Daniel Town Council Meeting
Monday, November 7, 2011 at 5:30 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, UT
Full quorum present: Mayor Michael Duggin, Council members Eric Bunker, Chip Turner, Jon Blotter, and Kasey Bateman were present at 5:35 PM when Mayor Duggin called the regularly scheduled meeting to order. Recorder Merry Duggin was present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance: Tom Rawlings, Janet Robinson, Justin Robinson, Gary Walton, John Glodowski, Mike and Romy Sullivan, Lorie Hobbs, Barry Hobbs, Gary Weight, Jeremy and Lynett Kohler.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
Jeremy Kohler complained to the Town Council about the Wasatch Mobile Home Park adjacent to his property at the corner of 3000 South and Daniels Rd. According to Mr. Kohler, there have been numerous problems including a fire, fights, and calls made to the sheriff’s office over a long period of time. The fence is in disrepair and falling on his property, and he also has worries about the septic system at this location. Council member Bunker stated that this mobile home park existed before the Town’s incorporation and thus is grandfathered in its current state. Mayor Duggin noted that we have a nuisance ordinance which might be helpful. Mayor Duggin will contact the Wasatch County Health Department for assistance in investigating the situation, and he will also check with the Wasatch County Sheriff’s office for the call record.
2) BUSINESS LICENSE APPLICANTS
Recorder Merry Duggin presented an application for a new license for Housekeeping by Dawn, owner Dawn Franson in the Storm Haven area. Ms. Duggin was unable to contact Ms. Franson to invite her to the Council meeting, but the Council agreed to consider her application in her absence. Council member Bateman moved to accept the application. The motion was seconded by Council member Turner. The application was approved by the following vote: Duggin, aye; Bunker, aye; Turner, aye; Bateman, aye; Blotter, nay.
3) APPROVAL OF MINUTES FOR OCTOBER 3, 2011 MEETING.
Council member Bunker moved to approve the minutes as presented. The motion died for lack of a second. Council member Blotter said that he had not had time to review the minutes, and Council member Bateman would have to abstain because he was absent from the October 3 meeting. It was agreed to table the minute approval until the next meeting.
4) DANIELS ACADEMY REQUEST TO INCREASE NUMBER OF STUDENTS AT THE SCHOOL AND CONDITIONAL USE “ALTERNATIVE HIGH SCHOOL”. DISCUSSIONOF OPTIONS AVAILABLE TO SCHOOL STAFF AND POSSIBLE SETTING OF A DATE FOR A PUBLIC HEARING CONCERNING THE ISSUE. POSSIBLE CLOSED SESSION TO DISCUSS LEGAL STRATEGY.
Mayor Duggin read the request from Daniels Academy to be approved for an increased number of students from 8 to 16 and as an alternative high school with the proposed conditional use. He also spoke of two complaints concerning Daniels Academy that had been received by the Town from Barry Hobbs and Mike and Romy Sullivan.
Justin Robinson, director of Daniels Academy, responded to a question from Mike Sullivan who asked how an alternative high school would be different than what is currently in place. Mr. Robinson said that the school would commit to accepting only young people with Asperger’s or autism spectrum disorders as students.
John Glodowski asked what would happen if a kid gets in by mistake?” Mr. Robinson indicated that the testing that applicants go through in the application process gives them a “pretty good idea” before a child is accepted, but if problems crop up, the student is expelled.
Lorie Hobbs pointed out that a school is not currently a conditional use in the P160 zone (where the school’s property is located). Mayor Duggin responded that if the Council chooses to agree to the request for Daniels Academy, the Town Council would have to go through the full process of changing the Daniel Municipal Code. Council member Blotter and Turner said that the Town should approach this carefully.
Gary Weight commented that he was disappointed that Daniels Academy didn’t ask for an increase in students prior to accepting more than 8 students. Mayor Duggin responded that the number of students should be based on some sort of concrete specifications such as square footage, for instance, to comply with the law.
Justin Robinson stated that as soon as the issue was brought to his attention, he started the discussion to resolve the issue. The State of Utah has issued Daniels Academy a license for 18, but he has no intention of going beyond 16 students to create the academic environment necessary for these students to succeed. The school cannot financially meet its obligations with less than 16 students. If this number is not granted, the school will move to another location and some other program would come into the Daniels Academy building. Mr. Robinson wants to stay in this building and run this program long term. He is receiving calls from all over the country asking about his program for these special students.
Lorie Hobbs commented that Daniels Academy came into Daniel under the “disability” ordinance. She contends that if the number of students is raised, it will set precedence to allow other groups who want to come into Daniel. The Town will have no options if “sex addiction” is considered a “disability”. She also asked if this new director got a new business license and was informed of the 8 student limitation.
Justin Robinson explained that he is a new director, but this is not a new program and is working under the same license as the earlier director. The state license is for 18 students.
Mayor Duggin asked the Council members for direction on how they would like to proceed.
Council member Blotter stated that Daniels Academy is asking for a high school with 16 kids. He felt that the Council should take a “step back” and decide if the Town wants this as a new conditional use for the P160 zone. When Lorie and Barry Hobbs voiced disapproval of more than 8 students being allowed, Council member Blotter noted that a property owner has the right to request a conditional use.
Mayor Duggin reminded the Council that the Town is required to make a reasonable accommodation for a residence for persons with disabilities.
Gary Weight felt that the Council would not now approve a new business license for a school in that area given the current amount of traffic, but it would have nothing to do with whether it was a good program or a bad program.
Barry Hobbs complained that the noise and activity at Daniels Academy picked up when the new director took over in March 2011. He recommended that the Council should look to our General Plan for guidance on how to handle this request. No house in Daniel has 16 people living there.