Town of Daniel
Daniel Town Council Meeting
May 3, 2010
Wasatch County Services Building
Room 126
55 South 500 East
Heber City, Utah
5:30 PM
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, Chip Turner, Kasey Bateman, and Jon Blotter. Recorder Merry Duggin was present to record the minutes.
Mayor Duggin called the regularly scheduled meeting to order at 5:35 PM.
Members of the public in attendance: Lambert Deegan, Darwin McGuire, John Hines, Gary Walton, Tom Rawlings, Shelly Bunker, and Ryan Taylor.
1) PUBLIC COMMENT CONCERNING ANY ISSUE THAT IS NOT ON THIS AGENDA.
There was no public comment.
2) ACCEPTANCE OF THE RESIGNATION OF DAN HARVATH AND INTRODUCTION OF OUR NEW TREASURER SHERRI PRICE TO THE TOWN COUNCIL.
Mayor Duggin announced the resignation of our treasurer Dan Harvath, and then he introduced Sherri Price to the Town Council members. Ms. Price has been in training with Mr. Harvath for several weeks.
3) PRESENTATION OF THE TENTATIVE BUDGET FOR FISCAL YEAR 2010-11 FOLLOWED BY DISCUSSION AND POSSIBLE AMENDMENT BY THE DANIEL TOWN COUNCIL.
Recorder Merry Duggin presented the council members with a tentative budget explaining that this budget should be a guideline upon which the final budget will be based and subject to adjustment and input by the council members. Mayor Duggin explained that Class C road funds may only be used for road maintenance and improvement. Council member Turner asked if we have a standard concerning road maintenance. Mayor Duggin explained that our Capital Facility Plan for roads has a recommended maintenance and replacement priority list, and he would like to follow that as closely as our finances would allow because it would be very difficult to replace our roads all at the same time. Darwin McGuire asked about the line item in the budget for land acquisition. It was explained that this line item was in the 2009-10 budget and would not likely be a line item in the next fiscal year. No additional land acquisition is planned at this time. Council member Bunker asked about the liquor license allocation, and Recorder Duggin responded that this is a relatively small amount of revenue that comes directly from the state once a year and is based on population numbers.
There were no further questions, and Recorder Duggin reminded the Council members that the budget for the next fiscal year would be presented at a public hearing to be held at the next Council meeting on June 7 at 5:30 PM.
4) DISCUSSION CONCERNING EXCESSIVE NOISE IN TOWN OF DANIEL.
Council member Turner asked that this issue be discussed due to a complaint that he received concerning excessive noise at the trailer park located on the corner of Daniel Road and 3000 South. Council member Bunker pointed out that our Daniel Municipal Code does not currently include an ordinance that directly deals with excessive noise, and we would need to look at the issue carefully before passing an ordinance. Council member Bateman commented that noise would be a problem when it infringes on the rights of others. Mayor Duggin wondered if excessive noise would be considered “disturbing the peace” and might warrant a call to law enforcement, but he hoped that we could write a letter to the owner of the property explaining the problem and receive cooperation from the residents. Council member Turner agreed that we should have more facts before any action should be taken.
5) CONSIDERATION AND POSSIBLE ADOPTION OF DANIEL RESOLUTION 2010-05-03A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE. ALSO CONSIDERATION AND POSSIBLE ADOPTION OF DANIEL RESOLUTION 2010-05-03B EQUAL EMPLOYMENT OPPORTUNITY RESOLUTION.
Mayor Duggin explained that these two resolutions are required to be passed by entities applying for CDBG funds, and it has been determined that Daniel needs to comply by passing these resolutions. Council member Bunker commented that he had looked at the federal law referenced in the Anti displacement resolution and discovered that it is very extensive. He did not feel that he had received sufficient time to read and understand all that might be involved in passing the resolution.
Council member Blotter pointed out that we aren’t displacing any people for this water project. Mayor Duggin commented that Town of Daniel is always required to adhere to federal law, with or without passing a resolution addressing it.
Shelly Bunker objected to the Town Council passing a resolution that would “tie the hands of future town councils.”
Council member Bateman moved to pass Daniel Resolution 2010-05-03A, and the motion was seconded by Council member Blotter. Mayor Duggin called for discussion.
Council member Bunker felt that he had not received the resolution early enough before the meeting to complete his research and understand the information needed to vote on this resolution. He felt that this should have been sent to the Planning Commission before coming to the Town Council.
Council member Bateman withdrew his motion. Council member Blotter moved to approve Daniel Resolution 2010-05-03A, but with two changes 1) add “for use with Federal Funds” to the title, and 2) remove item D from the Displacement Strategy section. Council member Bateman seconded the motion. Mayor Duggin called for a vote. The motion passed by the following vote: Duggin, aye; Bateman, aye; Blotter, aye; Turner, aye; Bunker, nay.
Mayor Duggin then read Daniel Resolution 2010-05-03B Equal employment opportunity and called for discussion. Gary Walton wondered why the Town Council would need to pass this resolution since this issue is already addressed by state and federal law. Council member Bunker suggested that we should allow Utah State law to define “person with disability”. Council member Bunker then moved to approve DR 2010-05-03B but remove the portion of the resolution that defined “person with disabilities”. Council member Turner seconded the motion, and the Council voted unanimously to approve the resolution with the suggested change.
6) COMMITTEE REPORTS
DANIEL MUNICIPAL WATER IMPROVEMENT PROJECT
Engineer Ryan Taylor explained to the council that we are in the process of GPS meter mapping the water system. This should allow for better accuracy and more favorable bids in the bidding process. The Daniel Road pipeline project should begin next week.
7) RECORDER’S OFFICE
Recorder Merry Duggin reported that Daniel had a 68% response to the census and that census takers would be visiting the homes of the people who had not responded by mail. Warrants were presented and approved for payment. The public hearing for the FY 2011 Budget is scheduled for June 7, 2010 at 5:30 PM. Council member Blotter moved that the Council should hold a public hearing to discuss and possibly amend Town officer compensation, and the motion was seconded by Council member Turner. The motion passed by a unanimous vote. The public hearing will also be scheduled for June 7 at 5:30 PM.
8) APPROVAL OF MINUTES FOR THE APRIL 5, 2010 MEETING AND CDBG SECOND PUBLIC HEARING
Council member Bunker moved to approve the minutes as presented, and Council member Bateman seconded the motion. The motion passed by a unanimous vote.
9) ADJOURN
Council member Turner moved to adjourn. Council member Bateman seconded the motion. After a unanimous vote by the Council, Mayor Duggin adjourned the meeting at 7:11 PM.
Merry Duggin,
Recorder