MINUTES OF THE HELPER CITY COUNCIL MEETING
Thursday, March 18, 2004
6:00 p.m.
Council Chambers
Helper Auditorium
19 South Main
Helper, Utah 84526
ATTENDANCE City Staff
Mayor Joseph S. Bonacci
City Recorder Jona Skerl Council Members: City Attorney Gene Strate
Kirk Mascaro Chief George Zamantakis
Robert Farrell Water Master Gary Harwood
Tony Gonzales
Robert Welch
Chuck Buchanan
Citizen: Ron Mutz, Ron & Bridgette Dalton, Greg Payne, James Callor, Larry and Erna Ganser, Orlando Ochoa, Scott Grundy, Lois Olsen, Merlene Kirkwood, Tom Boyack, Sundra and Catherine Llewelyn, Jennifer and Kyle Elder, Terri Rummel, Grant Howell, Doug Rasmussen, Grant Howell, Gerald Mills, Charlie Hamilton.
The regular meeting of the Helper City Council was called to order by Mayor Bonacci at 6:00 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Bonacci.
PUBLIC COMMENTS: Ron Mutz addressed the council on to many police officers and what they were doing with their time. Mr. Mutz claimed that he has seen them in Price. Chief Zamantakis explained that officers must go to Price for court and to delver prisoners to the jail. Mr. Mutz also felt that the water department had too many employees and that one of them could be part time.
APPROVAL OF MINUTES
– February 19, 2004
Council Member Buchanan moved to approve the minutes of February
19, 2004. Council Member Mascaro seconded the motion. Motion carried. Unanimous
decision by council present.
PRESENTATION OF DRUG
DOG.
The drug dog was not at the meeting.
DOUG RASMUSSEN,
SMUIN, RICH AND MARSING ON FINANCIAL STATEMENT.
Mr. Rasmussen explained the financial statement and auditor letter to the council. Mr. Rasmussen informed the council that there was a shortage in the enterprise funds. Over all our budgets have been improving every year.
MARK STUCKENSCHNEIDER
ON HISTORICAL PRESERVATION.
Mr. Stuckenschneider was not present.
STEVE GIACOLETTO ON
BRYNER PLOTZ DITCH.
Mr. Giacoletto was not present.
DISCUSSION ON ZONE
CHANGE ON STRIP OF LAND AT THE END OF BRYNER STREET.
Tom Boyack, who has asked for the zone change, addressed the councils concerns on the road that goes through the property. Mr. Boyack said he had no problem with the City road on his property. Mr. Boyack also asked if there was an ordinance in place that changed the property from Industrial zone to residential zone, he can not find when this was rezoned. The council told Mr. Boyack that they would look into finding an ordinance that may show the change.
CHARLIE HAMILTON ON
CEMETERY HEADSTONES.
Mr. Hamilton told the council that Ordinance 96-6 states that headstones can only be 6 inches in height. Mr. Hamilton has found 15 headstones that are 10 inches in height. Sexton Orlando Ochoa stated that he had given permission for those stones, because it cost too much to have them cut the standard slab was 9 to 10 inches. Council Member Farrell said that a new ordinance is in the works to allow the 10 inches in height. Mr. Hamilton was satisfied with the new ordinance. Mayor Bonacci stated that no variance should be given to ordinance, they should be amended so everyone knows what is required.
JENNIFER & KYLE
ELDER ON SEWER BACKUP.
Mrs. Elder wanted the council to know about her ordeal on December 20, 2003.
Mrs. Elder explained that her sewer had backed up through out her basement on that date. Mrs. Elder handed out a diagram showing the damage done to her basement. She had no idea on what to do so she called her home owners insurance they told her to go and get it cleaned up. The Roto Rooter man had told her the plug was in the City line. On Monday, December 22, 2003 Helper City Water Department was notified (not by Mrs Elder) and Gary Harwood checked the line at this time and unplugged it. The plug consisted of paper towels and hair clips this is not covered by any insurance. Mrs. Elder now has $14,000 damaged and her insurance will only pay $5,000 and the Cities insurance denied her claim. Mrs. Elder stated that she just wanted to share her experience with the council and the public to inform them on how you can get between insurance companies. Council Member Welch assured her that the line was not broken and the insurance would not cover what someone had put in the sewer. Mrs. Elder has asked for an independent auditor to investigate the backup. Mrs. Elder asked the council to help the residents get information about back flow devices, insurance companies and have emergency numbers on the cites answering machine.
LARRY GANSER ON SEWER
PROBLEMS, WATER IN HELPER, PARKS AND SELLING OF FIRE TRUCK.
Mr. Ganser present council with a written petition, signed by several home owners, that they have smelled or have had sewer backup. Mr. Ganser stated the homeowners want to have something done about the sewer problems. Mr. Ganser had asked Naz Giordano who worked for the city in the 1900’s, said the line is not big enough for the number of homes using the line. Gary Harwood has no knowledge of any one having odor problems. Mayor Bonacci asked if Mr. Giordano had any expertise in this matter. Mr. Ganser stated that he just work at the city. Council Member Welch asked if Mr. Ganser had a letter from Ken Orton, from the Water Rural Association. Mr. Ganser did not want to talk about that he said the man was in his home about five minutes and smelled his walls and said it was a venting problem. Mr. Harwood has checked the levels of hydrogen sulfide fumes and there was none detected. Council Member Welch told Mr. Ganser that with the cities budget problems it will not allow the line to be replaced at this time. Council Member Farrell asked if there are grants available to repair the line. Mayor Bonacci explained that the last meeting for a grant that we attended the engineer recommended that Helper not receive the money. Our rates are not high enough we need to try to stand on our own. Mr. Ganser then asked why the city baseball park was locked. Council Member Farrell explained that we have had a lot of vandalism. Mr. Ganser was told that he could go to the city hall and pick up a key to use the park. Mr. Ganser asked why we reimbursed the buyer of the fire truck. Mayor Bonacci explained that we compensated the buyer for repairs that occurred on his way home. When we advertised the truck the advertisement stated that the truck was in good condition. Mayor Bonacci authorized the payment of $3,300 dollars to cover the cost of repairs which the buyer had submitted to the city.
DISCUSSION AND/OR
APPROVAL ON ORDINANCE 2004-3 ON DRUG DOG POLICY.
Council Member Buchanan moved to adopt Ordinance 2004-3 pertaining to the use of a drug dog. Council Member Welch seconded the motion. The Council roll call vote is as follows: Council Members Buchanan, Farrell, Gonazles, Welch, Mascaro in favor with no one in opposition Ordinance 2004-3 passed by a unanimous roll call vote.
DISCUSSION AND/OR
APPROVAL ON ORDINANCE 2004-4 AMENDING POLICE POLICIES MANUAL.
Chief Zamantakis explained to the council that this ordinance would allow the police department to run the back ground checks for individuals on themselves only if they have proper I.D. Currently a person must do this through the state and they will be charged $10. Chief Zamantakis would like to keep this revenue for our police department.
Council Member Farrell moved to adopt Ordinance 2004-4 amending the police policies to allow background checks. Council Member Mascaro seconded the motion. The Council roll call vote is as follows: Council Members Farrell, Gonazles, Welch, Mascaro in favor Buchanan voting no Ordinance 2004-4 passed.
DISCUSSION AND/OR
APPROVAL ON ORDINANCE 2004-5 AMENDING THE PROVISIONS TO CERTAIN RADIO FREQUENCY
RECEIVING DEVICES.
Chief Zamantakis explained to the council that this ordinance would not allow criminals of violent crimes or drug related crimes to own a scanner. This will not affect anyone that has not committed any crimes. Chief Zamantakis stated that this is for officer safety.
Council Member Welch moved to adopt Ordinance 2004-5 amending the provisions to certain radio frequency receiving devices. Council Member Gonzales seconded the motion. The Council roll call vote is as follows: Council Members Gonzales, Welch in favor Buchanan, Farrell and Mascaro voting no Ordinance 2004-5 did not pass.
DISCUSSION AND/OR
APPROVAL ON ORDINANCE 2004-6 REGULATING SEXUALLY-ORIENTED BUSINESSES WITHIN
HELPER.
Council Member Farrell moved to adopt Ordinance 2004-6 regulating sexually-oriented businesses. Council Member Mascaro seconded the motion. The Council roll call vote is as follows: Council Members Buchanan, Farrell, Gonzales, Welch, Mascaro in favor with no one in opposition Ordinance 2004-6 passed by a unanimous roll call vote.
DISCUSSION AND/OR
APPROVAL ON RAISE FOR COURT CLERK OF .25.
Council Member Buchanan moved to approve the raise for
court clerk of .25 per hour. Council Member Mascaro seconded the motion. Motion
carried. Buchanan, Mascaro and Gonzales voting yes, Farrell voting no and Welch
abstaining motion passed.
DISCUSSION AND/OR APPROVAL
ON PURCHASING A BULLET PROOF VEST FOR OFFICER WOOD IN THE AMOUNT OF $289.50.
Council Member Buchanan moved to approve the purchase of
the bullet proof vest in the amount of $289.50. Council Member Welch seconded
the motion. Motion carried. Unanimous decision by council present.
DISCUSSION AND/OR
APPROVAL ON RESOLUTION 2004-2 FUNDING FROM C.I.B.
Council Member Buchanan moved to approve Resolution
2004-2 a resolution to apply to the C.I.B. for a grant. Council Member Mascaro
seconded the motion. The Council roll call vote is as follows: Council Members
Buchanan, Farrell, Gonzales, Welch, Mascaro
in favor with no one in opposition Resolution 2004-2 passed by a
unanimous roll call vote.
PLANNING AND ZONING
ISSUES.
Nothing to report.
ADJOURNMENT:
There being no further business Council Member Mascaro moved to adjourn the meeting. Council Member Farrell seconded the motion. Motion carried. Unanimous decision by council present to adjourn the meeting.
I here by certify that the foregoing represents a true, accurate and complete record of the Helper City Council meeting held on Thursday, March 18, 2004.
________________________________ ___________________________
Joseph S. Bonacci Jona M. Skerl
Mayor City Recorder
Approved on April 15, 2004