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SUMMARY OF ACTION FCC Meeting: Tuesday, May 17, 2011 5:00 p.m. OPEN MEETING – PLEDGE OF ALLEGIANCE 1. ROLL CALL. Present: Councilwoman Malloy, Councilman Parsons, Councilman Edgington, Councilman Chaffin, Councilman Eilrich. 2. APPROVAL OF THE AGENDA. Acting City Manager Fred Turnier asked to pull item 12.A, 13 and item 14. Councilwoman Malloy asked to remove items #8 and #10. Finance Director Mel Drown supported Councilwoman Malloy’s request for taken item #8 from the agenda. Councilwoman Malloy moved to approve agenda minus deletions mentioned by the Mayor (items 12.A, 13, 14, 8 and 10). Councilman Parsons seconded the motion. Vote: Motion failed (summary: Yes = 2, No = 3, Abstain = Yes: Councilman Parsons, Councilwoman Malloy. No: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. Motion: Approve agenda without items 12.A, 13 and 14, Action: Approve, Moved by Councilman Chaffin, Councilman Eilrich seconded the motion. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. No: Councilman Parsons, Councilwoman Malloy. 3. 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 taken on this item. It was informational only. 4. RECOGNITION OF EMPLOYEES. Interim City Manager Fred Turnier recognized Melinda Bauer as an Employee of the Month for the month of April. Mayor Goodman proclaimed May 25, 2011 as “National Mission Children’s Day.” ---PAGE BREAK--- 05/17/2011 FCC Page 2 of 5 Mayor Goodman proclaimed the week of May 15th through the 21st, 2011 as “National Public Works Week.” 5. 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.) A. ACCEPT VOUCHERS REPORT. B. APPROVAL OF MINUTES – 04/07/2011 & 04/20/2011 C. APPROVAL OF SETTLEMENT AGREEMENT BETWEEN TCID AND CITY OF FERNLEY FOR FLOOD RELATED TORT CLAIM. D. APPROVAL OF SETTLEMENT AGREEMENT REGARDING CITY OF FERNLEY’S FEDERAL FLOOD TORT CLAIMS. E. AWARD OF GROUNDWATER MODEL UPDATES TO ASSESS AQUIFER RECHARGE AND RECOVERY TO THE DESERT RESEARCH INSTITUTE UNDER THE DIRECTION OF DR. GREG POHLL IN THE AMOUNT NOT TO EXCEED $75,210.00 FUNDED BY THE JOINT GRANT (USBR GRANT NUMBER R09AP20010). F. AUTHORIZE STAFF TO PURCHASE INTRUSION AND SURVEILLANCE SECURITY SYSTEM FOR THE WATER TREATMENT PLANT FOR COMPLETE COMPONENT INSTALLATION TO ADT FOR AN AMOUNT NOT TO EXCEED $16,425.00. G. APPROVE THE WILL-SERVE REQUEST FROM HAROLD AND KATHLEEN COLEGROVE FOR 1 WATER ERC TO LYON COUNTY PARCEL NUMBER 21-331-01, 2150 FARM DISTRICT ROAD, FERNLEY, NEVADA. H. APPROVE THE WILL-SERVE REQUEST FROM BEEHIVE HOMES FOR .034 WATER ERCS AND 0.913 SEWER ERCS TO LYON COUNTY PARCEL NUMBER 21-111-47, BEEHIVE HOMES ADDITION AT 575 FARM DISTRICT ROAD, FERNLEY, NEVADA. {END OF CONSENT AGENDA} Councilwoman Malloy requested item 5.A. to be removed and discussed at a later time. Motion: to approve consent agenda minus item 5.A., Action: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. Motion: to approve item 5.A, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. ---PAGE BREAK--- 05/17/2011 FCC Page 3 of 5 6. LEGISLATIVE UPDATE FROM NEVADA BUSINESS STRATEGIES INCLUDING, BUT NOT LIMITED TO, PROPOSED SENATE AND ASSEMBLY BILLS, CONSOLIDATED TAX, AND OTHER LEGISLATIVE ISSUES THAT RELATE TO THE CITY OF FERNLEY ( LIST OF BDRS, ABS AND SBS IS AVAILABLE UPON REQUEST AND CAN BE VIEWED ON-LINE). No action was made on this item. It was informational only. 7. DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION #2011-002 FOR A RESIDENTIAL TEMPORARY BOND DEBT ASSESSMENT. Motion: to approve Resolution #2011-002 for a Residential Temporary Bond Debt Assessment for Water Utility Customers in the amount of $18 per month, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Eilrich. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. No: Councilman Parsons, Councilwoman Malloy. 8. ADOPTION AND APPROVAL OF FISCAL YEAR 2011 – 2012 FINAL BUDGET, INCLUDING POSITION CONTROL AND CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2011-2012. Interim City Manager Fred Turnier provided power point presentation. Motion: to approve the budget to be submitted to the State meeting City’s requirement of May 17 final budget submission and as shown in tonight’s item Action: Approve, Moved by Councilman Chaffin, Councilman Eilrich seconded. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. No: Councilman Parsons, Councilwoman Malloy. 9. HEARING - BUSINESS LICENSE REVOCATION: DISCUSSION AND POSSIBLE APPROVAL OF REVOCATION OF BUSINESS LICENSE #BL01-1019 FOR HUTCH’S SURPLUS PURSUANT TO FERNLEY MUNICIPAL CODE, CHAPTER 3 (BUSINESS LICENSE REGULATIONS). Motion: to revoke Business License # BL10-1019 for Hutch’s Surplus, located at 70E. Main Street, Fernley NV for failure to comply with provisions of Fernley Municipal Code 3.01.11 and failure to correct violation that may effect the health, safety and/or welfare of the public business license and the following fire code violations: • Flammable/combustible liquids must be identifies and flammable liquid stores must comply as state in Chapter 34 of the International Fire Code 2006 Edition. • Means of egress must be clear and addressed as stated in Chapter 10 of the International Fire Code 2006 Edition. ---PAGE BREAK--- 05/17/2011 FCC Page 4 of 5 • Electrical wiring and services must be addressed as listed in Chapter 6 of the International Fire Code 2006 Edition • Additional Fire Code Violations were noted on the Fire & Life Safety Inspection (see attached) Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 10. DISCUSSION AND POSSIBLE APPROVAL OF THE EMPLOYMENT SERVICES AGREEMENT BETWEEN THE CITY OF FERNLEY AND INTERIM CITY MANAGER FRED TURNIER. Mayor Goodman suggested extending negotiations and bringing agreement back at a later date. 11. DISCUSSION AND POSSIBLE ACTION REGARDING DATE, TIME AND LOCATION OF MAYOR/COUNCIL/STAFF RETREAT. Motion: not delay this item at the present time and have retreat scheduled at a later date. Moved by Councilman Parsons. Councilman Chaffin seconded. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = Yes: Councilman Chaffin, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. No: Councilman Edgington. 12. DISCUSSION AND POSSIBLE APPROVAL OF PARK IMPROVEMENT PROJECTS FUNDED BY THE RESIDENTIAL CONSTRUCTION TAX, INCLUDING: A. FERNLEY LASSEN DEPOT SIGNAL BRIDGE IMPROVEMENTS B. IN-TOWN PARK TENNIS COURT RESURFACING C. AUTUMN WINDS EXERCISE EQUIPMENT City Engineer Shari Whalen provided power point presentation. Motion: to approve the Public Works Department to proceed with the construction of the following park improvement projects to be found by Residential Construction Tax (RCT) revenue – Autumn Winds Exercise Equipment and Path and Main Street Park Fencing., Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = ---PAGE BREAK--- 05/17/2011 FCC Page 5 of 5 Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 13. DISCUSSION AND POSSIBLE APPROVAL OF REVISED CITY OF FERNLEY FACILITY USE POLICY, AND PARKS AND BUILDING RESERVATION FEE SCHEDULE. This item was removed from the agenda by Interim City Manager’s request. 14. DISCUSSION AND POSSIBLE ACTION REGARDING THE APPROVAL OF COURT SPECIALIST/SECURITY OFFICER POSITION AND MODIFICATION TO THE POSITION CONTROL CHART AND SALARY RANGE CHART. This item was removed from the agenda by Interim City Manager’s request. 15. DISCUSSION TO THE CITY MANAGER REGARDING REDUCTION IN COMMUNITY DEVELOPMENT DEPARTMENT BUDGET FOR THIS FISCAL YEAR AND THE NEXT FISCAL YEAR (PER COUNCILWOMAN MALLOY’S REQUEST). No action was taken on this item. It was discussion only item. 16. DISCUSSION TO THE CITY MANAGER REGARDING CONSOLIDATION OF CITY DEPARTMENTS WITH LYON COUNTY INCLUDING COMMUNITY DEVELOPMENT, CITY CLERK’S OFFICE, CITY TREASURER AND HUMAN RESOURCES DEPARTMENT (PER COUNCILWOMAN MALLOY’S REQUEST). No action was taken on this item. It was discussion only item. 17. 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. A. REPORTS BY LYON COUNTY SHERIFF’S DEPARTMENT, NORTH LYON COUNTY FIRE PROTECTION DISTRICT AND ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. B. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. No action was taken on this item. It was informational only. 18. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Councilman Edgington asked to agendize changing ordinance for allowing Council not to accept their pay checks. 19. ADJOURNMENT. Meeting adjourned at 8:09pm. ---PAGE BREAK--- SUMMARY OF ACTION FCC Meeting: Tuesday, May 17, 2011 5:00 p.m. OPEN MEETING – PLEDGE OF ALLEGIANCE 1. ROLL CALL. Present: Councilwoman Malloy, Councilman Parsons, Councilman Edgington, Councilman Chaffin, Councilman Eilrich. 2. APPROVAL OF THE AGENDA. Acting City Manager Fred Turnier asked to pull item 12.A, 13 and item 14. Councilwoman Malloy asked to remove items #8 and #10. Finance Director Mel Drown supported Councilwoman Malloy’s request for taken item #8 from the agenda. Councilwoman Malloy moved to approve agenda minus deletions mentioned by the Mayor (items 12.A, 13, 14, 8 and 10). Councilman Parsons seconded the motion. Vote: Motion failed (summary: Yes = 2, No = 3, Abstain = Yes: Councilman Parsons, Councilwoman Malloy. No: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. Motion: Approve agenda without items 12.A, 13 and 14, Action: Approve, Moved by Councilman Chaffin, Councilman Eilrich seconded the motion. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. No: Councilman Parsons, Councilwoman Malloy. 3. 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 taken on this item. It was informational only. 4. RECOGNITION OF EMPLOYEES. Interim City Manager Fred Turnier recognized Melinda Bauer as an Employee of the Month for the month of April. Mayor Goodman proclaimed May 25, 2011 as “National Mission Children’s Day.” ---PAGE BREAK--- 05/17/2011 FCC Page 2 of 5 Mayor Goodman proclaimed the week of May 15th through the 21st, 2011 as “National Public Works Week.” 5. 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.) A. ACCEPT VOUCHERS REPORT. B. APPROVAL OF MINUTES – 04/07/2011 & 04/20/2011 C. APPROVAL OF SETTLEMENT AGREEMENT BETWEEN TCID AND CITY OF FERNLEY FOR FLOOD RELATED TORT CLAIM. D. APPROVAL OF SETTLEMENT AGREEMENT REGARDING CITY OF FERNLEY’S FEDERAL FLOOD TORT CLAIMS. E. AWARD OF GROUNDWATER MODEL UPDATES TO ASSESS AQUIFER RECHARGE AND RECOVERY TO THE DESERT RESEARCH INSTITUTE UNDER THE DIRECTION OF DR. GREG POHLL IN THE AMOUNT NOT TO EXCEED $75,210.00 FUNDED BY THE JOINT GRANT (USBR GRANT NUMBER R09AP20010). F. AUTHORIZE STAFF TO PURCHASE INTRUSION AND SURVEILLANCE SECURITY SYSTEM FOR THE WATER TREATMENT PLANT FOR COMPLETE COMPONENT INSTALLATION TO ADT FOR AN AMOUNT NOT TO EXCEED $16,425.00. G. APPROVE THE WILL-SERVE REQUEST FROM HAROLD AND KATHLEEN COLEGROVE FOR 1 WATER ERC TO LYON COUNTY PARCEL NUMBER 21-331-01, 2150 FARM DISTRICT ROAD, FERNLEY, NEVADA. H. APPROVE THE WILL-SERVE REQUEST FROM BEEHIVE HOMES FOR .034 WATER ERCS AND 0.913 SEWER ERCS TO LYON COUNTY PARCEL NUMBER 21-111-47, BEEHIVE HOMES ADDITION AT 575 FARM DISTRICT ROAD, FERNLEY, NEVADA. {END OF CONSENT AGENDA} Councilwoman Malloy requested item 5.A. to be removed and discussed at a later time. Motion: to approve consent agenda minus item 5.A., Action: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. Motion: to approve item 5.A, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. ---PAGE BREAK--- 05/17/2011 FCC Page 3 of 5 6. LEGISLATIVE UPDATE FROM NEVADA BUSINESS STRATEGIES INCLUDING, BUT NOT LIMITED TO, PROPOSED SENATE AND ASSEMBLY BILLS, CONSOLIDATED TAX, AND OTHER LEGISLATIVE ISSUES THAT RELATE TO THE CITY OF FERNLEY ( LIST OF BDRS, ABS AND SBS IS AVAILABLE UPON REQUEST AND CAN BE VIEWED ON-LINE). No action was made on this item. It was informational only. 7. DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION #2011-002 FOR A RESIDENTIAL TEMPORARY BOND DEBT ASSESSMENT. Motion: to approve Resolution #2011-002 for a Residential Temporary Bond Debt Assessment for Water Utility Customers in the amount of $18 per month, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Eilrich. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. No: Councilman Parsons, Councilwoman Malloy. 8. ADOPTION AND APPROVAL OF FISCAL YEAR 2011 – 2012 FINAL BUDGET, INCLUDING POSITION CONTROL AND CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2011-2012. Interim City Manager Fred Turnier provided power point presentation. Motion: to approve the budget to be submitted to the State meeting City’s requirement of May 17 final budget submission and as shown in tonight’s item Action: Approve, Moved by Councilman Chaffin, Councilman Eilrich seconded. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich. No: Councilman Parsons, Councilwoman Malloy. 9. HEARING - BUSINESS LICENSE REVOCATION: DISCUSSION AND POSSIBLE APPROVAL OF REVOCATION OF BUSINESS LICENSE #BL01-1019 FOR HUTCH’S SURPLUS PURSUANT TO FERNLEY MUNICIPAL CODE, CHAPTER 3 (BUSINESS LICENSE REGULATIONS). Motion: to revoke Business License # BL10-1019 for Hutch’s Surplus, located at 70E. Main Street, Fernley NV for failure to comply with provisions of Fernley Municipal Code 3.01.11 and failure to correct violation that may effect the health, safety and/or welfare of the public business license and the following fire code violations: • Flammable/combustible liquids must be identifies and flammable liquid stores must comply as state in Chapter 34 of the International Fire Code 2006 Edition. • Means of egress must be clear and addressed as stated in Chapter 10 of the International Fire Code 2006 Edition. ---PAGE BREAK--- 05/17/2011 FCC Page 4 of 5 • Electrical wiring and services must be addressed as listed in Chapter 6 of the International Fire Code 2006 Edition • Additional Fire Code Violations were noted on the Fire & Life Safety Inspection (see attached) Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 10. DISCUSSION AND POSSIBLE APPROVAL OF THE EMPLOYMENT SERVICES AGREEMENT BETWEEN THE CITY OF FERNLEY AND INTERIM CITY MANAGER FRED TURNIER. Mayor Goodman suggested extending negotiations and bringing agreement back at a later date. 11. DISCUSSION AND POSSIBLE ACTION REGARDING DATE, TIME AND LOCATION OF MAYOR/COUNCIL/STAFF RETREAT. Motion: not delay this item at the present time and have retreat scheduled at a later date. Moved by Councilman Parsons. Councilman Chaffin seconded. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = Yes: Councilman Chaffin, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. No: Councilman Edgington. 12. DISCUSSION AND POSSIBLE APPROVAL OF PARK IMPROVEMENT PROJECTS FUNDED BY THE RESIDENTIAL CONSTRUCTION TAX, INCLUDING: A. FERNLEY LASSEN DEPOT SIGNAL BRIDGE IMPROVEMENTS B. IN-TOWN PARK TENNIS COURT RESURFACING C. AUTUMN WINDS EXERCISE EQUIPMENT City Engineer Shari Whalen provided power point presentation. Motion: to approve the Public Works Department to proceed with the construction of the following park improvement projects to be found by Residential Construction Tax (RCT) revenue – Autumn Winds Exercise Equipment and Path and Main Street Park Fencing., Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = ---PAGE BREAK--- 05/17/2011 FCC Page 5 of 5 Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 13. DISCUSSION AND POSSIBLE APPROVAL OF REVISED CITY OF FERNLEY FACILITY USE POLICY, AND PARKS AND BUILDING RESERVATION FEE SCHEDULE. This item was removed from the agenda by Interim City Manager’s request. 14. DISCUSSION AND POSSIBLE ACTION REGARDING THE APPROVAL OF COURT SPECIALIST/SECURITY OFFICER POSITION AND MODIFICATION TO THE POSITION CONTROL CHART AND SALARY RANGE CHART. This item was removed from the agenda by Interim City Manager’s request. 15. DISCUSSION TO THE CITY MANAGER REGARDING REDUCTION IN COMMUNITY DEVELOPMENT DEPARTMENT BUDGET FOR THIS FISCAL YEAR AND THE NEXT FISCAL YEAR (PER COUNCILWOMAN MALLOY’S REQUEST). No action was taken on this item. It was discussion only item. 16. DISCUSSION TO THE CITY MANAGER REGARDING CONSOLIDATION OF CITY DEPARTMENTS WITH LYON COUNTY INCLUDING COMMUNITY DEVELOPMENT, CITY CLERK’S OFFICE, CITY TREASURER AND HUMAN RESOURCES DEPARTMENT (PER COUNCILWOMAN MALLOY’S REQUEST). No action was taken on this item. It was discussion only item. 17. 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. A. REPORTS BY LYON COUNTY SHERIFF’S DEPARTMENT, NORTH LYON COUNTY FIRE PROTECTION DISTRICT AND ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. B. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. No action was taken on this item. It was informational only. 18. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Councilman Edgington asked to agendize changing ordinance for allowing Council not to accept their pay checks. 19. ADJOURNMENT. Meeting adjourned at 8:09pm.