Town of Daniel
Daniel Town Council Meeting
Monday, October 4, 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 Kasey Bateman and Chip Turner were present. Council member Jonathan Blotter was excused. Council member Bunker arrived at approximately 6:15 PM. 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: Ryan Taylor, Lambert Deegan, Tom Rawlings, John Hines, Kim Norris, Stan Walton, Gary Walton, Emily Douglas, Joe Dunbeck, Blaine Stewart, and Shelly Bunker.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
There was no public comment.
2) NEW BUSINESS LICENSE APPLICANTS
Emily Douglas was present to request a license for her business Miss P and the Polished Press, a graphic design and stationery sales business, located at 1506 Little Sweden. Council member Bateman moved to accept her application. The motion was seconded by Council member Turner, and the Council approved the motion.
Mayor Duggin then decided to take the next few agenda items out of order.
4) CONSIDERATION OF APPLICATIONS FOR BOARD OF APPEALS VACANCIES
Mayor Duggin announced the only two applicants for the two vacant Board of Appeals positions were Diane Grose and Tom Rawlings. Mayor Duggin then read Daniel Resolution 2010-10-04A to appoint the applicants to the Board of Appeals. Council member Turner moved to accept the resolution. Council member Bateman seconded the motion, and the Council voted to adopt the resolution appointing Tom Rawlings and Diane Grose to the Daniel Board of Appeals.
6) CONSIDERATION OF AN INTERLOCAL AGREEMENT WITH WASATCH COUNTY FOR SNOW REMOVAL FOR WINTER 2010-11
Mayor Duggin informed the Council that Wasatch County had submitted an interlocal agreement to Daniel Town outlining a proposal for snow removal based on the same labor and material rates as presented to Daniel last year (FY 2009-10). Mayor Duggin read Daniel Resolution 2010-10-04B which would authorize Mayor Duggin to sign the interlocal agreement. Council member Bateman moved to adopt the resolution. Council member Turner seconded the motion, and the Council members Bateman and Turner joined Mayor Duggin in voting to approve the motion.
8) RECORDER’S OFFICE: CERTIFIED TAX RATE REPORT, WARRANT APPROVAL.
Recorder Merry Duggin reminded the Council that due to the large number of Daniel property owners appealing their property appraisals, the certified tax rate adopted by the Daniel Town Council would probably be raised for the current year. As of the time of the meeting, the Utah State Tax Commission had not finished the calculations and could not be reported. Ms. Duggin then asked for the warrants presented to Town of Daniel in the month of September to be approved for payment. The warrants were approved by the Council.
3) CONSIDERATION AND POSSIBLE ADOPTION OF DANIEL ORDINANCE 2010-10-04 WHICH WOULD GRANT TO HEBER LIGHT & POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT AND POWER FRANCHISE AMENDING DANIEL ORDINANCE 2008-10-06
Council member Bunker arrived near the beginning of this agenda item.
Attorney Joe Dunbeck representing Heber Light & Power (HLP) presented a redline version of the proposed ordinance to the Council which addressed some of the concerns brought to the attention of HLP prior to the meeting. HLP had requested a 25 year term for the franchise.
There was a long discussion concerning the Ombudsman proposed by HLP. Wasatch County has already approved Cliff Blomquist (retired employee of Rocky Mountain Power), and Mr. Dunbeck proposed that Town of Daniel approve the same ombudsman to resolve future disagreements or complaints between the entities.
Mr. Dunbeck discussed the franchise agreement section by section responding to questions from the Council. The franchise agreement provides that the agreement can be terminated if HLP fails to perform to the terms set forth in the agreement. Council member Turner wondered why we needed a new franchise agreement since Town of Daniel already has one in place. Mr. Blaine Stewart of HLP explained that the current legal negotiation with Rocky Mountain Power require that areas of coverage match up with the agreements between the two power entities, and the current franchise does not match the negotiated areas of coverage. The new franchise agreement also has more express conditions and protections for the Town. The Town can require facilities to be moved for public convenience or necessity, but private development must be paid for by the developer.
Council member Bateman asked how HLP would be able to keep rates reasonable once they had all the franchise agreements in place. Mr. Dunbeck explained that HLP will use impact fees and pricing mechanisms to reflect increased cost so that “new development would carry its own weight and not burden existing customers.” Mr. Blaine Stewart pointed out that this is a nonexclusive franchise agreement, and Town of Daniel could request service from another power entity in the future if it desired. HLP would just ask that the terms in another franchise be as favorable to HLP.
Mr. Gary Walton commented that HLP seems to have a plan of subtle upgrades, extending lines as needed, and has provided great service to Daniel residents.
Council member Bunker objected to a 25 year term, as he felt reluctant to tie the hands of future council members or mayors. Mr. Dunbeck replied that HLP could accept a 10 year term with renewals of 5 years. Council member Bateman agreed that to be a fair term.
Council member Bunker moved to accept the franchise with the following changes: 1) addition of “include such areas” in Section 2 (referring to possible future annexations), and 2) change the end date of the agreement to September 28, 2020 (which would define a 10 year term) with renewal every 5 years. Council member Bateman seconded the motion. Mayor Duggin asked for a vote, and the motion carried with Council members Bunker, Bateman, and Turner voting aye. Mayor Duggin voted nay.
5) DISCUSSION OF RECOMMENDATION FROM THE PLANNING COMMISSION CONCERNING A SWIMMING POOL ORDINANCE FOR DANIEL RESIDENTS.
In response to an application for a swimming pool, Mayor Duggin had requested that the Planning Commission examine the swimming pool ordinance currently in effect. Council member Bunker presented the Council with a draft of the changes recommended by the Planning Commission including lighting, cross connection control, setbacks, etc. It was agreed by the Council that safety of children is the primary concern. There were questions about whether inflatable pools should be addressed in the ordinance.
Mayor Duggin suggested that the draft should be put into ordinance form, and that the Town should schedule a public hearing for public input on the issue. The Council directed the Recorder to schedule the public hearing for the November 1, 2010 regularly scheduled meeting. After examining Daniel Municipal Code, the Recorder determined that such a land use ordinance actually required 2 public hearings: one at the Planning Commission level and a second at the Town Council level before the Council could vote on adoption.
7) COMMITTEE REPORTS
DANIEL MUNICIPAL WATER
Mr. Gary Walton informed the Council that collecting payments is getting harder. There are approximately 12 customers who consistently have problems with their bill though no one’s water has been turned off yet.
Mr. Kim Norris suggested that the best way to collect money is to hire a collection agent and/or an attorney to file a lien. Council member Turner noted that the collection fees could be added to the bill. Mr. Walton would still like to work with the customer if possible. Council member Bateman asked about persons with “hardship”, and Council member Bunker noted that if these situations are hardships, the customer should come before the Council and work with the Council to come to terms. Ms. Shelly Bunker hoped that the Council would work with people because it will be difficult for some to admit hardship.
Mayor Duggin reported that Barton Excavating has completed its portion of the water project and has requested a change order for additional work.
Mr. Walton reminded the Council that he is looking into snow removal for the pump station and water tank site.
PLANNING Council member Bunker reported that a resident who had received a letter from Planning for noncompliance in use of an agricultural building has now come into compliance. Planning is getting many calls for zone verification.
9) APPROVAL OF MINUTES FOR SEPTEMBER 13, 2010 MEETING
Council member Bunker moved to accept the minutes as presented. Council member Turner seconded the motion, and the Council approved the minutes with a unanimous vote.
10) ADJOURN
Council member Turner moved to adjourn at 8:23 PM. Council member Bateman seconded the motion, and with a unanimous vote, Mayor Duggin adjourned the meeting.
Merry Duggin,
Recorder