MINUTES OF THE HELPER CITY COUNCIL SPECIAL MEETING
Thursday, September 17, 2007
7:30 p.m.
Helper Auditorium
Council Chambers
19 South Main
Helper, Utah 84526
ATTENDANCE: City Staff
Mayor Mike R. Dalpiaz
Council Members: City Recorder Jona Skerl
Kirk Mascaro Attorney Gene Strate
Robert Farrell Chief of Police George Zamantakis
Chuck Buchanan Public Works Orlando Ochoa
John Jones
Dean Armstrong
Citizens: Julie Ori, Frankie Hathaway, Frances Smith, Joe Bonacci.
The special meeting of the Helper City Council was called to order by Mayor Mike Dalpiaz at 7:30 p.m.
DISCUSSION AND/OR
APPROVAL ON PRICE RIVER WATER IMPROVEMENT INTER LOCAL AGREEMENT FOR EMERGENCY
WATER.
Council Member Jones told that council that the rate is Wellington cities rate on emergency water at $2.55 per thousand gallons, which is lower than the $3.25 that was proposed before. Price River Water Improvement also wants Helper to give them a share of water for every acre foot of water used. Mayor Dalpiaz pointed out that we do have the well up and running and may never have to use the water, but is good to have
in place .
Council Member Mascaro moved to have the Mayor sign the
agreement between PRWID and Helper City for emergency water . Council Member Armstrong seconded the
motion. Buchanan, Farrell, Mascaro,
Armstrong and Jones all voting yes.
DISCUSSION AND/OR
APPROVAL ON HIRING SHELIA PEREZ FOR STREET DEPARTMENT/PUBLIC WORKS.
Council Member Jones moved to approve the hiring of
Shelia Perez for Public Works at $10.00 and after six months probation will
receive a raise of $1.00 per hour. Council Member Farrell seconded the
motion. Buchanan, Farrell, Mascaro,
Armstrong and Jones all voting yes.
POSSIBLE EXECUTIVE
SESSION DISCUSSION AND/OR APPROVAL ON WASTE DISPOSAL.
Council Member Armstrong asked if any litigation has been formally filed. Attorney Strate stated that Waste Connections (City Sanitation) has invoked the termination clause of ninety days and claims that we are still in breach of contract. Waste Connections will begin pulling garbage cans on September 24th. There has been no court documents filed at this time. Council Member Jones felt that we are on the edge of a lawsuit because if City Sanitation pulls cans they will be in breach of the contract. Council Member Buchanan stated that there is no agreement with ECDC and Helper City, it is with the county and ECDC. Council Member Buchanan felt that Carbon County is responsible for the tipping fee. Council Member Armstrong stated there is no service providers in the area and to get our own trucks would be a large expense. What are we going to do if we do not agree with the terms? Frankie Hathaway was asking how much it will cost the residents if the city buys their own truck. Ms. Hathaway asked why none of the council attended the public hearing at the county on the tipping fee issue. Julie Ori told the council that $2.00 would not break us why not just pay the fee. Council Member Buchanan felt that Carbon County has to supply a place to dump the garbage. They have made this deal with a private company and they should be paying for it out of the property tax. Mayor Dalpiaz explained to the residents present how the tipping fee came about and what the city’s position is. We have a contract and when you start amending contracts you open it up for more amendments stated the Mayor. Frances Smith asked if the residents of Helper knew that their cans would be picked up on September 24, the paper said September 30th. Mayor Dalpiaz explained that the Attorney’s are trying to work the issues out, and hopeful that will not happen and if it does City Sanitation will be in breach of contract. Mayor Dalpiaz assured everyone that the garbage would be pickup by city crews if necessary. Council Member Farrell explained that a contract is in place to protect both sides. Council Member Jones told the council and residents that Council Member Farrell and he had talked to the county commission about this issue. Mayor Dalpiaz explained that Helper was not involved in the contract therefore, negotiations on the tipping fee was just between the County and ECDC. Wade Williams explained to the residents that there was no tipping fee in the contract for Helper City and because of a forty year contract that Carbon County broke the fee came into place. Frankie Hathaway asked if this was affecting Price, Wellington and East Carbon. Mayor Dalpiaz stated that all cities and incorporated areas were affected by this except East Carbon who can dump for free.
Council Member Buchanan moved to executive session. Council Member Mascaro seconded the motion.
Buchanan, Farrell, Mascaro, Jones and Armstrong voting yes.
Council Member Farrell moved to pay the tipping fee under
protest and if they do not except that then proceed with a temporary
restraining order not to take the cans and whatever legal action is needed to
protect us. Council Member Jones
seconded the motion. Buchanan, Farrell, Jones and Armstrong voting yes. Mascaro
was not present for this vote.
ADJOURNMENT:
There being no further business Council Member Buchanan moved to adjourn. Council Member Jones seconded the motion. Motion carried. Unanimous decision by the 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, September 17, 2007.
________________________________ ___________________________
Mike R. Dalpiaz Jona M. Skerl
Mayor City Recorder
Approved on October 4, 2007