Town of Daniel
Daniel Town Council Meeting
And Public Hearing
Monday June 7, 2010 at 5:30 PM
Wasatch County Services Building, Room 126
55 South 500 East
Heber City, Utah
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, Chip Turner, and Kasey Bateman. Council member Jon Blotter arrived at 5:40 PM. Treasurer Sherri Price was present, and Recorder Merry Duggin was present to record the minutes.
Mayor Duggin called the regularly scheduled meeting to order at 5:30 PM.
Members of the public in attendance: Lambert Deegan, John Hines, Gary Walton, John Glowdowski, Blaine Smith, Fred Fage, Kim Norris, and Shelly Bunker.
1) PUBLIC COMMENT CONCERNING ANY ISSUE THAT IS NOT ON THIS AGENDA.
There was no public comment.
2) DANIEL MUNICIPAL WATER ISSUES: Possible connection for Fred Fage residence on 600 East, discussion concerning agreement letter for water users with delinquent payments, etc.
Mr. Fred Fage was present to request water service from Daniel Municipal Water because he has a failed well, and he suggested that he be allowed to run a temporary 1”poly line across his neighbor’s (Townley) property from Little Sweden Road water line to his residence on 600 East. Water manager Gary Walton explained that if the main water line ran in front of the Fage residence, Mr. Fage would be required to pay a connection fee and all costs for the hook up to this residence. Since this particular situation requires an extension of the line, Mr. Fage would have to also pay for the line extension. Mr. Fage requested that the Town pay for these expenses.
Council member Blotter arrived at 5:40 PM.
Discussion from the Council followed. Mayor Duggin stated that Town of Daniel would like to accommodate Mr. Fage, but the Town could not set a precedent of making exceptions to our ordinances nor cause liability or expense to the Town and could not bear the expense of a line extension or hookup. Council member Bunker agreed. Council member Turner pointed out that the Town is in the process of upgrading the water system, and we must not approve exceptions or standards that would be lower than the new standards. Town of Daniel must have oversight and control over any work that is done on the system. Council member Bunker stated that the Town is willing to look at this hookup only because of the health and safety of the residents of this home, but the Council must consider the Town’s interests. He suggested that Mr. Fage would have to give up his well right to the Town and grant a 50’ easement from the Watson’s fence line on 600 East eastward toward the Fage house. Mr. Fage was not agreeable to the conditions. Council member Turner did not feel comfortable making a decision on this “temporary” hookup without more information.
Council member Bunker moved to continue this issue with a list of conditions for Mr. Fred Fage including: 1) A service contract should be written including language concerning the temporary nature of the 1” line. 2) Mr. Fage would have to grant a 50’ easement and also convince his neighbor Wayne Townley to grant a 50’ easement to Town of Daniel. 3) Mr. Fage would surrender his well right to the Town. 4) Mr. Fage would agree to pay a $5000 fee plus costs of the hook up. Mr. Bunker also made it clear that this would be a one time special circumstances situation for the health, safety and welfare of these residents of this house. If these conditions should be met, Mr. Bunker felt that the Council could approve this connection request. Council member Bateman seconded the motion. The motion passed by the following vote: Duggin, aye; Bunker, aye; Bateman, aye; Blotter, aye; Turner, nay.
Mr. Gary Walton, water manager, then asked the Council to approve a letter to be used to establish agreements for payment plans with water users delinquent in their payments. The letter will be forwarded to the Council members by email and approved by the members before it is sent.
3) APPOINTMENT OF NEW MEMBERS TO THE DANIEL PLANNING COMMISSION AND BOARD OF APPEALS.
Council member Bunker announced that he had four applicants for the 2 vacant Planning Commission positions including: Jim McCleary, Diane Grose, Elaine Murdock, and Blaine Smith. John Glowdowski, a member of the public present, indicated that he would also like to be considered for a position, bringing the number of applicants to five. After discussion, Mayor Duggin asked the Council members to vote for two persons. The vote was as follows: Blaine Smith, 4; John Glowdowski, 3; Elaine Murdock, 2; Diane Grose, 1; Jim McCleary, 0.
Mayor Duggin read Daniel Resolution DR 2010-06-07A appointing Blaine Smith and John Glowdowski to the Planning Commission to fulfill the remaining months of the vacant positions. Council member Blotter moved to approve the resolution. The motion seconded by Council member, Turner passed by a unanimous vote. Council member Bunker will ask Ms. Murdock and Ms. Grose if they will serve on the Board of Appeals.
4) OPENING OF THE WATER ENTERPRISE FUND AND BUDGET FY 2009-10, DISCUSSION AND AMENDMENT BY THE DANIEL TOWN COUNCIL TO ALLOW ADDITIONAL REVENUE AND EXPENSES
Recorder Merry Duggin explained that the FY 2009-10 budget required amendment to allow for payment of invoices received for this fiscal year beyond funds appropriated and pointed out that the Town had received more revenues than expected allowing for these payments to be made. The motion to open the public hearing was made by Council member Blotter, seconded by Council member Turner, and passed unanimously. There were no comments by the public. Council member Blotter moved to close the public hearing. The motion, seconded by Council member Bateman, passed unanimously.
Mayor Duggin read Daniel Resolution DR 2010-06-07B approving the budget amendments. Council member Turner moved to approve this resolution. The motion seconded by Council member Bateman, passed by a unanimous vote.
5) PUBLIC HEARING CONCERNING TOWN OFFICER COMPENSATION. THE TOWN COUNCIL WILL HEAR PUBLIC COMMENT AND CONSIDER ADOPTION OF A NEW PAYMENT SCHEDULE FOR TOWN OFFICERS AND EMPLOYEES
Council member Blotter moved to open the public hearing. Seconded by Council member Turner, the motion passed by a unanimous vote.
Council member Turner noted that the current compensation would not entice anyone to apply for town jobs. Council member Blotter suggested that the Mayor position should be increased from $7,200 to $9,000 per year, and the Planning Director position should be increased from $13,600 to $15,000. The Treasurer position should remain at $4,800 per year, Planning secretary at $2,400 per year, and the Recorder at $4,800 per year. Merry Duggin would begin to receive compensation as of July 1, 2010 having worked as a volunteer clerk/recorder up to that date.
Mayor Duggin believed that the Town Council members should be compensated and suggested $100 per month would be a fair amount for them to receive. Lambert Deegan agreed that the Town Council should receive at least a token payment and suggested $50 per month. Shelly Bunker also approved the $50 payment. Mr. Kim Norris asked for a vote of the audience to approve a $49 per council member per month payment, and the audience voted unanimously to approve this amount. But Council member Blotter disagreed that the Council should be paid. There being no further comment Mayor Duggin closed the public hearing.
Council member Blotter moved to adopt ordinance DO 2010-06-07 establishing the pay schedule he had proposed (listed above in the minutes). This motion was seconded by Council member Bateman. Mayor Duggin called for a vote. The motion passed by the following vote: Duggin, aye; Blotter, aye; Bateman, aye; Bunker, nay; Turner, nay. The new pay schedule for a total of $36,000 per year will be in effect as of July 1, 2010.
6) PUBLIC HEARING BUDGET FY 2010-11. AFTER RECEIVING PUBLIC COMMENT, THE TOWN COUNCIL WILL CONSIDER ADOPTION OF A FINAL BUDGET FOR FY 2010-11.
Council member Bunker moved to open the public hearing. Council member Blotter seconded the motion, and the Council voted unanimously to open the public hearing.
Treasurer Sherri Price presented the proposed budget to the Town Council. Mayor Duggin asked for comments from the public, and John Glowdowski asked a question concerning the land acquisition line item. It was explained that the land acquisition was in the FY 2009-10 budget but not in the FY 2010-11 budget.
Council member Bateman suggested that the Water Enterprise fund might need additional funding for payroll and suggested that the payroll be increased from $7,000 to $9,000.
There being no further comments, Council member Bunker moved to approve the proposed budget with the one suggested amendment. Council member Blotter seconded the motion. The Council voted unanimously to approve the FY 2010-11 budget and passed Daniel Resolution 2010-06-07C adopting the budget. A copy of the budget is attached to these minutes.
Council member Blotter moved to close the public hearing. The motion seconded by Council member Bateman, passed by a unanimous vote.
7) COMMITTEE REPORTS
Council member Bunker reported that Planning has served stop work orders on agricultural buildings being built by Jeremy Keele and Ed Houston for lack of a permit application. He also announced that the school was trying to complete requirements for a conditional use permit.
8) RECORDER’S OFFICE REPORT
Recorder Merry Duggin presented warrants for approval. Council member Bateman moved to approve the warrants for May. Council member Turner seconded the motion, and the warrants were approved by Bateman, Bunker, Turner, and Duggin. Council member Blotter had left the meeting a few minutes early.
9) APPROVAL OF MINUTES FOR THE MAY 3, 2010 MEETING.
Council member Bunker moved to approve the minutes as presented. Council member Bateman seconded the motion, and the four council members present voted in favor of approving the minutes.
10) ADJOURN
Council member Turner moved to adjourn. Council member Bateman seconded the motion, and the present council members voted to adjourn. Mayor Duggin adjourned the meeting at 8:50 PM.
Merry Duggin,
Recorder