Minutes
(Minutes subject to council approval)
CITY OF NEZPERCE, IDAHO
REGULAR MEETING
July 8, 2024
MINUTES OF THE REGULAR MEETING OF THE NEZPERCE CITY COUNCIL OF THE CITY OF NEZPERCE, IDAHO, HELD ON July 8, 2024.
PLACE: Nezperce City Hall, 606 Maple Street. Time: 7:00 AM
THE MEETING WAS CALLED TO ORDER BY Mayor Tyler Nelson at AM
PRESENT were Councilmembers Tyler Nelson, Mike Jensen, James Zenner, Kelby Heartburg, and Kimberly Ingram, Maintenance Department Craig Cardwell, and Ben Mauer, Clerk/Treasurer Rhonda Schmidt, and Deputy Clerk Leigh Ross via Zoom. Guests attending were Amy Uptmor, Sheriff Jason Davis, and City Attorney McKenzie Lewis
PUBLIC COMMENT:
MINUTES of the previous meetings of 6/11/2024 were approved as emailed upon a motion by Cm. Jensen was seconded by Cm. Ingram, motion carried.
TREASURER’S REPORT AND MONTHLY BILLS:
The Clerk’s Monthly Treasurer’s Report dated July 8, 2024, was examined, and approved, showing the following:
Funds on Hand $255,461.76
All bills and payroll disbursements were examined and approved for payment upon a motion by Cm. Zenner and seconded by Cm. Ingram in the total $797,755.19 which includes grant disbursements of $694, 215.76 check numbers 17617 through 17671. Receipts since the last meeting were shown as $232,290.10. Checks and stub approvals were signed appropriately by all parties as well as all signed the Claim Approval Report for July.
BUSINESS TO BE CONDUCTED
- Sheriff’s Annual Contract: Sheriff Jason Davis: Sheriff gave his annual report: the department has purchased new firearms and optics, upgraded for digital storage, upgraded car computer, with Swet and e-impact capabilities, added Vape/Tobacco K9 that will be used at Nezperce High school, added office of drug policy, party patrol, and compliance checks, added Office of Highway Safety for seatbelt, distracted driving, DUI and aggressive driving, training for current staff has doubled, added dedicated ICAC deputy, and employee retention 100% for the year. They responded to 57 calls for service and 415 log ins for patrolling Nezperce. The sheriff’s proposed contract for 2024-2025 is for $48.522.60 less $11,564.80 for city rent with the contract amount being $35,535.00, which is an increase of $1,421.40 or 4% for the year. The contract was approved as presented upon motion by Cm. Zenner and seconded by Cm. Heartburg, motion carried.
- Audit 2023 Report and Acceptance – Jordan Zwygart: Jordan presented the audit to the Council stating that there were no issues to report, and everything complies. Cm. Zenner moved to approve the 2023 audit, motion was seconded by Cm. Jensen, motion carried.
- 2024 Audit Engagement Letter: Clerk Schmidt presented the 2024 Audit Engagement letter for Jordan Zwygart in the amount of $12,850.00. Upon motion of Cm. Heartburg to approve acceptance of engagement letter seconded by Cm. Ingram, motion carried.
- Luman Tort Claim Recommendation – McKenzie Lewis, City Attorney: Attorney Lewis gave recommendations on how to proceed with the demand for payment. Per Idaho’s excavation statute, there is an explicit timeframe that locates are valid unless the parties have modified the statutory timeframe in writing. If the line had been hit during the 4-week timeframe, CenturyLink would be liable and need to seek a claim against their subcontractor. However, the way the statute is written and has been interpreted, if the locate request is outside the four (4) week period it is expired and no longer valid. Attorney Lewis’s recommendation is to satisfy the demand request for payment of $1,650.76. Idaho code does not provide legal support for the City’s position and there is no case law supporting the City’s position. In addition, attorney fees to challenge this demand request would surely exceed the existing payment amount requested. Upon motion of Cm. Ingram, and duly seconded, motion carried to pay the claim.
- Resolution R2024-08 Title VI Policy: Clerk Schmidt presented the Title VI policy to the Council upon motion of Cm Jensen and seconded by Cm. Ingram motion carried to accept Title VI Policy and Resolution R2024-08 motion carried.
- WW Land Ap Project – JUB engineer Amy Uptmor reported to the Council the reason for the project observer and what his responsibilities are and how importance it is to have eyes on the ground. She has spoken with Steve Bateman regarding spraying chemicals on the field to prevent exposure for the Crea Construction crew. She also reported she is aware of the meeting the Council had with JUB regarding the relationship between JUB and the City. It was her understanding that there had been communication issues, and that the City has lost faith in her and her ability to lead the project so she would be stepping down as the Project Engineer adding that area manager David Watkins would be assigning the city someone.
- Legion Hall Property Purchase Update: Clerk Schmidt reported to the Council that due to a lender issue the purchase of the 50 feet of property from the neighboring property might not occur. The title company is looking into whether this sale could go forward or not. If the purchase of the property is not feasible the Council will need to look at how they would like to expand the building on the property we do own.
- Sewerline Extensions Update: Maintenance Supervisor reported that the Willow Street extension is underway. It was discovered that residents Winner and Altman services come out at 6th. The extension at 8th had to divert over a water line so there may be added expense to that extension. The 4th and Fir extension was also completed with a little extra cost as well.
- Budget Review for FY2024-2025: Clerk Schmidt talked about the current budget as we are exceeding the budget in water and streets. There was a hiccup on the county L2 so the county is not collecting on the EMS bond. After noticing the issue Schmidt figured out what happened and that issue will be corrected for the next year. Schmidt is recommending a base rate increase in the water department from $16.75 to $20.00 an increase of $3.25. The current rate does not cover the department’s needs, she provided examples of what a 5%, 10% and 15% increase in rates would look like. Schmidt has started working on the FYE 2025 budget and will have it ready for council review soon.
DEPARTMENTAL REPORTS
Maintenance:
Water: Maintenance Cardwell reported that they fixed Jim Zenner’s water leak. Everything else is good in that department.
Sewer: Extensions are completed so will be moving on to the new building at the lagoons.
Parks: Four pads were poured for benches gearing up for Prairie Day. Craig added that if anyone is out late and sees the sprinkler on after dark to please turn it off.
Reservoirs: Crea Constructions continues to move material followed by compaction testing.
- Clerk:
Clerk Schmidt had nothing further to report.
- Fire Department: Fire Chef Kuther was not present to present any new information.
- Code Enforcement: Schmidt reported for Bateman: He is working with the residents who have received a letter to move/clean up and mow their yards. Except for M. Lyons who is avoiding him. Cm. Ingram asked that we send a letter to Craig Barnett regarding his overgrown grass.
COUNCIL COMMENT/OTHER
Cm. Zenner asked about having the lines repainted at the tennis court, as several community members have asked him about setting up a pickleball court or if the tennis court could be updated with lines for that purpose.
Clerk Schmidt told the Council that two team members have anniversary dates this month and asked about giving them raises. The council wanted to know if there was an amount in mind, Clerk Schmidt asked for a dollar ($1.00) for each of them. The council agreed after evaluations were done they would consider it.
ADJOURNMENT: Mayor Nelson adjourned the meeting at 8:37 AM following a motion by Cm. Zenner and seconded by Cm. Jensen, motion carried.
Other/Upcoming Events:
Upcoming Council Meetings: Aug. 12 and Sept. 9th at 7AM
Prairie Day July 12th & 13th
Budget Hearing August 12th
ICCTFOA Conference – September 17-19
Lewis County Fair – September 26-29
The next regularly scheduled city council meeting will be on Monday, Aug. 12th at 7 a.m. at City Hall.
Tyler R. Nelson, Mayor Rhonda J. Schmidt, Clerk- Treasurer