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LeRoy Goodman, Mayor Kelly Malloy, Ward 1 Don Parsons, Ward 2 Roy Edgington, Ward 3 Curt Chaffin, Ward 4 Cal Eilrich, Ward 5 FERNLEY CITY COUNCIL MEETING SUMMARY of ACTION Fernley City Hall 595 Silver Lace Blvd. • Fernley, NV 89408 Phone: (775) 784-9830 • Fax: (775) 784-9839 FCC Meeting: WEDNESDAY, December 7, 2011 1. ROLL CALL. Present: Councilwoman Malloy, Councilman Parsons, Councilman Edgington, Councilman Chaffin, Councilman Eilrich. Interim City Manager Fred Turnier, City Engineer Shari Whalen, City Clerk Lena Shumway, City Attorney Brandi Jensen, City Treasurer Mel Drown and Administrative Services Manager Daphne Emm were present. 2. APPROVAL OF THE AGENDA. Interim City Manager Fred Turnier stated there were no changes to the agenda. Motion: approve agenda as prepared, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, 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. 4. PROCLAMATIONS BY THE MAYOR. The Mayor of the City of Fernley congratulated Deanna LeBlanc as 2011 Nevada Teacher of the Year. Mayor Goodman proclaimed December 7, 2011 as Florence Murphy day. 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 – 11/02/2011 ---PAGE BREAK--- 12/07/2011 FCC Page 2 of 7 C. AWARD OF SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) UPGRADES CONTRACT FOR UPGRADES TO THE WASTEWATER COLLECTION SYSTEM TO AUSENCO PSI IN THE AMOUNT NOT TO EXCEED $66,091.00 D. APPROVAL OF THE ANNUAL REVIEW OF SUP 08-05 CELITE CORPORATION. E. APPROVAL OF LIQUOR LICENSES FOR: • WALGREENS; LOCATED AT 12480 US HIGHWAY 95A N • KRAZY HORSE SALOON; LOCATED AT 1375 NEWLANDS DR. {END OF CONSENT AGENDA} Motion: approve consent agenda as submitted, 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. PUBLIC HEARING: 6. DISCUSSION AND POSSIBLE ADOPTION OF BILL #169 AS AN ORDINANCE MODIFYING TITLE 1 (ADMINISTRATION), CHAPTER 10 OF THE FERNLEY MUNICIPAL CODE CHANGING THE BOUNDARIES OF THE CITY OF FERNLEY ELECTION WARDS, AND OTHER MATTERS PROPERLY RELATING THERETO (POSSIBLE ACTION). Motion: to adopt Bill #169 as an Ordinance modifying Title 1 (Administration), Chapter 10 of the Fernley Municipal Code changing the boundaries of the City of Fernley Election Wards and other matter properly relating thereto. Moved by Councilman Edgington. Councilman Chaffin seconded. The motion carried as follows: 4-0-1, Parsons opposed. Mayor Goodman reopened item #6 for the public input. There was no public input. Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilwoman Malloy. No: Councilman Parsons. 7. DISCUSSION AND POSSIBLE ADOPTION OF BILL #170 AS AN ORDINANCE MODIFYING TITLE 4 (REVENUE AND TAXATION), CHAPTER 2 OF THE FERNLEY MUNICIPAL CODE MODIFYING THE PENALTY NOTIFICATION FOR NON-COMPLIANT TRANSIENT LODGING TAX RETURNS AND OTHER MATTERS PROPERLY RELATING THERETO (POSSIBLE ACTION). Motion: to adopt Bill #170 as an Ordinance modifying Title 4 (Revenue and Taxation), Chapter 2 of the Fernley Municipal Code, Sections 4.02.09 and 4.02.11 amending the penalty notification for non-compliant transient lodging tax returns and other ---PAGE BREAK--- 12/07/2011 FCC Page 3 of 7 matter properly relating thereto. Moved by Councilman Edgington. Councilman Chaffin seconded the motion. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 8. PRESENTATION AND DISCUSSION ON THE FISCAL YEAR 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND POTENTIAL PROJECTS. No action was taken on this item. 9. PRESENTATION AND DISCUSSION OF NEVADA REVISED STATUTE 176.064 REGARDING MUNICIPAL COURT ADMINISTRATIVE ASSESSMENT FEES. Judge Bauer provided power point presentation. No action was taken on this item. 10. DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO NEGOTIATE A MEMORANDUM OF UNDERSTANDING BETWEEN CHURCHILL COUNTY AND THE CITY ON COORDINATION AND JOINT PLANNING ALONG THE CHURCHILL COUNTY AND CITY BOUNDARY (POSSIBLE ACTION). Motion: to direct staff to negotiate a memorandum of understanding with Churchill County, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 11. DISCUSSION AND POSSIBLE APPROVAL FOR STAFF TO MOVE FORWARD WITH THE PURCHASE OF A PREFABRICATED RESTROOM AND AWARD A CONTRACT FOR DESIGN SERVICES TO GGW ARCHITECTS IN AN AMOUNT NOT TO EXCEED $22,675.00 (POSSIBLE ACTION). Associate Engineer Derek Starkey provided power point presentation. Motion: to deny the purchase of a prefabricated restroom and a contract with DJW and direct City Staff to go out for bid for design built facility with approximately the same specifications that the concrete restroom has right now, Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Chaffin. ---PAGE BREAK--- 12/07/2011 FCC Page 4 of 7 Councilman Parsons amended the motion with the addition: completion of the project after 90 days after the award of bid and 45 days to get it out for the bid. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 12. DISCUSSION AND POSSIBLE ACTION TO APPROVE MAYOR’S RE-APPOINTMENTS: A. RE-APPOINTMENT OF SHARI WHALEN TO THE REGIONAL TRANSPORTATION COMMISSION B. RE-APPOINTMENT OF LESLIEANN HAYDEN TO LYON COUNTY ROOM TAX BOARD C. RE-APPOINTMENT OF ED MEAGHER TO WASHOE COUNTY EAST TRUCKEE CANYON. Motion: submit the individuals shown in the Mayor’s memo dated December 1, 2011 regarding agenda item #12 and accepted as stated, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Eilrich. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 13. DISCUSSION AND POSSIBLE ACTION TO APPOINT REPRESENTATIVES TO: A. NEVADA LEAGUE OF CITIES B. NEVADA LEAGUE OF CITIES LEGISLATIVE COMMITTEE Motion: for Councilman Chaffin to serve on Nevada League of Cities and Nevada League of Cities Legislative Committee, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. C. WESTERN NEVADA DEVELOPMENT DISTRICT Motion: to appoint Councilman Edgington as a representative to Western Nevada Development District and the Mayor as an alternate, Action: Approve, Moved by Councilman Parsons, Seconded by Councilwoman Malloy. ---PAGE BREAK--- 12/07/2011 FCC Page 5 of 7 Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. D. WESTERN NEVADA COLLEGE DISTRICT Motion: to appoint the Mayor to Western Nevada College District and Councilman Edgington as an alternate, Action: Approve, Moved by Councilwoman Malloy, 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. E. POOL/PACT Motion: to appoint Interim City Manager Turnier to POOL/PACT and Mayor as an alternate, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Edgington. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. G. LYON COUNTY DEBT MANAGEMENT COMMISSION Motion: to appoint Councilman Edgington to Lyon County Debt Management Commission, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. H. REPRESENTATIVE TO PARTICIPATE IN 2012-2013 UNION NEGOTIATIONS. Motion: to appoint Councilman Parsons and Councilman Edgington to participate in 2012- 2013 Union negotiations, Action: Approve, Moved by Councilman Eilrich, 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. 14. DISCUSSION AND POSSIBLE ACTION TO APPOINT MAYOR PRO TEM. ---PAGE BREAK--- 12/07/2011 FCC Page 6 of 7 Motion: to reappoint Councilman Chaffin as Mayor Pro Tem, Action: Approve, Moved by Councilman Eilrich, Seconded by Councilwoman Malloy. Vote: Motion passed (summary: Yes = 4, No = 0, Abstain = Yes: Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. Abstain: Councilman Chaffin. 15. DISCUSSION AND POSSIBLE ACTION TO DIRECT STAFF TO MONITOR AND/OR OPPOSE FEDERAL LEGISLATION ENABLING FEDERAL FUNDS TO BE USED FOR PURCHASES OF TRUCKEE DIVISION WATER RIGHTS, INCLUDING, BUT NOT LIMITED TO, SENDING A STATEMENT OF OPPOSITION TO THE UNITED STATES BUREAU OF RECLAMATION REGARDING USE OF DESERT TERMINAL LAKES FUNDING FOR WATER PURCHASES IN THE TRUCKEE DIVISION. Motion: to ask staff to monitor closely Desert Terminal Lakes Fund legislation, and opposition to any proposed changes allowing program funds to be spent to purchase Truckee Division water rights and a letter to be drafted to the Bureau of Reclamation opposing proposed water rights purchases as unlawful under the current statutory authority, Action: Approve, Moved by Councilman Edgington, Parsons seconded. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 16. DISCUSSION REGARDING CITY MANAGER’S COMPENSATION AND JOB REQUIREMENTS BEFORE HIRING A PERMANENT CITY MANAGER (PER COUNCILWOMAN MALLOY REQUEST). No action was taken on this item. 17. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. No action will be taken. No action was taken on this item. 18. 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. ---PAGE BREAK--- 12/07/2011 FCC Page 7 of 7 19. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included the following: Agendize budget workshop in January. 20. ADJOURNMENT. Meeting adjourned at 7:42pm.