DANIEL TOWN JOINT COUNCIL/PLANNING COMMISSION MEETING
MONDAY, JANUARY 19, 2022 AT 7:00 PM
WASATCH COUNTY SERVICES BUILDING, CONFERENCE ROOM B
55 SOUTH 500 EAST
HEBER CITY, UTAH 84032
Quorum Present: Mayor Scott Kohler, Council members Robyn Pearson, Merry
Duggin, Jon Blotter and Barbara Norris.
Planning Commission members: Gary Weight, Eric Bennett, Pam Skinner, Byron
Horner, Bridger Wilde, and T.J. McGeean. Mark McAllister was excused.
Planning Director Bunker and Ryan Taylor T-O Engineers (town engineer) were
present, and clerk Lynne Shindurling to take the minutes.
Mayor Kohler called the meeting to order at 7:00 PM.
Members of the Public: John Glodowski, Stefanie Grady, Mick Kohler, Ryan and
Amanda Simpson.
1) PUBLIC COMMENT (PLEASE LIMIT COMMENT TO 2 MINUTES PER PERSON)
No comments were made.
2) WELCOME AND INTRODUCTIONS
Mayor Kohler thanked everyone for coming and asked to go around the room
and have each person introduce themselves, allowing the public to become
familiar with the new Planning Commissioners.
3) SWEARING IN OF NEW PLANNING COMMISSION MEMBERS
Clerk Lynne Shindurling administered the oath of office to Byron Horner,
Bridger Wilde, and T.J. McGeean, who were appointed to the Planning
Commission earlier in the evening.
4) ANNUAL OPEN AND PUBLIC MEETING (OPMA) TRAINING
Council member Merry Duggin passed out binders to all elected and appointed
officials containing State code dealing with open meetings and closed meetings,
Daniel Municipal Code 2.01.01 through 2.01.04, a chart put out by the Utah
League of Cities and Towns outlining the functions and duties of the Legislative,
Administrative and Quasi-Judicial bodies of a city or town, as well as a copy of the
Handbook for Planning Commissions and Land Use Authorities. She stated that
annual Open and Public Meeting Training is required, per State code, of every
entity within the state.
She focused attention to item No. 3, Meetings and Minutes, in the Handbook
and reviewed portions with those in attendance, reading that a Planning
Commission cannot hold closed meetings, but a Town Council may hold a closed
meeting if it is considering subjects outlined in State Code 52-4-205. She
emphasized the importance of written minutes, referring to language in this part
of the Handbook saying a judge will base his or her decision, in part, on what is
found in the minutes. A judge is interested in making sure that due process was
followed and laws obeyed in decisions made by legislative and administrative
bodies in a municipality. Members of the Council or Planning Commission must
make sure the minutes contain what was said in a meeting and not what you wish
had been said.
If, upon reviewing prepared draft minutes, a member of the board wants to
correct something in the minutes, they have the opportunity to do so as the
minutes are presented for approval. Gary Weight asked how a judge would treat
written minutes versus an audio tape in court on a disputed item. Ms. Duggin
stated because listening to a tape is very time consuming, they would probably be
more inclined to go with the written minutes. Director Bunker added that the
Town’s attorneys in a recent case pinpointed on the audio tape a specific portion
they wanted the judge to listen to but, again, the attorneys then spent the time
locating the portion to be reviewed. It is imperative that the written minutes
reflect accurately what you want a judge to focus on.
Next Council member Duggin posted a large map outlining the boundaries of
Daniel Town within Wasatch County. She stated next week marks the 16th
anniversary of Daniel and a lot has happened since the initial incorporation. There
have been five annexations, and lawsuits involving disputes at every level of court
within the state.
She reported the proper name of our municipality is Town of Daniel, just
Daniel, not Daniel Township. We have approximately 10 miles of road, around
350 homes, and approximately 1,000 residents. Once a Town reaches a
population of over 1,000, it becomes a city of the fifth class, which requires some
changes in recordkeeping, additional hoops to jump through.
The map shows how irregular the shape of the Town and references parcels to
be mostly RA-5 in acreage, although some RA-1 exists where an annexation
brought properties into Daniel that had been zoned that by Wasatch County. In
the incorporation in 2006, Daniel accepted the County zoning where smaller
parcels had previously existed. Parcels which contain less than 5 acres are
nonconforming lots according to the Town designations. Lots which started at 5
acres but had roads taken out of the acreage can legally go down to 4.66 acres to
qualify as a five-acre piece on which to build a home.
Next Council member Duggin referred to LUDMA, the Land Use, Development
and Management Act, which is found in Code 10-9a, and which will be widely
used by members of the Planning Commission. It contains rules and laws that
need to be followed when dealing with land use issues.
The chart titled “Decision Making Process in Land Use Decisions; Which Hat Do
I Wear?” was reviewed in detail to help Planning Commissioners and Council
members understand how they interact with each other, and perhaps ending in
front of the Board of Appeals to resolve disputes. On the chart Legislative body is
the Council, the Administrative body is the Planning Commission, and the Quasi Judicial body is the Board of Appeals.
She mentioned, according to the written materials, the Planning Commission
is an advisory body to the Council. They will bring recommendations on matters
to the Council. Members of both the Council and Planning Commission were
encouraged to study the training materials to broaden their understanding of the
types of things they will be asked to consider.
Pam Skinner asked if Ms. Duggin knew of any land use training coming up. She
stated the ULCT and Land Use Academy have online training on various topics
that everyone should look into to improve their knowledge.
Gary Weight asked about the definition in Daniel’s code of Planning Director,
which at some point will need to be rewritten as the chair of the Planning
Commission will no longer be the Planning Director. He would like a better
definition, perhaps a job description for the Planning Director position to
understand how that position interacts with the Commission.
Council member Duggin referred those in attendance to DMC 2.01.02, Powers
and Duties, which states, “The planning commission is the land use authority.”
She stated this has gotten Daniel in trouble in the past, and the reference should
say, “The planning commission is a land use authority. She then continued to
read subparagraphs (1), (2) and (3) therein.
Council member Pearson pointed out the language in DMC 2.01.03, “No more
than one member of the planning commission may also be a member of the
legislative body.” Ms. Duggin said that verbiage is still in the State code as well,
and she would like to see that eliminated so no person is on both the Council and
on the Planning Commission.
Reference is also made in our code of bylaws of the Planning Commission,
which she has never seen and does not know if they exist. If not, that language
should be changed as well.
In further discussion on the title of Planning Director and its definition,
Director Bunker said he is working for both the Planning Commission and the
Council. He stated he serves at the pleasure of the mayor. Council member
Pearson added there needs to be a separation between the Planning Director and
the Planning Commission, and an elected chair of the Commission works with the
Director and the Council both.

6) POSSIBLE ELECTION OF CHAIR AND VICE CHAIR BY PLANNING COMMISSION
Planning Director Bunker read DMC 2-01-03 citing language dealing with the
selection of a chair and vice chair of the Planning Commission. He stated he is no
longer on the Commission or the Town Council, which brings us into compliance
with the code.

Mayor Kohler thanked Council member Duggin for her training and said the
Council is now ready to move forward in the right direction, making changes as
needed.

Byron Horner nominated Gary Weight as the chair of the Planning
Commission based on experience and prior understanding of issues brought
forth. Commissioner Bennett seconded the nomination. The vote For:
Commissioner Horner aye, Commissioner Wilde aye, Commissioner McGeean
aye, Commissioner Skinner aye, Commissioner Bennett aye; Commissioner
Weight abstain. The motion carried.

Council member Duggin asked Mayor Kohler if he would like to turn the
meeting over to the Planning Chair, Gary Weight. Mayor Kohler said for the
remainder of the nominations, yes. Commissioner Weight is now in charge of the
meeting.

Planning Chair Weight asked for a motion to appoint a vice chair.

Commissioner Skinner nominated Eric Bennett as the vice chair, seconded by
Commission McGeean. The vote For: Commissioner McGeean aye, Commissioner
Horner aye, Commissioner Skinner aye, Commissioner Wilde aye, Commissioner
Weight aye, Commissioner Bennett abstain. The motion carried.

7) APPROVAL OF MINUTES FROM NOVEMBER 17, 2021 MEETING
Discussion took place with the new Commission members stating they had not
read the minutes and were not at the meeting. Council member Blotter said they
could abstain or postpone the approval until they had a chance to review them. It
was mentioned that the audio recording of the meeting is on the website which
can be used as they review the written minutes.

Planning Commissioner Horner moved to continue the approval to next
month’s meeting so the new Commissioners had a chance to review the
minutes. The motion was seconded by Commissioner Bennett. The motion
passed with all “aye” votes.

Planning Chair Weight did note on the minutes for review today that Amelia
Pays’ name was misspelled and questioned the spelling on Munford vs. Mumford.
The correct spelling is Munford. Commissioner Bennett wants to clarify in the
minutes a reference in items 2 and 3 to “conditions above,” but there are no
conditions listed. The new Planning Commission may need to get copies of
materials from previous meetings. He also stated it would be helpful to get the
draft minutes closer to the date of the meeting as memories are better then.
Commissioner Horner asked if the clerk for the Council is the same as the clerk
for the Planning Commission. Mayor Kohler replied that subject is in discussion
and will be decided within the next 30 days, whether to have one clerk or two
different people attending meetings and preparing the minutes.

8) PLANNER REPORT
Planning Director Bunker presented the monthly planning report showing
issues within Daniel. He explained to the Planning Commission the process an
application goes through beginning with its submission to T-O Engineering. On the
report is a list of the active permits at this time. Once the application is complete
and the necessary fees are paid, it comes to the Planning Commission.
Commissioner Skinner asked if addresses could be included along with the names
of active permits so everyone knows what property is being discussed.
Under line item Complaints/legal actions, it was stated the Charchenko hearing
will take place at the Council meeting on February 7th, and the Gebo public
hearing will occur at the March 7th Council meeting. Commission Chair Weight
stated it would be a good idea for the Commissioners to attend Council meetings,
particularly when hearings are taking place with individuals whose issues appear
on the Planning report. Mayor Kohler stated he had visited with Jeremy Keele,
and he is in the process of applying for a building permit.
Next Pla Director handed out a glossary of commonly used planning terms.
One not on the list was mentioned by Council member Duggin, that being a PUE,
public utility easement, which is used frequently in the planning matters.

9) DISCUSSION OF FUTURE AGENDA ITEMS
Planning Chair Weight asked to have items sent to him by email and he will get
them on the agenda. Council member Duggin mentioned she has been contacted
regarding short-term rentals, which Daniel’s code differs from the State code on
the subject, and would like the Commission to discuss this at some point to clarify
the issue. This refers to Air bnb, VRBO, etc.
At this point Planning Chair Weight turned the meeting over to Mayor Kohler.

10) POSSIBLE CLOSED SESSION AS PERMITTED BY UCA 52-4-205.
Mayor Kohler asked if anyone had a reason to hold a closed session. None
being raised, he called for a motion.

Council member Blotter moved to adjourn the meeting, seconded by Council
member Duggin. The vote was unanimous. The meeting was adjourned at 8: 15 p.m.

Lynne Shindurling
Clerk/Recorder