March 29, 2012 Emergency Special City Council Minutes

City of Heyburn Council Emergency Meeting Minutes

March 29, 2012

6:00 P.M.


Council Present:

Rocky Baker, Cleo Gallegos, and Joanne Justesen.  Excused:  Leann Smith  


Employees Present:

Greg Richins, Steven Tuft, and Deborah Hopkins.     


Visitors Present: 

Dave Abrahamson, Lyle Santos, Jose A. Del Toro, Vanessa Del Toro, Leisel Snyder, Josh Brown, and Guy Bruhn.


Council President Joanne Justesen made a finding that the council approved that there is an emergency existing that could cause immediate financial loss requiring posting of less than 24 hours as required by Idaho Code 67-2343 (2).  The reason being the contract is ending with PSI and the City of Heyburn does not have a provider in place by April 1, 2012.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Joanne Justesen - Aye; Rocky Baker - Aye.


Executive Session for Matters of Litigation As per Idaho Code Section 67-2345 (f)

Motion by Joanne Justesen to go into executive session for Matters of Litigation as per Idaho Code Section 67-2345 (f).  Second by Cleo Gallegos.  Roll Call Vote:  Cleo Gallegos - Aye; Joanne Justesen - Aye; Rocky Baker - Aye.


Executive Session Minutes.

Council Present:

Cleo Gallegos, Rocky Baker, and Joanne Justesen.


Employees Present:

Steven Tuft, Deborah Hopkins, and Greg Richins.


Guests Present:



Meeting conducted by Mayor George A. Anderson. The topic was a matter of litigation.  This matter was discussed with the council president, council members and staff present.  Executive Session began at 6:01 PM and concluded at 6:21PM.  No decisions were made. 


The Mayor and council members and staff returned to the regular meeting.


Discuss and Possibly Approve Extension Agreement with PSI

Council members Justesen and Gallegos stated they were not interested in doing the extension of the PSI agreement.  Councilman Baker stated if the motion was made to approve the extension agreement with PSI he would vote no.  There being no motion made on this item, Mayor Anderson proceeded with the next item on the agenda. 


Discuss and Possibly Approve Waste Hauling Contract with PSI

City Attorney Steven Tuft stated at the March 14, 2012 council meeting, there was a contract approved by the city council.  This contract was sent to PSI who reviewed the contract and had some changes they wanted to make to rates for the charges for commercial containers.  Those suggested rates were not received until late on March 28, 2012.  He stated those changes needed to be approved and are included in the draft form of the contract now before the council members.  He also stated there was one other addition to the contract, that being Paragraph 21 which addresses what would happen should the contract ever be found invalid. 


Councilman Baker stated he would like to go on record by saying “It smells just as bad today as it did yesterday.” 


Motion by Joanne Justesen to approve the waste hauling contract with PSI with the inclusion of Paragraph 21 and the amended rate schedule for the commercial containers.  Second by Cleo Gallegos.  Vote:  Cleo Gallegos - Aye; Joanne Justesen - Aye; Rocky Baker - Nay.


The council meeting ended at 6:28 PM. 


George A. Anderson                                       Deborah F. Hopkins   

Mayor                                                              City Clerk