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SUMMARY OF ACTION TAKEN FCC Meeting Date: Wednesday, July 1, 2009 1. ROLL CALL. There were no absences. 2. ADDRESS ANY ADJUSTMENTS TO THE AGENDA INCLUDING ANY DELETED ITEMS. City Manager Greg Evangelatos asked to continue item This item will be presented on July 15, 2009 Council meeting. Mr. Evangelatos asked to move item 3.M. from consent agenda and address this item after 10.A. or later during Council meeting due to some changes made to the agenda report. 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. ADDRESS PAYMENT OF VOUCHERS 3.B. ADDRESS APPROVAL OF MINUTES - 05/27/2009 & 06/03/2009 3.C. ADDRESS APPROVAL OF BUSINESS LICENSES: 3.C.1. DOROTHEA IRVIN – SPECIAL EVENT VENDOR – SILVER SPRINGS, NV. 3.C.2. KDH BUILDERS – RESIDENTIAL AND SMALL COMMERCIAL CONTRACTOR 70654, B-2 & CARPENTRY CONTRACTOR 72743, C-3 – RENO, NV. 3.C.3. MISS WINNEMUCCA RODEO – SPECIAL EVENT VENDOR – WINNEMUCCA, NV. 3.C.4. MOTHER EARTH GROWERS – NURSERY PLANT GROWERS – SILVER SPRINGS, NV. 3.C.5. NO VACANCY – PROPERTY CLEAN UP & ZERO SCAPING – FERNLEY, NV 3.C.6. TWIN CITIES ROOFING LLC – ROOFING CONTRACTOR 72544, C-15 ---PAGE BREAK--- 09-07-01 Summary of Action FCC Page 2 of 5 3.D. ADDRESS REQUEST BY THE FERNLEY CHAMBER OF COMMERCE FOR WAIVER OF LIQUOR LICENSE FEE FOR THE RODEO TO BE HELD AT THE OUT OF TOWN PARK; SEPTEMBER 19TH & 20TH. 3.E. ADDRESS CONTRACT BETWEEN THE CITY OF FERNLEY AND INTELLECTUAL TECHNOLOGY, INC. 3.F. AUTHORIZE THE EXECUTION OF A CORRECTED WATER RIGHTS DEDICATION AGREEMENT FOR THE SAIIDI FAMILY TRUST, (APN21- 082-63), TCID SERIAL NUMBER #1014-1-C. 3.G. ADDRESS THE ADOPTION OF A RESOLUTION FOR THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR THE DONNER TRAILS TOWN CENTER, NEVADA PACIFIC BOULEVARD AND HWY 50, 21-201-47, 48, 49, 50. 3.H. ADDRESS THE ADOPTION OF A RESOLUTION FOR THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR SUMMIT VENTURES OFFICE PARK PHASE 1 AND 2, 420, 470, 480 E. MAIN STREET, LYON COUNTY PARCEL NUMBER 20-101-09. 3.I. ADDRESS APPROVAL OF CHANGE ORDER #1 FOR THE WATER CONVEYANCE PROJECT 3C – MESA DRIVE AND MAIN STREET INTERSECTION RECONFIGURATION IN THE AMOUNT OF $7,193.51 AS A RESULT OF OWNER REQUESTED CHANGE IN SCOPE 3.J. ADDRESS APPROVAL OF CHANGE ORDER #18 FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $44,340.00 AS A RESULT OF DESIGN ENGINEER’S OMISSION AND OWNER REQUESTED CHANGE IN SCOPE 3.K. ADDRESS APPROVAL OF CHANGE ORDER #4 FOR THE WATER CONVEYANCE PROJECT 3A – STOCK LANE AND SAGE STREET FOR CREDIT IN THE AMOUNT OF $7,193.51 AS A RESULT OF OWNER REQUESTED CHANGE IN SCOPE 3.L. ADDRESS APPROVAL OF CHANGE ORDER #1 FOR THE WATER CONVEYANCE INFRASTRUCTURE PROJECT 4 IN THE AMOUNT OF $26,931.32 AS A RESULT OF OWNER REQESTED CHANGE IN SCOPE AND UNFORSEEN CONDITIONS 3.M. ADDRESS AWARD OF WATER TREATMENT PLANT OPERATOR STAFFING CONTRACT TO AEROTEK E & E. 3.N. ADDRESS AWARD OF CONTRACTS FOR THE EAST WASTEWATER TREATMENT PLANT POND 1 RECONSTRUCTION, INCLUDING: ---PAGE BREAK--- 09-07-01 Summary of Action FCC Page 3 of 5 3.N.1. AWARD OF CONSTRUCTION CONTRACT TO PEAVINE CONSTRUCTION INC. 3.N.2. AWARD OF MATERIALS TESTING CONTRACT TO AMEC EARTH & ENVIRONMENTAL, INC. {End of Consent Agenda} Councilmember Malloy asked to remove item 3.A. from consent agenda for discussion. Councilman Parsons asked to remove item 3.J. from consent agenda for discussion. A motion to accept consent agenda minus items 3.A. and 3.J. and item 3.M to be discussed later was APPROVED by a vote of 5-0-0. A motion to accept item 3.A. was APPROVED by a vote of 5-0-0. A motion to approve Change Order #18 with KG Walters Construction for the Water Treatment Plant project, which results in a total cost increase in an amount of $44,340.00 and authorize staff to negotiate reimbursement of PCO 193, 206 and 210 with the design engineer was APPROVED by a vote of 5-0-0. A motion to award Water Treatment Plant Operator staffing contract to Aerotek E&E and Authorize the Mayor and City Clerk to execute the necessary documents and include in the contract to not to exceed the total amount/number without Council approval was APPROVED by a vote of 5-0-0. 4. ADDRESS ADOPTION OF THE RESOLUTION ADJUSTING THE REVENUES, EXPENDITURES AND TRANSFERS, INCLUDING CONTINGENCY, FROM THE ORIGINAL FYE 2009 APPROVED BUDGET AMOUNTS TO THE EXPECTED FYE 2009 AMOUNTS APPROVED BY COUNCIL ON JUNE 17, 2009. A motion to adopt the resolution adjusting the revenues, expenditures and transfers, including contingency, from the Original FYE 2009 approve budget amounts to the Expected FYE 2009 amounts approved by Council on June 17, 2009 was APPROVED by a vote of 5-0-0. 5. ADDRESS DISCUSSION AND POSSIBLE ACTION OF THE CITY OF FERNLEY ARTS & CULTURE COMMISSION REQUEST FOR MATCHING GRANT FUNDS FOR THE STATE OF NEVADA ARTS & CULTURE JACKPOT GRANT APPLICATION WHICH INCLUDES DEVELOPMENT AND PRODUCTION OF THE CITY COUNCIL APPROVED CITY FLAG This item was REMOVED to be discussed at the July 15, 2009 meeting per City Manager Greg Evangelatos. 6. ADDRESS REVISIONS TO EXCLUSIVE WASTE FRANCHISE AGREEMENT WITH TRASHPROS. ---PAGE BREAK--- 09-07-01 Summary of Action FCC Page 4 of 5 A motion to approve the proposed revisions and direct Staff to revise the agreement to reflect the proposed changes A through E and a Technical Change to change dates as well include that all exemptions currently in place be granted and every other exemption would follow section E and to add that recycling be at the City Hall with fencing around. The motion FAILED for the lack of second. A motion to approve the proposed revisions and direct staff to revise the agreement to reflect these changes as presented in the agenda report A through E with exception of number D to change from 30 months to 18 months was APPROVED by a vote of 3-2-0, Parsons and Malloy opposed.. 7. ADDRESS MODIFICATION OF THE ANIMAL AT LARGE ORDINANCE FOR IMPLEMENTATION OF A PROVISION TO PREVENT THE REOCCURRENCE OF ATTACKS BY AN AT-LARGE ANIMAL UPON ANOTHER ANIMAL OR HUMAN BEING (PER COUNCILMEMBER MALLOY’S REQUEST). A motion to direct Staff to bring forward an ordinance proposal which modifies Fernley Municipal Code, Title 6, Chapter 1 of the Fernley municipal Code through the modification of section 10 and the addition of Sections 11 through 15 as contained within the staff report which provides for the regulation of vicious dogs was APPROVED by a vote of 5-0-0. 8. ADDRESS EXTENSION OF CONTRACT WITH ACCOUNTTEMPS FOR FINANCE DIRECTOR. A motion to extend the contract with AccounTemps for Interim Finance Director for a limited period until the hiring of a permanent Finance Director/Treasurer was APPROVED by a vote of 5-0-0. 8. PUBLIC INPUT. (6:00 Time Certain) Public comment is limited to five minutes per person. Items not agenized 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. Chapter 241 of the Nevada Revised Statutes provides that a public body may only consider the character, alleged misconduct, professional competence, or physical or mental health of a person when the public body has properly placed on an agenda such a matter and has properly notified the individual. 9. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 9.A. ADDRESS REPORTS BY CITY STAFF. 9.B. ADDRESS REPORT BY LYON COUNTY SHERIFF’S DEPARTMENT AND NORTH LYON COUNTY FIRE PROTECTION DISTRICT. ---PAGE BREAK--- 09-07-01 Summary of Action FCC Page 5 of 5 9.C. ADDRESS ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. 9.D. ADDRESS REPORTS BY CITY COUNCIL. 9.E. ADDRESS REPORT BY MAYOR. NO action was taken on this item. 10. PUBLIC HEARING: 10.A. ADDRESS ADOPTION OF BILL # 128 AS AN ORDINANCE TO ESTABLISH A PROCEDURE FOR CREATING A LIST OF APPRAISERS TO ENSURE COMPLIANCE WITH STATE LAW WHEN FERNLEY SELLS OR LEASES REAL PROPERTY, INCLUDING WATER RIGHTS. A motion to adopt Bill 128, as an ordinance to establish a procedure for creating a list of appraisers to ensure compliance with state law when Fernley sells or leases real property or to establish of value of water rights was APPROVED by a vote of 5-0-0. {AFTER PUBLIC HEARINGS, THE COUNCIL MAY RETURN TO ITEMS NOT ADDRESSED BEFORE 6:00PM} 11. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Future agenda items included the following: Address changes/revisions to Ordinance which were already discussed and requested by City Council on January 21, 2009 and Staff was directed during that meeting to bring back revisions to Council second meeting in February 2009, and which did not occur. (Request date to be agendized - July 15, 2009 Council meeting). Address discussion of policy changes made by the City Manager without City Council approval regarding the water billing. Address proper procedures that agenda items requested by Councilmembers are addressed in a timely manner and to make sure that agenda items are not disregarded and it does not occur again. Address appeal of termination of Bill Cadwallader. City Manager Greg Evangelatos noted that all administrative steps were done for this procedure and City manager is the final appeal for non-union employees. Address discussion and evaluation of why changes to Ordinance #1 were not done. 12. ADJOURNMENT. The meeting was ADJOURNED at 9:38pm by a vote of 5-0-0.