Town of Daniel
Special Daniel Town Council Work Meeting
September 29, 2009
Wasatch County Services building
Room 132
55 South 500 East
Heber City, Utah
6:30 PM
Quorum was not present. Those present: Mayor Michael Duggin and Council member Eric Bunker. Council member Gary Walton arrived at 6:54 and left the meeting before it adjourned. Council members Jon Blotter and Heather Bateman were absent. Treasurer Dan Harvath was present, and Recorder Merry Duggin was present to record the minutes.
Members of the public in attendance included: Kim Norris, Ron Hinckley, Lambert Deegan, Chris Anderson, Boots Crisler, Darwin McGuire.
Mayor Duggin called the meeting to order at 5:34, and he reminded those present that this was a work meeting and that no action could or would be taken.
The topic of discussion centered on the practical operation of the Daniel Municipal Water system. The ordinance passed on September 14 was discussed, and the Mayor asked those present if they would like to discuss the changes that were recommended by the Attorney General’s representative for this ordinance to meet the requirements of our bonding. A few changes were recommended.
Mr. Crisler worried that there is no provision in the ordinance for an “emergency” situation. Mr. Norris noted that a resident’s emergency would not be a town emergency, and that we would need to get property owners to hire engineers and set aside a PUE. The burden and expense to provide the necessary rights of way must be on the applicant and not the Town. Mr. Norris and Council member Walton also suggested that a resident in an emergency might be able to install a tank and purchase water for a short term from the water company rather than apply for an actual connection.
Mr. Hinckley felt that an “emergency” should be determined by the water company manager meeting with the Town Council. Mr. Bunker agreed that the Council should make the final determination. Mr. Harvath wanted to avoid setting up a “due process” situation which the town would then be required to perform for anyone requesting the service
Mayor Duggin then discussed the manager position. The attorneys would like to have a manager operator rather than a committee in charge. Council member Walton felt that the Town Council should make the decisions, and that the manger would be a “go between” the customers and the Town Council. It was agreed that a manager would be named to run the system.
Mr. Harvath explained to those present the situation of having the Daniel Domestic Water Company still a viable nonprofit corporation but not operating the water system. Since the litigation between Daniel Domestic and West Daniels Land Association is still active, DDWC should remain intact with its board and bank account in order to pay the legal bills until they reach the end of litigation. At the end of litigation, DDWC might want to consider dissolving the corporation. Meanwhile, Daniel Municipal Water will receive all the income from the water system going forward from October 1, paying all the water system bills, and operating under the new ordinance and management. Mr. Harvath requested that DDWC transfer $10,000 to Town of Daniel to help defray legal expenses the town has incurred in taking over the system.
Water company bills will be presented to the Town Council by the Recorder each month so that the Council will understand the operation and expenses of the system.
Mayor Duggin adjourned the meeting at 8:25 PM.
Merry Duggin,
Recorder