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SUMMARY OF ACTION TAKEN FCC Meeting Date: Wednesday, June 2, 2010 1. ROLL CALL. There were no absences. 2. APPROVAL OF THE AGENDA. City Manager Greg Evangelatos asked to withdraw item 3.C. A motion to approve agenda was APPROVED 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 – 04/28/2010 & 05/05/2010. 3.C. APPROVAL OF DEDICATION AGREEMENT FOR WATER RIGHTS FROM CRE, LLC. A motion to approve minutes for April 28, 2010 meeting was APPROVED by a vote of 5-0-0. A motion to accept vouchers report was APPROVED by a vote of 5-0-0. 4. DISCUSSION AND POSSIBLE ACTION ON WATER LEASE AGREEMENT BETWEEN THE CITY OF FERNLEY AND THE PYRAMID LAKE PAIUTE TRIBE. A motion to authorize 1) staff to negotiate a water lease agreement between Fernley and the Pyramid Lake Paiute Tribe, under which Fernley will presently lease water to Pyramid Lake in exchange for federal funds or upstream storage credits, 2) authorize staff to file temporary change applications for the lease agreement and 3) direct staff to file change applications for 990 acre feet of additional water rights for the lease agreement at an approximate engineering cost of $15,000 and taking into considerations concerns brought forward by Mr. Stix was APPROVED by a vote of 5-0- 0. 5. CONSIDERATION AND POSSIBLE ADOPTION OF AMENDMENT TO WATER RIGHT DEDICATION POLICY REGARDING THE DEDICATION OF CONTESTED WATER AND THE RETAINER AMOUNT REQUIRED FOR DEDICATIONS OF WATER. ---PAGE BREAK--- 06/02/2010 FCC Page 2 of 5 A motion to amend water right dedication policy by 1) modifying the definition of contested water, 2) increasing the retainer associated with dedications, 3) modifying the provisions related to the collection of fees associated with processing change applications for dedicated water right, and 4) utilizing the attached form dedication agreement and amend/change 1) time frame from 15 to 25 years (pages 6.8 and 7.82) to as far as collections to hold the water right of security and before the action taken they would pay the fees that are due to the City 3) water right must be used within the City of Fernley area for any future project was APPROVED by a vote of 5-0-0. 6. CLOSED SESSION (TIME CERTAIN 5:00PM): MEETING OF FERNLEY CITY COUNCIL WITH ITS MANAGEMENT REPRESENTATIVE(S) REGARDING: LABOR NEGOTIATIONS AND BARGAINING WITH INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW). A motion to go to a closed session was APPROVED by a vote of 5-0-0. A motion to resume open session was APPROVED by a vote of 5-0-0. 7. REVIEW AND POSSIBLE ACTION ON TENTATIVE AGREEMENT BETWEEN CITY OF FERNLEY AND IBEW LOCAL 1245 FOR A COLLECTIVE BARGAINING AGREEMENT WITH A TERM OF JULY 1, 2009 TO JUNE 30, 2011. A motion to approve presented tentative agreement for the term as identified in the tonight’s presentation and this agreement be signed by both parties was APPROVED by a vote of 5-0-0. 8. ADDRESS ADOPTION OF RESOLUTION PROVIDING FOR THE TRANSFER OF THE CITY’S 2010 PRIVATE ACTIVITY BOND CAP TO THE NEVADA RURAL HOUSING AUTHORITY; AND OTHER MATTERS RELATED THERETO. A motion to approve resolution providing for the transfer of the City’s 2010 Private Activity Bond Cap to the Nevada Rural Housing Authority, pursuant to Nevada Administrative Code Section 348A.180, for the purpose of providing a means of financing the costs of single family residential housing that will provide decent, safe and sanitary dwellings at affordable prices for persons of low and moderate income (“Home At Loan Program”) and authorize the Mayor and City Clerk to execute the resolution was APPROVED by a vote of 5-0-0. 9. DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO SUSPEND THE 3% PROPOSED RAISE IN THE WATER BILLS THAT WOULD TAKE EFFECT JULY 1, 2010 AND THAT RATE INCREASE WAS PREVIOUSLY VOTED BY THE CITY COUNCIL IN JUNE 2007. A motion to suspend 3% rate increase for the period of one year from July 1, 2010 to June 30, 2011 including the waste water and water rates that are indicated in resolutions #07-004 and #07-006 was APPROVED by a vote of 5-0-0. ---PAGE BREAK--- 06/02/2010 FCC Page 3 of 5 10. DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION #2010-009 ADOPTING NV STATE RECORDS RETENTION SCHEDULE FOR LOCAL GOVERNMENTS. A motion to approve Resolution #10-009 adopting the State of Nevada Records Retention Schedule for Local Governments was APPROVED by a vote of 4-0-1, Chase opposed. 11. DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO INCREASE TRANSIENT LODGING TAX TO A COMPETITIVE LEVEL CONSISTENT WITH SURROUNDING JURISDICTIONS AND INITIATE BUSINESS IMPACT PROCESS (PER COUNCILMAN EILRICH REQUEST). A motion a motion to go with 11% for Room Tax increase and direct staff to initiate a business impact statement was APPROVED by a vote of 4-0-1, Parsons opposed. 12. UPDATE ON STATUS OF CITY OF FERNLEY GRANTS. No action was made on this item. It was informational only. 13. DISCUSSION REGARDING REINSTATMENT OF VOUCHER’S REPORT (PER COUNCILMAN PARSON’S REQUEST). A motion to reinstate vouchers report in its original form starting next Council meeting was APPROVED by a vote of 4-0-1, Chaffin opposed. 14. DISCUSSION OF CODE ENFORCEMENT AND COMMUNITY BEAUTIFICATION PROGRAM (PER COUNCILWOMAN MALLOY’S REQUEST). A motion to direct Staff to look into possible ordinances to help eliminate code enforcement problems and procedures on how properties are handled and that being on case by case due to the current economy was APPROVED by a vote of 5-0-0. 15. REVIEW POLICIES AND PROCEDURES FOR CITY COUNCIL REGARDING COUNCIL ITEMS AND HOW THEY ARE DISTRIBUTED BETWEEN COUNCIL MEMBERS AND PUBLIC (PER COUNCILWOMAN MALLOY’S REQUEST). A motion to direct staff to make policy on how the documents are handled was APPROVED by a vote of 5-0-0. 16. DISCUSSION AND POSSIBLE ACTION ON WHETHER THE CITY WILL SUPPORT VETERAN’S MEMORIAL COMMITTEE’S PROJECT LOCATED AT APN 21-103-48 & 21- 103-54 AT NO COST TO THE CITY (PER COUNCILMAN CHASE REQUEST). A motion to proceed with the City to support the War Memorial located across from City Hall FAILED by a vote of 2-3-0, Eilrich, Chaffin and Malloy opposed. 17. DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING BUILDING PERMIT FEES (PER COUNCILMAN PARSON’S REQUEST). ---PAGE BREAK--- 06/02/2010 FCC Page 4 of 5 No action was made on this item. It was informational only. 18. DISCUSSION AND POSSIBLE ACTION ON THE REVIEW OF FPM 10-40, A FINAL PARCEL MAP FOR STEVEN AVALOS, TO DIVIDE APPROXIMATELY 24.49 ACRES INTO FOUR PARCELS LOCATED IN THE VICINITY OF SMITH LANE, WEST OF ALPINE DR, APPROXIMATELY A QUARTER OF A MILE SOUTH OF DESERT SHADOWS LANE (APN 21-491-59). A motion to accept Staff report was APPROVED by a vote of 5-0-0. 19. DISCUSSION AND POSSIBLE ACTION TO DIRECT THE CITY MANAGER TO ENTER INTO PROFESSIONAL ENGINEERING SERVICES AGREEMENT(S) NOT TO EXCEED $49,000. A motion to approve a contract with a qualified engineering firm to provide professional engineering services and authorize the Mayor and City Clerk to execute the necessary documents and not to exceed $49,000 as recommended by City Attorney DIED for the lack of second. A motion to approve a contract with a qualified engineering firm to provide professional engineering services on as needed basis and authorize the Mayor and City Clerk to execute the necessary documents with the cap of $30,000 was APPROVED by a vote of 5-0-0. 20. ADDRESS AUTHORIZING THE WRITE OFF OF WATER AND SEWER ACCOUNT BALANCES THAT ARE DEEMED TO BE UNCOLLECTIBLE IN THE AMOUNT OF $49,790.31. A motion to approve authorizing Staff to write off Water and Sewer aged customer accounts receivable was APPROVED by a vote of 5-0-0. 21. 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. 22. 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--- 06/02/2010 FCC Page 5 of 5 23. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Address international building code property maintenance issues Review of policies regarding property rights. Discussion and possible action to direct staff regarding the condition of stock lane and maintenance 24. ADJOURNMENT. The meeting adjourned at 8:27pm