Daniel Town Council Meeting
Monday, May 6, 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 and Chip Turner were present at 6:00 PM when Mayor Duggin called the meeting to order. Council member Jon Blotter arrived at 6:15 PM. Council member Kasey Bateman was absent. Recorder Merry Duggin was present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance: Pam Skinner, John Glodowski, Lambert Deegan, Kerrington Hing and his two children, Gary Walton and Ryan Taylor.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
Mayor Duggin informed the Council of a letter that the Town has received from attorney Corbin Gordon concerning annexation petition for a property owned by Mr. Mike Peterson on the southwest corner of the 189/3000S intersection just west of Daniel. The discussions centered on whether the Town of Daniel should protest this annexation into the Charleston Water Conservancy District and request a public hearing. It was determined that this property could be in Town of Daniel’s 20 year annexation plan, and Daniel Municipal Water could provide water to this property if the owner would agreed to extend the Town of Daniel waterline to his property line. Mayor Duggin asked Council member Bunker to write a letter to request a public hearing.
2) BUSINESS LICENSES
Renewal licenses will be mailed to New Leaf Art Studio and Timberline Lumber. 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 will be considered after a public hearing for this conditional use in the RA-5 zone takes place on May 22.
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. However, Mr. Bunker disagreed with the Recorder’s account of the Daniel Municipal Water discussion held at the April 1 meeting. After a short discussion, it was decided that Mr. Bunker would review the recording of the meeting to clear up the discrepancy.
Council member Bunker moved to table the April 1, 2013 minutes. Council member Blotter seconded the motion, and the motion passed with “aye” votes by Council members Turner, Bunker, Blotter and Mayor Duggin. Council member Bateman did not vote because he was absent.
4) RESOLUTION APPOINTING AND REAPPOINTING PLANNING COMMISSIONERS
This resolution was continued from the April 1 meeting. Recorder Merry Duggin requested a resolution to clarify the term years that each of the 7 Planning Commissioners is serving. The Recorder’s office record differs from that of the Chair of the Planning Commission. Instead of considering a resolution at this time, Ms. Duggin and Council member Bunker agreed to meet and discuss the issue.
Council member Bunker moved to table this resolution. Council member Blotter seconded the motion, and the motion passed by a unanimous vote.
5) PRESENTATION BY SHERRI PRICE, TREASURER, OF THE 2014 TENTATIVE BUDGET, POSSIBLE AMENDMENT AND ACTION BY THE COUNCIL TO ADOPT A TENTATIVE BUDGET. SETTING THE DATE FOR THE PUBLIC HEARING TO ADOPT A FINAL BUDGET FOR 2014
Ms. Price presented the tentative budget to the Council with a few comments justifying the line item amounts, and she explained that some of the amounts have been increased because 2013-14 will be a transitional year with a new mayor who may need funding for new works. Lambert Deegan asked why “Public Works” should not be included under “Highways and Streets”. Ms. Duggin responded that it was a general heading to cover different kinds of services that the Town might need, some might be related to streets, but others might not.
After presentation of the Water Enterprise Fund tentative budget, Council member Blotter asked if it would be a good idea to pass a budget that shows a “loss”. Ms. Duggin responded that the fund does not have to show a profit and can be subsidized by the Town, if necessary, but revenues and expenses are only estimated. The current year was estimated to operate at a loss, but the revenues have been more than expected. Daniel Municipal Water is operating with a profit in 2012-13, and that amount could be carried over to 2013-14.
Council member Blotter moved to approve the tentative budget as presented. Council member Turner seconded the motion. The motion passed by a unanimous “aye” vote from Mayor Duggin and Council members Turner, Blotter, and Bunker. Council member Bateman was not present to vote.
Later in the meeting a budget public hearing date was set for June 10, 2013 at 6 PM.
6) DISCUSSION AND POSSIBLE APPROVAL OF NEW BUILDING PERMIT FEES BY RESOLUTION. A RECOMMENDATION FROM THE DANIEL PLANNING COMMISSION HAS BEEN CONSIDERED.
Mayor Duggin read Daniel Resolution DR 2013-05-06B to adopt a new building fee schedule for Town of Daniel. The Council had received the fee schedule prior to the meeting and had a few questions. Council member Turner asked if all fees were increased by the same percentage. (Answer “yes”) Council member Blotter thought that the new rates seemed high especially in the lower valuation categories such as $500. He wondered if anyone had looked at what other municipalities are charging for these services. Mr. Ryan Taylor indicated that many small projects do not require a permit and would not be charged any fees unless an inspection were performed. He had not experienced the problem that Mr. Blotter was concerned about.
Council member Bunker stated that the Planning Commission had looked at the Town’s cost to provide inspection services and needed to increase fees to cover the cost because Town of Daniel, having few employees, has to hire outside professionals to do this work. He also stated that Wasatch County and Midway charge higher fees. Heber City may charge less in some areas, but they require permits for so many more projects than Town of Daniel would ever require. He went on to remind the Council that the lower fees are only being increased by a small amount. The real increase in fees occurs in projects with a valuation of over $1,000,000.
Mayor Duggin stated that the Planning Commission had done a lot of work researching and compiling the new fee schedule. He would like to pass it and move forward. If the fees proved to be too high, the schedule could be reconsidered by the Council in the future.
Council member Turner moved to approve the new building fee schedule. Council member Bunker seconded the motion. The resolution and fee schedule passed with “aye” votes from Council members Bunker and Turner and Mayor Duggin. Council member Blotter voted “nay”. Council member Bateman was absent.
7) RESOLUTION APPROVING THE ADOPTION AND SUPPORT OF THE COMMUNITY COVENANT TO HONOR AND CELEBRATE MILITARY MEN AND WOMEN OF WASATCH COUNTY AND TOWN OF DANIEL.
Resolution DR 2013-05-06C was adopted without discussion. Council member Blotter moved to approve the Resolution, and Council member bunker seconded the motion. The motion passed with a unanimous vote of the Council members present. Council member Bateman was not present to vote.
8) DISCUSSION BY COUNCIL AS TO REQUESTING A SEAT ON THE WASATCH COUNTY BOARD OF HEALTH TO REPRESENT TOWN OF DANIEL RESIDENTS.
Mayor Duggin asked for discussion, but there did not seem to be much interest in pursuing a seat on the Board of Health from the Council members. Mayor Duggin moved to the next agenda item.
9) PLANNING REPORT
Council member Bunker made the Council aware of a public hearing that has been scheduled for a conditional use application for an adult addiction treatment facility to be located at 1766 E. Little Sweden Rd. The public hearing will be held at the next Planning Commission meeting on May 22, 2013 at 7 PM.
Council member Blotter hoped that the Town would make every effort to inform the residents of this public hearing.
10) DANIEL MUNICIPAL WATER ISSUES
Mr. Gary Walton, water manager, did not have any issues to discuss with the Council at this meeting.
11) POSSIBLE CLOSED SESSION TO DISCUSS REASONABLY PENDING LITIGATION
Council member Turner moved to go into closed session to discuss reasonably pending litigation. Council member Blotter seconded the motion, and the Council voted unanimously to go into closed session.
Back in open session at 8:32 PM
12) RESOLUTION TO APPROVE EXPENSES INVOLVED IN EFFORTS TO PROHIBIT RECYCLED WASTE WATER FROM ENTERING DANIEL.
Mayor Duggin read DR 2013-05-06D, a resolution approving funds to move forward with legal proceedings, if necessary, to insist that Central Utah Water Conservancy District honor its 1996 contract with Daniel Irrigation to provide irrigation water from the Jordanelle Reservoir.
Council member Blotter moved to pass this resolution. Council member Turner seconded the motion. The following vote approved the resolution: Mayor Duggin, aye; Council member Turner, aye; Council member Blotter, aye; Council member Bunker abstained. Council member Bunker stated that he has a potential conflict of interest. Council member Bateman was absent.
13) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS, ETC.
Ms. Duggin informed the Council that she would not be able to attend the June 3 meeting, and she requested that the meeting be moved to June 10 at 6 PM and hold the budget public hearing at that time. Council member Bunker moved to approve the meeting date change and public hearing. Council member Turner seconded the motion, and the motion passed with all 4 Council members present voting “aye”.
Council member Blotter 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; Blotter, aye. Council member Bateman was not present and did not vote.
Clerk/Recorder Duggin also announced that the candidacy filing period for the November 6 election has been moved and shortened to June 3 through June 7. The necessary forms are posted on the Town’s website.
14) ADJOURN
Council member Turner moved to adjourn. After a second from Council member Bunker and a unanimous vote by the Council members present, Mayor Duggin adjourned the meeting at 8:44 PM.
Merry Duggin,
Recorder