MINUTES OF THE HELPER CITY COUNCIL MEETING
Thursday, September 6, 2007
6:00 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: Wade Williams, Joshua Seal, Marilou Knudmueller Dornan.
The regular meeting of the Helper City Council was called to order by Mayor Mike Dalpiaz at 6:00 p.m.
APPROVAL OF MINUTES
August 16, 2007
Council Member Jones moved to approve the minutes August
16, 2007. Council Member Mascaro seconded the motion. Motion Carried. Buchanan,
Farrell, Mascaro and Jones all voting yes and Armstrong abstaining because, he
was not at the meeting on August 16, 2007.
DISCUSSION AND/OR
APPROVAL ON BUSINESS LICENSE FOR J & L ELITE ROOFING INC AT 460 JANET
STREET.
Mr. Seal told the council that no materials are going to be stored at the home.
Council Member Jones moved to approve the business for J
& L Elite Roofing under the condition that no materials are stored at the
home and only work vehicles (pickup no large equipment) parked at the home. Council Member Armstrong seconded the
motion. Buchanan, Farrell, Mascaro,
Armstrong and Jones all voting yes.
WADE WILLIAMS ON
TIPPING FEE FOR GARBAGE.
Mr. Williams informed the council once again that the landfill is going to be charging a tipping fee starting October 1, 2007. Mr. Williams told the council that his attorney’s feel that the contract states that Waste Connections is not responsible for the tipping fee according to line 6 in the contract. Council Member Buchanan asked Mr. Williams who would be charging the fee the County or ECDC Landfill. Mr. Williams explained that ECDC would be charging the fee because the County had let them out of the forty year contract that was charging just the County $2.50 per ton. The County used to pay the fee for the entire County now the fee will be charged to City Sanitation on every ton they bring to the landfill. Council Member Buchanan wanted to know who initiated the tipping
fee and if Mr. Williams had a copy of the resolution or ordinance that the County had signed. Council Member Armstrong told the council that he had looked into why the tipping fee has come about. The volume of garbage had dropped and put ECDC in a financial bind. Council Member Armstrong was not comfortable with the situation that the council was in with the contract dispute, whoever bids on the contract will have tipping fee. Council Member Armstrong would like the council to negotiate with City Sanitation on the tipping fee. Mr. Williams told the council that he had worked up a fee that would be about $3,100 per month. His company could not eat the fee and worst case scenario the ninety day clause would be initiated in the contract, whoever would be hauling the garbage must still pay the tipping fee. Mr. Williams contacted Emery County to see if they would take the County’s garbage and they had said no. This is not a raise for City Sanitation the cost is just a past through cost. Council Member Armstrong asked if Mr. Williams was in favor of the tipping fee and Mr. Williams said no. Mayor Dalpiaz asked Mr. Williams what he was asking of the council. Mr. Williams was asking the council to approve paying the tipping fee. Mayor Dalpiaz asked Mr. Williams if he was giving the ninety day notice. Mr. Williams stated that he would have to if the council did not approve the tipping fee. Attorney Strate informed the council that Waste Connections (City Sanitation) attorney’s felt that Helper City would be in breach of contract if the city does not pay the tipping fee and will pull the cans by September 30, 2007. Jeff Green, resident, explained to the council that ECDC had no choice but to increase the tipping fee or they would have to close the landfill. Council Member Jones felt that the city needed to accept the contract with the fees. Mr. Williams also told the council that if the volume of trash increases at ECDC then the tipping fee will go down and City Sanitation will lower our rate at that time. Mayor Dalpiaz told the council to be careful with amending contracts once you start there are several things that can be amended. Attorney Strate asked Mr. Williams if there was any middle ground that could be worked on with his Attorney and the City. Mr. Williams told the council that Helper’s contract was the cheapest in the County and he did not see lowering the amount. Council Member Jones asked if City Sanitation would be coming back next year for another increase.
Council Member Jones moved to accept the tipping fee 2.17
per can and .63 per yd. commercial container but anytime the fee goes down at
ECDC our contract will reflect that.
Council Member Armstrong seconded the motion. Buchanan, Farrell, Mascaro
all voting no. Jones and Armstrong voting yes.
CONTRACT WITH
DIVISION OF FORESTRY & STATE LAND FOR FIRE DEPARTMENT.
This item was tabled until Attorney Strate talks with the Fire Chief.
Council Member Jones moved to table this item. Council Member Buchanan seconded the motion.
Buchanan, Farrell, Mascaro, and Jones all voting yes. Council Member Armstrong
was not present for this vote.
DISCUSSION AND/OR
APPROVAL ON RESOLUTION 2007-7 RECERTIFICATION OF THE COURT.
Council Member Farrell moved to approve Resolution 2007-7
with the typographical correction. Council Member Jones seconded the motion.
Buchanan, Farrell, Mascaro, and Jones all voting yes. Council Member Armstrong
was not present for this vote.
DISCUSSION AND/OR
APPROVAL WATER ISSUES.
Council Member Jones asked the council to give permission to the Mayor to sign the contract with U. D. O. T. on the North Main Intersection Water and Sewer Line project.
Council Member Jones moved to approve have the Mayor sign
the UDOT contract. Council Member Farrell seconded the motion. Buchanan, Farrell, Mascaro,Jones and
Armstrong all voting yes.
Council Member Jones asked the council to give permission to the Mayor to sign the contract with Stanley Consultants for the North Main Intersection Water and Sewer Line project with the corrected amount of 326 feet for the sewer line.
Council Member Jones moved to approve have the Mayor sign
the Stanley Consultants contract. Council Member Mascaro seconded the
motion. Buchanan, Farrell,
Mascaro,Jones and Armstrong all voting yes.
DISCUSSION AND/OR
APPROVAL ON SWIMMING POOL PROJECT
Council Member Armstrong asked the council if he could move forward with the landscaping with curb and gutter at the swimming pool. Council Member Armstrong would like to see a board appointed to help with the pool management. Mayor Dalpiaz suggested that it be a recreation board to help with the parks and pool. Council agreed to look into a recreation board.
Council Member
Armstrong moved to pursue the landscaping with curb and gutter. Council Member
Farrell seconded the motion. Buchanan,
Farrell, Mascaro , Jones and Armstrong
all voting yes.
ADJOURNMENT:
There being no further business Council Member Buchanan moved to adjourn. Council Member Mascaro 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 6, 2007.
________________________________ ___________________________
Mike R. Dalpiaz Jona M. Skerl
Mayor City Recorder
Approved on October 4, 2007