Full Text
LeRoy Goodman, Mayor Kelly Malloy, Ward 1 Don Parsons, Ward 2 Robert Chase, Ward 3 Curt Chaffin, Ward 4 Cal Eilrich, Ward 5 FERNLEY CITY COUNCIL MEETING AGENDA Fernley City Hall 595 Silver Lace Blvd. • Fernley, NV 89408 Phone: (775) 784-9830 • Fax: (775) 784-9839 FCC Meeting Date: WEDNESDAY, February 17, 2010 ITEMS MAY BE REMOVED OR ADDRESSED OUT OF SEQUENCE. ACTION MAY BE TAKEN ON ALL ITEMS EXCEPT WHERE NOTED. Time Certain: Time certain designates a definite time for the start time of that item. The time certain item may NOT begin earlier than the designated time certain. It may begin later than the designated time, but not earlier. 4:00 p.m. OPEN MEETING – PLEDGE OF ALLEGIANCE Mayor’s statement: “To avoid meeting disruptions, please place cell phones and beepers in the silent mode or turn them off during the meeting. All meetings are recorded. When addressing the Council please speak clearly into the microphone. Thank you for your understanding.” 1. ROLL CALL. Councilman Chaffin was absent. 2. APPROVAL OF THE AGENDA. A motion to approve agenda was APPROVED by a vote of 4-0-1, Chaffin absent. 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. REVIEW AND ACCEPT VOUCHERS REPORT. 3.B. APPROVAL OF MINUTES – 01/20/2010 3.C. APPROVAL OF CHANGE ORDER #2 FOR WATER MASTER PLAN PROJECT 12 (PWP-LY-2009-295) IN THE AMOUNT OF $21,750.00 AND 12 DAY TIME EXTENSION AS A RESULT OF UNFORESEEN CONDITIONS. 3.D. APPROVAL OF FINAL CLOSING CHANGE ORDER (CHANGE ORDER #23) FOR THE WATER TREATMENT PLANT PROJECT IN THE AMOUNT OF $15,446.00 AS A RESULT OF OWNER AND CONTRACTOR REQUESTED CHANGE IN SCOPE OF WORK AS WELL AS ENGINEER’S ERRORS AND OMISSIONS. ---PAGE BREAK--- 10-02-17 FCC Summary final Page 2 of 5 3.E. APPROVAL OF RESOLUTION ADOPTING NV STATE RECORDS RETENTION SCHEDULE FOR LOCAL GOVERNMENTS. 3.F. APPROVAL OF THE REQUEST FROM CHISHOLM CROSSING FOR A WILL- SERVE REQUEST TO 1201 PENNY LANE FOR AN ADDITIONAL 0.491 SEWER ERC’S FOR LYON COUNTY PARCEL NUMBER 21-272-10. {End of Consent Agenda} Item 3.E. was pulled from consent agenda for discussion. A motion to approve consent agenda minus item 3.E. was APPROVED by a vote of 4-0-1, Chaffin absent. A motion to table item 3.E. was APPROVED by a vote of 4-0-1, Chaffin absent. 4. POSSIBLE ACTION REGARDING THE RECLASSIFICATION OF CITY EMPLOYEES AND/OR CHANGES IN THE PAY RANCE OF EMPLOYEES FROM JULY 1, 2009 TO PRESENT MADE BY THE CITY MANAGER. A motion to direct the City Manager to engage outside consultants to review the positions and reclassifications and make sure that they were made correctly and the reimbursement for consulting services coming from contingency funds was APPROVED by a vote of 4-0-1, Chaffin absent. 5. PRESENTATION BY BROADBENT AND ASSOCIATES REPRESENTING NEVADA DEPARTMENT OF ENVIRONMENTAL PROTECTION REGARDING RESEARCH OF ABANDONED AND/OR ORPHANED UNDERGROUND STORAGE TANKS. No action was made on this item. It was informational only. 6. DISCUSSION AND INTRODUCTION OF BILL #150 AS AN ORDINANCE FOR THE ANNEXATION (ANX 10-26) OF 327.54 ACRES LOCATED WITHIN THE WEST ½ OF SECTION 17, TOWNSHIP 20 NORTH, RANGE 26 EAST, MDM (APN: 21-392-14) INTO THE INCORPORATED CITY LIMITS, PURSUANT TO NRS 268.670 CONTIGUOUS VOLUNTARY ANNEXATIONS; AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to introduce bill #150 as an Ordinance for the annexation of APN: 21-392- 14 into the City limits was made by Councilman Parsons. No action was taken since it is a first reading of the ordinance. 7. DISCUSSION AND POSSIBLE ACTION REGARDING DISCREPANCIES BETWEEN THE OFFICIAL ADDRESSES OF RECORD AND THOSE OF HISTORICAL USE BY PROPERTY OWNERS. A motion to direct Staff to change the City’s official address for the parcels described in the Staff report to match the physical address that the parcel owners are using was APPROVED by a vote of 4-0-1, Chaffin absent. 8. DISCUSSION AND POSSIBLE ADOPTION OF BILL # 147, AN ORDINANCE AMENDING FERNLEY MUNICIPAL CODE, TITLE TWO (BOARDS AND COMMISSIONS), BY THE ADDITION OF CHAPTER FOUR, ESTABLISHING THE CITY OF FERNLEY CONVENTION AND TOURISM AUTHORITY, INCLUDING THE ---PAGE BREAK--- 10-02-17 FCC Summary final Page 3 of 5 GUIDELINES FOR THE APPOINTMENT OF THE CITY OF FERNLEY CONVENTION AND TOURISM AUTHORITY BOARD, TERMS OF OFFICE, REMOVAL, COMPENSATIONS AND EXPENSES, OPERATING REGULATIONS AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to adopt bill #147 as an Ordinance amending Fernley Municipal Code, Title Two (Boards and Commissions), by the addition of Chapter Four, establishing the City of Fernley Convention and Tourism Authority (FCTA), including guidelines for the appointment of the City of Fernley Convention and Tourism Authority Board, terms of office, removal, compensations and expenses, operating regulations and other matters properly related thereto was APPROVED by a vote of 4-0-1, Chaffin absent. 9. CONSIDERATION AND POSSIBLE APPROVAL OF MAYOR’S APPOINTMENTS TO FILL VACANCIES IN ARTS AND CULTURE COMMISSION. A motion to approve Larry Claussen and Susan Alexander to fill vacancies in Arts and Culture Commission was APPROVED by a vote of 4-0-1, Chaffin absent. 10. ADDRESS IDENTIFICATION OF ROADS AND STREETS MAINTAINED BY THE CITY OF FERNLEY FOR INCLUSION ON THE LISTING TO BE FILED WITH NEVADA DEPARTMENT OF TRANSPORTATION (NDOT). A motion to approve the Public Works Department road and street mileage report, as presented, and authorize staff to submit the report to the Nevada Department of Transportation as required by State Law was APPROVED by a vote of 4-0-1, Chaffin absent. 11. DISCUSSION OF POSSIBILITY OF INCREASING FRANCHISE/BUSINESS LICENSE FEES FOR EACH PUBLIC UTILITY PROVIDING SERVICES WITHIN THE CITY. A motion to direct staff t prepare business impact statement for increasing franchise fees by 1% for each public utility providing services within the City FAILED 1-3-1, Eilrich, Chase and Malloy opposed and Chaffin absent 12. LEGAL OPINION REGARDING RESIDENCY REQUIREMENT FOR THE CITY MANAGER. No action was made on this item. It was informational only. 13. REVIEW THE POLICY CONCERNING THE LANDLORD BEING RESPONSIBLE FOR DELINQUENT ACCOUNTS WHEN RENTERS LEAVE UTILITY BILLS UNPAID (PER COUNCILMAN EILRICH REQUEST). Staff was directed to review the ordinance and present it to the Council at a later date within a month. 14. DISCUSSION ON CHANGING FROM CITY MANAGER –COUNCIL FORM OF GOVERNMENT TO MAYOR-COUNCIL FORM OF GOVERNMENT. A motion to direct staff to look at the process for changing present City Manager Council form of government to possibly strong Mayor - Council form of government FAILED by a vote of 2-2-1 Malloy, and Eilrich opposed, Chaffin absent. Mayor Goodman broke the tie by voting in opposition of the motion. ---PAGE BREAK--- 10-02-17 FCC Summary final Page 4 of 5 15. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON THE ADOPTION OF BILL #149 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENACT A ZONING TEXT AMENDMENT (TA 10-25) TO AMEND A PORTION OF CHAPTER 28 OF THE CITY DEVELOPMENT CODE, SPECIFICALLY SECTION 28.070.100 ACCESSORY USES, NON-COMMERCIAL ALTERNATIVE ENERGY SYSTEM, FOR INCLUSION OF A WIND ENERGY SYSTEMS PROVISION; AND OTHER MATTERS PROPERLY RELATED THERETO. A motion to table this item for a month and do more research and get more input was APPROVED by a vote of 4-0-1, Chaffin absent. 16. 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. 17. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. 17.A. REPORTS BY LYON COUNTY SHERIFF’S DEPARTMENT, NORTH LYON COUNTY FIRE PROTECTION DISTRICT AND ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. 17.B. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. No action was made on this item. It was informational only. 18. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Future agenda items included the following: Possible Termination of City Manager for the lack of compliance with the employment contract. Update on canal situation and canal repair. Discussion of City’s re-organization plan. Discussion of zero based budget as it relates to the upcoming budget preparation (end of March). ---PAGE BREAK--- 10-02-17 FCC Summary final Page 5 of 5 Discussion of possible changes to Ordinance Discussion of roles and duties of council members and the Mayor and the way they are elected. Possibility of disciplinary action and possible re-negotiation of employment contract. Discussion of action need to be taken for any contract breeches. 19. ADJOURNMENT. The meeting adjourned at 7:19 pm.