Town of Daniel
Special Daniel Town Council Meeting
November 11, 2009
Wasatch County Services building
Room 132
55 South 500 East
Heber City, Utah
6:30 PM
Quorum present: Mayor Michael Duggin, Council members Jon Blotter, Eric Bunker, Chip Turner, and Gary Walton were present. Recorder Merry Duggin was present to record the minutes.
Mayor Duggin called the specially scheduled meeting to order at 6:38 PM.
Members of the public in attendance: Ryan Taylor, Kim Norris, Craig Brady and Shelly Bunker.
1) APPROVAL OF MINUTES FOR OCTOBER 5, 2009 MEETING
Council member Bunker moved to accept the minutes as presented. Council member Walton seconded the motion. The Council passed the motion with a unanimous vote.
2) CANVASS OF MUNICIPAL ELECTION AND CERTIFICATION OF VOTE
Recorder Merry Duggin presented the results of the municipal election held on November 3, 2009. There were no provisional ballots, and the final tally was 49 ballots cast out of 716 registered voters. The candidates were unopposed. The results were as follows: For Mayor, Michael Duggin received 47 votes. Write in candidate received 1 vote. For Town Council, Kasey Bateman received 41 votes; Lance “Chip” Turner received 48 votes. There were 2 write in candidates for Town Council. Jeff Webb received 1 vote and John Penny received one vote. Ms. Duggin asked the Council to approve and certify the candidates receiving the highest number of votes. Michael Duggin for Mayor, and Kasey Bateman and Chip Turner for Town Council.
Council member Walton moved to certify the election results of the municipal election as presented by the Recorder. The motion was seconded by Council member Turner, and the Council voted unanimously to approve the motion and certify the results.
3) FEMA FLOOD INFORMATION PRESENTATION BY MAYOR DUGGIN
Mayor Duggin presented to the Council a map from the Federal Emergency Management Agency designating the 100 year flood plain in the Daniel Town area which showed several areas of concern for flooding. Council member Bunker suggested that we need to adopt this map and restrict development within the flood plain areas, but he thought it would be wise to seek legal counsel concerning any restrictions that we might place on lots that might be designated unbuildable by our adoption of the map.
4) DANIEL MUNICIPAL WATER APPLICATION FOR SERVICE DISCUSSION
Recorder Merry Duggin presented a sample application similar to an example provided to Daniel by another municipality as a point of discussion. Issues not addressed in this application that the Council would like to see addressed are: cross contamination, mediation versus litigation of disputes, and impact fees. Council member Bunker suggested that a copy of the water company ordinance should accompany the application and be provided to a new system user. Mayor Duggin asked Council members Walton and Bunker to review and design an application that will suit our purposes.
5) DISCUSSION CONCERNING TOWN COUNCIL MEETING SCHEDULE FOR 2010
The consensus of the Council seems to be that the first Monday of the month is preferable to other days and indicated that meeting at 5:30 PM was convenient for the majority.
6) COMMITTEE REPORTS
Water company: Drilling on the well has begun, and the excavation for the new tank area is underway by improving the access road and clearing the area of vegetation.
Planning: We have “red tagged” the Jim McCleary project as the barn design has been changed to add an unapproved living quarters that was not on the submitted plans.
CDBG: The first public hearing has been scheduled and noticed for the Planning Commission meeting on November 18, 2009.
7) RECORDER’S OFFICE REPORT
Ms. Duggin asked for the Council members to review their personal contact information to be provided to the League of Cities and Towns. She also asked the Council to approve funds of $40 for each elected and appointed person who would like to attend the “Newly elected officials” workshop being presented by the ULCT in Heber City on December 12, 2009. The approval was granted, and Ms. Duggin indicated that she would be sending registration information to the Council.
8) DISCUSSION CONCERNING ADDING “THERAPEUTIC BOARDING SCHOOL” AS A CONDITIONAL USE TO THE DANIEL MUNICIPAL CODE
The discussion did not require a closed session. Council member Bunker and Mayor Duggin have met with the officials of Daniels Academy and reported that the Community Committee has been established, set meetings and determined who will be on the Committee. Not all members have been informed of their membership yet. Council members and the public are invited to visit the school at any time to see what they do in the school. Mr. Bunker stated that what we currently have in the school and what is allowed are two very different situations. Therapeutic boarding schools and homes for disability are guided by different rules established by the state of Utah. He felt it might be time to consider adding “therapeutic boarding school” as a conditional use so that the school would be regulated by the stricter rules. He felt that Daniel Town needs to set the conditions related to square footage or some other uniform measure to limit the number of residents.
Council member Walton remarked that the therapeutic boarding school language is very strict about who can be a student.
Council member Blotter showed concern about changing our code language. He felt that we might be issuing an “invitation” for other similar schools to apply to Daniel.
He couldn’t see how adding this new language would be a positive for the Town, and this would not stop “homes for disability” applications.
Mayor Duggin pointed out that if Daniel Academy should sell to another company, the new company would have to adhere to the rules we establish. As it stands now, Daniels Academy could also opt to bring in more problematic students if they desire to. We believe that Wasatch County Health Department has approved the home for 18 residents based on the septic system. While we could not limit the number of homes for disability, we might be able to set conditions on how far apart the homes might be established.
Shelly Bunker believed that the townspeople want a rural setting, not a school business situation.
Council member Turner asked if a school could just keep adding new buildings and bringing in more students to which Mayor Duggin responded that we could not allow the facility to change the nature of the neighborhood, but the Town Council cannot just respond to fear and public clamor. We need sound reasons to establish limits.
Council member Walton remarked that he sees no damage done to the neighborhood in the area of Daniels Academy by the school and felt that 80-90% of what goes on in the school happens in most households with large families. He sees the question as whether we want the school to continue as a home for disabilities or as a therapeutic boarding school.
Council member Turner remarked that he wants to read some information on the law and educate himself about the situation. He requested that the Council have at least one more meeting before referring anything to the Planning Commission or deciding what to do.
Mayor Duggin asked all the Council members to visit the school and suggested reading some of the state and federal law on the subject.
9) ADJOURN
Council member Turner moved to adjourn. Council member Walton seconded the motion, and the Council voted unanimously to adjourn at 8:44 PM.
Merry Duggin,
Recorder