Town Council and Public Hearing minutes August 7, 2017



MONDAY, AUGUST 7, 2017 AT 6:00 PM




Quorum Present:  Council members Bunker, Bateman, Glodowski, and Blotter were present when Mayor Turner called the meeting to order at 6:01 PM.  The Treasurer, Sherri Price, was present, and Clerk Lynne Shindurling also to record the minutes.

Members of the public in attendance were:  Shelly Bunker, Paul and Lisa Dinga, Norma J. Olson, Kim Dudley, Judy Rudman, Brent Waterman, Jaq Shindurling, Brandon Larson, Bret and Gina Williams, Stefanie Grady, Don and Penny Hyde, Golda Grier, Jenny Pederson, Mark and Jamie McAllister, Kim Norris, and Ryan Taylor of GDA Engineers.


Penny Hyde stated Internet in the Town of Daniel is very slow, and school children have a difficult time doing homework on computers supplied by the school.  Mayor Turner stated he is aware of the problem and the Town is currently considering an agreement with a new communications company, All West, which may alleviate some of the problem.  He stated a petition signed by residents directed to Century Link and Comcast regarding the slow Internet probably would not do any good.

Council member Blotter moved to close the regular session of the meeting and open the public hearing on compensation.  Council member Glodowski seconded the motion, and the motion passed unanimously.


Mayor Turner opened the discussion by stating the subject has been looked at for six months during Council meetings, but it is time to act on the raise issue.  The clerk is looking to be replaced at the end of 2017, and it is felt a higher wage will be needed to attract a new clerk.  The Mayor read a motion from the July meeting recommending an additional $10,000 be paid annually to the positions of Planner, Mayor, and Clerk/Recorder.

He stated his recommendation of raising salaries as follows:  Mayor from $9,600 annually to $19,200; Planner raised from $15,600 annually to $25,200; and Clerk/Recorder raised from $7,200 annually to $16,200.  He stated budgeted amounts were increased in the fiscal year budget for 2017-2018 with raises in mind.

Kim Dudley asked if an increase in salaries would result in increased taxes for residents.  Mayor Turner stated as items are budgeted for in the Town budgets, they are paid out of revenues received during the year into either the General Fund or the water funds, and produces no increase in property taxes.  He said taxes in Daniel have not been raised for several years.

Lisa Dinga stated she thinks the officials deserve a raise and agreed to the figures the Mayor stated.  Brent Waterman stated he attends many of the Town meetings and sees the time and effort put forth by the employees and feels just compensation is fair.  He realizes replacing individuals currently sitting in elected or appointed positions is going to command a higher wage in the future.  He further stated residents present at this hearing could provide suggestions of amounts they feel would be fair.

Mr. Waterman asked that the Mayor read his recommended figures again.  After doing so, Mr. Waterman stated he thought a motion was in order to accept the figures.

Council member Blotter added the Planner currently is receiving State retirement benefits because he also has employment with a State agency.  Council member Bunker stated adding retirement benefits to other Daniel employee salaries would help in recruiting new personnel.

Brandon Larson asked if this was a 10 percent increase across the board or the increases being considered were random.  Mayor Turner again stated they were looking to increase salaries for the three positions stated at approximately $10,000 each annually rather than on a percentage basis.  Mr. Larson asked at how many meetings wage increases had been discussed.  Mayor Turner replied since looking at the budget increases formulated in April for the next fiscal year, which began on July 1.  Mr. Larson stated his approval for the increases enumerated.

Stefanie Grady asked if employees receive insurance benefits, to which the Mayor answered in the negative.  Mrs. Dinga asked if this would be the first increase for personnel.  Mayor Turner explained in the beginning officials were unpaid.  Once the Town was better established, salaries were set and this is the second increase discussed.  Council member Bateman stated the same holds true for water personnel.  A lot of volunteer work was done in the beginning, and unpaid manhours are still worked by himself and others to perform repairs on the water systems at times as work needs to be performed.

Kim Norris asked what is the annual amount of revenue the Town receives with which to pay its expenses.  He also stated current employees could keep track of hours spent on Town business to help in determining future wages.  The clerk stated fiscal year 2016-2017 was approximately $316,000 revenue put into the general fund, with expenses not exceeding that amount for purposes of balancing the budget.  Mr. Norris acknowledges it would be nice to give raises to all personnel across the board, but stated a Town the size of Daniel does not have a large amount of income from which to draw for paying employees, and adding benefits to salaries would be nearly impossible.

Council member Glodowski stated it is hard for a small town to even meet the lower end salaries paid by other municipalities.

Council member Blotter said he did research to find what other municipalities pay through a website called Right To Know and could not find comparable data.  Kim Dudley stated she works for the sewer district in Park City and suggested just calling other municipalities for salary information is more productive.  Sherri Price said for transparency’s sake information is posted with the Utah State Auditor which requires quarterly posting of certain information.

Mayor Turner asked for a motion to close the hearing.  Council member Blotter moved to close the public hearing and go back into the regular meeting, which was seconded by Council member Bateman.  The motion passed unanimously and the hearing was closed.

The Mayor read Daniel Ordinance DO-2017-08-07 into the record, which contained the following figures:  Mayor’s salary increased from $9,600 annually to $19,200; Planning Director increased from $15,600 annually to $25,200; Clerk/Recorder increased from $7,200 annually to $16,200.  The ordinance passed unanimously and was initialed as approved by all council members.


The Town engineer Ryan Taylor of GDA Engineers provided a handout to those present.  Mr. Taylor stated Storm Haven’s community sewer system, on which there are presently 18 connections, is 30 years old and starting to fail, requiring frequent repairs.  A study was performed by Town engineers for the State Department of Environmental Quality to look at current rates for the sewer and water customers, and those recommended for the future.  Mr. Taylor presented materials showing different options to upgrade the sewer system.  Community septic systems are no longer allowed to be constructed or extended, but repairs can be made to parts of the system in need of such.  He mentioned some lots in Storm Haven would not allow for an individual septic system because of size or terrain or being too close to Daniels Creek, thus requiring the current system to remain in working order.

Mr. Taylor stated the collection system is failing and in certain portions when placing a camera in the pipes for observation, water personnel found gaskets are missing, pipes are cracked, and there are two places where the camera cannot be placed at all.   However, the leach field appears intact but is not really known.  With only 18 connections at $16.00 per month, one visit from professionals to look at and repair the system at a cost of around $2,500 to $3,200 puts the Town, who owns the system, in the red very quickly.

The option A suggested by Mr. Taylor is for replacing the pipes in sections over time, and he showed the cost for various components involved in this replacement.  Option B involved replacing the existing system with a pressurized system, at a cost close to option A, but expended all at once and requires all residents install a grinder pump at a cost of $3,000-$5,000 each, and new laterals would have to be placed and each home reconnected.  This option seems cost prohibitive to most residents as well as the Town.  Option C is individual systems which, as mentioned above, could not be installed on all lots so a system would have to remain for the homes that could not have an individual septic system.  If the leach field needs to be replaced in the future, it would require more property on which to run the lines.

Option D involves connection to Twin Creeks, which does not seem feasible at this point because the distance is too great.

As Mr. Taylor presented a table of existing and future rates needed to keep a viable system in Storm Haven, he mentioned their projections going several years into the future turned out to be only one year and now repairs are becoming much more frequent and very costly.  He recommends raising the rates for both sewer and water connections as soon as possible, with the hope of obtaining funds from the State or Federal government.  In order to qualify for government monies, the rates have to be at a certain level, which is another reason to go forward with a raise at this time and other increases over time.  If money in the form of a bond is obtained, rates need to be sufficient to make the bond payments annually.  If money is obtained through a grant or a loan with loan forgiveness, the rates established in order to receive the borrowed funds must remain at the same level until the bond is paid off.

Council member Glodowski asked what would happen if the system failed and the Health Department were to step in.  Mr. Taylor stated without a way to get rid of the waste currently going into the community septic tanks, the homes would be condemned and no one allowed to live there.  Up to this time when problems have arisen, the residents have pitched in to remedy the problem and a catastrophic failure has been averted.  Most problems have occurred in the lower end, and Mr. Larson mentioned one in the middle also.

Council member Bateman mentioned October 2016 Spence Christison had a blockage on his line sending materials toward the Larson.  The line was cleared by jetting the line there.  Council member Bateman recommends cleaning the line annually as a preventative maintenance item.

Kim Norris mentioned a problem at the trailer home owned by Heather Krebs in the past year also.  He stated residents appear to be placing items which should not go into septic systems through their systems, such as wipes, which are very destructive to the system.

Mr. Norris, at the insistence of the Mayor, introduced himself to the public present as a member of the Planning Commission and also one of the main people to deal with water issues that arise both in Storm Haven and the Daniel Municipal Water system.  He mentioned the fact that Daniel Domestic Water was replaced with an entirely new system which became Daniel Municipal Water through the use of grants and loans, and has become self-sufficient.  But all of this was accomplished by reducing the amount of monthly base gallons provided and increasing the rates paid by residents in order to have a new functioning water system.

Mr. Norris went on to say receipt of grant monies allowed replacement of the meters at each residence in Storm Haven with radio-read meters to facilitate meter reading each month, and placement of a new pump in the existing well.  The Storm Haven Water system is in need of a new storage system to replace the 20,000-gallon tank on site and drilling of a new well to be able to service the number of homes on the system.

Council member Bateman stated Suzanne Goodfellow gave the water and sewer systems to the Town of Daniel in late 2015 because she could not afford to maintain them any longer.  Bret Williams asked who owns the system.  Mayor Turner stated Daniel Town now has two separate water systems it is responsible for maintaining.  Mr. Williams asked if there is different pricing for water on the system.  Council member Bateman explained there exists a tiered system where the base rate of $35.00 gives 8,000 gallons monthly to each residence.  Overages are calculated at different rates depending on the amount of overuse.   He further stated this is less water than provided to customers on the DMW system, but Storm Haven is limited by the well size and what it can produce with the current pump, so many gallons per minute, to service 54 homes on a system which was originally built to serve one home.

Lisa Dinga asked if there is currently a moratorium in place for water on the Storm Haven system.  Council member Bateman answered in the affirmative, explaining no new homes can hook into the system as it is currently producing at maximum capacity.  Mayor Turner stated the Council and engineers are looking into the sewer system’s problems in an effort to be proactive and not wait until a disaster occurs on the system.

Council member Bateman went on to state with the acquisition of the Storm Haven sewer and water systems came the ability for the Town to obtain government loan and grant monies which a private water company was not eligible for.  Mr. Williams asked if the 18 homes on the sewer system were going to be liable for paying the grant or loan monies, to which the Mayor responded affirmatively.  Council member Bateman added when DMW replaced the old Daniel Domestic water system, only those residences on the system received the increase in rates to offset and pay back the borrowed funds.

Mr. Williams stated repair and/or replacement is an awfully big bill for 18 residents to bear.  Council member Bateman agreed, stating he too is one of the 18 and recommends repairing the two areas where known problems exist while at the same time continuing to apply for grant and loan monies to upgrade the entire system.   He also recited a number of products which should NOT go into a septic system, such as bleach and grease.  Garbage disposals should not exist in the homes on the system.  Mr. Taylor added people should NOT be using their cleanouts at their homes to dump RVs after a vacation.

Mr. Taylor agrees immediate attention be placed on addressing the two areas mentioned as problem areas, raise the rates, and increase education and information given to residents as to what should not be placed in the system to prolong its life.  Even though grant monies are not available currently, he feels better times will be coming when the system can get some help.

Don Hyde asked what systems exist for the homes between Storm Haven and Twin Creeks.  Mr. Taylor explained the homes on Tammy Lane and Crazy Acres have individual septic systems and drain fields because of larger lots.  He mentioned all old and new construction in Daniel Town is on septic systems as there exists no sewer within the rest of Daniel.  The Town of Independence seems to have great plans as it expands for a system which may move further up the canyon and allow Storm Haven residents to hook into it in the future.

Mark McAllister mentioned while living in Heber City his monthly sewer bill was around $30.00 five years ago.  Perhaps an increase to $40.00 per month would be worth having a newer system.  Norma Olson stated those living on a fixed income cannot afford even the slightest increase in rates.

Kim Norris said the Town is in need of volunteers and employees.  Brandon Larson has lent his backhoe for work performed.  Lisa Dinga said communication is key and reiterated the need for a municipal Facebook page in addition to the Town website.  She does make informational posts to the Storm Haven Facebook page.  Council member Glodowski stated having a list of products which should not go into the septic system is important also.

Kim Dudley, who works for the Park City sewer district, stated monthly bills there average about $40.00 per month which includes 8,000 gallons of water also.  She believes the increased rates will provide needed revenue to the system. Comment was made that Suzanne Goodfellow did her best to keep the system in working order during the time she owned it, but she realized it was going to need more work than she was willing to take on.

Mayor Turner asked Council member Bateman had interest in being a maintenance person for the Town.  He did express interest but is not in a position to give up his employment and will continue to volunteer his time to help neighbors and the community, as he is doing presently, on a part-time basis.

Bret Williams stated the community as a whole needs to pitch in for one another, even to the point of making it look better.  Ms. Dinga stated in the 11 years she’s lived there she thinks it look its best presently.

Council member Bunker asked how many of the 18 residences on the sewer had representatives present at the meeting.  It was determined to be 8-9 of the residents there were present for the discussion.

Mr. Taylor turned the discussion to the concrete collection tanks in the sewer system.  He stated they appear to be in better condition than the pipes and does not see a need for replacing them at this time.  Kim Norris said as the annual inspection of the tanks has been performed in 2016 and ’17, the tanks passed both years.  Mr. Taylor also stated he has not seen any problems with the drainfields either.

Mr. Taylor stated he would recommend replacement of the existing system in sections, dealing with the two known problem areas first.  He would like to design out the approximately 2300’ of laterals with the idea some will be moved to a better location on properties as they are replaced and use cameras to observe where the next problems may occur.  If funds allow, he’d like to replace about 400’ per year until grants and/or loans become available.

Mayor Turner asked the Council if they are prepared to pass a resolution with a new rate structure now that the public has had a chance to voice concerns.  Council member Bateman asked if the hardship clause is still in place for residents who cannot afford any type of increase.  The Mayor stated it is always in effect and the Town will always put the welfare of its residents first.  Council member Bunker asked to wait another month so the residents can visit amongst themselves about the best resolution.  Another meeting with Storm Haven residents is also scheduled to take place during the Planning Commission meeting on August 16th.

Bret Williams stated he would like the Town to have a plan in place before they start replacing lines with new rates in place one at a time to let residents know the sequence of the work to be done.  Mr. Taylor would like to get started on replacing the defective lines as soon as possible where loan monies are not available to do the entire system at once.  Mayor Turner said the location of all lines is not known as insufficient maps were provided at the time Daniel took over the system.  Council member Bateman volunteered to sit down with Mr. Taylor to create priority zones or problem areas with costs associated with each.  Mr. Taylor stated all current information has been put into the Town’s GIS system as the puzzles pieces come together.

Council member Bunker moved to continue the discussion until the next Council meeting on September 11th.  The motion was seconded by Council member Glodowski and passed unanimously.

Mr. Taylor closed the discussion by mentioning $200,000 in grant monies had been received to replace the two culverts in the Storm Haven area and no sandbagging was needed with this year’s high water.  This shows how the Town’s ownership of the system has proved valuable over that of a private water system.


The Mayor stated this was taken care of in the previous discussion.


Kim Norris did not have comment.  Mayor Turner mentioned an email he received requesting permission from another Internet provider to put a dish near the Daniel Municipal water tower.  He has not followed up on this item yet.


Mayor Turner received notification from Mr. McCombs that he was not prepared to discuss this item yet.


Council member Bunker stated no new business applications nor renewal applications were received in July.


This discussion arises with the road into Three Farms Subdivision, but Council member Bunker stated there are other roads to consider as construction takes place.  The road for building a home by Mr. Gressmen off Little Sweden and the McCombs residence on Poppy Lane will need guidance as far as public or private.

Council member Bunker stated the public waterline was run into Three Farms in the PUE on a private road.  Construction off Little Sweden and Poppy Lane deal with a similar issue.  The question is does the Council want to keep the roads private and the waterlines public.  His preference is to keep the waterline public so that it is properly maintained by the Town.  An 8” fire suppression line has been run to all properties on Three Farms paid for by the residents, but the waterline is now property of the Town.  Jaq Shindurling stated if the road becomes public, then Daniel is responsible for repairs and snow removal.

When the new road standard was approved by the Town Council, it was written that up to three homes could be serviced on the private road.  If a fourth home was built, then the road would have to come up to the paved road standards found in the Daniel Code paid for by the families living on the road.  If Daniel Town elected to extend a private road, then the Town would be liable for the cost to bring it up to Town standards.  Mr. Taylor reminded the Council that the proper base is already in place under the rotomilled surface.  Pavement would be added to the base that exists.

Council member Bateman asked if there becomes a liability issue if the road is made public.  Mr. Taylor stated this is a legal question, but his understanding is the Town has some liability for all public roads within Daniel.

Council member Glodowski stated the waterline is what is at issue here.  He asked if the road is private can the waterline become public.  The answer is yes, that is the current state on Three Farms.   Mr. Taylor stated at the time of installation the 8” line was installed with a hydrant near the homes, three meters placed to service each home.  All of that was paid for by the landowners.  He said now the line to the meters belongs to the Town, and as is the case for every other metered residence in Daniel, the homeowner is responsible for the waterline from the meter into their home.  He asks if the Council wants the waterline to remain public.

Mayor Turner stated he would like the road to remain private and the responsibility of the residents, although the Town has a right-of-way on the road.  Council member Blotter stated he likes the idea that a resident is responsible for the waterline from the meter to their home and that perhaps it is better if the line to 3000 South is controlled by Daniel Town.  The Mayor agreed.  Council member Bunker mentioned the Gressmen home will be serviced by Twin Creeks and will not be under the jurisdiction of DMW.

Planning Director Bunker and Mr. Taylor, as the Planning Staff, ask the Council for direction on how to handle this issue in the future.  Mayor Turner, with the Council’s concurrence, stated the road is to be private and the waterline public, under the control of Daniel Town.  Future developments will be designed with this in mind.


Council member Bunker stated the Planning Commission recommended the Council set a Public Hearing for the rezone application to move forward, as stated in the recommendation letter sent to the Town Council.

Council member Glodowski moved to set the Public Hearing for the next Council meeting on September 11, 2017, which was seconded by Council member Bateman.  The motion passed unanimously.

Council member Bunker stated now the notification letters of the rezone application may be sent to property owners within 500’ of the Bunker property, notifying them of the hearing date.


Planning Director Bunker provided the Council with his July planning report.  Mayor Turner asked Mark McAllister if he is waiting for a response from UDOT or it he is reconsidering his rezone application.  Mark stated he is dragging his feet as much as UDOT considering all scenarios dealing with his property.  It remains on hold.

Mayor Turner asked about the Charleston/Daniel boundary agreement.  Planner Bunker stated the map had been rejected by the County surveyor and is awaiting more information from Mike Petersen.  The work at the realigned intersection of 3000 South and US-189 was removal of the topsoil and other fill material put in its place.

Planner Bunker stated Daniels Academy is changing a bedroom and bathroom and all County agencies have signed off on it.

The herbicide spray applicator has been acquired by Planner Bunker.  Mr. Bunker mentioned all reviews and inspections are being handled through GDA Engineers and no further work is being done by Epic Engineering for Daniel Town.

Mention was made of verbal complaints for fences over three feet at residences on a corner lot and the 25’ visibility issue.  This applies to trees on a corner as well.  Trees must be cut from the trunk from three to eight feet for visibility.  The main reason for establishment of the 25’ visibility rule is for safety.  Although there are two fences which are noncompliant and one corner berm with tall trees, Mayor Turner wants time to look at the issue and solutions before asking that citations are issued.

A verbal complaint was received at the clerk’s office regarding Scott Kohler building a deck onto his home without a permit.  A wall has been placed and a roof over the deck, which appears to be more of an addition than just a deck.  The Council has not required permitting of decks as a whole.  Mr. Kohler has also replaced vinyl siding with masonry work, which would also require inspections as the work progresses.  Ryan Taylor has spoken with   Mr. Kohler, and Scott stated he would obtain the necessary permit.  The Planning Commission is asked to write up a definition for a deck for future construction within Daniel.

Council member Glodowski moved to require Mr. Kohler to pull a permit and follow the procedures which are dictated by the Planning Commission.  The motion was seconded by Council member Blotter.  Mayor Turner’s discussion allows a month or two for the Planning Commission to define “deck” for future reference.  The motion passed with the following vote:  “Aye” votes from Mayor Turner, Council members Glodowski and Bunker; “nay” votes from Council members Bateman and Blotter.

In closing Planner Bunker mentioned Mike Davis, the Wasatch County manager, reported the County Attorney will not represent Daniel Town or participate in the collection of funds used in firefighting under the State Wildland Fire Cooperative Agreement.


his item was on the agenda at the request of Council member Blotter.  He stated he now understands the reasoning behind two sets of eyes looking at plans and the time taken by the Planning Staff is moving the process along as quickly as possible.


            As no information had come forth in the previous month, Council member Bunker moved to continue, which was seconded by Council member Glodowski.  The motion passed with “aye” votes from Mayor Turner, Council members Bunker, Blotter, and Glodowski, with an abstention from Council member Bateman.


Mayor Turner opened the discussion by asking his own questions on the Amendment A, 8.25.03(8), number of employees on business license application.  Brent Waterman provided an explanation for his reasoning in the wording of this paragraph, that being the applicant provides the Planning Commission with specifics for their business at the time of application.

Next 8.25.05 was discussed regarding review by four citizens and asking if the Mayor would make the final decision.  Is this process necessary if a business has been approved by Planning, a written complaint comes in regarding operation of a particular business, and the Council addresses the issue at a regular meeting.

Paragraph 8.25.06(d) was next reviewed, with a question arising regarding parking of vehicles in Daniel.  The Mayor wants specifics on where in Daniel the vehicles are stored or parked.  Planner Bunker stated this would be regulated by looking at the original application and determining if numbers and size of vehicles changes from time of application.  If a citation is issued, there must be an appeal process to follow.

Next the redlined version provided by Jon Blotter was looked at item by item.  Some items were eliminated and others still have questions to be addressed at the next meeting.  The Amendment A will be reviewed in September for final approval.


Council member Bunker moved to approve the minutes as written, which was seconded by Council member Glodowski.  The motion passed with four “aye” votes and an abstention by Council member Bateman.


The July warrants were presented to the Council by the clerk.  On Town warrants Mayor Turner asked GDA about the invoice for $5,200.71 for general planning.  Mr. Taylor explained GDA is still refining their internal procedures and at times amounts should be allocated to other items, but they are making headway and charges should become clearer as time goes on.

Discussion ensued regarding the Series 2009 annual bond payment and the fact this could have been reviewed with the Storm Haven residents in the item 3 discussion.

On water test samples taken for Storm Haven, Mr. Taylor explained presence of coliform in the sample caused a retest, followed by a State official visiting the site and testing protocols reviewed to avert future bad samples.  Added points will probably result from his examination.

Council member Bateman reviewed the repair sequence that occurred at the Bradley Hansen residence and the fact he did much of the work on his property.  The Council agreed to credit him for $200 of overuse charges for the month and issue a check to Mr. Hansen for $300 for work performed in the repair.

Council member Bateman moved to accept the August 2017 warrants as presented.  The motion was seconded by Council member Blotter and passed with unanimous “aye” votes.


Council member Glodowski moved to adjourn the meeting, which was seconded by Council member Bateman.  The motion passed unanimously and Mayor Turner adjourned the meeting at 10:23 PM.

Lynne Shindurling



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