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SUMMARY OF ACTION TAKEN FCC Meeting Date: Wednesday, March 3, 2010 1. ROLL CALL. There were no absences. 2. APPROVAL OF THE AGENDA. There were no changes to the agenda. A motion to approve agenda was APPOVED by a vote of 5-0-0. 3. CONSENT AGENDA: (PLEASE NOTE: All matters listed under the consent agenda are considered routine, and may be acted upon by the Council members in one motion, and without an extensive hearing. Any member of the Council or member of the public may request that an item be taken from the consent agenda, discussed, and acted upon separately during this meeting.) 3.A. ACCEPT VOUCHERS REPORT. 3.B. APPROVAL OF MINUTES – 02/03/2010 3.C. APPROVAL OF AN EXTENSION OF TIME (EOT 10-34) FOR SUP 09-20, A SPECIAL USE PERMIT APPROVED APRIL 3, 2009 FOR 695 SAGE DRIVE (APN: 21-161-07), NEVADA CEMENT COMPANY. {End of Consent Agenda} A motion to accept consent agenda was APPROVED by a vote of 5-0-0. 4. DISCUSSION AND POSSIBLE ACTION REGARDING THE CONSIDERATION OF CHARACTER, ALLEGED MISCONDUCT, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OR TO CONSIDER AN APPEAL REGARDING THE RESULTS OF AN EXAMINATION CONDUCTED BY OR ON BEHALF OF THE PUBLIC BODY RELATIVE TO THE PERFORMANCE OF GREG EVANGELATOS, CITY MANAGER. A. POSSIBLE BREACH OF CITY MANAGER EMPLOYMENT CONTRACT RELATIVE TO RESIDENCY REQUIREMENTS; B. POSSIBLE MODIFICATION OF CITY MANAGER EMPLOYMENT CONTRACT; C. TERMS OF CONTINUED EMPLOYMENT WITH THE CITY OF FERNLEY AS THE CITY MANAGER; D. POSSIBLE MONETARY SANCTIONS FOR POTENTIAL VIOLATIONS OF THE CITY MANAGER EMPLOYMENT CONTRACT; E. DISCIPLINARY ACTION, UP TO AND INCLUDING TERMINATION. ---PAGE BREAK--- 02/03/2010 FCC Page 2 of 4 An original motion to terminate the employment of Mr. Evangelatos was delayed because an amended motion was put on the floor. An amended motion to 1) place Mr. Evangelatos on probation for a period of 6 months starting March 3, 2010, should Mr. Evangelatos be fired during that time no severance pay would be made, 2) reduce Mr. Evangelatos’ wages for the dates from January 31, 2010 to the date he obtained residency in Fernley and 3) remove the bonus clause from Mr. Evangelatos’ contract, (item 4.D. of the current employment agreement with Mr. Evangelatos) FAILED by a vote of 2-3-0, Parsons, Chase and Eilrich opposed. A motion to terminate employment of Mr. Evangelatos was APPROVED by a vote of 3-2- 0, Eilrich and Chaffin opposed. A motion to re-consider the amended motion FAILED by a vote of 3-2-0, Parsons and Chase opposed. In order to re-consider the previous amended motion, a super majority or two thirds of the vote (4 out of 5)is required. Mayor Goodman VETOED the motion to terminate the employment of Mr. Evangelatos. Mayor Goodman asked to agendize this item for re-consideration at the next Council meeting. 5. PRESENTATION TO AND APPROVAL BY THE CITY COUNCIL OF THE MAYOR’S APPOINTMENT OF THE CITY ATTORNEY EFFECTIVE MARCH 3, 2010. A motion to accept and confirm the Mayor’s appointment of Brandi Jensen as City Attorney effective March 22, 2010 was APPROVED by a vote of 5-0-0. 6. DISCUSSION AND APPROVAL OF THE CITY ATTORNEY EMPLOYMENT SERVICES AGREEMENT EFFECTIVE MARCH 3, 2010. A motion to approve the Employment services Agreement between the City of Fernley and Brandi Jensen effective March 22, 2010 and authorize the Mayor and City Clerk to execute the same was APPROVED by a vote of 5-0-0. 7. DISCUSSION AND POSSIBLE APPROVAL OF APPOINTMENT OF COMMITTEES TO PREPARE ARGUMENTS ADVOCATING AND OPPOSING APPROVAL OF BALLOT QUESTION IN REGARDS OF REPEALING OF ORDINANCE # 2008-013 AND ESTABLISHMENT OF DUTIES OF COMMITTEE MEMBERS AND REGULATIONS. A motion to approve resolution# 10-005, and authorize the Mayor and the City Clerk to execute the resolution was APPROVED by a vote of 3-1-1, Chase opposed, Eilrich abstained. 8. DISCUSSION AND SELECTION OF DATES FOR BUDGET WORKSHOPS. A motion to approve the following dates for budget workshops: March 15, 2010 at 10 am and March 17, 2010 at 1pm was APPROVED by a vote of 5-0-0. 9. UPDATE ON CANAL SITUATION AND REPAIR. ---PAGE BREAK--- 02/03/2010 FCC Page 3 of 4 No action was made on this item. It was informational only. 10. DISCUSSION AND POSSIBLE ACTION OF POSSIBLE CHANGES TO ORDINANCE Mayor Goodman asked Councilmembers to submit their suggestion for change to Ordinance #1 in writing to Staff, so the Staff can prepare a draft Ordinance for Council discussion at the future Council meeting. 11. DISCUSSION OF ROLES AND DUTIES OF COUNCIL MEMBERS AND THE MAYOR AND THE WAY THEY ARE ELECTED. No action was made on this item. It was informational only. PUBLIC HEARING: 12. DISCUSSION AND POSSIBLE ACTION ON THE ADOPTION OF BILL #150 AS AN ORDINANCE FOR THE ANNEXATION (ANX 10-26) OF 327.54 ACRES LOCATED WITHIN THE WEST ½ OF SECTION 17, TOWNSHIP 20 NORTH, RANGE 26 EAST, MDM (APN: 21-392-14) INTO THE INCORPORATED CITY LIMITS, PURSUANT TO NRS 268.670 CONTIGUOUS VOLUNTARY ANNEXATIONS; AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to adopt bill #150 as an Ordinance for the annexation of APN: 21-392-14 into the City limits was APPROVED by a vote of 5-0-0. 13. DISCUSSION AND SOLICITING OF COMMENTS ON THE INTENT TO FILE A COMMUNITY FACILITIES APPLICATION FOR FUNDING WITH THE USDA-RURAL DEVELOPMENT FOR THE PURPOSE OF FINANCING A TRAFFIC SIGNAL AT THE INTERSECTION OF FREMONT STREET AND HIGHWAY 95A (AKA HIGHWAY 343). A motion to accept this report and direct Staff to file a community facilities application with the USDA-Rural Development for the purpose of financing a traffic signal at the intersection of Fremont Street and Highway 95A was APPROVED by a vote of 5-0-0. 14. PUBLIC INPUT. Public comment is limited to five minutes per person. Items not agendized for this meeting cannot be acted upon other than to place them on future agendas. Public input is prohibited regarding comments, which are not relevant to, or within the authority of, the public body, or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering, with the rights of other speakers. No action was made on this item. It was informational only. 15. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. No action was made on this item. It was informational only. ---PAGE BREAK--- 02/03/2010 FCC Page 4 of 4 16. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Future agenda items included: Place on agenda for discussion recently placed for bid one of the waste water treatment contracts. Presentation by Million Dollar Research Team Re-agendize item #4 as in this agenda excluding point A of item 17. ADJOURNMENT. The meeting adjourned at 8:26 pm.