Town of Daniel
Daniel Town Council Meeting
October 5, 2009
Wasatch County Services building
Room 132
55 South 500 East
Heber City, Utah
5:30 PM
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, Jon Blotter, and Gary Walton were present. Council member Heather Bateman was absent. Recorder Merry Duggin was present to record the minutes.
Members of the public in attendance: Chip Turner, Corbin Linde, Dr. Ed Callahan, Brian Murdock, Stan Walton, Stephanie Woolstenhulme, Kim Norris, Dr. Ron Hinckley, Chris Anderson, Ryan Taylor, Tim and Carole Steiner, Shelly Bunker.
Mayor Duggin called the regularly scheduled meeting to order at 5:30 PM.
1) APPOINTMENT AND SWEARING IN OF A NEW TOWN COUNCIL MEMBER
Mayor Duggin announced the resignation of Council member Heather Bateman due to a conflict with her education commitment. The Recorder had published the vacancy in the Wasatch Wave and had received no applications for the position. Council member Walton moved that the Council appoint Mr. Chip Turner, who is a candidate for Town Council in the November 3, 2009 municipal election, to fill the vacant seat. The motion was seconded by Council member Blotter, and the Council voted unanimously to appoint Mr. Turner to serve as Council member for the remaining months of Ms. Bateman’s term. Mr. Turner accepted the position, and he was sworn in by the Recorder. He indicated that he was not aware of any conflict of interest to divulge at this time.
2) DANIEL ACADEMY BUSINESS LICENSE RENEWAL
A complaint letter, received by the Mayor and Town Council members from Barry and Lorie Hobbs, was read into the record by the Mayor. A copy of the letter is attached to these minutes. Dr. Ed Callahan was asked if he would like to respond to the comments from the letter. Dr. Callahan indicated that some of the comments were inaccurate. According to Dr. Callahan, only one boy had “run away” from the home in the last year, but he had been recovered when the boy himself called and requested to be picked up. Daniel’s Academy had asked the sheriff to assist in locating the boy for the boy’s safety and not from concern that the boy would cause any problems. Dr. Callahan said repeatedly that the boys housed at this residence are nonviolent, and he did not believe that they would cause any problems with the neighbors. In response to a complaint about noise and lighting, Dr. Callahan said that no additional lighting has been added to the home beyond the original lighting. He conceded that the boys might be a little rowdy at times, but Dr. Callahan believed that most of the “skate boarding” was done at the Heber City skate park with only short break periods of skate boarding on the home’s driveway. The home currently has 5 boys and has never exceeded the 8 residents allowed by Daniel Municipal Code. The State does random inspections to verify that all codes are being observed. Dr. Callahan suggested that the community could call the home if they have concerns or questions. The phone number is 435-657-9800, and staff is on duty 24 hours a day.
Ms. Shelly Bunker indicated that she knew of other times that boys were away from the residence. Council member Turner was concerned that the home’s definition of “runaway” might differ from that of the neighbors and noted that the neighbors are concerned and should be notified when there is a problem. Mr. Brian Murdock of Daniel Academy indicated that the boys are not locked up. He said that they sometimes “leave to blow off a little steam”, but they are supervised by staff. Dr. Ron Hinckley shared some comments about all families having troubles with their kids. Ms. Stephanie Woolstenhulme commented about what authorities she felt should be notified when a problem arises and indicated that she understood why some neighbors would be concerned.
Council member Blotter noted that Daniel Academy had voluntarily agreed to form a committee with the Town and neighbors, and since that committee does not now exist, he would like to see a plan for forming that committee which might inform the neighbors about what is going on at the home. He ended his comments by complimenting Daniel Academy on the great work they are doing with 3 graduates, one boy going to college.
Mr. Bunker took the floor and asked the Daniel Academy representatives if they would waive any request that their application be handled in a closed session environment for privacy. The representatives Dr. Ed Callahan, Brian Murdock, and Corbin Linde did waive this request for a closed session. Council member Bunker went on to point out that the Daniel Academy business license renewal had been called before the Council only because Daniel Academy had voluntarily agreed to form a community Committee in their original plan, and that committee had not been formed. Council member Turner asked if something could be put in the record at this meeting. Daniel Academy will move forward to form a committee consisting of one member from the academy, perhaps a Town official, and a member of the community. The membership of the committee was not clearly defined at this time. Council member Bunker complimented the residents of the home for doing great community service by keeping the roads clean of trash. When asked if something could be done to reduce the lighting problem, Daniel Academy agreed that they would consider motion detection lights. The lights are left on all night for the benefit of staff, but they would look at the situation.
Council member Walton moved to renew the Daniel Academy license for L & C Holdings for a home for persons with a disability. Mayor Duggin seconded the motion, and the motion carried with a unanimous vote.
Pristine Cleaning Services. Later in the meeting Matt Marsenich of Pristine Cleaning at 1506 E. Little Sweden Rd. (435-229-9969) requested a new Daniel business license for his business. Most of his work is done in Park City and there will be no impact on the neighborhood due to his small operation and home office. Mayor Duggin moved to approve this new license. Council member Blotter seconded the motion, and the license was approved by a unanimous vote of the Council.
3) PUBLIC HEARING. MINOR MODIFICATION OF THE DANIEL GENERAL PLAN. POSSIBLE ADOPTION OF THE RECOMMENDATION FROM THE PLANNING COMMISSION.
Council member Blotter moved to open the public hearing. Council member Walton seconded the motion which passed by a unanimous vote. Mayor Duggin asked for Public comment. There being no comment made, Council member Blotter moved to close the public hearing. The motion was seconded by Council member Walton, and again the motion passed by a unanimous vote.
Mayor Duggin asked for discussion from the Council, and Council member Bunker requested that item #9 in the proposed plan be amended to replace the word “water” with “natural resources”, and to add a #10 item to read “To promote agricultural activities and protect them from development and ensure a right to farm environment.”
Mayor Duggin read Daniel Resolution 2009-10-05A to adopt the proposed revised General Plan.
Council member Blotter moved to approve the resolution with the amended items of the General Plan proposed by Council member Bunker. Council member Turner seconded the motion, and the Council voted unanimously to adopt the new amended General Plan for Daniel.
4) PUBLIC HEARING. MODIFICATION OF THE DANIEL LAND USE PLAN. POSSIBLE ADOPTION OF THE RECOMMEDNATION FROM THE PLANNING COMMISSION.
Council member Blotter moved to open the public hearing. Council member Walton seconded the motion, and the Council voted unanimously to open the hearing. There were no public comments. Council member Blotter then moved to close the public hearing; Council member Walton seconded the motion, and the Council again voted unanimously to close the public hearing.
In Council discussion, Council member Turner had a question about land use categories to which Council member Bunker responded that this plan is not a stand alone document, but all of our plans should be viewed and used as a whole. Council member Bunker commented that the Planning Commission had done a wonderful job holding several public hearings and incorporating public input into the plan. Mayor Duggin then read Daniel Resolution 2009-10-05B to accept the land use plan recommended by the Planning Commission
Council member moved to accept the Land Use Plan recommended by the Planning Commission. Council member Blotter seconded the motion, and the Council voted unanimously to pass this resolution to adopt the Daniel Land Use Plan 2009.
5) PUBLIC HEARING. PROPOSED AMENDMENTS TO DANIEL MUNICIPAL CODE 2.02 DANIEL MUNICIPALWATER. POSSIBLE ADOPTION OF THE PROPOSED AMENDMENTS.
Council member Walton moved to open the public hearing. Council member Blotter seconded the motion. The Council voted unanimously to open the public hearing.
Mr. Kim Norris asked if it would be a good idea to recommend mediation to settle any possible conflicts with customers rather than having to resort to litigation. Dr. Ron Hinckley suggested that this could be addressed in the application for service to Daniel Municipal.
There being no further public comment, Council member Blotter moved to close the public hearing. Council member Walton seconded the motion, and the Council voted unanimously to close the public hearing.
In Council discussion, Council member Bunker suggested that all reference to the “Town” in the ordinance be changed to read “Daniel Municipal Water” except when referring to the Town Council. He also requested that “by resolution” be added to 2.02.24 referring to impact fees.
Council member Walton moved to adopt Daniel Ordinance 2009-10-05A with proposed amendments. Council member Bunker seconded the motion, and the Council voted unanimously to approve this ordinance for Daniel Municipal Water.
6) CONSIDERATION AND POSSIBLE ADOPTION OF A WIND ENERGY CONVERSION SYSTEM ORDINANCE. CONTINUED FROM SEPTEMBER 14, 2009.
Daniel Ordinance 2009-10-05B came before the Town Council at the end of a 6 month moratorium on accepting applications for windmills. Council member Turner commented that the Planning Commission had done a good job, but he asked if the Council could pass an ordinance to not allow windmills at all. Mayor Duggin replied that it could, but the Planning Commission had done a good job in writing what he thought was a comprehensive ordinance and didn’t think that many residents would apply for a windmill permit. Mr. Kim Norris noted that we wouldn’t want to conflict with the new General Plan which does allow for natural energy resources. Council member Blotter cautioned that under this proposed ordinance, windmills could be loud, and Council member Bunker suggested that the decibels allowed should be changed from 45 to 35.
Council member Bunker moved to accept the ordinance as modified, and Council member Blotter seconded the motion. The Council voted unanimously to adopt this ordinance which would be entered into our Daniel Municipal Code as 8.21.40.
7) APPOINTMENT OF POLL WORKERS FOR MUNICIPAL ELECTION NOVEMBER 3, 2009.
Recorder Merry Duggin proposed the following names for appointment: Kathy Jo Percy, Barbara Norris, Cathy Hinckley, Carole Bates (alternate). Council member Blotter moved to appoint these poll workers. Council member Bunker seconded the motion, and the Council vote was unanimous to approve these persons as poll workers.
8) CONSIDERATION OF AN INTERLOCAL AGREEMENT WITH WASATCH COUNTY FOR SNOW REMOVAL
Council member Walton and Mayor Duggin reported that the County had not yet completed the agreement for the Mayor’s signature, but they believed that the terms would be the same as last year’s agreement except for perhaps an increase in the cost for salt. Mayor Duggin read Daniel Ordinance 2009-10-05C which would authorize the mayor to sign an interlocal agreement for snow removal for 2009-10.
Council member Bunker moved to adopt this resolution. Council member Blotter seconded the motion, and the Council unanimously approved the adoption of this resolution.
9) COMMITTEE REPORTS
CDBG—Council member Blotter reported that he would attend the required application meeting on October 6.
10) RECORDER’S OFFICE REPORT
Recorder Merry Duggin reported the following:
1) The appointment of Mr. Turner to the Council would now mean a vacancy on the Board of Appeals that would need to be filled.
2) The bonding requirements are almost complete, and we hope to close on the water revenue bonds in the next week. Construction on the water projects should start shortly after bond closing.
3) She asked for guidance about forming a Census Complete Count Committee and suggested that we could partner with Wasatch County rather than forming our own. The Council agreed that we should work with the County.
4) The early voting period for our municipal election will be October 20-30.
5) She and Treasurer Dan Harvath had met with the accountant who suggested that work on a compilation audit would begin in early November. Also, the accountant suggested that the Recorder should present the bills/warrants to the Town Council each month, and she presented the warrants for October for approval.
11) APPROVAL OF MINUTES FOR SEPTEMBER 14 AND SEPTEMBER 29, 2009 MEETINGS.
Councilmember Bunker moved that the minutes be approved as presented with one small change. Council member Walton seconded the motion, and the Council voted unanimously to approve the minutes. Council member Turner abstained.
12) NO CLOSED SESSION WAS NECESSARY
13) APPOINTMENT OF A DANIEL MUNICIPAL WATER MANAGER
Mr. Chris Anderson suggested to the Council that Gary Walton be appointed the manager based on his history since 1973 of working with the culinary water system. Council member Turner asked Mr. Walton if he would accept this appointment if offered, to which Mr. Walton assented that he would. Mayor Duggin indicated that the manager would be authorized to hire other persons to work on the system, but that we should use an application process going forward.
Council member Bunker moved to appoint Gary Walton as the temporary water company manager of the Daniel Municipal Water system. Council member Blotter seconded the motion, and the Council member voted unanimously for the appointment except for Council member Walton who recused himself.
14) ADJOURN
Council member Turner moved to adjourn. Council member Blotter seconded the motion, and the Council voted unanimously to adjourn. Mayor Duggin adjourned the meeting at 7:50PM.
Merry Duggin,
Recorder