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The Minden Town Board meeting was held at 5:30 p.m. on Wednesday, October 7, 2015, at 1602 Esmeralda Avenue, Minden, Nevada. Board members present: Matt Bernard, Charlie Condron, Roxanne Stangle, John Stephans and Bill Souligny. Staff present: Jenifer Davidson, Dan Kistler, Trish Koepnick, and Ryan Russell. Ms. Stangle called the meeting to order at 5:30 p.m. The Pledge of Allegiance was led by Mr. Bernard. PUBLIC COMMENT: A Minden business owner in the vicinity of Sonic Drive In requested that the Town check into the reason that Sonic was approved with no onsite parking for seating and employees. Souligny/Bernard moved to approve the agenda as published. The motion was carried unanimously. Bernard/Condron moved to approve the minutes of the September 2, 2015 Board Meeting. The motion was carried unanimously. ACKNOWLEDGEMENT OF GIFTS: None ACKNOWLEDGEMENT OF SERVICE AWARDS: None BOARD MEMBER REPORTS: Event Planning- Bill Souligny reported on Christmas event planning and reminded the Board of their participation at Safe Street. Minden Water- Matt Bernard noted that he had nothing to report. New Development Applications - John Stephans noted he had nothing new to report. Citizen’s Advisory Committee/Main Street Steering Committee - Charlie Condron reported on Main street meetings and the October 17th Fall Fling event. CONSENT AGENDA FOR POSSIBLE ACTION: 1. Approval of the September 2015 financial report including claims paid August 21, 2015 through September 24, 2015 for fiscal year 2015 and 2016. 2. Approval of a request by Minden Fest Event Promoters for the Town of Minden to sponsor the Esmeralda Avenue Farmer’s Markets Tuesday evenings from May 17th through September 27th, 2016. Town approval will include closure of Esmeralda between Fourth Street and Fifth Street and Fifth Street between Esmeralda Avenue and Mono from 2:00 pm until 8:00 pm. 3. Approval of a request by Minden Fest event Promoters for the Town of Minden to sponsor the Minden Spring Arts and Crafts Festival and Innliner Car Show, June 3-5, 2016. Approval of this request would include waiving fees associated with street closure and providing Town staff support of the event. Town approval will also include closure of Esmeralda between US Highway 395 and Sixth Street; Fifth Street from Mono Ave to the alley between Esmeralda Ave and US Hwy 395; Fourth Street from Mono Ave to the alley between Esmeralda Ave and US Hwy 395 from 2:00 pm Friday through 7:00 pm Sunday. ---PAGE BREAK--- Minden Town Board Meeting October 7, 2015 Page 2 of 6 4. Approval of the 20th Annual Parade of Lights from Heritage Park to Minden Park on December 5, 2015, and a waiver of the associated street closure fees by the Town of Minden. This event includes closure of the following streets from 3:00 pm to 10:00 pm: Esmeralda from US Highway 395 to Seventh Street; closure of Seventh, Sixth, Fifth and Fourth Streets between US Highway 395 and County Road; third street between US Highway 395 and Mono, and closure of Mono Avenue between Third and Seventh Street. 5. Approval of the 2015 Town of Minden Christmas Celebration on Friday, December 4, and Saturday, December 5, 2015. Approval of this request includes closure of the following streets Friday, December 4th from 12:00 pm to Saturday, December 5th until 10:00 pm: Esmeralda Avenue between Fourth Street and Sixth Street; Fifth Street between Mono Avenue and the alley between Highway 395 and Esmeralda Ave. 6. Approval of a request to agree to maintain a 435 square foot right-of-way portion of Lucerne Street located at the intersection of US Highway 395 adjacent to Sonic Drive In, (1652 US Highway 395 APN 1320-30-802-024) to be dedicated by the developer to Douglas County for a standard turning radius. 7. Adoption of Resolution number 2015R-061 augmenting the Town of Minden Fiscal Year 2015- 2016 General Fund (630) Budget by $298,198.00 for the 2015 Street sealing and Rehab project and amending the Minden Water Wholesale Fund (639) and the Minden Water Fund (640) for FY14/15 carryover Purchase Orders. Ms. Stangle recused herself as she had a pecuniary interest in two of the consent items. Condron/Bernard moved to approve the consent agenda. Motion carried unanimously with Stangle abstaining. ADMINISTRATIVE AGENDA: 1. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a Purchase and Sale Agreement (the "Agreement") by and between EAST FORK FIRE PROTECTION DISTICT, and TOWN OF MINDEN, an unincorporated Town and a political subdivision of the State of Nevada, with regard to that certain real property located in Douglas County, Nevada, being Assessor’s Parcel Number 1320-32-111-085, consisting of approximately 0.210 acres, and Assessor’s Parcel Number 1320-32-111-086 commonly referred to as the Minden Firehouse, 1606 N. Highway 395, Minden, Nevada. Appearance by Matt Bernard, Member of the Minden Town Board. Mr. Bernard gave the background on the history of this property. He noted the problems of owning this building and how he had spoken to East Fork Fire about granting the building to them. If they find another site someday they would give the building back to Minden. The siren is part of Minden and we reserve the right to operate and maintain it. Board discussion included questioning if the leases go with the building, how it is logical for one entity to maintain and operate it, as well as a hope that the Sheriff Department can continue using the gym. Public comment: Members of the public spoke in support of the agreement, including some former members of Douglas Engine Co Number 1. Following thoughtful and intelligent deliberation, Souligny/Bernard moved to approve a Purchase and Sale Agreement (the "Agreement") by and between EAST FORK FIRE PROTECTION DISTICT, and TOWN OF MINDEN, an unincorporated Town and a political subdivision of the State of Nevada, with regard to that certain real property located in Douglas County, Nevada, being Assessor’s Parcel Number 1320-32-111-085, consisting of approximately 0.210 acres, and Assessor’s Parcel Number 1320-32-111- 086 commonly referred to as the Minden Firehouse, 1606 N. Highway 395, Minden, Nevada, subject to ---PAGE BREAK--- Minden Town Board Meeting October 7, 2015 Page 3 of 6 the condition that we reserve the rights to the siren with formal deed, license or easement to be prepared in a form acceptable to Town Counsel. Motion carried unanimously. 2. Not for possible action: Discussion and presentation by Municipal Financial Services to reintroduce the methodology used in rate analysis and rate creation, the process to evaluate and update existing Minden Retail and Wholesale water rates, and the possible development of revised rate schedules based on available information. Appearance by Tom Paveltic, Municipal Financial Services. Mr. Paveltic gave a presentation about the scope of work to be completed in the next couple months; this will be an update of the previous study. Board discussion included appreciation for this presentation. Public comment: None 3. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request by the Main Street Minden Board to release the funds previously committed by the Town of Minden to create a Main Street Minden Program to the Main Street Minden organization, minus the funds already contributed by the Town to the Program, in a manner determined to be acceptable by the Minden Town Board. Appearance by Sheila Kendrick, Interim Program Manager for Main Street Minden. Ms. Kendrick introduced the new Main Street Board of Directors and gave a recap of recent activities. Board discussion included excitement about where they have already gone and concern about the Main Street budget, the salary for the director, and questioned why this request was being made. Ms. Kendrick indicated that the guideline for the Main street program indicated that it is best to secure any pledged funds as soon as possible, and her biggest concern is the securing of the pledged matching funds. The director’s salary is considered mid-range. Public comment: None Following thoughtful and intelligent deliberation, Stephans/Condron moved to approve the request by the Main Street Minden Board to release the funds previously committed by the Town of Minden to create a Main Street Minden Program to the Main Street Minden organization, minus the funds already contributed by the Town to the Program. 4. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request by the Main Street Minden Board to 1) lease 1604 Esmeralda Avenue Suite 201 to the Main Street Minden Organization for one year with a one year option to renew for a rate to be determined by the Minden Town Board; and, if 4.1 is approved, 2) authorize the Chairman to execute an agreement for the same in a format acceptable to Town Counsel. Appearance by Sheila Kendrick, Interim Program Manager for Main Street Minden. Ms. Kendrick noted the housing criteria suggested with the Main Street program; the perception associated with housing is very important. In requesting the lease of Suite 201, the intention is not to tax the Town and the use of the space could be coordinated with the Town. Rental fees would be just like the other tenants. Public comment: None Following thoughtful and intelligent deliberation, Souligny/Stephans moved to 1) approve the request to lease 1604 Esmeralda Avenue Suite 201 to the Main Street Minden Organization for one year with a one year option to renew at the rate of $435.00 per month plus the $50.00 flat rate for utilities; and 2) authorize the Chairman to execute an agreement for the same in a format acceptable to Town Counsel to build in consistencies between the leases. Motion carried unanimously. 5. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a draft Interlocal Agreement for Services made by and between Douglas County, ---PAGE BREAK--- Minden Town Board Meeting October 7, 2015 Page 4 of 6 a political subdivision of the State of Nevada, and the Town of Minden, an unincorporated Town and political subdivision of the State of Nevada and authorize the Chairman to execute an agreement for the same in a form acceptable to Town Counsel. Appearance by Jenifer Davidson, Town Manager Board discussion included support of this agreement as it is the best case scenario for the Town, expectation of good customer service from the County as we will be a paying customer, consternation over government trading money back and forth, how this affects compliance with the Douglas County Personnel policy, the possible need to raise our water and trash rates and the need to do our fiduciary responsibility and possibly cost allocate back to the County. Ms. Davidson noted that the agreement in the language allows the Town to bring certain issues to the Town Board for final decision. Public comment: None Following thoughtful and intelligent deliberation, Souligny/Stephans moved to approve a draft Interlocal Agreement for Services made by and between Douglas County, a political subdivision of the State of Nevada, and the Town of Minden, an unincorporated Town and political subdivision of the State of Nevada and authorize the Chairman to execute an agreement for the same in a form acceptable to Town Counsel. Motion carried with Souligny,Stephans and Stangle voting aye and Bernard and Condron voting nay. 6. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny the Town of Minden Traffic Control Policy. Appearance by Jenifer Davidson, Town, Manager. Ms. Davidson noted that this item is on the agenda at the direction of the Town Board to review authority granted by the county after comparing other jurisdictions. This policy will define how a request comes forward for consideration. Board discussion included the fire department’s approval if the road is an emergency access road, how this policy does not address speed limits but only traffic devices, and how this does not change the way we do the analysis, the petition is the only new variable. Public comment: None Following thoughtful and intelligent deliberation, Bernard/Condron moved to approve the Town of Minden Traffic Control Policy. Motion carried unanimously. 7. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request to change the date for the regular November meeting of the Minden Town Board from November 4th to November 10th, 2015. Appearance by Roxanne Stangle, Chairwoman of the Minden Town Board. Ms. Stangle noted that this request came from two Board members as they will be out of town at the regular time for the Board meeting in November. Public comment: None Following thoughtful and intelligent deliberation, Condron/Stephans moved to approve deny a request to change the date for the regular November meeting of the Minden Town Board from November 4th to November 10th, 2015. Motion carried unanimously. 8. For possible action: Discussion and possible action to assess, assess with conditions, or waive liquidated damages of Herback General Engineering, LLC in amount determined by the Minden Town Board not to exceed $800 per calendar day for 18 days for the 2015-2016 Street Rehabilitation Project. Appearance by Jenifer Davidson, Town Manager. Ms. Davidson noted that Herback General Engineering, LLC has been cooperative throughout the rehabilitation project, however initially there was a lack of sufficient and trained manpower to complete ---PAGE BREAK--- Minden Town Board Meeting October 7, 2015 Page 5 of 6 the work in the allotted time. Town Staff are pleased with the outcome and the quality of the work; it is the recommendation of Town Staff that the Board assess liquidated damages in the amount of $10,180.00 Board comments included the need to hold the contractor accountable to the contract for full damages as well as agreement that the staff recommendation is fair and not a penalty as it simply pays for the additional inspections. Public comment: None Following thoughtful and intelligent deliberation, Condron/Bernard moved to assess liquidated damages of Herback General Engineering, LLC in the amount of $10,180.00. Motion carried with Condron/Bernard and Stangle voting aye and Souligny and Stephans voting nay. 9. For possible action: Discussion and possible action to accept, accept with conditions, continue or deny 1) a bid by ASAP Pump and Well Service in the amount of $51,454.80 for a test well located within the Bently Heritage District as part of the Town of Minden Well #1 re-drill, also known as the Well #11 project; and if 9.1 is approved, 2) authorize the Chairman to execute an agreement for the same on behalf of the Town. Appearance by Jenifer Davidson, Minden Town Manager. Ms. Davidson noted that the lowest bid was deemed reasonable and is recommended for approval. The timetable for completion is this fall, with coordination taking place with Bently and the Heritage site. Board discussion included curiosity about what the changes were to cut the original bid price in half. Public comment: A member of the public questioned if this is in the best interest for the Heritage District; Ms. Davidson noted that the Town is coordinating with Bently and they are satisfied with what the Town is doing. Following thoughtful and intelligent deliberation, Condron/Souligny moved to accept 1) a bid by ASAP Pump and Well Service in the amount of $51,454.80 for a test well located within the Bently Heritage District as part of the Town of Minden Well #1 re-drill, also known as the Well #11 project; and 2) authorize the Chairman to execute an agreement for the same on behalf of the Town. Motion carried unanimously. 10. For possible action: Discussion and possible action provide direction to Town Staff regarding the retirement of key personnel within the Town of Minden Public Works Department and the Town of Minden Strategic Planning Goal to: investigate, design and implement a new organizational structure for the overall effective management of the administration and operational workforce for the Town. Appearance by Jenifer Davidson, Minden Town Manager. Ms. Davidson gave the background for this item, which is driven in part by the retirement of key personnel of the Town. Board discussion included implementing the new organizational chart, the need for the Town to become more water savvy, the direction to hire a licensed engineer, the perception that we would have someone to work concurrently with the superintendent before he left as part of the reorganization, and disappointment that we are without the services of key personnel. Ms. Davidson noted that hiring was contingent on the provision of a letter of resignation by the superintendent. Public comment: Members of the public questioned the lack of ability to work up within the Town structure and the vagueness of the term licensed engineer. No action was taken as the organization chart was previously approved and built into the budget. 11. For possible action: Discussion and possible action to direct staff in relation to Staff Reports. Discussion shall include an Engineering Report which may include discussion on streets, sidewalks, drainage, water issues and related items. Discussion may also include an update ---PAGE BREAK--- Minden Town Board Meeting October 7, 2015 Page 6 of 6 regarding work completed on the Heybourne Well Project. Appearance by Bruce Scott, Town Engineer. Board discussion included the change to a five year street repair cycle; it was noted that this does not impact the quality of the streets but is a budget issue as we are no longer transferring from the trash fund. Public comment: None 12. For possible action: Discussion and possible action to direct staff in relation to Staff Reports. Discussion shall include a Manager’s Report on the activities, progress on or status of assigned tasks and projects, or general information regarding operations and projects related to trash, retail and wholesale water service, and other functions of the Town of Minden. Appearance by Jenifer Davidson, Town Manager. The Board asked questions about the pipe at Well 1 and the work at 6th and Mono. Staff noted that the pipe at Well 1 is actually the well column as the phosphoric acid project is underway, and the landscaping at 6th and Mono is at the owners expense as a large portion of yard was cut out due to the roots when the trees were removed. Public comment: None FINAL PUBLIC COMMENT: None REQUEST FOR AGENDA ITEMS: Mr. Condron requested to bring back to the Board the Facility Use Policy to look at where we are in relation to what we are charging the County. He also asked when we will hear back on the engineering analysis; Ms. Davidson is hopeful that it will be ready by January 2016. ADJOURNMENT: Mr. Bernard moved to adjourn the meeting at 7:50 p.m.