Salem suspends payment to sanitation hauler

BY BROOKS TAYLOR

Mt. Pleasant News

SALEM ? A new garbage hauler could be needed in Salem sooner rather than later.

During Tuesday?s regular council meeting, much of the discussion centered on the problems facing Sedore, the city?s sanitation contract holder.

The council took a dramatic step, suspending the city?s October payment to the hauler pending further investigation of Sedore.

Sedore has been in hot water with the Iowa Department of Natural Resources (DNR) since 2014.

Numerous complaints have been filed against the firm, according to the IDNR website. Some of the complaints listed in a DNR administrative order include open burning of construction and demolition waste, open dumping of waste, failure to comply with numerous requirements of the transfer station permit and improper handling of asphalt shingles.

The DNR and Sedore entered into a consent order. However, there have been allegations that Sedore has continued to violate the consent order, and continued violations would lead to revocation of Sedore?s permits for the operation of sanitary disposal projects.

Most of the discussion by the council was whether it could terminate its contract with Sedore. Two years of service remain on the contract.

?I think we have enough information that we can terminate the contract without any issues,? Councilman Chuck Kramer said. ?I think we should terminate him tonight.?

City Attorney Pat Brau said he has reviewed the contract ?and there certainly appears to be grounds (for termination).?

?They are out of compliance with the agreement they reached with the state, but their permit has not been revoked yet,? offered Councilwoman Mary Hoyer. ?In the contract, it says all materials must be taken to the Des Moines County Landfill?We should make a decision now on whether we are keeping him or not.?

Brau suggested withholding the October payment, and Hoyer said she wants proof that he is taking the garbage to the Des Moines County Landfill or she favors termination of the contract.

City Clerk Diana Sandy said Sedore has violated another provision of the contract. In the contract, it says Sedore must provide the city a copy of its liability insurance. She said she contacted the company several months ago, asking for a copy of insurance and has not received an answer.

?I think we should suspend his check until we see what happens with the legal action and further investigation,? Kramer said, offering the statement as a motion, which was approved by the council.

Lynn Whaley, of WEMIGA Waste Systems in Mt. Pleasant, attended the meeting and asked if something should happen in the next several weeks, who in Salem would have the authority to hire a fill-in hauler. The council said that authority would rest with Mayor Dan Patterson.

Council members also discussed nuisance procedures against property owned by Dillon Haynes on the 200 block of West Van Buren Street. A collection of vehicles and parts on the property has been discussed intermittently over the past 15 months. Haynes has twice appeared before the council to discuss the matter.

During Tuesday?s meeting, the council discussed whether to proceed with nuisance abatement procedures. Although the majority of the council supported moving ahead (which was passed in a motion), some of the council said they thought it was a waste of money.

Hoyer said she talked to a state official on the matter and was told that the city should send Haynes a formal notice of abatement, giving him a certain amount of days to comply or appeal the notice to the council.

?Right now, all you can do is give him notice,? Brau said. ?It is up to him whether he appeals.?

Following some dissenting discussion by the council, Hoyer said city ordinances are in place for a reason. ?If we neglect to enforce city ordinances, we have no city ordinances. We either have city ordinances or we don?t.?

The city will move ahead with nuisance abatement procedures.

Council members approved building permits for Jeff and Chris Feehan. The couple is planning to build a 30x40-foot garage and a 30x80-foot commercial greenhouse.

A carport or lean-to and wood fence building permits for Haynes were tabled because the council said it wants more information regarding the structures.

During the public forum portion of the meeting, a Salem resident said she and other neighbors are opposed to fence around Haynes? property, fearing that it would turn into a junkyard.

Kelly Patterson, city librarian, presented the annual library report and also informed the council of Halloween activities in the community. The library will sponsor the annual Halloween parade Monday, Oct. 31, at 5 p.m., followed by hot dogs, chips and pumpkin bars at the park. Trick or treat hours will be from 5:30-7:30 p.m. Oct. 31. The council also agreed to give the library a $300 donation for the Halloween events.

In remaining business, the council:

? Set a minimum bid of $1,000 on a 1992 truck the city is attempting to sell. Bids will be taken until the next council meeting.

? Accepted the $1,281 low bid from Courtesy Door for garage door openers for the maintenance building. Southeast Garage Door also submitted a bid of $2,200.

Council members will meet again in regular session Tuesday, Nov. 1, at 5:30 p.m. in the Community Building.