Full Text
LeRoy Goodman, Mayor 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, September 2, 2009 1. ROLL CALL. All Councilmembers were present. Mayor Goodman was absent. 2. APPROVAL OF THE AGENDA. City Manager Greg Evangelatos asked to continue items 4 and 5 to next council meeting. 3. CONSENT AGENDA: (PLEASE NOTE: All matters listed under the consent agenda are considered routine, and may by 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. APPROVAL OF PAYMENT OF VOUCHERS 3.B. APPROVAL OF MINUTES – 07/29/2009 3.C. APPROVAL OF BUSINESS LICENSES: 3.C.1. ANDREWS INTERNATIONAL, INC. - SECURITY SERVICES PROVIDER – RENO, NV. 3.C.2. COLLIN COLOR INC. – PAINTING & DECORATING CONTRACTOR, C-4, 68973 – LAS VEGAS, NV. 3.C.3. DEFENSIVE PISTOL INSTITUTE – FIREARMS INSTRUCTION – FERNLEY, NV. 3.C.4. EVOLVING CREATIONS – INTERNET BEAD SALES – FERNLEY, NV. 3.C.5. LEI LIGHTNING ELECTRIC – ELECTRICAL CONTRACTOR, C-2, 70376 – FAYETTEVILLE, AR. 3.C.6. MIDWEST DRYWALL – GENERAL ENGINEERING CONTRACTOR, B, 44454, PAINTING & DECORATING CONTRACTOR, C-14, 50627, LATHING & PLASTERING CONTRACTOR, C-17, 50628, STEEL ---PAGE BREAK--- REINFORCING & ERECTION CONTRACTOR, C-14, 50629, CARPENTRY CONTRACTOR, C-3, 50630, UNCLASSIFIED CONTRACTOR, A, 50631 - WICHITA, KS. 3.C.7. STANLEY CONVERGENT SECURITY SOLUTIONS, INC. – SECURITY SYSTEMS – RENO, NV. 3.C.8. WWW CONSTRUCTION INC. – GENERAL ENGINEERING CONTRACTOR, 67933 – RENO, NV. 3.D. APPROVAL OF AWARD OF CONTRACTS FOR THE CITY OF FERNLEY WATER MASTER PLAN PROJECT 12 - WELLS 9 & 9A TRANSMISSION MAIN INCLUDING: 3. D.1. AWARD OF CONSTRUCTION CONTRACT TO Q&D CONSTRUCTION, INC. 3. D.2. AWARD OF MATERIALS TESTING CONTRACT TO SUMMIT ENGINEERING CORPORATION. 3.E. APPROVAL OF CHANGE ORDER #20 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $3,101.00 AS A RESULT OF OWNER REQUESTED CHANGE IN SCOPE OF WORK AS WELL AS ENGINEER’S ERRORS AND OMISSIONS 3.F. APPROVAL OF CHANGE ORDER #1 FOR THE WEST LIFT STATION UPGRADE PROJECT TIME EXTENSION AS A RESULT OF OWNER’S REQUEST. 3.G. APPROVAL OF CHANGE ORDER #2 FOR THE WATER CONVEYANCE PROJECT 3C – MESA DRIVE AND MAIN STREET INTERSECTION RECONFIGURATION IN THE AMOUNT OF $9,946.43 AND TIME EXTENSION AS A RESULT OF OWNER REQUESTED CHANGE IN SCOPE AS WELL AS ENGINEER’S ERRORS AND OMISSIONS. 3.H. APPROVAL OF CITY PUBLIC DEFENDER PROFESSIONAL SERVICES AGREEMENT WITH THE LAW OFFICES OF KENNETH V WARD. {End of Consent Agenda} A motion to approve the consent agenda minus items 3.C.3, and 3.G. was APPROVED by a vote of 5-0-0. A motion to approve item 3.G. was APPROVED by a vote of 5-0-0. A motion to approve item 3.C.3. was APPROVED by a vote of 4-0-1, Eilrich abstained. 09/02/2009 FCC ACTION SUMMARY Page 2 of 6 ---PAGE BREAK--- 4. DISCUSSION OF FUEL TAX ASSESSMENT. This item was continued to the next council meeting by City Manager Greg Evangelatos request. 5. DISCUSSION OF ROOM TAX ASSESSMENT. This item was continued to the next council meeting by City Manager Greg Evangelatos request. 6. DISCUSSION AND POSSIBLE ACTION TO SELECT AN ENTITY FOR AMBULANCE SERVICES WITH THE CITY OF FERNLEY WHO SUBMITTED TO THE CITY’S REQUEST FOR PROPOSALS. A motion to select North Lyon County Fire Protection District as the exclusive provider for emergency medical care and patient transport for the City of Fernley subject to entering into an exclusive franchise agreement was APPROVED by a vote of 4-1-0, Martin opposed. 7. DISCUSSION AND POSSIBLE ACTION TO ENTER INTO A FRANCHISE AGREEMENT FOR AMBULANCE SERVICES WITH THE ENTITY WHICH CITY COUNCIL SELECTS. A motion to enter into an exclusive franchise agreement with North Lyon County Fire Protection District to provide ambulance service within the City of Fernley and authorize the Mayor and City Clerk to execute the agreement with the following changes: Section 2.03 insert 5 year term; delete sections 4.0.1 and 4.0.2, which call for a franchise fee; and delete section 6 concerning surety bond, due to the fact that are already the designated emergency provider for the City of Fernley; and incorporate #12 Schedule of rates on page 8 of RFP from into Section 5 of the franchise agreement as an Exhibit A; and delete Section M on page 4 of the franchise agreement was APPROVED by a vote of . 8. DISCUSSION AND POSSI BLE ACTION REGARDING RE-SCHEDULING REGULAR COUNCIL MEETING FROM SEPTEMBER 16, 2009 TO SEPTEMBER 23, 2009. A motion to change the date of the regular scheduled Council meeting from September 16, 2009 to September 23, 2009 was APPROVED by a vote of 5-0-0. 9. DISCUSSION AND POSSIBLE ACTION REGARDING ACCEPTANCE OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR A PLANNING LEVEL FEASIBILITY STUDY TO DETERMINE THE VIABILITY OF A BOYS AND GIRLS CLUB OF FERNLEY. A motion to accept the CDBG grant for planning and feasibility study to determine the viability of the Boys and Girls Club in the City of Fernley in the amount of $26,000 was APPROVED by a vote of 5-0-0. 09/02/2009 FCC ACTION SUMMARY Page 3 of 6 ---PAGE BREAK--- 10. PUBLIC INPUT. (6:00 Time Certain) 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 taken on this item. 11. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 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 items 11A. through 11. E. 12. PUBLIC HEARING: 12.A. ADOPTION 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. A motion on 5.01.24, section B item C state “residents whish to haul and dispose of their own residential garbage and will provide an affidavit of compliance with Federal, State and City codes. Staff may check exempt accounts or may respond to a compliant. If an exempt account to be found not being in compliance, their exemption will be rescinded and they may not re- apply for a period of three years was APPROVED by a vote of 4-1-0, Martin opposed. 09/02/2009 FCC ACTION SUMMARY Page 4 of 6 ---PAGE BREAK--- A motion to change Section 5.01.24 “Mandatory Single Family Dwelling Service-billings-penalties, Section B.2.A and change word “may” to “will” and the section to read a following “persons having applied for an exemption, in writing, to the Fernley City council prior to August 1, 2009, will have the exemption applied retroactively” was APPROVED by a vote of 5-0-0. A motion to revise section 5.01.24, section 3 to read “exemptions from Mandatory Services will be valid for a period of one year and can be reapplied for prior to expiration. Council will have to approve individual exemptions of more than 25 additional exemptions per year” was APPROVED by a vote of 5 - 0- 0. It was furthered clarified that 25 additional exemptions could be approved by Staff in subsequent years. Those exemptions excluded the initial 25 grandfathered exemptions and any other exemptions granted in previous years. Thus after 3 years there was the possibility for 75 exemptions: the original 25 grandfathered exemptions plus a possible 50 additional exemptions approved by Staff. Any other exemptions beyond the 25 additional per year, would have to be considered by the City Council. A motion to adopt 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 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 plus all of the wording changes that City Council agreed on this evening and modification/inclusion of wording in Section 5.01.24 Section B.C. “which provides for weekly receipts” (after the wording approved above “will provide an affidavit of compliance with Federal, State and City codes”), was APPROVED by a vote of 5-0-0. 12.B. ADOPTION 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 adopt Bill #133, and 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 properly relating thereto was APPROVED by a vote of 5-0-0. 13. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. 09/02/2009 FCC ACTION SUMMARY Page 5 of 6 ---PAGE BREAK--- 09/02/2009 FCC ACTION SUMMARY Page 6 of 6 Future agenda items included: Presentation and Discussion of quarterly financial reports (tentatively scheduled for October 21, 2009). Request to hold a Special Council meeting to consider a professional competence and qualifications of the City Attorney in a closed session and schedule meeting as soon as possible. There was a consensus of the Council to have a meeting September 9, 2009 at 4pm. Special City Attorney was going to review the Open Meeting Law and determine whether that item has to be presented in the closed session or open session. Discussion regarding financing of land maintenance agreements and home association agreements (for maintenance) Discussion regarding assessment of Villa Park in regard to infrastructure, specifically utilities and street paving 14. ADJOURNMENT. The meeting ADJOURNED at 8:53pm.