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Mayor, vacant FERNLEY CITY COUNCIL MEETING Kelly Malloy, Ward 1 Don Parsons, Ward 2 Monte Martin, Ward 3 Curt Chaffin, Ward 4, Mayor Pro Tem Cal Eilrich, Ward 5 AGENDA Fernley City Hall 595 Silver Lace Blvd. • Fernley, NV 89408 Phone: (775) 784-9830 • Fax: (775) 784-9839 SUMMARY OF ACTION TAKEN FCC Meeting Date: Wednesday, August 5, 2009 1. ROLL CALL. There were NO absences. 2. ADDRESS APPOINTMENT OF CITY OF FERNLEY MAYOR TO FILL VACANCY IN THAT POSITION 2.A. PRESENTATION/INTERVIEW OF CANDIDATES TO FILL THE VACANCY FOR MAYOR Four candidates were interviewed for the position of Mayor: Mr. Tommie McFarland, Mr. Norman Whyte, Mr. Tee Young, and Mr. Leroy Goodman. 2.B. APPOINTMENT OF CITY OF FERNLEY MAYOR BY CITY COUNCIL A motion to nominate Mr. Leroy Goodman as Mayor was APPROVED by a vote of 4-1-0 Malloy opposed. 2.C. ADDRESS OATH OF OFFICE FOR NEW MAYOR. Municipal Court Judge Daniel Bauer issued Mr. Leroy Goodman the Oath of Office and Mayor Goodman took his seat on the dais. 3. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. NO action was taken on this item. 4. CONSENT AGENDA: 4.A. ADDRESS PAYMENT OF VOUCHERS 4.B. ADDRESS APPROVAL OF MINUTES – 07/01/2009 4.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 4.C.1. BROWN BEAR ENGINEERING INC. – CIVIL ENGINEERING – RENO, NV. 4.C.2. COIT REBUILD SERVICES – RESIDENTIAL & SMALL COMMERCIAL CONTRACTOR 73141, B-2 – SPARKS, NV. ---PAGE BREAK--- 4.C.3. DK DRYWALL & STUCCO – LATHING & PLASTERING CONTRACTOR 47233, C-17 – SPARKS, NV. 4.C.4. DYNAMIC DRYWALL & CONSTRUCTION – RESIDENTIAL & SMALL COMMERCIAL CONTRACTOR 38317A, B-2 – SPARKS, NV. 4.C.5. GARDNERS WATER SERVICE INC. – INSTALL EQUIPMENT TO TREAT WATER CONTRACTOR 31957A, C-30 – SILVER SPRINGS, NV. 4.C.6. GUDGEL’S GIFTS & COLLECTABLES – SPECIAL EVENT VENDOR – FERNLEY, NV. 4.C.7. M.J. CUSTOM INTERIORS – CUSTOM INTERIORS – RENO, NV. 4.C.8. MB COMPANY LLC – LATHING & PLASTERING CONTRACTOR 49767A, C-17, PLUMBING CONTRACTOR 67663, C-1 & COMMERCIAL & SMALL RESIDENTIAL CONTRACTOR 57000A, A- 10 – NORTH LAS VEGAS, NV. 4.C.9. MOM & ME LTD. CO – INTERNET SALES – FALLON, NV. 4.C.10. PEAVINE CONSTRUCTION, INC. – GENERAL ENGINEERING CONTRACTOR 22554, A – SPARKS, NV. 4.C.11. RUTHERFORDS PREMIER EVENTS & CATERING – CATERING – SPARKS, NV. 4.C.12. SHYLA LEON-GUERRERO – NANNY (NO SERVICES PROVIDED AT RESIDENCE) – FERNLEY, NV. 4.C.13. SIMAS FLOOR CO., INC. – FINISHING FLOORS CONTRACTOR 4047D, C-16 & TILING CONTRACTOR 52649, C-20 – RENO, NV. 4.C.14. SUSIE’S BBQ – BBQ – CATERING – FALLON, NV. 4.C.15. WOODY’S ENTERTAINMENT INC–GAMING–FERNLEY, NV. 4.C.16. HIGH DESERT BARNS–MANUFACTURE OF HORSE PRODUCTS & SHELTERS–FALLON, NV. 4.C.17. CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC–BUILDING MATERIALS SUPPLIER, CONCRETE–FERNLEY, NV. (CHANGE OF NAME AND OWNERSHIP) 4.D. ADDRESS 2009/2010 SLURRY SEAL AND PATCH PROGRAM, INCLUDING: 4.D.1. AWARD OF CONSTRUCTION CONTRACT TO SIERRA NEVADA CONSTRUCTION, INC. 4.D.2. AWARD OF MATERIALS TESTING CONTRACT TO TERRACON 4.E. ADDRESS APPROVAL OF CHANGE ORDER #19 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF ($5,222.00) CREDIT AS A RESULT OF OWNER REQUESTED CHANGE IN SCOPE OF WORK 09-08-05 AGENDA SUMMARY FCC Page 2 of 6 ---PAGE BREAK--- 4.F. ADDRESS APPROVAL OF CHANGE ORDER #3 FOR THE WATER CONVEYANCE INFRASTRUCTURE PROJECT 4 MULL LANE / WELLS 4 AND 11 REDUCING CONTRACT RETENTION TO FIVE PERCENT AS A RESULT OF THE CONTRACTOR’S REQUEST 4.G. ADDRESS APPROVAL OF CHANGE ORDER #2 FOR THE WATER CONVEYANCE PROJECT 9 – RAW WATER TANK IN THE AMOUNT OF $21,101.35 AS A RESULT OF AN OWNER REQUESTED CHANGE IN SCOPE 4.H. ADDRESS AWARD OF BID FOR CONSTRUCTION OF AUTUMN WINDS PARKING LOT, RESTROOM PAD AND SITE IMPROVEMENTS. A motion to approve the consent agenda minus item 4A. was APPROVED by a vote of 5-0-0. After citizen inquiries on the payment vouchers, a motion to approve item 4A was APPROVED by a vote of 5-0-0. 5. ADDRESS APPROVAL OF INTERLOCAL AGREEMENT BETWEEN THE CITY OF FERNLEY AND THE WESTERN REGIONAL WATER COMMISSION, UNDER WHICH FERNLEY WILL BE REIMBURSED FOR ITS WATER DELIVERY ASSESSMENTS FOR WATER THAT HAS BEEN TEMPORARILY TRANSFERRED TO THE LOWER TRUCKEE RIVER BELOW DERBY DAM PURSUANT TO THE WATER EXCHANGE AGREEMENT BETWEEN FERNLEY AND THE PYRAMID LAKE PAIUTE TRIBE. This item was APPROVED by a vote of 5-0-0. 6. ADDRESS CHARGES BY CITY OF FERNLEY AGAINST MR. DELLIS BONE FOR VIOLATION OF LIVESTOCK AT LARGE ORDINANCE. (PER COUNCILMAN PARSONS’ REQUEST) A motion to move item 6 to a future date was APPROVED by a vote of 5-0-0. 7. ADDRESS MODIFICATION OF THE EXCLUSIVE SINGLE FAMILY DWELLING WASTE FRANCHISE AGREEMENT ENTERED INTO BY THE CITY OF FERNLEY AND TRASHPROS, INCLUDING MODIFICATIONS RELATING TO THE REDUCTION OF SENIOR DISCOUNT AGE LIMIT, RECYCLABLE MATERIAL COLLECTION, DEVELOPING OF TRANSFER STATION, IMPLEMENTATION OF “MINI SERVICE”, CLEANING AND/OR REPLACEMENT FEES FOR WASTE CONTAINERS AND EXEMPTION ALLOWANCE. This item was addressed with item 12.A, but acted on separately. A motion to approve the modifications of the exclusive single family dwelling waste franchise agreement entered into by the City of Fernley and TrashPros, including modifications relating to the reduction of senior discount age limit, recyclable material collection, developing of transfer station, implementation of “mini service”, cleaning and/or replacement fees for waste containers and exemption allowance was APPROVED by a vote of 5-0-0. 09-08-05 AGENDA SUMMARY FCC Page 3 of 6 ---PAGE BREAK--- 8. ADDRESS ANIMAL KEEPING AND RIGHT TO FARM ISSUES WITHIN THE CITY OF FERNLEY (PER COUNCIL MEMBER EILRICH’S REQUEST). NO action was taken on this item. Staff was directed to perform more research and outreach with the existing agricultural operators within the City limits and bring this item back for future consideration. 9. ADDRESS REVIEW AND DISCUSSION OF POSSIBLE MODIFICATIONS TO CITY OF FERNLEY UTILITIES BILLING RELATIVE TO THE BILLING PROCESS, TIMELINES FOR THE ACCRUAL OF LATE FEES AND DISCONNECT/RECONNECT FEES, AND OTHER MATTERS PROPERLY RELATED THERETO. After much discussion regarding billing in other jurisdictions, possible changes to what is shown on the utility billing statements, and a possible modification to the reconnection fee for utility customers that are shut off the first time, a motion to direct Staff to propose bill #131 as an ordinance modifying Title 9 (Public Works), Chapter 3, Section 30, to retain the billing process currently in place including the timeline for application fees, payment of late and disconnect/reconnect fees in the process for notification of disconnection from service and change the disconnect fee to $50 with two $25 payment options for a first occurrence per customer and then $100 with payment options thereafter through a resolution for fee adjustment was APPROVED by a vote of 4- 1-0 Martin opposed. 10. PUBLIC INPUT. NO action was taken on this item. 11. REPORTS. 11.A. ADDRESS REPORTS BY CITY STAFF. 11.B. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT AND NORTH LYON COUNTY FIRE PROTECTION DISTRICT. 11.C. ADDRESS ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. 11.D. ADDRESS REPORTS BY CITY COUNCIL. 11.E. ADDRESS REPORT BY MAYOR. NO action was taken on this item. 12. PUBLIC HEARING: 09-08-05 AGENDA SUMMARY FCC Page 4 of 6 ---PAGE BREAK--- 09-08-05 AGENDA SUMMARY FCC Page 5 of 6 12.A. ADDRESS PROPOSAL OF BILL # 130 AS AN ORDINANCE MODIFYING TITLE 5 (PUBLIC HEALTH AND SAFETY), CHAPTER 1 OF THE FERNLEY MUNICIPAL CODE FOR THE RULES AND PROCEDURES TO REGULATE THE COLLECTION, TRANSPORTATION, DEPOSIT, TRANSFER, RECYCLING AND DISPOSAL OF SOLID WASTE INCLUDING MODIFICATIONS RELATING TO RESIDENTIAL EXEMPTIONS, BILLING AND INCLUSION OF A CONTAINER CLEANING FEE AND CONTAINER REPLACEMENT FEE After much discussion, a motion to propose Bill #130 as an ordinance modifying Title 5 (Public Health and Safety), Chapter 1 of the Fernley Municipal Code for the rules and procedures to regulate the collection, transportation, deposit, transfer, recycling, and disposal of solid waste including modifications relating to residential exemptions, billing and inclusion of a container cleaning fee and container replacement fee and other matters properly related thereto as shown in item 12.A of the agenda with the addition of a subparagraph D on page 14 of 18 underneath exemptions B.1., a new subparagraph D that is a provision for caregiver exemption was APPROVED by a vote of 5-0-0. 12.B. ADDRESS PROPOSAL OF BILL 132 AS AN ORDINANCE MODIFYING TITLE 6 (LAW ENFORCEMENT REGULATIONS), CHAPTER 1 (6.01.09) OF THE FERNLEY MUNICIPAL CODE BY THE ADDITION OF SUBSECTION PROVIDING FOR THE EXCLUSION OF LEGALLY PERMITTED LIVESTOCK GRAZING RIGHTS, AND OTHER MATTERS PROPERLY RELATING THERETO. A motion to continue this item until more research could be done including discussions with the local brand inspector was APPROVED by a vote of 5-0-0. 12.C. ADDRESS PROPOSAL OF BILL 133 AS AN ORDINANCE MODIFYING TITLE 6 (LAW ENFORCEMENT REGULATIONS) CHAPTER 1, OF THE FERNLEY MUNICIPAL CODE BY THE MODIFICATION OF SECTION 10 AND THE ADDITION OF SECTIONS 11 THROUGH 15 FOR THE REGULATION AND CONTROL OF DANGEROUS OR VICIOUS ANIMALS AND OTHER MATTERS PROPERLY RELATING THERETO. A motion to propose Bill #133 as an ordinance modifying Title 6 (LAW ENFORCEMENT REGULATIONS) Chapter 1, of the Fernley Municipal Code by the modification of Section 10 and the addition of Sections 11 through 15 for the regulation and control of dangerous or vicious animals was APPROVED by a vote of 5-0-0. 13. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Future agenda items included: ---PAGE BREAK--- 09-08-05 AGENDA SUMMARY FCC Page 6 of 6 Discussion and Possible Action on Procedures on the Distribution of Communications from the Mayor and City Manager Regarding the City’s Position on Any Item. 14. ADJOURNMENT. The meeting ADJOURNED at 9:45pm.