Daniel Town Council Meeting
Monday, October 3, 2011 at 5:30 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 5:35 PM when Mayor Duggin called the regularly scheduled meeting to order. Council member Jon Blotter arrived late at 5:41. 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: Lambert Deegan, Tom Rawlings, Janet Robinson, Justin Robinson, Gary Walton, John Glodowski and Ryan Taylor.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
Mr. Lambert Deegan asked if the roads would be crack sealed this fall. Mayor Duggin hoped that this would be done, but it might be postponed until spring.
2) BUSINESS LICENSE APPLICANTS
No applicants for new business licenses were present.
3) APPROVAL OF MINUTES FOR AUGUST 1, 2011 AND SEPTEMBER 12, 2011 MEETING.
Council member Bunker moved to approve the minutes as presented. Council member Turner seconded the motion. Mayor Duggin and Council members Turner and Bunker voted to approve this motion.
4) DANIELS ACADEMY. POSSIBLE APPLICATION TO INCREASE NUMBER OF STUDENTS AT THE SCHOOL.
Mayor Duggin read into the record a letter from Justin Robinson, director of the Daniels Academy program, requesting that the school be allowed 16 students for the sake of the program’s success. (A copy of the letter is attached to these minutes.) Mayor Duggin then commented that the original process at the school’s establishment was done to minimize impact on the neighbors to the school, and he would like to see the program remain in Daniel possibly as a therapeutic boarding school with 16 students.
Council member Turner shared his experience of visiting the school. He had a very positive opinion of the program currently being offered at the school.
Mr. Justin Robinson informed the Council that the program does not work with juvenile delinquents and is taking only boys with Asperger’s syndrome and non verbal learning disorders that have difficulty reading facial expressions. These students lack social skills and have been victims of bullying in regular public schools. Daniels Academy is currently a high school accredited by the Northwest Accreditation Commission and needs 16 students to fund the payroll for the required staff.
Council member Blotter commented that some members of the community had real concerns about a school in this location and felt it should be limited by size, fire safety, traffic, and other restrictions. But the program is different than what he originally imagined. He asked if the school was requesting a zoning change.
Mayor Duggin felt that this request would not require a zoning change but would require a new conditional use in the P160 zone. The process would require a Daniel Municipal Code modification with 2 public hearings before a conditional use permit could be issued. He pointed out that the Wasatch County Health Department has approved the septic at the school facility for 16 residents.
Council member Bunker reminded everyone that the school has been operating under a permitted use as a residence for persons with disability, not under a conditional use. Council members Blotter and Turner noted that the school is currently out of compliance by their own admission.
All of the Council members were concerned about avoiding discrimination and would like to proceed cautiously and legally. Mayor Duggin asked Council member Bunker if he would discuss this issue with the Planning Commission, and he also asked the Robinsons to provide guidance to the Council on the legalities of their situation to protect the community.
At the suggestion of Council member Turner, the Council agreed to table this issue, gather information and work to resolve the situation at a later meeting.
5) CONSIDERATION OF A RESOLUTION TO CANCEL THE NOVEMBER 2011 MUNICIPAL ELECTION FOR TOWN OF DANIEL TOWN COUNCIL MEMBERS
Mayor Duggin read Daniel Resolution DR 2011-10-03 Cancellation of the municipal election of November 2011 and asked for discussion. There being none, Council member Turner moved to adopt DR 2011-10-03 as written to cancel the election. Council member Blotter seconded the motion, and the Council voted unanimously to cancel the election. The resolution also certified that the two candidates for the two Town Council seats to be elected (Eric Bunker and Jon Blotter, both incumbents) were considered elected to a 4 year term to begin in January 2012.
6) PLANNING DEPARTMENT REPORT
Council member Bunker had no report for this meeting.
7) DANIEL MUNICIPAL WATER ISSUES
Daniel Municipal Water has installed a new meter in the Mill Road right of way for the Woolstenhulme connection and has installed a new water line (approximately 300 ft.) to their home. Stephanie Woolstenhulme has signed an agreement to be responsible for the operation and future maintenance of the line from the meter to her property.
Ryan Taylor reported that several significant leaks have been located and repaired with the installation of the new water line along Mill Road. Mr. Taylor also reported that even though Heber Light and Power had approved all the electrical plans of our new pump station, it was suspected that our new pump station was causing power “brownouts” experienced in the area. In cooperation with HLP, Daniel Water has made some adjustments. The problems were not caused by our station, but the recent work done now assures that nothing can harm our new pumps.
8) RECORDER’S OFFICE: WARRANT APPROVAL
Council member Blotter moved to approve the warrants. Council member Bunker seconded the motion. Council member Bunker asked if the question pending from the last meeting concerning the invoice from Wasatch County had been resolved. Ms. Duggin indicated that it had. The Council then voted unanimously to approve the warrants.
9) ADJOURN
Council member Turner moved to adjourn. Council member Bunker seconded the motion, and after a unanimous vote, Mayor Duggin adjourned the meeting at 7 PM.
Merry Duggin,
Recorder