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Minden N EVA DA The Minden Town Board meeting was held at 5:30 p.m. on Thursday, July 5, 2012, at 1602 Esmeralda Avenue, Minden, Nevada. Board members present: Matt Bernard, Charlie Condron, Roxanne Stangle, John Stephans and Steve Thaler. Staff present: Greg Hill, George Keele, Trish Koepnick, Bruce Scott and Jenifer Scott. The meeting was called to order at 5:30 p.m. by Chairman Stephans. The Pledge of Allegiance was led by Roxanne Stangle. Stangle/Condron moved for the approval of the agenda as published. Motion carried unanimously. Bernard/Thaler moved for the approval of the minutes of the March 22, 2012 Special Meeting. Motion carried unanimously. Condron/Bernard moved for the approval of the minutes of the June 6, 2012 Board Meeting. Motion carried unanimously. ACKNOWLEDGEMENT OF GIFTS: Ms. Scott acknowledged contributions as part of the 4th of July celebration: Model Dairy contributed popsicles, the Rotary Club handed them out, Dana Lyn Blain composed and read an original poem in honor of the 4th of July, and Boy Scout Troop 340 acted as Color Guard on a last minute notice. A card of thanks will be sent to each of them. ACKNOWLEDGEMENT OF SERVICE AWARDS: None PUBLIC COMMENT Marlena Hellwinkel spoke as a representative of the Historical Society. She said that there will be a fundraising home tour of the historic homes around Minden Park on September 15th. Sandy Deyo said that the 4th of July event was great. Next year he would like to see the Town have a booth and display some Town items, as well as the newspaper saying that the Board members will be there and available to listen to the people. At the intermission the Board could tell what is going on in Minden and what things are planned. He noted that the trees need to be trimmed at the exit of the CVIC parking lot alley at 5th Street. Also, he would like to see the problem with the irrigation ditch and the standing water be addressed with the sale of Monterra. Ms. Scott read into the record the following letter received in the office from Beverly Giannopulos, who asked for it to be read as she could not attend the meeting: Dear Amber, I am under the weather this afternoon and won't be able to attend the meeting tonight. But, thanks for the birthday wish and yes I have my packet so no problem. I would like to have something read for public comment for myself and for Bob McMillan. For Bob: He would like to extend his appreciation to the staff and board member of the Town of Minden for their compassion, concern and caring regarding the Carson Valley Days. He is unable to attend the meetings at this time, but wants the Town to know how much he appreciates how those staff members have touched his heart and that of his wife Marge. He is overwhelmed with gratitude. For me (Beverly): I wish to state how impressed I was with the events of July the 4th in the Minden Town Park. There were so many people who were happy and surprised at what wonderful things transpired that day. Many I spoke with were overwhelmed at the staff and Town board members for the wonderful, free and special events that were shown for family events. Many told me they wished there were more things like that more often for their family. It was a total success thanks to the personnel who gave so freely of themselves to help make it the success it was. I know, personally, I sure had a good time. Thanks! STAFF REPORTS: 1. Public Works: report of activities by Public Works staff. James Smith was present representing Greg Hill. In addition to his written Report, Mr. Hill has asked Mr. Smith to update the Board on a few items. The water tank leak has been fixed by V&C, with the Town buying the parts. The test well is in progress and sampling is under way. The work is complete at the site at Mono and 2nd Streets. Mr. Condron asked for staff to check out the cottonwood tree across from that location that is dead and is being used as a telephone or power pole. ---PAGE BREAK--- Minden Town Board Minutes July 5, 2012 Page 2 of 6 2. Engineering Report: report by Bruce Scott. Mr. Scott said the test well is drilled down to 650 feet; very soon we will be getting to the logging, sampling and testing process. We have spoken to all of the property owners along County Road between 7th and 8th Streets and they are agreeable to the project. We are working with each one to satisfy their requests. We will be submitting plans to the County in the next week or two and going out to bid soon. We hope to keep the costs under $100,000, especially if the Town purchases the pipe. The street sealing contract approval should be on the August agenda. We received the deed today for the water rights from Douglas County; these will be transferred into Minden’s name to be moved into Minden wells. Mr. Stephans asked if the granite slabs in the ditch had been addressed as Mr. Condron had requested. Mr. Scott assured the Board that they will not be lost one way or another. He said that the slabs at the Jacobsen’s are just concrete. 3. Attorney Report: report by George Keele. Mr. Keele was pleasantly surprised by the number of people at Minden Park for the 4th of July. He spoke of the Supreme Court case of last week and how it is rather amazing that so many people have an opinion about what came from this court. We live in a very blessed country and he thinks it is fitting to do what the Board did yesterday. He has been working on draft contracts, the Gateway bond with no results yet, and also with Mr. Kvistad. Mr. Thaler referred to the letter from Mimi Moss and asked Mr. Keele where we stand if the project gets sold in regards to the Bougainvillea Park. Mr. Keele said that whoever buys the subdivision will be buying the liabilities as well as the assets. There will be no less security after the sale than now, as the permits might expire, but the bonds don’t expire. Mr. Keele believed that many conditions have been met and it would be under the bond amount to complete the remaining conditions. Mr. Bernard said that escrow has been concluded and he is optimistic that the project will move forward. He questioned why we have the bond posting process if no one uses them. 4. Manager’s Report: report by Jenifer Scott. Ms. Scott said this month’s packet had her first attempt at a financial report. She felt the Board would prefer excel spreadsheets as she has been presenting. This report shows claims paid; she will also be presenting quarterly summaries of where we are in the accounts. She is looking for feedback concerning this. Mr. Bernard likes having the figures presented in the board packet. Ms. Scott gave credit to Trish for the claim preparation and to Amber for the data entry; Amber had been preparing this summary for awhile. We will be scheduling a wrap up meeting for the 4th of July event, which she felt went very well. She attended a meeting with Mr. Thaler and the County manager; the main topic of discussion was capital improvements, and if there would be any funds coming from the County. Mr. Mokrohisky said they would love to hear the Minden plans and see if the County could contribute. 5. Board member reports: Mr. Thaler felt that County Manager was very receptive at their meeting; he asked to be kept in the loop and will consider requests including the improvements to County Road, and others that involve the County. Mr. Condron said that yesterday was a wonderful day and thanked everyone for their efforts. He thanked James and his crew for the beautiful park, and Mr. Stephans for having the idea originally. Ms. Stangle said that she had several calls about how great yesterday was and the great staff. People made time to say positive things. She had questions about the race on Saturday and when the streets will be re-opened. Mr. Bernard noted that four of the five Board members were in attendance yesterday. He would like to say thank you with a letter in the newspaper. There are thoughts about organizing a volunteer group to continue this event. He really likes the kids’ parade; it was a fun small town event. He thanked the staff for a great effort. Chairman’s report Nr. Stephans said we tried something new this year with the different committees; he thinks they have been very successful and thanked his fellow board members for this event that was appreciated by the community. He especially thanked the staff for their professionalism at these events; it is admired and appreciated. ---PAGE BREAK--- Minden Town Board Minutes July 5, 2012 Page 3 of 6 CONSENT CALENDAR FOR POSSIBLE ACTION 1. Approval of June 2012 financial report prepared by the Minden Town Manager including claims paid through June 22, 2012. Thaler / Stangle moved to approve Item 1 on the consent calendar. Motion carried unanimously. ADMINISTRATIVE AGENDA 1. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request to for the Town of Minden to waive the rental fees for use of the CVIC Hall for a benefit for the Carson Valley Arts Council to 1) show “Secrets of the Desert by Director Bryan Caron rated PG on September 7th, 2012; and to 2) show “Film Fest Tahoe” on September 28th. Appearance by Stephen H. Farnsley, Executive Director of the Carson Valley Arts Council. Steve Farnsley, Executive Director of the Arts Council, thanked Minden for supporting the Arts Council by waiving the fees for their concerts. The events addressed tonight are somewhat different and not approved on the original calendar, as they are additional dates. The title for the first event made it questionable but Mr. Condron has looked into it and is comfortable with the Town supporting the use of the Hall for this event. He said this is a form of art, not a concert. The Arts Council sponsored the making of the movie and this is the premier. Mr. Thaler said the Arts Council has been a supporter of the project from the beginning; it is independent film making. Mr. Farnsley said the second event is a fundraiser; it is a sports action film. The timing is critical because of their capital campaign. Public comment: Sandy Deyo said that over the past couple of months there have been several issues about the waiving of fees. He felt we really need to look at policy in regard to non-profit organizations. The non-profit service groups have to pay fees for using the Hall, while some non-profits have waived fees. This is a fundraiser; that is what the service groups also use the Hall for, and then put the money back into the community. Condron / Thaler moved to approve the request to waive the rental fees for use of the CVIC Hall for a benefit for the Carson Valley Arts Council to 1) show “Secrets of the Desert by Director Bryan Caron, rated PG, on September 7th, 2012; and to 2) show “Film Fest Tahoe” on September 28th. Motion carried unanimously. 2. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request to adopt the revised CVIC Hall Rental Policy and Procedures dated July 5, 2012. Appearance by Jenifer Scott, Minden Town Manager. Ms. Scott said that at the direction of the Board, she and Charlie have combed over the policy, as well as worked with Mr. Thaler and Mr. Keele. A lot of the changes were simply housekeeping. This action was prompted by the request for the three week theatre package. Rates would be for any theatrical group regardless of whether they are non profit. We looked at a 25% non profit discount, and also making a time limit for the number of weeks each year that could be reserved for theatre packages. Mr. Condron agreed with Mr. Deyo on how much time we are giving away to the theatre group, and how far out we can book the dates. Ms. Scott said that both these have been addressed in this draft policy. Booking can be no further than two years in advance, and Douglas County rates have been tied to the standing of the interlocal agreement. Mr. Thaler asked to be sure that will not be affected adversely by this policy. Ms. Scott said that there is a grandfathered understanding for them apart from this policy. Mr. Bernard noted that we have set a policy but the requests for waivers still continue. He felt two years out is a long time. He likes to see the Hall used, but has concern over the Hall used too much by theatre groups and likes the limit set. Ms. Stangle said that this is a community building; there are 84 registered non-profits just in Douglas County, so we have to be careful about that. She is glad that we are still a little town that can make exceptions and have flexibility. Public comment: Diana Jones with CVCT thanked staff for the work on this policy. She asked for clarification on discount concerning service clubs and organizations. It was clarified that the theatre company gets a discount, and policy wording will be changed to clear this up. As far as two years out, this is realistic in terms of booking out ahead and planning out for the future. Ms. Scott said exceptions and the determination of extenuating circumstances will be part of the agenda setting process. Mr. Keele felt that the manager could call this and the determination would fall to the chair and vice chair if she is not available. ---PAGE BREAK--- Minden Town Board Minutes July 5, 2012 Page 4 of 6 Condron / Thaler moved to approve with said amendments the revised CVIC Hall Rental Policy and Procedures dated July 5, 2012. Motion carried unanimously. Mr. Keele said he would have the revisions ready in 24 hours to be signed by the Chairman. 3. For possible action: Discussion and possible action to approve, approve with conditions, continue, or deny a request by Howard Herz for the Town of Minden to continue to sponsor and reschedule the Minden Fall Arts and Crafts Show from July 28-29, 2012 to September 8-9, 2012. Town approval will include closure of Esmeralda between US Highway 395 and Fifth Street and Fifth Street between Esmeralda Avenue and Mono Avenue. Appearance by Howard Herz. Ms. Stangle said she has a pecuniary interest in this subject and will be abstaining. Mr. Herz said that basically this is rescheduling the event back to the traditional date. Ms. Scott said that any potential scheduling conflicts have been resolved. There is nothing in our policy that addresses rescheduling. No public comment. Bernard / Condron moved to approve the request to reschedule the Minden Fall Arts and Crafts Show from July 28- 29, 2012 to September 8-9, 2012. Motion carried unanimously. 4. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request to 1) allow West Coast Paving, Inc. to withdraw their bid and not file on West Coast Paving’s Bid Bond; and if 4.1 is approved, to accept a bid by Qualcon Contractors, Inc., the next to lowest bidder, for the Town’s 2012 Street Rehabilitation Project in the amount of $385,230.00; and if 4.2 is approved to 3) authorize Chairman to execute Agreement for the same on behalf of the Town. Appearance by Bruce Scott Town Engineer. Mr. Scott said that the low bidder, West Coast paving, had forgotten to include the asphalt in their bid and asked to withdraw. We are just acknowledging their error, and asking to award the project to the next lowest bidder, Qualcon Contractors, Inc. Keele confirmed that the law is behind approving this request. If a bidder submits a bid and has omitted a category, it is allowed as a legitimate mistake. Mr. Thaler felt this was not an omission but strictly a mathematical error, and questioned what the engineer estimate is for. We will be retrofitting corner ramps to bring them into compliance with current ADA compliance as we work in the vicinity. Mr. Bernard asked if we will be replacing all of our handicap ramps. This will be addressed if they are way out of compliance and incorporated as part of the rehabilitation work each year. No public comment. Condron / Stangle moved to approve a request to allow West Coast Paving, Inc. to withdraw their bid and not file on West Coast Paving’s Bid Bond, accept a bid by Qualcon Contractors, Inc. for the Town’s 2012 Street Rehabilitation Project in the amount of $385,230 and authorize Chairman to execute Agreement for the same on behalf of the Town. 5. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request to 1) accept an Electrical Engineering Fee Proposal dated May 31, 2012 by MSA Engineering Consultants for a Street Lighting and Utility Grid Relocation Study and Report in an amount not to exceed $32,000; and if 5.1 is approved or approved with modifications agreed to by MSA Engineering, to 2) authorize the Chairman of the Minden Town Board to execute an agreement for the same on behalf of the Town. Appearance by Bruce Scott Town Engineer Mr. Scott said this is a follow-up to a budget item, to find out what it will take to get the power lines off of 395. We would like to take a careful look at this to have figures for budgeting purposes for capital projects. This particular company has done work in Minden and they have made this proposal, which we recommend approval of. Mr. Bernard asked what product we will get in this report. Mr. Scott envisioned that we will have a report that talks about costs in specific and general areas. He also would see a review of cost sharing potential with the power company and other grant possibilities, and sees this report as a basis for grant application and funding. Mr. Thaler said that NV Energy engineers did a study of what it would take to put the poles underground and asked if this would be different than that study. Ms. Scott said that she and Tim Russell were aware of that study. MSA will be looking at cost saving aspects and possible phasing over ten years, possibly applying for grants in phases. There would be more detail and a second look at what infrastructure is in place, hopefully with the potential of combining some poles and what action we can take separate from the grant process. No public comment. Condron / Bernard approve a request to accept an Electrical Engineering Fee Proposal dated May 31, 2012 by MSA ---PAGE BREAK--- Minden Town Board Minutes July 5, 2012 Page 5 of 6 Engineering Consultants for a Street Lighting and Utility Grid Relocation Study and Report in an amount not to exceed $32,000 and authorize the Chairman of the Minden Town Board to execute an agreement for the same on behalf of the Town. Motion carried unanimously. 6. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request by Minden Town staff to 1) select one of the following Rate Consulting Firms to coordinate with Minden Town Staff to review and analyze existing Minden Retail and Wholesale water rates, develop proposed rate schedules based on available information and estimated future growth, respond to comments from Town Staff and Minden Customers on the proposed rates and provide a final rate recommendation report for consideration and possible acceptance by the Minden Town Board: Bartle Wells and Associates, HDR Engineering Inc., or Municipal Financial Services; and if 6.1 is approved, to 2) authorize the Minden Town Manager to negotiate an agreement for services in a range not to exceed $25,000-$40,000 for the same on behalf of the Town. Appearance by Jenifer Scott Town Manager. Ms. Scott said that we assembled a committee of staff members to review the candidates. All were qualified; it came down to a good fit. She has had several in-depth phone conversations from representatives from all companies. Her recommendation was based on the agency that knew what we needed, had reviewed our minutes online, and asked the right questions. Mr. Scott added that he concurred with Jenifer, noting that they are all extremely well qualified firms. We are not looking for financing; we are looking for a rate study. He also felt that this firm knows Nevada law. Mr. Stephans said that the staff did a good job and he has no problem with staff recommendation. Mr. Thaler noted that all are qualified; his concern about Municipal Financial services is the time line and when we would get the final report. He is hoping to have this before we look at our rates for next year, and would like to see thoroughness in a timely fashion. Mr. Scott said that we need to take our time; staff needs to digest it and a possible special meeting may be held. Mr. Stephans said that we could draw a line about the timing. Ms. Scott sad that a January approval by the Town Board was already a part of the process. No public comment. Thaler / Stangle moved to approve the selection of Municipal Financial Services, as recommended by the selection committee, and authorize the Minden Town Manager to negotiate an agreement for services in a range not to exceed $40,000 for the same on behalf of the Town. Motion carried unanimously. ADJOURNMENT Condron / Bernard moved to adjourn the meeting at 7:40 p.m. Motion carried unanimously.