Town of Daniel
Daniel Town Council Meeting
September 14, 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, and Gary Walton. Council member Jon Blotter arrived at 5:40 PM. Council member Heather Bateman was absent. Recorder Merry Duggin was present to record the minutes.
Members of the public in attendance: Kim Norris, Chip Turner, Stephanie Woolstenhulme, John Hines, Stan Walton, Jaye Binkerd, Renee Anderson, Ed Pressgrove, Keith Bates, Cathy Hinckley, Scott Binkerd, Ryan Taylor, Shelly Bunker.
Mayor Duggin called the regularly scheduled meeting to order at 5:30 PM.
- DISCUSSION OF ENVIRONMENTAL REVIEW OF CULINARY WATER PROJECT.
Mayor Duggin asked Ryan Taylor, engineer with Epic Engineering, to describe the Environmental assessment that his company had performed for the upcoming culinary water improvement site. Working with CDBG (Community Development Block Grant) personnel and Division of Drinking Water, Epic performed a review that would comply with both agencies requirements. According to Mr. Taylor, the process involved contacting approximately 20 agencies for their input as to the extent the site would be impacted by the project, and many performed an actual physical examination of the sites with him. A checklist indicating the impact the project would have upon the proposed site was completed after receiving the agencies’ input. After the review process which complied with 24 CFR 58 was complete, Town of Daniel determined a “Finding of No Significant Impact (FONSI)”, and a notice of FONSI was published in the Wasatch Wave on July 22, 2009. There were no complaints or comments received from the public during the required 15 day waiting period by Town of Daniel. On September 10, 2009 Town of Daniel received a Categorical Exclusion from Environmental Review from The Utah Department of Environmental Quality which will be published in the Wasatch Wave on September 16, 2009.
Council member Walton wondered if the wild turkeys that live in the area would be affected, and Mr. Taylor responded that they would not. There were no further questions.
- ADOPTION OF A WATER CONSERVATION PLAN
Mayor Duggin read parts of the proposed plan including conservation measures, metering, seasonal secondary irrigation, leaks. He asked for discussion, and when no questions were asked the Mayor read Daniel Resolution DR 2009-09-14B to adopt a conservation plan for Daniel Municipal Water. Council member Walton moved to adopt DR 2009-09-14B as read in this meeting. The motion was seconded by Council member Bunker. There being no further discussion, the Council voted unanimously to approve the Resolution.
- DISCUSSION AND POSSIBLE ADOPTION OF AN ORDINANCE TO GOVERN OPERATION OF THE DANIEL MUNICIPAL WATER SYSTEM
Mayor Duggin introduced an ordinance to govern the municipal water system. Recorder Merry Duggin informed the Council that she had been notified by the Division of Drinking Water that they felt the collection enforcement section of this ordinance was considered inadequate. Mayor Duggin suggested that the Council could pass this ordinance to have something in place and improve the enforcement collection section in the near future. Council member Bunker moved to accept DO2009-09-14A with changes indicated in redline. Council member Blotter seconded the motion, and the Council approved the ordinance by a unanimous vote.
- ADOPTION OF AN EMERGENCY RESPONSE PLAN FOR DANIEL MUNICIPAL WATER
Mayor Duggin explained that while our municipal water system is not required to have an emergency response plan because of its small size, Division of Drinking Water suggests that it is a good idea. The proposed plan is very simple and defines who to call in case of emergency. Council member Walton remarked that it is especially important to have a fast response for an emergency like a boil order. Mayor Duggin read Daniel Resolution 2009-09-14C to adopt an emergency response plan. Council member Walton moved to adopt DR2009-09-14C with the emergency response plan attached. Council member Blotter seconded the motion. There was discussion that the emergency response plan should be improved as soon as possible. Mayor Duggin called for a vote, and the Council voted unanimously to adopt the resolution.
- ADOPTION OF AN ORDINANCE ESTABLISHING A COLLECTION ENFORCEMENT POLICY FOR DANIEL MUNICIPAL WATER
Mayor Duggin read the proposed ordinance DO 2009-09-14B. Council member Bunker remarked that this ordinance leaves no avenue for prior arrangements made with the water customers, and in these hard economic times we shouldn’t cut off water for lack of payment but work with the residents to arrange payment of their bills. Mr. Bunker asked to add “unless prior arrangements are made” to the ordinance. Council member Walton asked to add “and approved by the Daniel Town Council”. The Recorder was directed to add these changes to the ordinance. Council member Bunker moved to adopt DO 2009-09-14B with the changes “unless prior arrangements are made with and approved by the Daniel Town Council”. Council member Blotter seconded the motion, and the motion passed by a unanimous vote.
- ADOPTION BY RESOLUTION OF A USER RATE STRUCTURE FOR DANIEL MUNICIPAL WATER CUSTOMERS
Mayor Duggin read resolution 2009-09-14A which proposes the rate structure as follows: Per month user rates: $35 for up to 20,000 gallons; overage fees 20,000-30,000 will be billed at $2 per thousand; 30,000-40,000 will be billed at $4 per thousand; and 40,000 gallons and up will be billed at $5 per thousand to be effective as of October 1, 2009. The rates are being raised to repay the bond for water improvements. The connection fee will remain at $5,000.
Stephanie Woolstenhulme hoped that she wouldn’t be charged a huge water bill during the winter months to run her hose to keep the line from freezing. Council member Bunker felt that the new lines will be buried at 5 feet, and freezing would not be an issue. Council member Walton remarked that we should continue the same policy of running the line because frost can go down 5 feet. Ms. Woolstenhulme was assured that she would not be charged additional fees for having to run her water during a freeze notice.
Mr. Kim Norris asked if the old meters would have some value. Council member Walton felt that the newer ones could be reused.
Ms. Jaye Binkerd hoped that the new bills would show usage because she has never known how much water she uses. Ms. Woolstenhulme commented that it would be useful to know usage so you could cut back if necessary. Council member Blotter commented that most users are now well under 10,000 gallons per month.
Mayor Duggin remarked that the new meters will be electronic and readings can be taken every month which will make it easier to see unusual usage quickly.
Council member Bunker moved to adopt DR 2009-09-14A, with Council member Blotter seconding the motion. The Council voted unanimously to adopt the resolution.
- DISCUSSION AND CONSIDERATION OF BIDS FOR THE CULINARY WATER PROJECTS AND RECOMMENDATION FOR BID AWARDS. POSSIBLE ADOPTION OF BID AWARDS FOR EACH OF THE 4 PROJECTS.
Mr. Ryan Taylor informed the Council that the construction bids were remarkably lower than ever before and will allow us to accomplish much more with our funds than we might have in the past. He presented his recommendations for bid awards to the Council as follows: 1)Well: Bob Beaman Drilling. 2)Pump Station: Dale Cox Contracting. 3)Water Tank: JB Gordon Construction. 4) Daniel Road Pipeline: Barton Excavation.
Mr. Taylor explained that we are required by state and federal guidelines to award the bid to the lowest, qualified bidder. These recommendations are for the lowest bidder in the category except for the Daniel Road Pipeline in which the lowest bidder has withdrawn his bid. Also in the case of the Water Tank, the recommendation is for the second lowest bidder. The lowest bidder had good references, but there are some questions about the size and financial state of the company and the ability to complete the project on our schedule.
Town of Daniel will hold performance bonds on each contractor. If there are change orders, the Mayor can approve small changes, but larger changes would require Town Council approval. Work will begin soon.
Council member Blotter moved to accept all 4 recommendations and proceed to award bids. Council member Bunker seconded the motion. Mayor Duggin read Daniel Resolution DR 2009-09-14D approving the bid awards based upon the bids and qualifications of the bidders and considering the recommendation from Epic Engineering. There being no further discussion, the Council voted unanimously to adopt the resolution.
8.) CONSIDERATION FOR ADOPTION OF A RESOLUTION AUTHORIZING THE ISSUANCE AND CONFIRMING THE SALE OF $2,492,250 TAXABLE WATER REVENUE BONDS, SERIES 2009 OF THE TOWN OF DANIEL, UTAH (THE “ISSUER”), FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF CERTAIN WATER SYSTEM IMPROVEMENTS AND RELATED IMPROVEMENTS; PRESCRIBING THE FORM OF BONDS, THE TERMS AND CONDITIONS OF ISSUANCE, AND THE SECURITY THEREFOR; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS BOND RESOLUTION; AND RELATED MATTERS
Town Clerk Merry Duggin presented a Certificate of Compliance with Open Meeting Law with respect to this September 14, 2009 meeting. Mayor Duggin introduced the Bond Resolution. Terms of the bond were discussed. Mr. Keith Bates asked for the “highlights” and was informed of the amount of the bond ($2,492,250), the amount that would be repaid ($1,090,000), and the term of the bond (30 years).
Council member Walton moved to adopt the Bond Resolution DR 2009-09-14E authorizing the issuance and confirming the sale of $2,492,250 taxable water revenue bonds, series 2009 of the Town of Daniel, Utah. The motion was seconded by Council member Bunker. Mayor Duggin asked if there were further discussion and called for a vote. The Council voted to approve the resolution by the following vote: Mayor Duggin, aye; Council member Blotter, aye; Council member Bunker, aye; Council member Walton, aye. Council member Bateman was absent.
9.) CONSIDERATION AND POSSIBLE ADOPTIONOF A WIND ENERGY
CONVERSION SYSTEM ORDINANCE
Council member Bunker introduced an ordinance that the Planning Commission had written in response to the Mayor’s request that they look into and write an ordinance to govern requests for windmills in the Town of Daniel. Mr. Chip Turner had questions about what criteria would be used to grant or deny a conditional use. He also felt that there were other considerations and details that this ordinance did not cover.
Council member Blotter moved to table this ordinance and continue this agenda item to the October 5, 2009 meeting. The motion was seconded by Council member Walton. The Council voted unanimously to reconsider this issue in October.
10.) FIRST READING AND CONSIDERATION OF RECOMMENDATIONS FROM THE PLANNING COMMISSION FOR REVISIONS TO THE GENERAL PLAN
Council member Bunker explained that minor changes were being recommended to the old general plan because we are required by statute to update the plan every so often. Mayor Duggin read the draft. Recorder Merry Duggin reminded the Council that a public hearing would be required before the Council could adopt the new plan. The Council asked the Recorder to notice a public hearing for the October 2009 meeting.
11.) COMMITTEE REPORTS
SNOWPLOW—Council member Walton suggested that we should contact Wasatch County to see if they would be interested in an interlocal agreement with Daniel for snowplow services this winter.
CDBG—Council member Blotter volunteered to begin work on our application for funds from CDBG this year.
PLANNING—Council member Bunker complimented Ryan Taylor and Epic Engineering on the fine job that they have done on our specs and plans for the water improvement project.
RECORDER—Mayor Duggin announced that Council member Heather Bateman has offered her resignation from the Town Council due to an unavoidable conflict with her class schedule which will not allow her to attend Monday night meetings. Mayor Duggin accepts her resignation with regret and will announce that the Town Council has a vacancy. A new Town Council member will be appointed from the applicants for the position at the October 5, 2009 meeting.
12) APPROVAL OF MINUTES OF AUGUST 10, 2009 MEETING
Council member Walton moved to approve the minutes of August 10, 2009 as presented. Council member Blotter seconded the motion. The Council approved the minutes unanimously.
13) ADJOURN
Council member Blotter moved to adjourn, and Council member Walton seconded the motion. The Council voted to adjourn the meeting at 7:21PM.
Merry Duggin,
Recorder