DANIEL TOWN COUNCIL MEETING
MONDAY, MARCH 5, 2018 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UT
Quorum Present: Council members: John Glodowski, Eric Bunker, Stefanie Grady, Jon Blotter. Council member Bunker opened the meeting as Pro Tem Mayor in Mayor Turner’s absence. The meeting called to order at 6:01 PM. Clerk Mary Snyder was present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance were: Kim Coburn with GDA Engineers, Shelly Bunker, Jamie McAllister, Mark McAllister, Kim Norris, Steve Mecham, Todd Wall, Mick Kohler.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA (LIMIT 2 MINUTES PLEASE)
Mick Kohler present to the council a mitigation resolution to work with the County in reference to the garbage along our community roads.
Steve Mecham was present to address to council and announce that he is running for the Sheriff position.
2) BUSINESS LICENSE APPLICATIONS/RENEWALS:
There were a total of six (6) renewals for the month to include: Larson Ground Maintenance, JM Trucking, Action Performance Electric, MCV Construction, Timberline Lumber & Distributing, and Stonecutter Construction. There have been no complaints and the renewals were approved.
Council member Glodowski motioned to approve, seconded by Council member Blotter. Motion to carry in favor Council members Blotter, Glodowski and Grady. Council member Bunker abstained.
3) APPROVAL OF BUNKER REZONE ORDINANCE 2018-03-05A
The complete ordinance was read and called for the vote to approve.
A motion to adopt the rezone change was made by Council member Glodowski, seconded by Council member Blotter. All in favor Glodowski, Blotter and Grady, Council member Bunker abstained.
4) DISCUSSION OF NEPOTISM ORDINANCE 2018-03-05B
As of last year, the State of Utah passed a law to have a nepotism policy in place. Because of being unsure if there is a conflict at this time with family members, the council would like to have time for further review and asked to continue to the following month.
Council member Blotter made a motion to continue to April agenda, seconded by Council member Grady and all Council members Bunker, Glodowski, Blotter and Grady were in favor.
5) APPROVAL OF ORDINANCE 8.25 AMENDMENT A
Council member Blotter asked to go over the changes that have been made to the Amendment A. Council member Bunker stated that one of the changes imposed is bi-annual renewals to lessen the work load but stated that maybe it is better to leave it on an annual basis to keep closer tabs on businesses. Council member Blotter stated that he feels it is easier to do once a year but is ok with every other year. Council member Grady also agrees that annual is better as she has a home business.
If there are issues on bi-annual, possible fees would have to be returned, whereas with annual fees would not be returned. There are currently 36 issued business licenses issued within the Town, according to Council member Bunker.
Council member Blotter indicated that he would like the Mayor to be present when adopting this ordinance.
Council member Blotter made a motion to continue to April agenda, seconded by Glodowski. All in favor Council Members Blotter, Bunker, Glodowski and Grady.
6) PLANNING DEPARTMENT REPORT, VIOLATIONS & ENFORCEMENT
Rob Armstrong is working on getting a zone change on Mill Road and that will be in the making soon.
Todd Wall, one item on the stop work order has been fixed, building was moved.
The deck building recommendation has been revised. Council member Blotter wanted to know why we are regulating. With the prior regulation, anything over the old square footage would require a building permit. Council member Blotter also stated that he did not feel like we need to regulate decks. Kim Norris stated that there was a prior issue that has started the regulation and could lead to a town liability. Council member Blotter stated that he is not in favor with this code. Kim Norris also stated he would like to see government not regulate as well.
Council member Glodowski made a motion to continue, seconded by Council member Grady. All Council members Glodowski, Blotter, Bunker and Grady were in favor to continue to April agenda.
7) WATER CONTRACT REVIEW FOR DANIEL MUNICIPAL WATER/STORM HAVEN
A contract for new services was created. Kim Norris stated that Town attorney indicated that with the contract we are able to lien against the properties. The attorney co-authored the contract with a prior contract. Upon review of the contract, there was found to be several typo errors that need to be addressed.
Council member Bunker asked how everyone felt about the wording. Council member Blotter stated that it is long and a little scary. Mark McAllister stated that the wording seems to be about the same as long as Heber City Corporation.
There was question about the rates/fees and when they are due. Under current billing it is due the first of the month and the payee has until the middle of the next month to pay. However,
Council member Bunker inquired how you get existing customers to sign the contract and how do we attach a lien. According to the book (ULTC- 2017), under rates and fees, “A city town cannot impose fees to a new owner from an existing owners water bills. Water bills are personal in nature and do not attached to land as a lien. You have to pursue the prior owner for outstanding bills and you cannot make new owner pay for prior water bill”. There are several referenced case laws providing precedence. Kim Norris stated that there could be a notice of interest placed on the property in the event of a sale, but a lien is a lot more powerful. He also feels like the contract will make it easier for the town. Council member Bunker stated that we could file a lawsuit against the owner and then attach it to the taxes.
Jamie McAllister asked how long we are letting water bills go before shutting services off. Kim Norris stated that outstanding bills are between $550.00 to $600.00. Council member Bunker stated that in October that services are shut off before freezing situations. Other municipalities are not allowing bills to become that far outstanding. Currently there are approximately 3 services that are continually delinquent accounts.
Kim Norris also stated that there is a home the water has been shut off for 6 months and believes the home is under bank foreclosure. He stated that he is not sure the house will ever sell. He asked if it is legal to still continue to charge $35.00 a month for services. Council member Bunker stated that is the policy, if water is available they are billed if the meter is set.
If services are on idle, when can or should it be forfeited for abandonment of services, Council member Bunker asked. Council member Blotter stated that the contract should be updated to address the typos and possibly add the abandonment clause for April agenda.
Council member Bunker asked if anyone would be willing to look into attaching a delinquent water bill to a property tax. Council member Blotter stated that he would be willing to look into this.
Council member Blotter motioned to continue, seconded by Council member Grady. Council members Bunker, Glodowski, Blotter and Grady were all in favor to continue to April agenda.
8) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY
Kim Norris stated that he has someone interested in connecting onto the system. This would require extending the water line and would benefit the town. He stated that it might be in the interest of the Town to help with the line. Council member Blotter asked if one person was going to be hooking onto the line. There is a protentional for multiple services to come on board. Kim Coburn stated that there is approximately 600 feet of line at approximately $50.00 per foot that would need to be completed on Southfield Road. Kim Norris stated that the line already exists about 60 feet and includes a fire hydrant. There would be additional impact fees from new services that would eventually help covers fees. The customer is willing to pay separate hook-up fees as well as put monies towards the line extension. Council member Bunker stated that he would like Kim Coburn with GDA Engineer to work on an engineer estimate for the project for the next meeting for council review, as well to work with the owners.
A motion to continue was made to have an engineer estimate by the April meeting for review and Council members Grady, Blotter, Bunker and Glodowski were all in favor.
Kim Coburn stated that the water sampling has been clean. The radiological water sample testing is completed on a quarterly basis and she was able to get the States approval to test every 3 years saving the Town approximately $9000.00 in sampling, laboratory and engineering cost over the next 6 years.
9) STORM HAVEN WATER MATTERS
Kim Norris stated that there have been some sewer issues in the last month that have required pumping services. He suggested due to the sediment issues with sludge that we may need to pump the tanks more often.
10) MIKE ASHBY- RETURN OF MONEY FOR HAMM TOWERS
Mike Ashby paid $500 for a permit back on 4/24/14 for the Hamm radio towers that he was installing. He has completed 2 out of the 3. In the event of an emergency and good this will provide to our county, Council member Bunker indicated that he feels this qualifies the refund of $172.75, for the unused portion of the permit fees.
A motion was made by Council member Grady to return the unused funds to Mr. Ashby and seconded by Council member Blotter. Council members Bunker, Blotter, Grady and Glodowski are all in favor.
10) BUSINESS LICENSE PROCESS:
Currently the water secretary is doing part of the Business License process. Council member Bunker would like some input on the direction of how it should be handled. Council member Bunker purposed a direction as well as Mrs. Schindurling. Mrs. Schindurling proposed to have the water secretary handle all aspects and Council member Bunker would like to have the Town Clerk handle the process.
A motion to approve Council member Bunker proposal was made by Council member Blotter and seconded by Council member Glodowski. All members are in favor. All renewals will go directly to Town Council from this time forward and new applications will go to the Planning Commission for Approval and then to Town Council if 8.25(A) is adopted.
9) APPROVAL OF COUNCIL MEETING JANUARY 8, 2018
Council member Grady motioned to approve the February 5, 2018 minutes, seconded by Council member Glodowski. All in favor Council members Grady, Glodowski, Bunker. Abstained by Blotter.
10) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS, ETC.
Council member Blotter moved to approve the warrants. The motion was seconded by Council member Grady and passed unanimously.
13) POSSIBLE CLOSED SESSION
Council member Grady moved to adjourn the meeting, which was seconded by Council member Glodowski. The motion passed unanimously by Council members Bunker, Blotter, Grady and Glodowski. Meeting adjourned at 8:41 PM.