Public hearing and council meeting minutes November 1, 2010

Daniel Town Council Meeting

And PUBLIC HEARING

Monday, November 1, 2010 at 5:30 PM

Wasatch County Services Building, Rm. 126

55 South 500 East, Heber City, UT

Quorum present: Mayor Michael Duggin, Council members Jon Blotter, Chip Turner were present at 5:30.  Council member Kasey Bateman arrived at 5:40 PM.  Council member Eric Bunker arrived later in the meeting.  Recorder Merry Duggin was present to record the minutes.

Mayor Duggin called the regularly scheduled meeting to order at 5:31 PM

Members of the public in attendance: Gary Walton, Ryan Taylor, Darwin McGuire,

Valorie Cummings, John Glodowski, and Shelly Bunker.

PUBLIC HEARING –CDBG

Mayor Duggin, opened the public hearing for the CDBG program and stated that this hearing is being called to consider potential projects for which funding may be applied under the 2011 Community Development Block Grant Program. It was explained that the grant money must be spent on projects benefiting primarily low and moderate income persons.  The Mountainland Association of Governments, in which Town of Daniel is a member, is expecting to receive approximately $500,000 in this new program year.  All eligible activities that can be accomplished under this program are identified in the CDBG Application Guide and interested persons can review it at any time.  Recorder Merry Duggin read several of the eligible activities listed including, water and sewer lines, acquisition of real property, culinary water projects.  Also eligible are loan programs for private businesses which would then hire low income persons and the program can also pay for housing rehabilitation for low income homeowners or for persons owning rental housing for lower income persons or for persons owning rental housing for lower income persons.  Mayor Duggin indicated that in the past Daniel Town has received $318,000.00 in 2009 and $290,830 in 2010 for construction on our municipal culinary water system.  The town has handed out its capital investment plan as part of the regional “Consolidated Plan”.  This list shows which projects the town has identified as being needed in the community.  It was asked that anyone with questions, comments or suggestions during the hearing please identify themselves by name, before they speak. The clerk will include your names in the minutes, and we would like to specifically respond to your questions and suggestions during the hearing.

No member of the public came forward with questions.

Mayor Duggin then opened the meeting up to further suggestions from the audience.  Mr. Gary Walton said that it would be a great idea to continue to replace the remaining old culinary water lines.  Council member Blotter thought that the best project that we could pursue would be to complete the replacement of as many old culinary lines as possible.  Mayor Duggin then asked if there were any other suggestions? The hearing was adjourned at 5:45 PM.

2) PRE DISASTER HAZARD MITIGATION PLAN—PRESENTATION FROM VALORIE CUMMINGS FOLLOWED BY POSSIBLE ADOPTION OF A RESOLUTION TO ADOPT THE 2010 MOUNTAINLAND ASSOCIATION OF GOVERNMENTS (MAG)PLAN AS REQUIRED BY THE FEDERAL DISASTER MITIGATION AND COST REDUCTION ACT OF 2000

Valorie Cummings from Wasatch County Public Works asked the Council to adopt a resolution adopting the Pre Disaster Hazard Mitigation Plan as written by Wasatch County and MAG which would allow the Town and Wasatch County to apply for grant funding to mitigate problem areas to help avoid disasters such as wildfire, flood, mud slides, and winter storms.  She explained that a plan is required by federal law, and Daniel could devise its own plan or adopt Wasatch County’s.   Town of Daniel was covered by the county’s plan before the Town incorporated, and this is an updated version of that plan.  The full plan is available online at  www.mountainland.org .  Council member Blotter asked if Daniel Town would be able to modify the plan.  Ms. Cummings replied that the plan is not site specific, and she did not feel that Daniel would want to modify the plan because Daniel does not have the personnel or financial resources to write its own plan.

Mayor Duggin read the resolution and asked for discussion.  Council member Bateman discussed the danger of wildfire and mentioned that Daniel could use funds to clear brush in several areas.  Council member Blotter believed that this is something we need to do but wanted to table the resolution until other Council members were present.

Council member Blotter moved that the resolution be tabled until the December 6, 2010 meeting.  Council member Turner seconded the motion, and the Council passed the motion with a unanimous vote.

Council member Bunker arrived at this point in the agenda.

3) DANIEL MUNICIPAL WATER ISSUES; BILLING, LIENS, PAYMENT AGREEMENTS, METERS, SNOW REMOVAL, ETC.

Water Manager Gary Walton informed the Council that some customers are having trouble with their payments.  One customer had still not paid even though he had signed a payment agreement, and Mr. Walton requested permission to have a second customer sign a payment agreement.  Mr. Walton said that if these customers do not pay soon, he will have no choice but to disconnect service.  There are also some homes going into foreclosure and Town of Daniel might have to place a lien on those properties to collect water fees due.

Mr. Walton has arranged with a local service for snow removal from the water pump station site and access road for $125 per snow push.  It was agreed that the meter located at the Wasatch County public works building should be read regularly to provide more accurate information about water usage, and perhaps the Town might raise the fees being charged at that location if the situation warrants such an increase.

4) DISCUSSION LED BY MAYOR DUGGIN CONCERNING POSSIBLE ADDITIONAL DRINKING WATER BOARD FUNDING TO COMPLETE DANIEL WATER IMPROVEMENT PROJECT AND RESOLUTION IN REGARDS TO MAINTAINING PRISTINE WATER IN DANIEL

Town of Daniel has requested additional funding from the Division of Drinking Water Board to allow Daniel to finish the replacement of the municipal water lines along Mill Road and upper 3000 South.  The Board has offered the Town $340,000, half of which would be a grant.  The other $170,000 would be a loan to be repaid over the next 30 years at .5% interest.  The additional funding would probably require an increase in the monthly water bills to our customers, and in these difficult economic times this should be considered carefully.  It was pointed out that the engineering and bidding process has already been completed, and it would be a shame if we could not complete the project at the current construction rates.  Mayor Duggin said that the Town Council must listen to the residents. He spoke of sending letters to the customers.  Council member Bunker felt that all the Town residents should be notified of the situation.  No action was taken, and Mayor Duggin said that this offer from the Division of Drinking Water would be available for approximately a year.  It was agreed that the Town should wait to make a decision in the spring of 2011.

Mayor Duggin then turned the discussion to a resolution in support of maintaining pristine water in Town of Daniel as mentioned in our General Plan.  He informed the Council about the American Stewards organization which has had success in forcing state and federal agencies to coordinate with local governments, and he felt that this might be a good resource for addressing the Town’s residents’ complaints about the Jordanelle Special Service District placing treated sewer water in our irrigation canals.

At this point, Council member Bunker stated to the Council that he felt he had a conflict of interest and that he should recuse himself from this discussion and leave the meeting.  He left at 6:50 PM and did not return.

Mayor Duggin read Daniel Resolution 2010-11-01 Resolution to Implement Coordination by the Daniel Town Council and opened the floor to discussion.

In referring to the actions of the Jordanelle Special Service District and Central Utah Water Conservancy District, Council member Bateman reported that a BYU professor had said that prescription drugs won’t be removed from this water, and they can’t claim that it won’t cause harm. Council member Turner hoped that we could “put the brakes on what they are doing”.  Council member Blotter asked when and how this would work.  Mayor Duggin indicated that he would like to form a committee of 4-5 people which would write letters and hold meetings, but it would take months of work.  The Council members were all enthusiastic about proceeding with this resolution, and Council member Turner moved to adopt DR 2010-11-01 as written.  Council member Bateman seconded the motion, and the resolution was adopted by the following vote:  Duggin, aye; Bateman, aye; Blotter, aye; Turner, aye.  Council member Bunker was not present.

5) COMMITTEE REPORTS; PLANNING

There was no report as Mr. Bunker had left the meeting.

6) RECORDER’S OFFICE, WARRANT APPROVAL

Recorder Merry Duggin reminded the Council of the Bingelli Annexation into Charleston Public Hearing.  The warrants presented to the Council were approved.

7) APPROVAL OF MINUTES FOR OCTOBER 4, 2010 MEETING

Council member Turner moved to approve the minutes as presented.  Council member Bateman seconded the motion, and the minutes were approved by a unanimous vote. 

8)  ADJOURN

Council member Blotter moved to adjourn.  With the second from Council member Turner, the Council voted unanimously to adjourn at 7:30 PM.

Merry Duggin,

Recorder

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