HomeMy WebLinkAboutCouncil Minutes - October 4, 2023
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Rexburg, ID 83440
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City Council Minutes – October 4, 2023
Mayor Jerry Merrill
Council Members:
Robert Chambers Jordan Busby
Mikel Walker Tisha Flora
Colin Erickson Bryanna Johnson
City Staff:
Stephen Zollinger – City Attorney
Matt Nielson – Finance Officer
Keith Davidson – Public Works Director
Alan Parkinson – Planning & Zoning Administrator
Scott Johnson – Economic Development Director
Deborah Lovejoy – City Clerk
6:30 P.M. City Hall (0:01:50)
Council Member Walker said the prayer.
Council Member Flora led the pledge.
Roll Call of Council Members:
Attending: Council Member Flora, Council Member Johnson, Council Member Erickson, Council
Member Walker, and Mayor Merrill
Council President Busby and Council Member Chambers did not attend the meeting.
Public Comment: Limit 3 minutes; issues may be considered for discussion on a future
agenda. Please keep comments on point and respectful.
Peggy Edwards brought forth the following matter, she received a letter from Rocky Mountain Power
stating they would be terminating her service. This is a culmination of two years of having issues with
Rocky Mountain Power. She has a severely autistic wheelchair bound child who sleeps about eight feet
from the electric meter. Rocky Mountain Power has been rolling out a smart meter upgrade for the last
two years, they will be finished installing the new meters in March. She notified Rocky Mountain Power
of her desire to not consent and optout of having the new smart meter installed; however, she was
informed that opting out was not an option. There are other families in Madison, Jefferson, Bonneville,
and Fremont counties that have medically fragile electro sensitive family members. Their concern
regarding the ramification of wireless radiation on their family members. She is going through the
Idaho Utility Commission formal complaint process to protect her daughter. Her formal complaint has
been officially denied. As of Friday, she is appealing to the Supreme Court of Idaho. She said her power
and the power of the other families was to be terminated on Monday.
Mrs. Edwards added Rocky Mountain Power representatives are not being honest, they are being
coercive and treating citizens unfairly. The families are being bullied to make a decision that is wrong
based on a monopoly. These families do not have another way to obtain power because going off the
grid is not an option because of the expense.
Mrs. Edwards expressed her desire to serve on the city’s ADA Advisory Committee. She said she
believes the ADA Committee will give validity to ADA community members. There are real concerns
with industries being ADA compliant.
Mayor Merrill showed the December of 1915 special addition of the Standard Journal Newspaper. He
encouraged everyone to pick up a copy of the special addition newspaper.
Staff Reports: (0:09:20)
A. Finance: – Matt Nielson
Finance Officer Nielson said he did not have anything to report.
B. Public Works: - Keith Davidson
1. Fall Clean-up date scheduled on October 23rd to November 6th, 2023.
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Mayor Merrill explained Public Works Director Davidson would not be giving a report tonight
because of an injury he sustained during a softball game.
Mayor Merrill recommended the proposed Fall Clean-up scheduled date of October 23rd through
November 6th, 2023. Council Member Erickson asked for the Fall Clean-up dates to be advertised
through the city’s information avenues so that all the residents are made aware of the clean-up dates.
Council Member Erickson moved to approve the Fall Clean-up schedule date of October
23rd through November 6th, 2023; Council Member Johnson seconded the motion; Mayor
Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Erickson
Council Member Walker
The motion carried.
Mayor’s Business: (0:12:06)
Mayor Merrill reported there has been a lot of progress with the construction work of Local
Improvement District 52. The new pavement has been laid and they have started working on the
landscaping. He noticed some areas where the height of the curb is lower than the existing landscaping
causing a steep slope down to the curb. Mayor Merrill mentioned the Cultural Arts events coming up
such as Oktuberfest on Saturday, October 14 from 4-8 pm at the Tabernacle, Speedy Spud 5k and the
Mashed Potato Mile.
Council Member Flora moved to Amend the Agenda as per Idaho State Statute §74-
204(4)(c): Amendment to go into executive session; Council Member Flora seconded the
motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Erickson
Council Member Walker
The motion carried.
Items for Consideration: (0:16:30)
A. Recommendation to approve creation and adoption of the City of Rexburg’s Americans with
Disabilities Act (ADA) Advisory Board and Bylaws. Designated as Resolution No 2023
– 13 if motion passes – Deborah Lovejoy
City Clerk Lovejoy presented the creation and adoption of the City of Rexburg’s Americans with
Disabilities Act (ADA) Advisory Board and Bylaws. The purpose of this advisory board is to generate
input from our disabled community members to advice the city on how to improve accessibility. She
mentioned Becky Harrington has been an advocate and supporter of ADA Advisory Board. Ms.
Harrington has previously served on an ADA Advisory Board in Juno, Alaska.
City Clerk Lovejoy reviewed Resolution No. 2023 – 13.
Resolution No. 2023 – 13
Americans with Disabilities Act (ADA) Advisory Board Bylaws
WHEREAS, citizen advisory boards are an important community resource for the
Council; and
WHEREAS, “Advisory Board” is a general term and includes those boards,
Commissions, and committees that only have the authority to advise or make recommendations t o the
City Council, but that do not have the authority to establish policies o r make decisions for the City
Council; and
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WHEREAS, the City of Rexburg’s Americans with Disabilities Act (ADA) Advisory Board shall
be hereinafter known as the “ADA Advisory Board”; and
WHEREAS, it is necessary for the orderly conduct of board business that policies and rules of
procedure are adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF REXBURG, IDAHO:
SECTION 1. Bylaw Articles. The following articles are adopted for the City of Rexburg
ADA Advisory Board:
ARTICLE I
NAME
City of Rexburg AMERICANS WITH DISABILITIES ACT (ADA) Advisory Board, hereinafter referred to as
the “ADA Advisory Board”.
ARTICLE II
MISSION STATEMENT
To provide accurate and meaningful information to the City of Rexburg regarding the needs of persons
with disabilities as they seek to enjoy equal opportunity to access public property and participate in
public meetings, programs, and events.
ARTICLE III
COMMITTEE MEMBERS
1-The ADA Advisory Board shall consist of no fewer than 6 members, all of whom are voting members
and have expertise in the areas of disability to better advise for increased accessibility. Members are
appointed to the ADA Advisory Board by the Mayor, after a list of potential committee members is
provided to him by current committee members.
2- The ADA Advisory Board shall also include the City’s ADA Coordinator and the Rexburg City Council
Member assigned as liaison to this Committee. Each of these representatives are non-voting members
but will give vital input to committee members.
3- Committee members are encouraged to attend a majority of meetings. Any member having more
than 2 unexcused absences per year may be excused from serving on the ADA Advisory Board.
4- Committee members must reside in the City of Rexburg or Impact Area of the city.
5- All new applications are kept on file with the Rexburg City Clerk’s office for one year. In the event a
vacancy occurs in the interim, the applicants will be contacted by the City Clerk’s office to determine if
the applicant would like his or her application submitted for the vacant seat. Applications, except those
of appointed board members, are purged after the one-year period has expired and applicants will need
to reapply for future vacancies.
6- Committee members are appointed to serve a three-year term and are eligible for re-appointment for
one additional three-year term by the Mayor of the City of Rexburg. Factors considered in re-
appointing incumbents are the enthusiasm of the individual, need for continuity, and the attendance
record of the individual. Appointments and reappointments are based on merit, and incumbent
members are not automatically reappointed.
Article IV
OFFICERS
1- A Chairman shall be elected from the current committee membership and will serve a minimum of 1
year and no more than two years as chairman. When a new chairman is elected, a new vice-chairman
will also be elected from committee membership.
2- A Vice-Chairman shall be elected from the current committee membership and will chair the
committee in the absence of the Chairman. In the event of resignation or incapacity of the Chairman,
the Vice-Chairman will serve as Chairman until the election of a new Chairman. This process will occur
within a reasonable period of time, preferably at the next ADA Advisory Board meeting when a quorum
of members is available.
3- A Secretary to the ADA Advisory Board will be assigned by the Mayor.
Article V
DUTIES OF THE OFFICERS
1-The Chairman shall have executive supervision over the activities of the Committee within the scope
provided by these bylaws. The Chairman shall preside at all meetings and will prepare an agenda for
each meeting. The agenda will be e-mailed to members of the committee prior to the appointed
meeting. The Chairman, with the agreement of committ ee members, will submit names of potential
committee members to the Mayor for approval.
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2- The Vice-Chairman shall assume the duties of the Chairman in the event of incapacity or resignation
of the chairman.
3- The Secretary shall keep the minutes of committee meetings and maintain a list of members and
their attendance. The Secretary will also see that all committee members receive a copy of the prior
meeting’s minutes, so that they may be approved at regular meetings of the ADA Advisory Board.
Article VI
SCHEDULE AND QUORUM FOR MEETINGS
1-Meetings of the ADA Advisory Board will be held quarterly on the second Wednesday of January,
April, July, and October at 5:15 p.m. in City Council Chambers, unless otherwise notified in advance.
2- Special Meetings of the ADA Advisory Board may be called anytime at the request of the Mayo r or the
Chairman of the ADA Advisory Board.
3- A quorum of the ADA Advisory Board shall consist of one half of the regular committee members,
plus one (1). A quorum is necessary for approval of the minutes, changing of the bylaws, approval of
recommendations within the authority of the ADA Advisory Board, and/or Committee
recommendations to be made to the Rexburg City Council.
Article VII
AUTHORITY
The ADA Advisory Board has authority only to implement recommendations and/or projects approved
by the Committee as specifically defined in this subsection.
For major changes and/or accessibility projects, the ADA Advisory Board serves in an advisory capacity,
and will communicate its recommendations to the City Council Liaison, who will present such
recommendations to the Rexburg City Council for implementation, modification, or rejection.
The ADA Advisory Board may appoint sub-committees for the purpose of research on various
accessibility issues, the results of which will be communicated back to the ADA Advisory Board for
action as it deems necessary.
The ADA Advisory Board will listen to, and consider issues presented by any individual, group of
individuals, businesses and/or institutions, for consideration regarding any accessibility issue raised by
the community.
The ADA Advisory Board Bylaws are approved by the Rexburg City Council. Further modification to the
Bylaws is recommended by the ADA Advisory Board and approved by the Rexburg City Council.
Committee Bylaws will be reviewed on a regular basis and changes made as necessary.
Article VIII
PARLIAMENTARY AUTHORITY
The rules established by the Rexburg City Council shall govern the proceedings of the ADA Advisory
Board Meetings, except in such cases as are governed by the bylaws.
SECTION 3. EFFECTIVE DATE. This resolution shall be effective immediately upon adoption.
Adopted this ___ day of October 2023.
_____________________________
Jerry Merrill, Mayor
Attest:
_______________________________
Deborah Lovejoy, City Clerk
Council Member Flora moved to approve Resolution No. 2023 – 13 the creation and
adoption of the City of Rexburg’s Americans with Disabilities Act (ADA) Advisory Board and
Bylaws; Council Member Walker seconded the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Erickson
Council Member Walker
The motion carried.
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Calendared Bills:
A. Second Reading: Those items which have been first read: NONE
B. Third Reading: Those items which have been second read: NONE
Consent Calendar: The consent calendar includes items, which require formal City Council
action, however, they are typically routine or not of great controversy. Individual Council
members may ask that any specific item be removed from the consent calendar for discussion
in greater detail. Explanatory information is included in the City Council’s agenda packet
regarding these items. (0:20:48)
A. Minutes from September 20, 2023 City Council Meeting
B. Approve the City of Rexburg Bills
Council Member Johnson moved to approve the Consent Calendar containing the minutes
and city bills; Council Member Flora abstained from voting to approve the City Council
Meeting Minutes because she did not attend the meeting. Council Member Erickson seconded
the motion; Mayor Merrill asked for a vote:
Those voting aye Those voting nay
Council Member Johnson none
Council Member Erickson
Council Member Walker
The motion carried.
Council Member Walker moved to go into executive session per Idaho State Statute §74-206(1)(f)
To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal
options for pending litigation, or controversies not yet being litigated but imminently likely to be
litigated; Council Member Flora seconded the motion; Mayor Merrill ask for a roll call vote:
Those voting aye Those voting nay
Council Member Flora none
Council Member Johnson
Council Member Erickson
Council Member Walker
The motion carried.
Executive Session started at 6:56 pm
Executive Session ended at 7:23 pm
Adjournment 7:26 P.M.
APPROVED:
________________________________
Jerry Merrill, Mayor
Attest:
_____________________________
Marianna Gonzalez, Deputy City Clerk