DANIEL TOWN COUNCIL MEETING
MONDAY, JANUARY 3, 2022 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING,
CONFERENCE ROOM B, 55 SOUTH 500 EAST
HEBER CITY, UTAH 84032

Quorum Present: Pro Tempore Mayor Eric Bunker, Council members John
Glodowski, Merry Duggin, and Barbara Norris.
Also present: Mayor elect Scott Kohler, newly elected Council members Robyn
Pearson and Jon Blotter. Treasurer Sherri Price was present, and Lynne
Shindurling to take the minutes. The meeting was called to order at 6:05 PM.
Members of the Public: Ryan Taylor of T-O Engineers (town engineer), Ryan and
Amanda Simpson, Stacy Kohler, Edwin and Peggy Thacker, Kim Crittenden, Karen
Pearson, Gary Weight, Jace and Josslyn Spencer, Pam Skinner, Erin and Jeremy
Charchenko, Lisa Dinga, Tristi Bunker, and Jolene Munford.
1) PUBLIC COMMENT
No comments were made.

11) APPROVAL OF MEETING MINUTES OF DECEMBER 6, 2021 taken out of order.
Council member Duggin moved to continue approval of the minutes,
seconded by Council member Glodowski. Roll call vote taken: Council member
Duggin Aye, Council member Glodowski aye, Council member Norris aye. The
motion carried.

2) OATH OF OFFICE, SWEARING IN OF COUNCIL MEMBERS
Amanda Simpson, a Notary Public in and for the State of Utah, administered
the oath of office to Mayor Kohler and Council members Pearson, Blotter and
Norris. Mayor Kohler and Council members Blotter and Pearson begin a four-year
term as officers. The new officers took their seats on the Council and Mayor
Kohler took charge of the meeting. Eric Bunker thanked the new Council
members for their interest in serving the Town.

3) CONFLICT OF INTEREST STATEMENTS
Mayor Kohler and Council member Pearson read their Conflict of Interest
statements into the record. Council members Blotter and Norris will provide
theirs at a later date.

4) APPOINTMENT OF PLANNING COMMISSION MEMBERS
Mayor Kohler read the name of one applicant for the Planning secretary
position but said he knew of others interested in submitting an application so he
did not want to fill the position at this time. He stated the importance of selecting
Planning Commissioners immediately so there is an active Commission in place.
Council member Pearson expressed his discomfort at voting on applicants
without more research or knowledge of the individuals. Eric Bunker stated there
are four openings currently for a four-year term. The previous Commissioners’
terms expired at the end of 2021. Mark McAllister is the only former
Commissioner who has expressed his desire to serve another four-year term.
Mayor Kohler stated, as he understands, the Planning Commission must take
action within 14 days of receipt of an application. Ryan Taylor stated there are no
applications pending but that one could come in at any time requiring action.
Discussion ensued inquiring where the position openings are advertised.
Currently the Town posts the openings on the Town website, danielutah.org, in
The Wave newspaper, and in all meetings. The public suggested perhaps creating
a Daniel Facebook account, posting on the Ask Heber Facebook site, or an email
sweep to Daniel residents.
Council member Pearson asked if the Planning Commissioners whose terms
are expiring could serve for one more month. Eric Bunker stated their terms had
already expired, and a resolution would be required to reinstate them. He also
mentioned the Board of Appeals currently needs two more individuals to be
complete.
Gary Weight suggested the Council appoint the new members at the next
Planning Commission meeting on January 19th so there would be a quorum.

Council member Pearson moved to convene the Town Council on January 19,
2022 in a joint meeting with the Planning Commission, having obtained the
names of more applicants, to fill the vacancies on the Planning Commission. The
motion was seconded by Council member Blotter.

In discussion Council member Blotter asked to have a plan created as to how
to obtain more names to expand the pool of applicants.
Council member Norris volunteered to create and administrate a Facebook
account for the Town. Council member Pearson stated he will try to come up with
a way to obtain email addresses of Daniel residents. Jeremy Charchenko stated
that in 2022 there are platforms available to accomplish this, as well as obtaining
phone numbers to send text messages, alerts and notifications of meetings, etc.
Privacy rights need to be addressed in obtaining this information.
Council member Duggin suggested convening a special meeting of the Town
Council on January 19th at 6 PM just prior to the Planning Commission at 7 PM to
discuss these issues.

Council member Pearson amended his motion to include a 6 PM meeting
time of the Council on the 19th. After discussing whether the noticing
requirements would be met for a special meeting, Council member Blotter said
his second stands.  Eric Bunker asked if continuing Item 4 on the agenda is included in the motion. Council member Pearson said yes, it is.
The motion carried with “aye” votes from Mayor Kohler, Council members
Pearson, Duggin, Blotter and Norris.

5) APPROVAL OF DR 2022-01-03: APPOINTING TOWN PLANNING
COMMISSIONERS
The resolution was dismissed.

6) APPOINTMENT OF OFFICERS
Mayor Kohler stated he would like to appoint Lynne Shindurling as the Clerk/
Recorder, with help from Merry Duggin, for several months until a clerk is hired to
fill the position permanently. Council member Duggin stated it would be prudent
to readvertise the position in a wider net to get as many applicants as possible.
There are two applicants at this time.

Council member Norris moved to appoint Lynne Shindurling and Merry
Duggin as temporary clerk/recorders and continue to advertise the position.

Mayor Kohler stated he would hope to have applications submitted in time to
interview individuals for the position as early as the February 7th meeting. Council
member Pearson said it may take more time than that. The Mayor doesn’t want
to stretch out the process longer than necessary and explained he had asked
Lynne and Merry to do the training of the new person. Council member Blotter
asked about compensation for the temporary clerks. Mayor Kohler asked that this
issue be placed on the agenda for February. Ms. Shindurling stated she would like
to see how much time is involved in getting up to speed once again in the position
and the hours involved in doing the work, discuss compensation at a later date.
Council member Duggin stated the Town has in place an ordinance that defines
the salaries for various positions, and that some individuals serving in these
positions have declined receiving compensation.

 Council member Pearson seconded the motion. The roll call vote was: Council
member Duggin abstains, Mayor Kohler and Council members Pearson, Norris,
and Blotter “aye”. The motion carried.

John Glodowski stated when Mr. Bunker took the Mayor Pro Tem position,
he understood Mr. Bunker would be returning to his Council seat at the end of
the three-month period. He inquired what happened. Ms. Norris expressed her
surprise at being sworn in as she had not received any communication stating she
was still on the Council, but is happy to serve. Pam Skinner also stated she
thought that the Council seat was only being filled for the short term.
Mayor Kohler asked Mr. Bunker if he wanted to address the subject. Mr.
Bunker said there would be discussion on Item 8, the Planning report.

7) BUSINESS LICENSES: NEW AND RENEWALS
There were no licenses presented for the month.

8) COUNCIL/PLANNING REPORTS/UPDATES
Council member Duggin reported that she and Amelia Pays of T-O
Engineering are working on the CDBG application. An income survey must be
taken of every household in Storm Haven to submit to MAG to see if Daniel
qualifies for grant monies. That survey will take place over the weekend. Fifty-one
of the 60 homes in Storm Haven are required to participate in the survey.
Planning Director Bunker presented the month’s Planning report to the
Council members. He cited Utah State Code 20A-1-510 dealing with vacancies in
municipal offices. He stated according to the code, Daniel Town did not follow
proper procedure in appointing Barbara Norris to the vacant seat. The Town’s
attorneys suggested leaving it the way it is for now, and it is under review by the
Lt. Governor’s Office to inform the Town what procedure needs to take place to
remedy the situation.
Jeremy Charchenko inquired what happened in the appointment that was
improper. Director Bunker then read the code he referred to above, stating that
the procedure the Town followed to appoint Ms. Norris was not proper, and it is
under advisement currently. Further discussion on the legal ramifications should
take place in a closed session.
Director Bunker then reviewed the topics outlined on his Planning report by
giving a brief overview and suggested remedies. He mentioned a Notice to
Remove was issued to the Reeders involving a fence and trees in the Town right-of-way; that the Charchenkos have requested a hearing before the Council. The
Jeremy Keele home has a Stop Work Order in place, but it is already occupied.
Further action should be taken. He stated the goal of the Town is to bring
everyone into compliance by whatever means are necessary. The Gebo matter
has gone before the Court, and the Court sent it back to the Council. The Council
determined to hold another public hearing as we now have a new Mayor, and
none of the current Council members heard the matter before. Proper notice will
be given when the Council determines a date to hold the hearing. Further detail
can be given in a closed session of the Council.

Mayor Kohler asked if the Charchenko hearing could be scheduled at this
time. Mr. Charchenko stated he does not have any of the details on why a Stop
Work Order was placed on his project. He wants to know who his accusers are
and the evidence in support of the Town’s position, which he thinks should be
available to him before the time of the hearing. Mayor Kohler stated he would
like to hold the hearing during the February Council meeting. Planning Director
Bunker informed the Charchenkos he conducted the investigation and
determined there was a building violation.
In conclusion Director Bunker highlighted items on his report, those being
the Fraud Risk Assessment had been done, the Worker’s Compensation Audit was
completed, the LMI survey is to take place, Chemtech is raising their prices for
processing water samples, more sampling is to be conducted on the Storm Haven
water system.
Council member Blotter thanked Planning Director Bunker for the work he
is performing on the Town’s behalf.

9) DANIEL MUNICIPAL WATER:
Director Bunker mentioned Chemtech Ford is raising their prices, which
they have not done in some time. Some of the water meters are failing but winter
is not a time for them to be replaced. If necessary they can be read manually for
now. He stated there are three overdue bills which he will attempt to collect.

10) STORM HAVEN WATER:
Director Bunker said the Town has received notice of an exceedance of
copper at Storm Haven, requiring more sampling of water for the next year. Ryan
Taylor stated it has been determined the high levels are not coming from the
source but, rather, somewhere on the system. They will continue to monitor five
homes in the area and the water source monthly for the year period of time to try
to find the source of copper. It could be old copper pipes in one or more homes
being put into the system.

12) RECORDER’S OFFICE: WARRANTS APPROVAL, ANNOUNCEMENTS, ETC.
The clerk briefly reviewed the warrants with the Council, telling them about
the Series 2009 and 2011 bond payments annually. Warrants for the two water
funds were reviewed as well.
Council member Blotter requested more detail on some of the invoices,
such as T-O Engineering. The clerk said she would provide the individual invoices
listing each project for the Council to see.

Council member Blotter moved to approve the warrants for December
2021, with a second from Council member Norris. The vote was unanimous and
the motion carried.

Council member Duggin mentioned that in January the second quarter
budget update is presented. Because of the turnover in the clerk’s office the
report had not been prepared, but the hope is to have the financial information
available to prepare the Q2 report for the February meeting.
Council member Duggin also informed the Council as the fiscal year
progresses, if there are areas in the budget which have overspent in certain
categories, a public hearing will have to be held to amend the initial budget
figures. The current amounts spent in Public Works indicate it could require an
adjustment there.

13) POSSIBLE CLOSED SESSION: LEGAL, PERSONAL, PROPERTY ACQUISITION
Mayor Kohler indicated the Council would like to go into a closed session.

Council member Duggin moved to close the regular session and go into
closed session and discuss pending and imminent litigation. The Mayor and
Council members all voted “aye.” The motion carried.

(Council went into closed session at 7:45 p.m. Present were Mayor Kohler,
Council members Pearson, Blotter, Norris and Duggin, Planning Director Eric
Bunker, and the clerk Lynne Shindurling.)

Council member Duggin moved to come out of closed session and into
open session, seconded by Council member Blotter. The vote was unanimous
and the motion carried.

14) ADJOURN

 Council member Blotter moved to adjourn. The motion was seconded by
Council member Duggin. The vote was unanimous and the meeting was
adjourned at 8:32 p.m.

Lynne Shindurling
Clerk/Recorder