal requirements.
Anyone required to build with interior sprinklers would require a 1” meter for fire flows.)
Over use rates would remain unchanged, and the base rate would allow up to 20,000
gallons per month.
Council member Blotter moved to approve the recommendation of the Planning
Commission on these water rates. The motion was seconded by Council member
Turner.
In discussion, Council member Bunker thought the $50 per month fee was a little
too high and suggested it should be $45.00. Mr. Kim Norris wanted to note that the
Planning Commission recommended a $50 rate.
Council member Blotter withdrew his motion, and Council member Bunker
moved to approve the rates with the $50 charge for a 1” meter be changed to $45 per
month base rate. Council member Bateman seconded the motion, and the motion was
written into Daniel Resolution 2013-06-10D. The motion passed by the following vote:
Duggin, aye; Turner, aye; Bateman, aye; Blotter, aye; Bunker, nay.
Council member Bunker, as the Planning Director for the Town, asked the
Council for directions on how to handle zoning certificates issued by Wasatch County
before Town of Daniel incorporated and now being presented by property owners
wanting to develop to Town of Daniel officials. According to Mr. Bunker, approvals
usually expire within one year, and the municipality’s job is to eliminate non-conforming
lots. He wanted to know if he should still recognize the zoning certificates from Wasatch
County. The Town has been handling its own zoning and building for several years. He
noted that no owner had yet been denied.
Council member Blotter thought it would be good to review these certificates and
decide on a case by case basis whether an owner could build. Council member Turner
agreed with this idea.
Mr. John Glodowski felt that the Town would collect more taxes if the owners
are allowed to build and should be allowed to do so, especially if the history of the lot
indicates that a house had already existed there.
Mayor Duggin does not want the Town to appear punitive in not honoring the
certificates from the County. He would like to honor them.
Council member Blotter moved that the Daniel Town Council should review
these situations on a case by case basis with recommendations from the Planning
Commission on each one. Council member Turner seconded the motion. The motion
passed by the following 4 to 1 vote: Duggin, aye; Blotter, aye; Bateman, aye; Turner,
aye; Bunker, nay.
Mr. Bunker also reported that the Sundance Ridge project is pending until the
owners satisfy the Wasatch County Health Dept. The Town has not received a report
from the Fire Dept. yet. But the Planning Commission has placed several conditions on a
conditional use approval for Sundance Ridge.
Mr. Bunker requested that the Town contribute toward his Utah State retirement
based on the salary that he receives from Town of Daniel. Mayor Duggin felt that the
Town could comply with his request if the conditions are as presented by Mr. Bunker.
Mayor Duggin has asked Treasurer Sherri Price to investigate this issue.
10) DANIEL MUNICIPAL WATER ISSUES
Mr. Kim Norris asked if the Town is still going to do some work on Fisher
Spring. Mayor Duggin responded that we will install a manhole when the workload
permits.
11) POSSIBLE CLOSED SESSION TO DISCUSS REASONABLY PENDING
LITIGATION
Council member Blotter moved to go into closed session to discuss reasonably
pending litigation. Council member Turner seconded the motion, and the Council
voted unanimously to go into closed session.
Council member Blotter moved to come out of closed session. Council member
Bateman seconded the motion, and the Council voted unanimously to end the closed
session.
Back in open session at 8:20 PM
12) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS,
UPDATE INFORMATION CONCERNING THE MUNICIPAL ELECTION FOR
NOVEMBER 2013, ETC.
Clerk Recorder informed the Council of the candidates for municipal office:
Lance “Chip” Turner has filed for mayor, and John Glodowski and Kasey Bateman have
filed for Town Council seats with a 4 year term. As these candidates appear to be
running unopposed, the Clerk will most likely recommend cancelling the November
election, unless the situation changes.
The warrants were presented.
Council member Bateman moved to approve the warrants as presented.
Council member Turner seconded the motion, and the motion passed by the following
vote: Bunker, aye; Duggin, aye; Turner, aye; Bateman, aye; Blotter, nay
13) ADJOURN
Council member Turner moved to adjourn. After a second from Council
member Bateman and a unanimous vote by the Council members present, Mayor
Duggin adjourned the meeting at 8:30 PM.
Merry Duggin,
Recorder