Document Minden_doc_44f8b6e1bd

November 8, 2017 November 8, 2017 November 8, 2017 Town Board Meeting Town Board Meeting Town Board Meeting ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- The Minden Town Board meeting was held at 5:30 p.m. on Tuesday, October 3, 2017, at the Douglas County Historic Courthouse at 1616 8th Street, Minden, Nevada. Board Members present: John Stephans, Matt Bernard, Bill Souligny, Roxanne Stangle and Glen Radtke. Staff present: Jenifer Davidson, Ryan Russell, JD Frisby, Rachel Hamer. Chairman Souligny called the meeting to order at 5:30 p.m. Chairman Souligny asked the public to stand for a moment of silence in remembrance of the victims of the Las Vegas shooting. The Pledge of Allegiance was led by Mr. Souligny. PUBLIC COMMENT: A member of the public expressed a desire for the Town to invest in playground equipment for the area, and asked if donations could be made by events asking for fee waivers. APPROVAL OF AGENDA: Stephans/Bernard moved to approve the October 3, 2017 Agenda. Motion carried unanimously. APPROVAL OF MINUTES: Radtke/Stangle moved to approve the minutes of the September 6, 2017 Board Meeting and the minutes from the September 13, 2017 Special Board Meeting. Motion carried unanimously. ACKNOWLEDGEMENT OF GIFTS: None BOARD MEMBER REPORTS: None CONSENT AGENDA: 1. Approval of the August 2017 financial report including claims paid August 25, 2017 through September 21, 2017 for Fiscal Year 2018. Stephans/Bernard moved to approve the Consent Agenda as written. Motion carried unanimously. ADMINISTRATIVE AGENDA: 1. Not for possible action: Annual training regarding Open Meeting Law, Ethics and Land Planning conducted by Ryan Russell, Town Attorney. Mr. Russell gave the required annual training for the Board on the Open Meeting Law. James Cavilia, Esq., gave the required annual training for the Board on Land Use Development in regard to the Town’s real property as well as the Douglas County Code surrounding the same. Mr. Russell finished the annual training with a training on Ethics. Public Comment: None 2. For possible action: Discussion and possible action to provide direction to Town Staff regarding a scope of work for design and engineering services for the Fiscal Year 2017/2018 Street Rehabilitation Project. Possible action may include providing direction to Town Staff regarding selecting Lucerne Street or other Town of Minden maintained street or ---PAGE BREAK--- Minden Town Board Minutes October 3, 2017 Page 2 of 4 streets for rehabilitation in the spring of 2018. Discussion and possible action may also include providing direction to Town Staff regarding the possible removal, modification and/or refurbishment of the landscape median on Lucerne. Appearance by JD Frisby, Town Superintendent of Public Works. Mr. Frisby gave the background on this item and explained the desired timelines and asked the Board for direction on what they and the public would desire to see done on Lucerne. Board comments included concern over the amount of traffic on the street with the new developments that are planned in the area, concerns over the replacement of the water main under the street, the desire to keep the trees, the size of the lanes on Lucerne vs. Ironwood. Staff explained that the water main under Lucerne is not scheduled to be replaced for a long time and relayed some of the concerns with the trees and the watering issues. Questions were also brought up regarding the possible savings with keeping medians and having to pave less. Several Board Members expressed concerns of making changes at Hwy 395 and Lucerne when it is unknown as to what will happen with NDOT and a possible light at that intersection. Public Comment: Comments included the desire to keep trees, concern over the timeline and cost, the possibility of doing this in phases, doing a less expensive option and using the saved funds to repair many of the existing roads. Some members of the public recommended a desire to keep Lucerne aligned with the look of Ironwood. The Board discussed the desire for a combination of the Staff proposals including a bike lane, the desire to keep as many of the existing trees as possible, being proactive regarding the eventual light at Hwy 395 and Lucerne, and the need to look at the cost of trying to keep the existing medians and weigh that with the total cost of the project. After thoughtful and intelligent deliberation Stephans/Bernard moved and seconded direction to authorize Staff to seek out a scope of work from the engineering pool to come back with options that include some of the Board’s comments. Motion carried unanimously. 3. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request to increase parking spaces designated for Electric Vehicle (EV) charging on the north side of Fourth Street between US Highway 395 and Esmeralda Avenue from two to three spaces. Appearance by Carlo Luri, Director of Government Affairs, Bently Enterprises, LLC. Mr. Luri explained the reasons behind the request. He also explained how this can be a draw to travelers to stop. Board comments included concern over parking and questions over the cost of charging. Public Comment: A member of the public expressed concerns over the parking situation in Downtown. After thoughtful and intelligent deliberation Bernard/Stephans moved to approve a request to increase parking spaces designated for Electric Vehicle (EV) charging on the north side of Fourth ---PAGE BREAK--- Minden Town Board Minutes October 3, 2017 Page 3 of 4 Street between US Highway 395 and Esmeralda Avenue from two to three spaces. Motion carried unanimously. 4. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request to modify the existing Minden Park Gazebo capital project or direct Staff to add a new capital improvement project for Fiscal Year 2019 to include possible removal, modification and/or refurbishment of the large planter in Minden Park with the evergreen tree adjacent to the flag pole. Discussion and possible action may include directing Staff to bring design options to the Board for consideration with an engineer’s estimate of probable cost to remove the above referenced tree and planter and replace both with a splash pad. Appearance by JD Frisby, Town Superintendent of Public Works. Ms. Davidson gave an explanation as to the request to bring the possible splash pad in Minden Park forward to the Board for discussion. Direction was also requested on the placement of the Minden Rotary monument. Board comments included the desire to separate this from the Gazebo project, the desire to keep families in Minden Park, concern over water conservation, and possible other locations for the splash pad. Staff explained how it would reuse the water to keep aligned with the Town’s Water Conservation Plan. Public Comment: Members of the public expressed concern over the liability with adding a splash pad, concerns about the noise, questions regarding of the times it would be available for use, the desire for tranquility and fitting in with the demographics. After thoughtful and intelligent deliberation Stangle/Radtke moved to direct Staff to bring back design options for the Board with an engineer’s estimate of cost to replant the tree and put in a splash pad in Minden Park. Motion passed 3-2 with Souligny and Stephans voting no. 5. For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request to place and decorate a Christmas tree annually at Minden Gateway and to set a budget for the project this year. Appearance by Member, Roxanne Stangle. Ms. Stangle gave a background on how Minden used to showcase a Christmas tree, and expressed the desire to place a Christmas tree in Minden Gateway Park. Board comments included the desire for a live tree, the possibility of transplanting the tree from Minden Park there, wanting to decorate the entrance into the Town, concern over the price and the size needed to stand out. Public Comment: Members of the public expressed a desire to have a live tree at Gateway, and agreement with the possibility of relocating the tree from Minden Park. After thoughtful and intelligent deliberation Stangle/Radtke moved to approve a request to place a commercial Christmas tree annually at Minden Gateway and to set a budget not to exceed $15,000. Motion failed 2-3 with Souligny, Bernard and Stephans voting no. 6. For possible action: Discussion and possible action to adopt, adopt with modifications, continue or deny the 2017/2018 Town of Minden Strategic Plan assembled by Town Staff ---PAGE BREAK--- Minden Town Board Minutes October 3, 2017 Page 4 of 4 pursuant to Board direction from the September 13th Strategic Planning Session. Appearance by Jenifer Davidson, Minden Town Manager. Ms. Davidson provided the 2017/2018 Town of Minden Strategic Plan to the Board for review and comments and possible adoption if there were no changes. Board comments included the desire to get the ball rolling, the desire for a workshop for the wholesale water system, and the desire on moving forward on the plan for prosperity update with or without a consultant and possible collaboration with the Town of Gardnerville. Concern was expressed over the magnitude of the amount of work involved when planning land use for the future of the Town. It was also expressed that there is a need to look at the service area and what the Town plans for domestic wells near the service area. Public Comment: None After thoughtful and intelligent deliberation Radtke/Stephans moved to approve the 2017/2018 Town of Minden Strategic Plan as presented in regards to strategic objective #1 and conditionally approve strategic objective #2 under the option of assistance from a consultant conditioned upon Staff reaching out to the Town of Gardnerville to see if there is a way to coordinate and possibly cost share. Motion carries unanimously. 7. For possible action: Discussion and possible action to direct Staff in relation to Staff Reports. Discussion shall include a Staff 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 and JD Frisby, Superintendent of Public Works. Ms. Davidson presented the updated website with the plan to go live in the next few weeks. Mr. Frisby gave an update on crack sealing. The Board thanked Town Staff for all their hard work on the website and asked for more information on Homecoming on Wednesday, October 4th. Public Comment: A member of the public gave an invitation to Town Staff to a cyber security breakfast held by the Carson Valley Chamber. PUBLIC COMMENT: None ADJOURNMENT: Bernard moved to adjourn the meeting at 8:55 p.m. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- General AdVal Trash Cap Equip Wholesale Water Deposit 117,825.85 $ - $ 19,607.09 $ 3,222.50 $ 53,279.04 $ 70,367.16 $ 15,600.00 $ Fund Account Number (Verify Fund Account) Vendor Invoice Number Description Claim Amount Total M-T-D 9/28/2017 640 640.000.220.000 Water Campbell Construction Hydrant Meter Deposit Refund 1,200.00 $ 1,200.00 $ 9/28/2017 630 630.911.520.136 General Rents & Leases Equip Ricoh [PHONE REDACTED] Usage BW and Color 137.41 $ 4,002.91 $ 1,337.41 $ 9/28/2017 630 630.911.533.800 General Office Supplies Hamer, Rachel office supplies tubs - Reimbursement 24.80 $ 2,388.37 $ 1,362.21 $ 9/28/2017 635 635.912.520.118 Trash Veh. Maint Outside CMC Tire 50003044 Truck Repair 4007 1,426.48 $ 17,500.89 $ 2,788.69 $ 9/28/2017 630 630.916.532.015 General Maint & Repair Christine Fixman Landscaping Jakes Maint 370.00 $ 21,563.48 $ 3,158.69 $ 9/28/2017 630 630.916.532.015 General Maint & Repair Christine Fixman Landscaping Roundabout 205.00 $ 21,563.48 $ 3,363.69 $ 9/28/2017 630 630.916.532.015 General Maint & Repair Christine Fixman Landscaping County Road 280.00 $ 21,563.48 $ 3,643.69 $ 9/28/2017 630 630.916.532.015 General Maint & Repair Christine Fixman Landscaping Town Proper 75.00 $ 21,563.48 $ 3,718.69 $ 9/28/2017 630 630.916.532.015 General Maint & Repair Desert Star Landscaping TOM0917 Contract Work 9/17 3,480.00 $ 21,563.48 $ 7,198.69 $ 9/28/2017 635 635.912.532.003 Trash Gas & Oil Flyers Energy LLC CFS1488528 Fuel-Trash 886.50 $ 24,759.39 $ 8,085.19 $ 9/28/2017 630 630.916.532.003 General Gas & Oil Flyers Energy LLC Fuel Parks 335.24 $ 3,754.33 $ 8,420.43 $ 9/28/2017 630 630.915.532.003 General Gas & Oil Flyers Energy LLC Fuel Street 129.22 $ 1,318.00 $ 8,549.65 $ 9/28/2017 639 639.919.532.003 Wholesale Gas & Oil Flyers Energy LLC Fuel wwater 56.59 $ 3,104.08 $ 8,606.24 $ 9/28/2017 640 640.913.532.003 Water Gas & Oil Flyers Energy LLC Fuel -rwater 56.59 $ 2,540.89 $ 8,662.83 $ 9/28/2017 630 630.917.532.003 General Gas & Oil Flyers Energy LLC Fuel public works 140.95 $ 794.56 $ 8,803.78 $ 9/28/2017 630 630.917.532.015 General Maint & Repair Johnson, Christopher VR95578 Reimbursement for tires 1,136.69 $ 1,064.09 $ 9,940.47 $ 9/28/2017 630 630.911.521.100 General Professional Services ShredIt Reno [PHONE REDACTED] confidential paper removal 57.77 $ 56,312.82 $ 9,998.24 $ 9/28/2017 635 635.912.520.118 Trash Veh. Maint Outside Hydraulic Industrial Servies 35586 2601 trash truck repair 53.81 $ 17,500.89 $ 10,052.05 $ 9/28/2017 630 630.911.520.136 General Rents & Leases Equip Ricoh 56105666 Contract 9/1/17 to 9/30/17 309.03 $ 4,002.91 $ 10,361.08 $ 9/28/2017 630 630.911.520.136 General Rents & Leases Equip Ricoh 56105655 Support 9/1/17 to 9/30/17 65.52 $ 4,002.91 $ 10,426.60 $ 9/28/2017 640 640.913.520.078 Water Printing & Binding ABE Printing 105031 newsletters 318.50 $ 881.50 $ 10,745.10 $ 9/28/2017 635 635.912.520.078 Trash Printing & Binding ABE Printing 318.50 $ 771.01 $ 11,063.60 $ 9/28/2017 639 639.919.531.006 Wholesale Chemicals Sierra Chemical Co 10052514 Heybourne Booster Chlorine 823.90 $ 15,368.82 $ 11,887.50 $ 9/28/2017 630 630.916.521.100 General Pro Services Overhead Protection 58897 Support 31.25 $ 1,602.79 $ 11,918.75 $ 9/28/2017 630 630.916.521.100 General Pro Services Overhead Protection 60020 Support 31.25 $ 1,602.79 $ 11,950.00 $ 9/28/2017 630 630.916.521.100 General Pro Services Overhead Protection 63005 Support 31.25 $ 1,602.79 $ 11,981.25 $ 9/28/2017 630 630.916.521.100 General Pro Services Overhead Protection 68979 Support 31.25 $ 1,602.79 $ 12,012.50 $ 9/28/2017 630 630.916.521.100 General Pro Services Overhead Protection 851164 CVIC Annual Inspection 385.00 $ 1,602.79 $ 12,397.50 $ 9/28/2017 630 630.916.521.100 General Pro Services Overhead Protection 76361 Support 31.25 $ 1,602.79 $ 12,428.75 $ 9/28/2017 630 630.916.521.100 General Pro Services Overhead Protection 70507 Support 31.25 $ 1,602.79 $ 12,460.00 $ 9/28/2017 639 639.919.532.015 Wholesale Maint & Repair Sierra Controls LLC 118918 Preventative Maint. 3,780.00 $ 35,649.35 $ 16,240.00 $ 9/28/2017 639 639.919.521.100 Wholesale Pro. Services Sierra Controls LLC 118919 Proj. 17-5242-PMA-SR 192.90 $ 60,115.48 $ 16,432.90 $ 9/28/2017 640 640.913.521.100 Water Pro. Services Sierra Controls LLC 118919 Buckeye Booster Alarm Issues 192.90 $ 24,597.47 $ 16,625.80 $ 9/28/2017 640 640.913.562.000 Water Capital Projects Sierra Controls LLC 118920 Well 1 - 16WO2 1,308.29 $ 2,490,814.05 $ 17,934.09 $ 9/28/2017 630 630.911.521.100 General Professional Services Shred-It USA LLC [PHONE REDACTED] confidential paper removal Esmeralda 64.00 $ 56,312.82 $ 17,998.09 $ 10/5/2017 630 630.911.550.001 General Misc Expenses Hamer, Rachel VR91194602 Board Meeting Supplies reimbursement; use 31.46 $ 3,523.31 $ 18,029.55 $ 10/5/2017 630 630.911.510.150 General Board Compensation Radtke, Glen 10/17 Radtke Board Compensation 500.00 $ - $ 18,529.55 $ 10/5/2017 630 630.911.510.150 General Board Compensation Souligny, William 10/17 board Board Compensation 550.00 $ - $ 19,079.55 $ 10/5/2017 630 630.911.510.150 General Board Compensation Stangle, Roxanne 10/17 board Board Compensation 500.00 $ - $ 19,579.55 $ 10/5/2017 630 630.911.510.150 General Board Compensation Stephans, John 10/17 board Board Compensation 500.00 $ - $ 20,079.55 $ 10/5/2017 630 630.911.510.150 General Board Compensation Bernard, Matt 10/17 board Board Compensation 500.00 $ - $ 20,579.55 $ 10/5/2017 630 630.911.550.001 General Misc Expenses Alpen Sierra Coffee Roasting 193620 Coffee 42.75 $ 3,523.31 $ 20,622.30 $ 10/5/2017 635 635.912.520.118 Trash Veh. Maint Outside Peterbilt 7111275 Trash Truck 5117 188.99 $ 17,500.89 $ 20,811.29 $ 10/5/2017 635 635.912.520.118 Trash Veh. Maint Outside Peterbilt 7113452 Trash Truck 5016 42.99 $ 17,500.89 $ 20,854.28 $ 10/5/2017 630 630.911.521.100 General Professional Services Elevator Corp [PHONE REDACTED] Elevator Services 793.26 $ 56,312.82 $ 21,647.54 $ 10/5/2017 639 639.919.532.015 Wholesale Maint & Repair Western Nevada Supply 17160555 Wholesale Water 172.30 $ 35,649.35 $ 21,819.84 $ 10/5/2017 640 640.913.532.007 Water Water Meters Western Nevada Supply 17166536 Retail Water 15,768.72 $ 95,755.90 $ 37,588.56 $ 10/5/2017 630 630.916.520.088 General Utilities Minden Gardnerville Sanitatio 17-100244 CVIC Sewer 318.25 $ 15,232.12 $ 37,906.81 $ 10/5/2017 630 630.916.520.088 General Utilities Minden Gardnerville Sanitatio 17-101053 Minden Park 241.22 $ 15,232.12 $ 38,148.03 $ 10/5/2017 639 639.919.520.088 Wholesale Utilities Minden Gardnerville Sanitatio 17-102953 Maint Yard Buckeye adm 287.78 $ 203,089.19 $ 38,435.81 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Alsco-Reno LREN1288718 Mop Mats 37.52 $ 21,563.48 $ 38,473.33 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Alsco-Reno LREN1291009 Mop Mats 37.52 $ 21,563.48 $ 38,510.85 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Alsco-Reno LREN1293191 Mop Mats 37.52 $ 21,563.48 $ 38,548.37 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Alsco-Reno LREN1295385 Mop Mats 37.52 $ 21,563.48 $ 38,585.89 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Alsco-Reno LREN1297504 Mop Mats 37.52 $ 21,563.48 $ 38,623.41 $ 10/5/2017 640 640.913.532.028 Water Uniforms Alsco-Reno LREN1288717 Coveralls 14.71 $ 803.20 $ 38,638.12 $ 10/5/2017 640 640.913.532.028 Water Uniforms Alsco-Reno LREN1291008 Coveralls 14.71 $ 803.20 $ 38,652.83 $ 10/5/2017 640 640.913.532.028 Water Uniforms Alsco-Reno LREN1293190 Coveralls 14.71 $ 803.20 $ 38,667.54 $ 10/5/2017 640 640.913.532.028 Water Uniforms Alsco-Reno LREN1295384 Coveralls 14.71 $ 803.20 $ 38,682.25 $ 10/5/2017 640 640.913.532.028 Water Uniforms Alsco-Reno LREN1297503 Coveralls 14.71 $ 803.20 $ 38,696.96 $ 10/5/2017 630 630.916.532.015 General Maint & Repair ASJ Small Engines, Etc. 20139 Grounds Equip Repair 96.50 $ 21,563.48 $ 38,793.46 $ 10/5/2017 639 639.919.520.055 Wholesale Telephone Expense Frontier 783-7569 10/17 Phone for Heybourne Booster 97.15 $ 1,572.08 $ 38,890.61 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Inland Supply 157789 Supply CVIC/Park 215.74 $ 21,563.48 $ 39,106.35 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Inland Supply 158100 Supply CVIC/Park 50.90 $ 21,563.48 $ 39,157.25 $ 10/5/2017 639 639.919.520.088 Wholesale Utilities NV Energy 4172329-17 Electric 30,869.63 $ 203,089.19 $ 70,026.88 $ 10/5/2017 640 640.913.520.088 Water Utilities NV Energy 4172329-17 Electric 73.38 $ 2,735.93 $ 70,100.26 $ 10/5/2017 635 635.912.520.088 Trash Utilities NV Energy 4172329-17 Electric 220.14 $ 4,207.83 $ 70,320.40 $ 10/5/2017 630 630.915.520.088 General Utilities NV Energy 4172329-17 Electric 5,052.40 $ 49,782.00 $ 75,372.80 $ 10/5/2017 630 630.916.520.088 General Utilities NV Energy 4172329-17 Electric 1,199.66 $ 15,232.12 $ 76,572.46 $ 10/5/2017 639 639.919.520.146 Wholesale Utilities-Heybourne PT NV Energy 4172329-17 Electric 3,644.09 $ 22,312.37 $ 80,216.55 $ 10/5/2017 630 630.917.520.088 General Utilities NV Energy 4172329-17 Electric 48.91 $ 823.96 $ 80,265.46 $ 10/5/2017 635 635.912.532.015 Trash Maint & Repair Parts House 759798 Trash 141.81 $ 5,722.29 $ 80,407.27 $ 10/5/2017 635 635.912.532.015 Trash Maint & Repair Parts House 760148 Trash 33.28 $ 5,722.29 $ 80,440.55 $ 10/5/2017 635 635.912.532.015 Trash Maint & Repair Parts House 760781 Trash 43.78 $ 5,722.29 $ 80,484.33 $ 10/5/2017 639 639.919.532.015 Wholesale Maint & Repair Parts House 761283 Wholesale Water 46.92 $ 35,649.35 $ 80,531.25 $ 10/5/2017 640 640.913.532.015 Water Maint & Repair Parts House 761284 Water Truck 2802 8.99 $ 8,225.92 $ 80,540.24 $ 10/5/2017 635 635.912.532.015 Trash Maint & Repair Parts House 762666 Trash 2601 62.62 $ 5,722.29 $ 80,602.86 $ 10/5/2017 639 639.919.532.015 Wholesale Maint & Repair Parts House 763012 Wholesale Water 6.99 $ 35,649.35 $ 80,609.85 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Ace Hardware 119222 Ste 201 CVIC Hall 60.00 $ 21,563.48 $ 80,669.85 $ 10/5/2017 640 640.913.532.015 Water Maint & Repair Ace Hardware 119322 Water Crew Truck 3.96 $ 8,225.92 $ 80,673.81 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Ace Hardware 119338 Maintenance 56.96 $ 21,563.48 $ 80,730.77 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Ace Hardware 119380 Maintenance 5.49 $ 21,563.48 $ 80,736.26 $ November 8, 2017 - Consent #1 Paid M-T-D  Date Date Paid Funds Available After Claims Paid ---PAGE BREAK--- 10/5/2017 630 630.916.532.015 General Maint & Repair Ace Hardware 119394 Parks 36.99 $ 21,563.48 $ 80,773.25 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Ace Hardware 119451 Maintenance 16.57 $ 21,563.48 $ 80,789.82 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Ace Hardware 119552 Parks 5.98 $ 21,563.48 $ 80,795.80 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Ace Hardware 119577 Maintenance 28.48 $ 21,563.48 $ 80,824.28 $ 10/5/2017 630 630.000.220.000 General Refundable Dep. (CVIC)Moore, Valerie VR94600 Deposit Refund 6,000.00 $ (18,700.00) $ 86,824.28 $ 10/5/2017 630 630.000.220.000 General Refundable Dep. (CVIC)Great Basin Equine Medicine VR94601 Deposit Refund 2,000.00 $ (18,700.00) $ 88,824.28 $ 10/5/2017 635 635.912.520.197 Trash Landfill Carson City Treasurer 48576 09-17 Landfill 12,566.28 $ 118,905.26 $ 101,390.56 $ 10/5/2017 635 635.912.532.015 Trash Maint & Repair Fastenal Company NVMIN65354 Trash Truck 3.83 $ 5,722.29 $ 101,394.39 $ 10/5/2017 640 640.913.532.015 Water Maint & Repair Fastenal Company NVMIN65377 Retail Water 14.82 $ 8,225.92 $ 101,409.21 $ 10/5/2017 640 640.913.532.015 Water Maint & Repair Fastenal Company NVMIN65469 Retail Water 29.64 $ 8,225.92 $ 101,438.85 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Fastenal Company NVMIN65528 Maintenance 21.36 $ 21,563.48 $ 101,460.21 $ 10/5/2017 630 630.917.532.015 General Maint & Repair Fastenal Company NVMIN65727 Public Works 12.14 $ 1,064.09 $ 101,472.35 $ 10/5/2017 639 639.919.532.015 Wholesale Maint & Repair Fastenal Company NVMIN65902 Wholesale Water 22.75 $ 35,649.35 $ 101,495.10 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Meeks Lumber & Hardware 1051130I Maintenance 15.16 $ 21,563.48 $ 101,510.26 $ 10/5/2017 630 630.917.532.001 General Op. Supplies Procurement-Frisby 9-17 Frisby Operating Supply 430.41 $ 2,069.59 $ 101,940.67 $ 10/5/2017 639 639.919.532.015 Wholesale Maint & Repair Procurement-Cady 9-17 Cady Wholesale Water 25.89 $ 35,649.35 $ 101,966.56 $ 10/5/2017 639 639.919.520.200 Wholesale Training & Ed Procurement-Cady 9-17 Cady Backflow Tests 1,800.00 $ 708.00 $ 103,766.56 $ 10/5/2017 630 630.911.520.200 General Training & Education Procurement-Davidson 17davidson Conference 547.63 $ 8,257.37 $ 104,314.19 $ 10/5/2017 630 630.911.550.001 General Misc Expenses Procurement-Davidson 17davidson Board Meeting 91.33 $ 3,523.31 $ 104,405.52 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Procurement-Hamer 9-17 Hamer Parks 25.98 $ 21,563.48 $ 104,431.50 $ 10/5/2017 630 630.911.550.034 General Special Events Procurement-Hamer 9-17 Hamer Events 583.94 $ 9,347.70 $ 105,015.44 $ 10/5/2017 630 630.916.532.015 General Maint & Repair Procurement-Hamer 9-17 Hamer CVIC Hall 95.71 $ 21,563.48 $ 105,111.15 $ 10/12/2017 630 630.915.532.015 General Maint & Repair Kustom Koatings Inc 170745 First and Final 75,251.62 $ 273,928.82 $ 180,362.77 $ 10/12/2017 630 630.915.532.015 General Maint & Repair Kustom Koatings Inc 170745 First and Final 2,376.00 $ 273,928.82 $ 182,738.77 $ 10/12/2017 640 640.913.520.200 Water Training & Ed Bureau of Safe Drinking Wate VR91194700 D4 Renewal 15.00 $ 4,065.50 $ 182,753.77 $ 10/12/2017 639 639.919.520.200 Wholesale Training & Ed Bureau of Safe Drinking Wate VR91194700 Cady 15.00 $ 708.00 $ 182,768.77 $ 10/12/2017 640 640.913.520.200 Water Training & Ed Bureau of Safe Drinking Wate VR91194700 D2 Renewal 15.00 $ 4,065.50 $ 182,783.77 $ 10/12/2017 639 639.919.520.200 Wholesale Training & Ed Bureau of Safe Drinking Wate VR91194700 Murphy 15.00 $ 708.00 $ 182,798.77 $ 10/12/2017 640 640.913.520.200 Water Training & Ed Bureau of Safe Drinking Wate VR91194700 T1 Renewal 15.00 $ 4,065.50 $ 182,813.77 $ 10/12/2017 639 639.919.520.200 Wholesale Training & Ed Bureau of Safe Drinking Wate VR91194700 Murphy 15.00 $ 708.00 $ 182,828.77 $ 10/12/2017 640 640.913.520.120 Water Lab Testing UNR Board of Regents 61718 Sample testing 302.00 $ 930.00 $ 183,130.77 $ 10/12/2017 630 630.916.532.015 General Maint & Repair Buffo Electric 3858 Refrigerator Repair 225.00 $ 21,563.48 $ 183,355.77 $ 10/12/2017 630 630.916.532.015 General Maint & Repair Buffo Electric 3886 Refrigerator Repair 308.00 $ 21,563.48 $ 183,663.77 $ 10/12/2017 630 630.000.220.000 General Refundable Dep. (CVIC)Varner, Desiree CM2064 Deposit Refund 300.00 $ (18,700.00) $ 183,963.77 $ 10/12/2017 630 630.911.520.055 General Telephone Expense Frontier vr91194691 782-2495,782-5976 435.19 $ 2,884.73 $ 184,398.96 $ 10/12/2017 635 635.912.520.055 Trash Telephone Expense Frontier vr91194691 782-2957,782-5097 137.44 $ 959.67 $ 184,536.40 $ 10/12/2017 639 639.919.520.055 Wholesale Telephone Expense Frontier vr91194691 137.44 $ 1,572.08 $ 184,673.84 $ 10/12/2017 640 640.913.520.055 Water Telephone Expense Frontier vr91194691 137.43 $ 2,459.69 $ 184,811.27 $ 10/12/2017 630 630.916.520.136 General Rents & Lease Equip Allied Sanitation and Septic S RINV002445 Porta potties jakes and westwood 140.00 $ 1,120.00 $ 184,951.27 $ 10/12/2017 630 630.916.520.136 General Rents & Lease Equip Allied Sanitation and Septic S RINV002578 Porta potties jakes and westwood 140.00 $ 1,120.00 $ 185,091.27 $ 10/12/2017 630 630.917.532.015 General Maint & Repair Clark Pest Control Inc. 20797150 Buckeye 160.00 $ 1,064.09 $ 185,251.27 $ 10/12/2017 630 630.911.521.100 General Professional Services Allison Mackenzie Ltd. 174808 General Town Matters 8,633.26 $ 56,312.82 $ 193,884.53 $ 10/12/2017 639 639.919.521.100 Wholesale Pro. Services Allison Mackenzie Ltd. 174809 Wholesale Water 3,000.00 $ 60,115.48 $ 196,884.53 $ 10/12/2017 639 639.919.520.194 Wholesale Cell Phones AT&T Mobility 832479668x10022017 Cellular Service 261.05 $ 1,234.82 $ 197,145.58 $ 10/12/2017 640 640.913.520.194 Water Cell Phones AT&T Mobility 832479668x10022017 Cellular Service 261.05 $ 1,234.82 $ 197,406.63 $ 10/12/2017 635 635.912.520.194 Trash Cellular Phone AT&T Mobility 832479668x10022017 Cellular Service 261.06 $ 234.80 $ 197,667.69 $ 10/12/2017 635 635.912.520.198 Trash Recycling Bently Ranch 152626 Green Waste 179.80 $ 5,128.20 $ 197,847.49 $ 10/12/2017 635 635.912.520.198 Trash Recycling Bently Ranch 152675 Green Waste 198.00 $ 5,128.20 $ 198,045.49 $ 10/12/2017 635 635.912.520.198 Trash Recycling Bently Ranch 152747 Green Waste 217.60 $ 5,128.20 $ 198,263.09 $ 10/12/2017 635 635.912.520.198 Trash Recycling Bently Ranch 152843 Green Waste 205.60 $ 5,128.20 $ 198,468.69 $ 10/12/2017 635 635.912.520.198 Trash Recycling Bently Ranch 152939 Green Waste 205.80 $ 5,128.20 $ 198,674.49 $ 10/12/2017 639 639.919.520.088 Wholesale Utilities NV Energy 417232 09/17 Well 11 1617 Water St 158.41 $ 203,089.19 $ 198,832.90 $ 10/12/2017 636 636.918.562.000 Cap Equip Capital Projects Designing Images 1239 CVIC remodel design 250.00 $ (3,222.50) $ 199,082.90 $ 10/12/2017 636 636.918.562.000 Cap Equip Capital Projects Designing Images 1250 CVIC remodel design 2,312.50 $ (3,222.50) $ 201,395.40 $ 10/12/2017 630 630.916.520.187 General Internet Expense WSCA Emergency MGT Aug-26 to Sep-25 Bill 280.07 $ (619.99) $ 201,675.47 $ 10/12/2017 630 630.911.521.100 General Professional Services Tyco Integrated Security LLC 29427178 Service 11/1 thru 11/30, 2017 198.76 $ 56,312.82 $ 201,874.23 $ 10/12/2017 635 635.912.532.003 Trash Gas & Oil Flyers Energy LLC CFS1497006 Fuel-Tash 752.88 $ 24,759.39 $ 202,627.11 $ 10/12/2017 630 630.916.532.003 General Gas & Oil Flyers Energy LLC CFS1497006 Fuel-Parks 247.09 $ 3,754.33 $ 202,874.20 $ 10/12/2017 630 630.915.532.003 General Gas & Oil Flyers Energy LLC CFS1497006 Fuel-Street 96.70 $ 1,318.00 $ 202,970.90 $ 10/12/2017 639 639.919.532.003 Wholesale Gas & Oil Flyers Energy LLC CFS1497006 Fuel-Wwater 83.74 $ 3,104.08 $ 203,054.64 $ 10/12/2017 640 640.913.532.003 Water Gas & Oil Flyers Energy LLC CFS1497006 Fuel-Rwater 83.73 $ 2,540.89 $ 203,138.37 $ 10/12/2017 630 630.917.532.003 General Gas & Oil Flyers Energy LLC CFS1497006 Fuel-Public Works 64.34 $ 794.56 $ 203,202.71 $ 10/19/2017 639 639.919.532.001 Wholesale Op. Supplies Fastenal Company NVMIN66047 Wholesale Water 10.97 $ 1,716.42 $ 203,213.68 $ 10/19/2017 630 630.915.532.091 General Signs Silver State Barricade & Sign 94129 Welcome Sign 32.08 $ 9,473.44 $ 203,245.76 $ 10/19/2017 630 630.915.532.091 General Signs Silver State Barricade & Sign 95318 Barricades 494.48 $ 9,473.44 $ 203,740.24 $ 10/19/2017 630 630.917.532.028 General Uniforms Optima Advertising & Promoti 1073 Shirt Order 474.80 $ 2,295.21 $ 204,215.04 $ 10/19/2017 635 635.912.532.028 Trash Uniforms Optima Advertising & Promoti 1073 Shirt Order 253.20 $ 1,166.82 $ 204,468.24 $ 10/19/2017 639 639.919.532.028 Wholesale Uniforms Optima Advertising & Promoti 1073 Shirt Order 105.15 $ 1,994.45 $ 204,573.39 $ 10/19/2017 639 640.913.532.028 Wholesale Uniforms Optima Advertising & Promoti 1073 Shirt Order 105.15 $ 803.20 $ 204,678.54 $ 10/19/2017 639 630.916.532.015 Wholesale Maint & Repair Ahern Rentals Accounts Rece 18141103-2 Equipment Rental 94.10 $ 21,563.48 $ 204,772.64 $ 10/19/2017 639 630.916.532.015 Wholesale Maint & Repair Central Systems Electric 204559 Maintenance 12.45 $ 21,563.48 $ 204,785.09 $ 10/19/2017 639 630.917.532.015 Wholesale Maint & Repair Clark Pest Control Inc. 20805950 Buckeye 115.00 $ 1,064.09 $ 204,900.09 $ 10/19/2017 639 630.911.521.100 Wholesale Professional Services Carson Valley Telephone 17305 Telephone fixes and upgrades at office 95.00 $ 56,312.82 $ 204,995.09 $ 10/19/2017 639 630.911.550.034 Wholesale Special Events McClain's Mobile Music VR91194900 Deposit for DJ Services for Gazebo Lighting 200.00 $ 9,347.70 $ 205,195.09 $ 10/19/2017 639 630.911.520.170 Wholesale Memberships ICMA Membership Renewals vr 91194901 Membership 932.05 $ (215.11) $ 206,127.14 $ 10/19/2017 630 630.915.532.015 General Maint & Repair Construction Sealants and Su r115284 Crack fill 240.00 $ 273,928.82 $ 206,367.14 $ 10/19/2017 630 630.915.532.001 General Op. Supplies Construction Sealants and Su r115284 Sprayer 140.00 $ 360.00 $ 206,507.14 $ 10/19/2017 639 639.919.531.006 Wholesale Chemicals Carus 10052970 Heybourne Booster Chlorine 816.40 $ 15,368.82 $ 207,323.54 $ 10/19/2017 630 630.911.520.136 General Rents & Leases Equip Ricoh USA, Inc. [PHONE REDACTED] Usage BW and Color Yard and Office 334.71 $ 4,002.91 $ 207,658.25 $ 10/19/2017 630 630.916.532.015 General Maint & Repair Accurate Mobile Locksmith, In VR911-94920 Duplicate keys 82.00 $ 21,563.48 $ 207,740.25 $ 10/19/2017 630 630.911.520.136 General Rents & Leases Equip Ricoh USA, Inc. 56505516 Contract 25285772 10-1-17 to 10-30-17 309.03 $ 4,002.91 $ 208,049.28 $ 10/19/2017 630 630.911.520.136 General Rents & Leases Equip Ricoh USA, Inc. 56505506 Support 10-1-17 to 10-30-17 65.52 $ 4,002.91 $ 208,114.80 $ 10/19/2017 630 630.911.550.034 General Special Events Costco Wholesale VR911-94918 Safe Street Candy 250.84 $ 9,347.70 $ 208,365.64 $ 10/19/2017 630 630.000.220.000 General Refundable Dep. (CVIC)Watkins, Michele CM2063 Deposit Refund 6,000.00 $ (18,700.00) $ 214,365.64 $ 10/19/2017 639 639.919.520.088 Wholesale Utilities Southwest Gas [PHONE REDACTED] 10-17 Boug Pump 37.11 $ 203,089.19 $ 214,402.75 $ 10/19/2017 630 630.916.520.088 General Utilities Southwest Gas [PHONE REDACTED] 10-17 CVIC 111.41 $ 15,232.12 $ 214,514.16 $ 10/19/2017 639 639.919.520.088 Wholesale Utilities Southwest Gas [PHONE REDACTED] 10-17 1330 Buckeye Booster 377.60 $ 203,089.19 $ 214,891.76 $ 10/19/2017 630 630.915.520.088 General Utilities Southwest Gas [PHONE REDACTED] 10-17 Buckeye Storage 25.18 $ 49,782.00 $ 214,916.94 $ 10/19/2017 630 630.916.520.088 General Utilities Southwest Gas [PHONE REDACTED] 10-17 Buckeye Storage 25.18 $ 15,232.12 $ 214,942.12 $ ---PAGE BREAK--- 10/19/2017 639 639.919.520.088 Wholesale Utilities Southwest Gas [PHONE REDACTED] 10-17 1330 Buckeye fac 22.56 $ 203,089.19 $ 214,964.68 $ 10/19/2017 640 640.913.520.088 Water Utilities Southwest Gas [PHONE REDACTED] 10-17 1330 Buckeye fac 22.56 $ 2,735.93 $ 214,987.24 $ 10/19/2017 635 635.912.520.088 Trash Utilities Southwest Gas [PHONE REDACTED] 10-17 1330 Buckeye fac 67.69 $ 4,207.83 $ 215,054.93 $ 10/19/2017 630 630.915.520.088 General Utilities Southwest Gas [PHONE REDACTED] 10-17 1330 Buckeye fac 7.53 $ 49,782.00 $ 215,062.46 $ 10/19/2017 630 630.916.520.088 General Utilities Southwest Gas [PHONE REDACTED] 10-17 1330 Buckeye fac 15.04 $ 15,232.12 $ 215,077.50 $ 10/19/2017 630 630.917.520.088 General Utilities Southwest Gas [PHONE REDACTED] 10-17 1330 Buckeye fac 15.04 $ 823.96 $ 215,092.54 $ 10/19/2017 640 640.913.562.000 Water Capital Projects Weir Floway Inc 104977 Pump for Well 11 16W02 2,000.00 $ 2,490,814.05 $ 217,092.54 $ 10/19/2017 630 630.000.220.000 General Refundable Dep. (CVIC)Main Street Minden VR911-94927 CVIC Hall Deposit Refund 500.00 $ (18,700.00) $ 217,592.54 $ 10/19/2017 630 630.000.220.000 General Refundable Dep. (CVIC)Main Street Minden VR911-94927 Park Deposit Refund 300.00 $ (18,700.00) $ 217,892.54 $ 10/19/2017 630 630.000.220.000 General Refundable Dep. (CVIC)Main Street Minden VR911-94927 Ste 201 Deposit Refund 500.00 $ (18,700.00) $ 218,392.54 $ 10/19/2017 630 630.911.520.064 General Travel Davidson, Jenifer 911-94928 Travel Expenses 664.07 $ 3,335.93 $ 219,056.61 $ 10/26/2017 640 640.913.562.000 Water Capital Projects Sierra NV Construction Water System Improvements 46,801.18 $ 2,490,814.05 $ 265,857.79 $ 10/26/2017 639 639.919.532.015 Wholesale Maint & Repair Bryant Electric 751 Well 9 2,475.76 $ 35,649.35 $ 268,333.55 $ 10/26/2017 630 630.916.532.015 General Maint & Repair Desert Star Landscaping TOM1017 Landscaping 3,480.00 $ 21,563.48 $ 271,813.55 $ 10/26/2017 640 640.000.220.000 Water MNW Construction CM2167 Deposit Hydrant Return 1,200.00 $ 273,013.55 $ 10/26/2017 630 630.916.520.187 General Internet Expense Spectrum Business 0552991101617 internet wireless service 10/26/17-11/25/17 84.98 $ (619.99) $ 273,098.53 $ 10/26/2017 640 640.913.520.060 Water Postage / PO Box Rent Pitney Bowes postage charges 410.50 $ 1,179.00 $ 273,509.03 $ 10/26/2017 635 635.912.520.060 Trash Postage / PO Box Rent Pitney Bowes postage charges 410.49 $ 1,089.51 $ 273,919.52 $ 10/26/2017 635 635.912.532.003 Trash Gas & Oil Flyers Energy LLC CFS1497006 fuel trash 728.52 $ 24,759.39 $ 274,648.04 $ 10/26/2017 630 630.916.532.003 General Gas & Oil Flyers Energy LLC fuel parks 353.11 $ 3,754.33 $ 275,001.15 $ 10/26/2017 630 630.915.532.003 General Gas & Oil Flyers Energy LLC Fuel Street 146.03 $ 1,318.00 $ 275,147.18 $ 10/26/2017 639 639.919.532.003 Wholesale Gas & Oil Flyers Energy LLC fuel wwater 1,550.81 $ 3,104.08 $ 276,697.99 $ 10/26/2017 640 640.913.532.003 Water Gas & Oil Flyers Energy LLC fuel rwater 54.37 $ 2,540.89 $ 276,752.36 $ 10/26/2017 630 630.917.532.003 General Gas & Oil Flyers Energy LLC Fuel public works 122.88 $ 794.56 $ 276,875.24 $ 10/26/2017 630 630.916.532.015 General Maint & Repair Christine Fixman Landscaping Town Proper 250.00 $ 21,563.48 $ 277,125.24 $ 10/26/2017 630 630.916.532.015 General Maint & Repair Christine Fixman Landscaping County Road 360.00 $ 21,563.48 $ 277,485.24 $ 10/26/2017 630 630.916.532.015 General Maint & Repair Christine Fixman Landscaping Roundabout 230.00 $ 21,563.48 $ 277,715.24 $ 10/26/2017 630 630.916.532.015 General Maint & Repair Christine Fixman Landscaping Jakes Maint 710.00 $ 21,563.48 $ 278,425.24 $ 10/26/2017 636 636.918.562.000 Cap Equip Capital Projects EICS 5562 CVIC Remodel Asbestos Testing 17G02 660.00 $ (3,222.50) $ 279,085.24 $ 10/26/2017 639 639.919.531.006 Wholesale Chemicals Sierra Chemical Co SLS10053416 Heybourne Booster Chlorine 816.40 $ 15,368.82 $ 279,901.64 $ 279,901.64 $ ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Consent Agenda, Item Number 2 DATE: __October 13, PREPARED BY: Ted Thran, Town Accountant SUBJECT: Adoption of Town of Minden Resolution number 2017R-75 augmenting Fiscal Year 2017/2018 Town of Minden General Fund (630) and Minden Capital Projects Fund (636) budgets and amending the Minden Water Retail Fund (640) budget for FY 16/17 Carryover Purchase Orders. PREVIOUS ACTION: • None for this item. BACKGROUND: In accordance with Nevada Revised Statues (NRS), certain actions related to the adopted budget must be approved by the governing body and reported to the State of Nevada. Among these actions are augmentations to the adopted budget, specifically, increases or decreases to revenues or expenditures under certain conditions. This item requests approval of a resolution for budget augmentation/amendments The Minden General Fund (630) , Minden Capital Projects Fund (636), and Minden Water Retail Fund (640) are being augmented/amended for FY 16/17 Carryover Purchase Orders. FISCAL IMPACT: These adjustments are internal to each Fund. ACTION TAKEN: Approve Continue Deny Approve with conditions: ---PAGE BREAK--- DOUGLAS COUNTY RESOLUTION NUMBER 2017R-075 RESOLUTION AUGMENTING/AMENDING THE 2017-18 FISCAL YEAR BUDGET FOR THE TOWN OF MINDEN WHEREAS, there is a need to augment/amend the 2017-2018 Budget for the Town of Minden as follows: MINDEN GENERAL FUND(630) Opening Fund Balance $34,534 Expenditures Capital Projects $34,534 MINDEN CAPITAL EQUIPMENT/CONSTRUCTION FUND(636) Opening Fund Balance $7,500 Expenditures Capital Projects $7,500 Whereas, there is a need to amend the 2017-2018 Budget for the Town of Minden as follows: MINDEN TOWN WATER (640) Capital Res- Beginning $144,904 Expenditures Capital Projects $144,904 ---PAGE BREAK--- NOW THEREFORE BE IT RESOLVED, that the 2017-2018 Fiscal Year Budget Augmentation/Amendments for the Town of Minden is herein approved. ADOPTED, day of 2017 VOTE: AYES NAYS ABSENT BOARD OF COMMISSIONERS DOUGLAS COUNTY, NV Chairman ATTEST: Clerk to the Board ---PAGE BREAK--- November 8, 2017 Minden Town Board Meeting Consent Agenda, Item Number 3 DATE: __October 26, PREPARED BY: Rachel Hamer, Administrative Services Manager SUBJECT: Approval of the 2017 Town of Minden Christmas Celebration on Friday, December 1, 2017 and the 22nd annual Parade of Lights from Heritage Park to Minden Park Saturday, December 2, 2017. Approval of this request includes closure of the following streets on Friday December 1st from 12:00 pm 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. Approval also includes closure of the following streets on Saturday December 2nd, 2017 from 3:00 pm to 10:00 pm: Esmeralda from US Highway 395 to Eighth Street; closure of Eighth, 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 Eighth Street. BACKGROUND: This year the Christmas Celebration will include:  The Elks annual Spaghetti Feed and Christmas Tree Bingo in the CVIC Hall (Friday night).  Gazebo lighting in Minden Park (Friday night).  Live music from the DHS Jazz Band (Friday night).  Fire pits, live music, cookies, s’mores and more (Friday night).  Children who bring a canned good item for the Food Closet receive a goodie bag and a chance to light up the Gazebo with Santa. (Friday night).  The Weihnachts Festival put on by Minden Fest in conjunction with the Minden Christmas Celebration on Saturday in the CVIC Hall with live music.  The Carson Valley Chamber of Commerce conducts the 21th Annual Parade of Lights on Saturday night with music before the parade on Esmeralda Ave. These annual events enhance the quality of life for the residents of Minden and the surrounding area and provide an economic boost for Minden’s businesses. FISCAL IMPACT: The total approved budget for the Christmas Celebration is $3,000. ACTION TAKEN: Approve Continue Deny Approve with conditions: ---PAGE BREAK--- Dear Minden Resident, The 2017 Town of Minden Christmas CelebraƟon will be on Friday, December 1st which includes closure of the following streets from 12:00 pm unƟl 10:00 pm: Esmeralda Avenue between Fourth Street and Sixth Street; FiŌh Street between Mono Avenue and the alley be‐ tween Highway 395 and Esmeralda Ave. Please contact us with any quesƟons or concerns and we look forward to seeing you there. ‐The Town of Minden Street Closure on December 1, 2017 from 12:00 pm to 10:00 pm ---PAGE BREAK--- Dear Minden Resident, The 22nd annual Parade of Lights from Heritage Park to Minden Park will be on Saturday, December 2, 2017 which includes closure of the following streets: Esmeralda from US Highway 395 to Eighth Street; closure of Eighth, Seventh, Sixth, FiŌh 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 Eighth Street from 3:00 pm to 10:00 pm Saturday December 2nd, 2017. ‐The Town of Minden Street Closure on December 2, 2017 from 3:00 pm to 10:00 pm ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Administrative Agenda, Item Number 1 DATE: __November 1, 2017 PREPARED BY: Jenifer Davidson, Town Manager SUBJECT: For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request by Partnership of Community Resources for the Town to participate in the “Plant the Promise” campaign by planting and maintaining red tulips to demonstrate the Town’s commitment to remain a healthy and drug free community. Appearance by Kendyl Rioux and Allie Ramsey on behalf of Partnership of Community Resources. Public comment. PREVIOUS ACTION:  None for this item. BACKGROUND: “The Partnership of Community Resources is a non-profit community coalition founded in 1992 to support and strengthen networking amongst Douglas County residents and bring new programming into the community while attempting to eliminate duplicate services for the same target populations. Members include the Board, Staff, Advisory Teams, Agency Partners and Community Stakeholders who work together to: 1) address countywide health issues, 2) share information, 3) provide up-to-date training, 4) be consistent and strategic as a community, and 5) facilitate the development of countywide strategies to affect the issues of youth and family substance abuse, violence, mental health and economic challenges. Utilizing the Strategic Prevention Framework model, Communities that Care model and the Search Institute’s Asset model, the Partnership and community collaborators work together to centralize data collection, assess needs, prioritize risk and protective factors and build assets around prioritized risk factors.” [http://www.partnership-resource.org/history/] Mission Statement: Providing a network of citizens, businesses, and agencies for cooperation, planning and interaction to maximize resources and address the changing needs of our community through substance abuse prevention and wellness promotion. Vision: “Connecting for a Caring Community” At the meeting, the Partnership of Community Resources will present the “Plant the Promise’ campaign to the Town Board and request that the Town participates in the project by planting and maintaining red tulips to demonstrate the Town’s commitment to remain a healthy and drug free community. FISCAL IMPACT: Town staff anticipates the cost associated with planting and maintaining the flowers for this project will not exceed $250 annually. STAFF RECOMMENDATION: Staff recommends the Board approve a request by Partnership of Community Resources for the Town to participate in the “Plant the Promise” campaign by planting and maintaining red tulips to demonstrate the Town’s commitment to remain a healthy and drug free community. ACTION TAKEN: Approved Continued Denied Approved with conditions: ---PAGE BREAK--- 1 Davidson, Jenifer From: Daria Winslow <[EMAIL REDACTED]> Sent: Wednesday, October 18, 2017 11:20 AM To: Davidson, Jenifer Cc: Kendyl Rioux; Taylor Radtke Subject: Town of Minden Board Meeting November 8th Attachments: Plant the Promise - Yard Sign Graphic 8.22.17.pdf Hello! Here is our formal request to be placed on the Town of Minden’s agenda for the upcoming meeting, November 8st. We are implementing a campaign called “Planting the Promise” which is part of the national campaign for Red Ribbon Week. Our main goal for this is to have businesses and organizations help us take ownership of this campaign by taking a minimum of 25 tulip bulbs, planting them, and in the spring when they bloom help maintain them. We will have signs to go along with the bulbs stating the campaign and how we are using it to show Douglas County’s promise to be and remain healthy. We would like the Town of Genoa to participate. 15 minute presentation. Attached we have the document we would like placed in the board members packet. Regarding the “Plant the Promise” document we can add or takeoff logos as preferred for the Town of Minden. My coworkers, Kendyl Rioux and/or Allie Ramsey, will be in attendance to present our plan with possibly students form our youth group, S.T.O.P. We would like the board to decide if they would like to participate in our campaign by receiving tulip bulbs, planting them, and maintaining them when the bloom in the spring. Thank you, Daria Winslow Partnership of Community Resources PO Box 1517 Church Street Minden, NV 89423 [PHONE REDACTED] phone [PHONE REDACTED] fax “ Connecting For A Caring Community” ---PAGE BREAK--- PLANT the Promise These red tulip gardens can be found in multiple locations across Douglas County and serve as a reminder to our residents that we live, work, and play in a beautiful, healthy, and drug free community. For more information, visit www.partnership-resource.org. Connecting for a Caring Community ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Administrative Agenda, Item Number 2 DATE: __November 1, PREPARED BY: Jenifer Davidson, Town Manager SUBJECT: For possible action: Discussion and possible action to formally accept, accept with conditions, continue or deny water system improvements for Heybourne Meadows Phase IID, formally known as the Ranch at Gardnerville Phase IID. Appearance by Rob Anderson, Principal Engineer, RO Anderson Engineering. Public comment. PREVIOUS ACTION:  December 7, 2017, Board Meeting: Board accepted the subject water system improvements for the Ranch at Gardnerville, Phases I and IA, IIA and IIB as requested with the condition that the Town of Minden specifically reserves any and all claims, counterclaims, third party claims, and defenses related or arguable in relation to any claim, cause of action or demand made against or upon the Town by any entity or individual related to its water system, water, and/or its/the water system improvements.  July 5, 2017, Board Meeting: The Board denied acceptance of the water system improvements for Heybourne Meadows Phase IIC, formally known as the Ranch at Gardnerville Phase IIC, until there are residential hookups. BACKGROUND: In the attached letter dated October 24, 2017, the Town of Minden received a formal Notice of Completion for the water system related improvements constructed within in Phase IID of Heybourne Meadows, also known as the Ranch at Gardnerville. At this time the applicant is requesting that the Town take action to formally acknowledge and accept these improvements for maintenance. The improvements have been inspected and tested at the request of the applicant by Town Staff. This is the second time the Town of Minden has been offered water system improvements without a single permit issued or a single residential connection established. If approved, the Town would accept responsibility for maintenance of the infrastructure without the revenue generated from the customer base that will be served by the infrastructure. As the Board is aware, the water customer rates cover the cost to operate, maintain and to eventually repair and replace infrastructure. It is unknown when, if ever this phase of the project would be developed. Without a customer base, the existing customers for the Town would be covering these costs until such a time as this phase could be developed. As mentioned previously, Town Staff asked a number of utilities what the policy has been for each entity in similar circumstances. Douglas County, Gardnerville Water and Minden Gardnerville Sanitation District have each accepted improvements prior to a permit being issued or a customer being served by the infrastructure in question. Other utilities not located in Douglas County have required at least one connection be made at the time the improvements are accepted. ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Administrative Agenda, Item Number 2 Town Staff advised the applicant, that because there is not a single connection on this phase of the system, the recommendation on this phase will be the same as Phase IIC. FISCAL IMPACT: Unknown. It depends on the amount of time it takes to develop this phase of Heybourne Meadows Phase IID, formally known as the Ranch at Gardnerville Phase IID. If approved the Town would assume the maintenance responsibilities, liability and depreciation costs for the infrastructure effective immediately. STAFF RECOMMENDATION: Staff recommends the Board deny water system improvements for Heybourne Meadows Phase IID, formally known as the Ranch at Gardnerville Phase IID, until at least one water permit is issued, and one service is established for this phase. ACTION TAKEN: Approved Continued Denied Approved with conditions: ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- November 8, Minden Town Board Administrative Agenda, Item Number 3 DATE: __November 1, 2017_____ PREPARED BY: Jenifer Davidson, Town Manager JD Frisby, Superintendent of Public Works SUBJECT: For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request to add a new capital improvement project to the budget for Fiscal Year 2018/2019 to include possible removal of the large planter in Minden Park with the evergreen tree adjacent to the flag pole and replace both with a splash pad. Discussion and possible action may include the review and approval of a design and an Engineer’s Estimate of Probable Cost for the project. Appearance by JD Frisby, Town Superintendent of Public Works. Public comment. PREVIOUS ACTION:  April 2016, Board Meeting: Board approved the revised Town of Minden Ten Year CIP, including designating $250,000 for the rehabilitation/reinforcement of the Gazebo in Minden Park.  January 4, 2017, Board Meeting: Board directed Staff to come back to the Board with conceptual designs for improvements to Minden Park as well as the plaza concept for 5th Street.  March 1, 2017, Board Meeting: Board reviewed and discussed the structural analysis of the Gazebo.  August 2, 2017, Board Meeting: Board discussed the Minden Park Gazebo project and voted to not proceed with the closure of 5th street, to defer consideration for bathrooms and retro fit gazebo for the strategic planning session in September.  September 13, 2017, Special Meeting: Board reviewed and discussed the Town of Minden Capital Improvement Projects including Minden Park. Board directed Town Staff to not complete the previously Board approved Rotary Weathervane monument project until the Board could discuss what to do with the large planter and tree located adjacent to the flagpole.  October 3, 2017, Board Meeting: Board directed Staff to bring back design options for the Board with an Engineer’s Estimate of Probable Cost to replace the tree and put in a splash pad in Minden Park. BACKGROUND: In April of this year, the Board approved the revised Town of Minden Ten Year CIP, including designating $250,000 for the rehabilitation/reinforcement of the Gazebo in Minden Park. Since that time Town Staff met with a Structural Engineer from the engineering services pool to conduct a structural analysis on the Gazebo. The results and recommendations from that analysis were shared with the Board in March. During the Capital Projects portion of the Strategic Planning Session at the special meeting in September, the Board further discussed the restrooms and expanding the entire project to include all or additional portions of Minden Park. Among the options considered at that meeting was the possible removal/modification of the large planter in Minden Park with the evergreen tree adjacent to the flag pole. This item appears on the agenda pursuant to Board direction to provide the Board an opportunity to further discuss and consider potential modifications to the aforementioned planter and to ---PAGE BREAK--- November 8, Minden Town Board Administrative Agenda, Item Number 3 provide direction regarding the possibility of installing a splash pad. A possible design for the splash pad is included here for consideration. Because Town Staff anticipates Board direction on this item may be to transplant the evergreen tree, Staff spoke to a local tree company (Genoa Tree) to obtain a cost estimate of $3,000-$5,000 for relocation. The likelihood of the tree surviving relocation is estimated to be between 60-70%. It appears the tree’s growth is partially stunted currently because of the lack of space for the roots to expand in the existing planter. If the Board elected to transplant the tree, Town Staff identified the following options for relocation:  Dedication to Douglas County for placement at the Historic County Courthouse with memorial plaque.  Bougainvillea Park with memorial plaque.  Westwood Park as centerpiece of “memorial plaza.” This would be similar in function and feel to Statue Park, but with a tree as the centerpiece and memorial benches and bricks to surround.  Minden Public Works (Buckeye Facility) FISCAL IMPACT: The Engineer’s Estimate of Probable Cost for removal of the tree and planter and installation of the splash pad is attached here for Board consideration and reference. STAFF RECOMMENDATION: Staff recommends the Board approve a request to add a new capital improvement project to the budget for Fiscal Year 2018/2019 to include possible removal of the large planter in Minden Park with the evergreen tree adjacent to the flag pole and replace both with a splash pad. ACTION TAKEN: Approved Continued Denied Approved with conditions: ---PAGE BREAK--- ---PAGE BREAK--- Minden Park Splash Pad Project 1‐Nov‐17 JDF 1 Demolition 1 LS $ 4,000.00 $ 4,000.00 2 Splash Pad Package w/Installation 1 LS $ 52,500.00 $ 52,500.00 3 Misc. Electrcal and Water Connections 1 LS $ 7,500.00 $ 7,500.00 $ 60,000.00 10% $ 6,000.00 $ 66,000.00 CONTINGENCY CONSTRUCTION TOTAL Town Of Minden Engineer's Opinion of Probable Cost GENERAL CONSTRUCTION SUBTOTAL UNIT PRICE AMOUNT NO. DESCRIPTION EST. QTY UNIT ---PAGE BREAK--- • 30 x 40 1200sq ft. SPLASH PAD AS FOLLOWS: • (12) SPUSA Housings and nozzles • SPUSA Plate Geyser • Misc. parts and fittings Sch. 40 and sch. 80 • SPUSA 16’x16’ drain • 3-way diverter valve • UV sanitizer HVO 3 • 200 Square foot cartridge filter • 4 Solenoid manifolds • Underground 300-gallon water tank • Electronic water filler • 1.5 Horsepower pump • SPUSA Control box • SPUSA Foot pad activator • Inline chlorinator • 4” Concrete slab installed with medium broom finish Complete Turn Key Service: $52,500.00 OWNER’s RESPONSIBILITIES • 1” water line to pad area within 5 ft • Electrical 220v brought to pad site • All permits, permit fees, and inspections PROPOSAL/CONTRACT This proposal and all documents moving forward in any form are confidential and intended solely for the use of the individual or entity to whom they are addressed. These documents contain confidential information and are intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy any or all information pertaining to SplashPadsUSA. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited and punishable by law. Any third-party viewer must be authorized via signature from SplashPadsUSA. Sole Property of SpalashPadsUSA. November 1, 2017 Customer Representative DATE SplashpadsUSA Representative DATE PROJECT NAME: MINDEN LOCATION: TOWN OF MINDEN, NV CONTACT: JOHN FRISBY [PHONE REDACTED] [EMAIL REDACTED] SITE: CITY PARK $52,500.00 ---PAGE BREAK--- ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Administrative Agenda, Item Number 4 DATE: __November 1, 2017 PREPARED BY: Jenifer Davidson, Town Manager SUBJECT: For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a “License Agreement Between the County of Douglas, Nevada, the Town of Minden, Nevada and Mobilitie, LLC for the Limited Use of Certain Public Rights-of- Way” to install and maintain communication equipment on a Town of Minden owned street-light for an annual licensing fee for 10 years and authorize the Chairman to execute the same in a format acceptable to Town Counsel. Appearance by David Griffith, Permitting Manager, Mobilitie LLC. Public comment. PREVIOUS ACTION:  None for this item. BACKGROUND: Included for Board consideration of this request is general project description and information about Mobilitie LLC. The applicant desires to enter into a License Agreement between the Town and Douglas County to install and maintain communication equipment on a Town of Minden owned street-light. FISCAL IMPACT: If approved the Town would receive an annual licensing fee pursuant to the agreement for the duration of the agreement. Town Staff proposes this funding be used for street- light repair and replacement in the Town. STAFF RECOMMENDATION: Because this agreement is limited to one specific location within the Town, Town Staff recommends the Board approve a “License Agreement Between the County of Douglas, Nevada, the Town of Minden, Nevada and Mobilitie, LLC for the Limited Use of Certain Public Rights-of-Way” to install and maintain communication equipment on a Town of Minden owned street-light for an annual licensing fee for 10 years. ACTION TAKEN: Approved Continued Denied Approved with conditions: ---PAGE BREAK--- 2955 Red Hill Avenue Suite 200 Costa Mesa, California 92660 1 EXPLANATION OF INTENT Mobilitie, LLC is the largest privately held public utility in the country, and the only utility company with competitive local exchange carrier (CLEC) status in all 50 states. Mobilitie LLC is developing a nationwide hybrid data transport network that provides high-speed, high-capacity bandwidth in order to facilitate the next generation of devices and data-driven services and to meet the ever-growing demand for connectivity. This network combines fiber, repeaters, and microwave technologies to ensure that the network is cost-efficient, low-impact to communities, and can be effectively upgraded and augmented in the future. Mobilitie’s hybrid transport network can be used to support remote weather monitoring stations, e911 services, mobile service providers, agricultural equipment, and healthcare facilities. To this end, Mobilitie installs and operates transport utility structures that augment and extend backhaul solutions while improving connectivity. Although the Mobilitie transport network can provide backhaul solutions for mobile service providers, Mobilitie is not a wireless carrier providing services to end users. Mobilitie does not own any FCC regulated spectrum. Just as an extension cord connects an end-user product and a power source, Mobilitie is simply providing the infrastructure to support high speed data transmission. The infrastructure includes microwave equipment, power conversion and distribution equipment, optical fiber interface equipment, grounding sources, and actual poles when necessary. Where there are new pole installations or replacement poles to support the equipment, the new pole will be designed to match the aesthetics of the existing poles in the area. Mobilitie will therefore control, manage, and be responsible for the operation of the facilities it seeks to place in the public right-of-way. Mobilitie’s proposed development will enhance the quality of communication for residents and commuters in the surrounding areas by offsetting network data capacity stress on existing wireless infrastructure and delivering coverage to areas that are underserved due to geographic location. Furthermore, this technology helps enhance public safety by helping emergency responders more accurately locate 911 callers. Mobilitie’s proposed network consists of a variety of installations including attachments of small cell equipment to existing utility infrastructure and the placement of new utility poles, all located within public rights-of-ways. HOW SITES ARE SELECTED Site selection is based on radio frequency data to provide the most favorable coverage possible. Due to the nature of microwave backhaul, line-of-sight to existing transport utility poles is critical and must be maintained. The location for each site has been strategically selected based on research conducted on the nature of network data usage at various locations. Each site has been positioned to design the whole network in a way which enables users to access uninterrupted service on the move. The proposed method for interconnection is a completely elevated wireless network concept. The sites include elevated LTE UE relays which establish the aerial wireless interconnection. This method has been developed for 4G LTE advanced wireless technology to enhance coverage and capacity for better end user performance. It was completely standardized by 3GPP in LTE release 10 to fulfill the requirements of International Mobile Telecommunications Advanced (IMTAdvanced) specified by International Telecommunication Union-Radio communication (ITU-R). The antenna and UE Relay heights are engineered in such a way that they have enough height that coverage targets are served, but are low enough to allow for suitable maintenance. The heights are required to provide adequate signal strength to consumers keeping all surrounding obstructions such as trees, building etc. in mind. The designs are such that a lower height would reduce the service area for the site significantly, which would compromise the design and could result in the requirement of more site locations in the area. We definitely want to keep the number of telecommunication site locations to a suitable necessary amount for optimal coverage and capacity. ---PAGE BREAK--- 2955 Red Hill Avenue Suite 200 Costa Mesa, California 92660 2 HOW IT WORKS Transport poles and small cell antennas work in tandem to ensure coverage capacity goals are met. Small cell sites densify coverage by wirelessly relaying the source signal from the transport poles, then repeating this source signal to the end user via our small cell antenna. This allows for network densification without adding larger, and less aesthetic wireless facilities. As future capacity requirements increase, the transport poles allow for utilization of small cell sites to fill coverage gaps. ---PAGE BREAK--- 2955 Red Hill Avenue Suite 200 Costa Mesa, California 92660 3 DESCRIPTION OF FACILITIES Mobilitie’s proposed network consists of a three types of installations, which include attachments of a small cell to an existing utility pole or light pole, attachments of a small cell to a proposed new utility pole, and installation of a new transport utility pole, typically proposed with heights of 75’ to 120’ (this approach replaces typical trenching and undergrounding of fiber to serve a similar purpose). The proposed height is driven by line of site issues to “see” over taller buildings, trees and other obstructions to communicate, or send data, to another transport utility pole. SMALL CELL ATTACHMENT TO EXISTING STREET LIGHTS AND UTILITY POLES Design: Attachment of a 2’ to 3’ omni-directional antenna and associated auxiliary equipment to existing street light and utility pole infrastructure within the public right-of-way. Analysis: A number of considerations are taken into account when selecting a small cell attachment site location, including, the identified coverage area, availability of existing infrastructure within the right-of-way, height of existing infrastructure, feasibility of using existing infrastructure, and zoning district. Industrial and commercial use zones are prioritized when possible. Choosing an effective site requires evaluating a search ring provided by our client to identify the coverage area it wishes to address. With the search ring area identified, the next step is to determine which types of existing infrastructure are available in this area. For our proposed project, many identified coverage areas have existing infrastructure within the right-of-way, such as street lights and utility poles. SMALL CELL ATTACHMENT TO A NEW WOOD UTILITY POLE Design: Installation of a 35’ to 75’ wood utility pole within the public right-of-way. Analysis: When existing street lights and utility poles are not available, or do not meet the structural or technical requirements to support Mobilitie’s proposed equipment, a new wooden utility pole is installed. Mobilitie’s wood utility poles are designed to be minimally intrusive and match the existing utility poles for the most favorable aesthetic impact. TRANSPORT POLES Design: Installation of 75’ to 120’ steel transport poles within existing public right-of-way. Analysis: The equipment height of the proposed installation has been engineered to a height tall enough to serve target coverage areas, yet also low enough to allow for safe maintenance. The proposed height of this installation is required to provide adequate signal strength to support Mobilitie’s proposed small cell installations, keeping all surrounding potential obstructions such as trees, buildings, and existing wireless transmission in mind. The design is such that a lower height would significantly reduce the service area intended for this particular installation, which would necessitate installation of many more utility poles in existing rights-of-way. Every effort has been made to consider attachment possibilities within each target coverage area for proposed installations. New poles are only being proposed when no existing infrastructure meets the height and structural integrity requirements to support the proposed equipment in the target coverage area. Installing new poles will bring a number of benefits, including lower operational costs for those providing service to end users, easier network maintenance and network upgrades, and cutting edge technology exceeding that of existing fiber networks. ---PAGE BREAK--- 2955 Red Hill Avenue Suite 200 Costa Mesa, California 92660 4 PUBLIC UTILITY STATUS Mobilitie is a privately held, CLEC (Competitive Local Exchange Carrier) regulated by the California Public Utilities Commission to provide telephone related services, such as facilities based competitive local exchange and interexchange services. CEQA EXEMPTIONS AND COMPLIANCE Attached is a copy of the Decision granting Mobilitie a Certificate of Public Convenience and Necessity (“CPCN”) from the Public Utilities Commission of the State of California (“CPUC”). Section 3 of the Decision, found on pages 3-7, discusses Mobilitie’s exemptions under the California Environmental Quality Act (“CEQA”). In this Section, you will find that Mobilitie is eligible for Class 3, Class 4, and Class 32 Exemptions under CEQA. Furthermore, you will find that the CPUC states that Mobilitie’s activities would in almost all circumstances be very likely to qualify for an exemption from CEQA. ---PAGE BREAK--- 438989 - 1 - ALJ/SMW/gd2 Date of Issuance 12/3/2010 Decision 10-12-004 December 2, 2010 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Mobilitie, LLC for a Certificate of Public Convenience and Necessity to Provide Full Facilities-Based and Resold Competitive Local Exchange Service, Access and Interexchange Service in the State of California. Application 10-07-023 (Filed July 22, 2010) DECISION GRANTING MOBILITIE, LLC A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY IN ORDER TO PROVIDE RESOLD AND FULL FACILITIES-BASED LOCAL EXCHANGE SERVICE AND INTEREXCHANGE SERVICE 1. Summary Mobilitie, LLC filed an application for a certificate of public convenience and necessity for authority to provide resold and full facilities-based local exchange telecommunications services in the service territories of Pacific Bell Telephone d/b/a AT&T California, Verizon California Inc., Citizens Telecommunications Company of California, Inc., and SureWest Communications, and to provide resold interexchange service in California. By this decision, we grant Mobilitie, LLC a certificate of public convenience and necessity to provide resold and full facilities-based local exchange telecommunications services and resold interexchange in California on the terms and conditions set forth in the Ordering Paragraphs. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 2 - 2. Background On July 22, 2010, Mobilitie, LLC, (a Nevada limited liability corporation authorized to operate in California as a foreign corporation) filed an application for a certificate of public convenience and necessity (CPCN) to provide resold and full facilities-based telecommunications services in the service territories of Pacific Bell Telephone d/b/a AT&T California (AT&T), Verizon California Inc. (Verizon), Citizens Telecommunications Company of California, Inc. (Citizens), and SureWest Communications (SureWest) and provide interexchange service in California. On July 22, 2010, Mobilitie, LLC also filed a motion for leave to file under seal its Exhibit E to the application. Notice of Application 10-07-023 appeared on the Commission’s Daily Calendar on July 29, 2010. On September 1, 2010, the assigned Administrative Law Judge (ALJ) issued Administrative Law Judge Ruling Requiring Applicant to File a Response to Information Request Within 10 Days (Ruling), to which Mobilitie, LLC filed a response on September 7, 2010. Mobilitie, LLC proposes to provide both intrastate and interstate services on a platform known as a “Distributed Antenna System” (DAS). The services will be customized to the transport and backhaul needs of carrier customers, and may also include services related to fiber based backhaul for macro, micros, and pico cellular sites. Mobilitie, LLC may also provide enterprise data networking services to Internet Service Providers (ISP) or other large enterprise data customers. Mobilitie, LLC’s principal place of business is located at 660 Newport Center Drive, Suite 200, Newport Beach, CA 92660. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 3 - 3. California Environmental Quality Act (CEQA) Pursuant to CEQA and Rule 2.41 of the Commissions Rules of Practice and Procedure, the Commission examines projects to determine any potential environmental impacts in order that adverse effects are avoided and environmental quality is restored or enhanced to the fullest extent possible under CEQA. In its application and Proponent’s Environmental Assessment, Mobilitie, LLC proposed construction activities that will generally include but not be limited to micro-trenching, regular trenching, directional bore digging, installation of underground conduit in existing rights of way and utility easements, replacement of existing utility poles, installation of new poles, and installation of underground vaults to accommodate communications equipment. Construction will take place in existing rights-of-way and utility easements. These activities may fall within the following (Non-Exhaustive) classes of projects that are exempt from CEQA and for which neither an EIR nor a Negative Declaration is required. • Class 3 Exemption: construction including water main, sewage, electrical, gas and other Mobilitie, LLC extensions of reasonable length to serve such construction. This includes the construction of limited numbers of new small facilities or Mobilitie, LLC extensions. 14 CCR § 15303. • Class 4 Exemption: minor public or private alterations in the condition of land, water, and/or vegetation which do not involve the removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Among other things, this 1 Unless otherwise noted, items labeled “Rule” are from the Commission’s Rules of Practice and Procedure. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 4 - included filling of earth into previously excavated land with material compatible with the natural features of the site, and minor trenching and backfilling where the surface is restored. 14 CCR § 15304. • Class 32 (“in fill”) Exemption: applies where: i) the projects are consistent with the applicable general plan designation and applicable general plan policies and applicable zoning designation and regulation; ii) proposed development occurs within city limits on a project site of more than five acres substantially surrounded by urban uses; iii) the project site has no value as habitat for endangered, rare or threatened species; iv) approval of the project would not result in significant effects relating to traffic, noise, air quality, or water quality; and v) the site can be adequately served by all required utilities and public services. 14 CCR § 15332. Mobilitie, LLC’s proposed activities involve: 1) construction of reasonably short extensions (Class 2) ground disturbing activity limited to primarily minor trenching and back filling (Class and will occur in heavily developed urban and suburban areas which meet the criteria for urban in-fill (Class 32). In order to provide its service, Mobilitie, LLC will install its Distributed Antenna System (DAS), including a Base Station Hotel, Base Transceiver Station (BTS) Equipment, Optical Conversion equipment, fiber optic cable, remote nodes, antenna, underground conduit, and access points, on utility poles and in underground vaults. Exemption of these activities is consistent with Commission precedent. Mobilitie, LLC’s proposed new construction activities are similar to those undertaken by other carriers that we have decided are categorically exempt from CEQA.2 2 See Decision 10-04-038 (SnowCrest Telephone, Inc.) and D.10-01-014 (Pacific Lightwave). ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 5 - Mobilitie, LLC requests leave to utilize a procedure for expedited review of its projects once it is aware of a specific site(s) in which it plans construction. The proposed procedure tracks the expedited review process that we have approved for other carriers. Such a process will expedite CEQA review and is appropriate for any type of construction that is categorically exempt. By establishing this expedited review process, we are able to review the information on a specific project to confirm that it is categorically exempt from CEQA or explain why further environmental review is required. At the same time, the proposed CEQA review process will enable Mobilitie, LLC to undertake construction of its projects in an efficient manner without experiencing delays caused by an unnecessarily protracted CEQA review. Similar to the procedure approved for other carriers, the following procedure will be used to obtain Commission approval of Mobilitie, LLC’s claimed CEQA exemptions for proposed construction projects: • Mobilitie, LLC will provide the Commission’s Energy Division with: o A detailed description of the proposed project, including: • Customer(s) to be served; • The precise location of the proposed construction project; and • Regional and local site maps. o A description of the environmental setting, to include at a minimum: • Cultural, historical, and paleontological resources; • Biological resources; and • Current land use and zoning. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 6 - o A construction workplan, to include: • Commission Preconstruction Survey Checklist— Archaeological Resources; • Commission Preconstruction Survey Checklist—Biological Resources; • A detailed schedule of construction activities, including site restoration activities; • A description of construction/installation techniques; • A list of other agencies contacted with respect to siting, land use planning, and environmental resource issues, including contact information; and • A list of permits required for the proposed project. o A statement of the CEQA exemption(s) applicable to the proposed project; and o Documentation and factual evidence sufficient to support a finding that the claimed exemption(s) is (are) applicable. • The Energy Division will review Mobilitie, LLC’s submission for the proposed project to confirm that the claimed exemption(s) from CEQA are applicable. • Within 21 days from the date of Mobilitie, LLC’s submittal, the Energy Division will issue either: o A Notice to Proceed (NTP) and file a Notice of Exemption with the State Clearinghouse, Office of Planning and Research, or o A letter of denial stating the specific reasons why the claimed exemption(s) are not applicable to the proposed project. We have reviewed the application and Supplement and find that: • Mobilitie, LLC’s proposed facilities-based project activities are very limited; ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 7 - • These activities would in almost all circumstances be very likely to qualify for an exemption from CEQA; and • The proposed process for reviewing the applicability of CEQA exemptions to Mobilitie, LLC’s facilities-based projects is not only adequate for the Commission’s purposes as CEQA Lead Agency, but is also in the public interest because it enables Mobilitie, LLC to respond in a timely manner to requests for service without the delay or burden of a full CEQA review when such review is unnecessary. We therefore authorize Mobilitie, LLC to follow the process described in the order herein, for Commission review of claimed CEQA exemptions for construction projects undertaken pursuant to Mobilitie, LLC’s full facilities- based authority, based on the specific facts of this case with the following modifications related to the Commission’s Energy Division review and approval or disapproval of the proposed exemptions. • If the Energy Division disapproves Mobilitie, LLC’s claimed CEQA exemption(s), and issues a letter of denial to Mobilitie, LLC, Mobilitie, LLC must either re-design the specific project and facilities and then reapply for a finding of exemption from CEQA, or file a formal application with the Commission seeking the requisite approval and full CEQA review, before commencing any construction activities. Mobilitie, LLC shall not perform any full facilities-based construction activities without first obtaining an NTP from the Energy Division or authorization by the Commission after the requisite environmental review. We have previously determined that the public convenience and necessity require that competition be allowed in the provision of competitive local exchange service, R.95-04-043/I.95-04-044. Granting this application will benefit the public interest by expanding the availability of technologically advanced telecommunications services within the state. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 8 - 4. Financial Qualifications Pursuant to Rule 4.B of D.95-12-056, an applicant for a CPCN for authority to provide facilities-based local exchange service must demonstrate that it has $100,000 cash or cash equivalent to meet the firm’s start-up expenses. Applicant must also demonstrate that it has sufficient additional resources to cover all deposits required by other telecommunications carriers in order to provide service in California. In Exhibit E to the application and Exhibit A to its response to the Ruling, Mobilitie, LLC provided bank statements showing that $100,000 plus an amount equal to any deposits required by AT&T, Verizon, Citizens, and SureWest would be available to Mobilitie, LLC. Mobilitie, LLC has therefore demonstrated that it has sufficient funds to meet its start-up expenses and any deposits required by service providers, and has fulfilled this requirement. 5. Technical Qualifications To be granted a CPCN for authority to provide local exchange and interexchange service, an applicant must make a reasonable showing of managerial and technical expertise in telecommunications or a related business.3 Mobilitie, LLC supplied biographical information on its management in Exhibit F to its application that demonstrated that it has sufficient expertise and training to operate as a telecommunications provider. Mobilitie, LLC also verified that no one associated with or employed by Mobilitie, LLC as an affiliate, officer, director, partner, or owner of more than 10% of Mobilitie, LLC was previously associated with a telecommunications 3 D.95-12-056 at Appendix C, Rule 4.A. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 9 - carrier that: filed for bankruptcy; was sanctioned by the Federal Communications Commission or any state regulatory agency for failure to comply with any regulatory statute, rule, or order; or has been found either civilly or criminally liable by a court of appropriate jurisdiction for a violation of § 17000, et seq. of the California Business and Professions Code, or for any actions which involved misrepresentations to consumers, nor is currently under investigation for similar violations. For the above reasons, we find that Mobilitie, LLC is in compliance with the managerial and technical requirements of D.95-12-056. 6. Tariffs Commission staff reviewed Mobilitie, LLC’s draft tariffs for compliance with Commission rules and regulations. The deficiencies are noted in Attachment A to this decision. In its compliance tariff filing, Mobilitie, LLC shall correct these deficiencies as a condition of our approval of its application. 7. Map of Service Territory To be granted a CPCN for authority to provide local exchange service, an applicant must provide a map of the service territories it proposes to serve.4 In Exhibit D to the application, Mobilitie, LLC provided a map of the location of its proposed service territory, in compliance with this requirement. 8. General Order 104-A Statement Rule 3.1(i) sets forth the requirement that a utility filing an application under Pub. Util. Code §1001, provide a statement regarding General Order (GO) 104-A. In Section 14 of the application, Mobilitie, LLC states that it has no 4 D.95-12-056 at Appendix C, Rule 4.E. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 10 - reportable matters pursuant to GO 104-A, Section 2. On a going forward basis, though, Mobilitie, LLC must file all reports required of a public utility under Commission jurisdiction. 9. Expected Customer Base Mobilitie, LLC provided its estimated customer base for the first and fifth years of operation in Section 15 of its application. Therefore, Mobilitie, LLC has complied with this requirement. 10. Request for Treatment as a Non-dominant Carrier Mobilitie, LLC requests treatment as a non-dominant carrier, which would include exemption from the requirements of Pub. Util. Code 816-830 concerning stocks and security and § 851 concerning the encumbrance and transfer of Mobilitie, LLC property. The Commission detailed its rules regarding exemption of non-dominant carriers in D.85-01-008, and subsequently modified in D.85-07-081 and D.85-11-044. We grant Mobilitie, LLC’s request for non-dominant carrier status, provided that they follow all rules detailed in the above referenced decisions. 11. Conclusion We conclude that the application conforms to our rules for certification as a competitive local exchange and interexchange carrier. Accordingly, we grant Mobilitie, LLC a CPCN to provide resold and full facilities-based local exchange telecommunications service in the service territories of AT&T, Verizon, Citizens, and SureWest, and resold interexchange services in California, subject to compliance with the terms and conditions set forth in the Ordering Paragraphs. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 11 - 12. Request to File Under Seal Pursuant to Rule 11.4 of the Commission’s Rules of Practice and Procedure, Mobilitie, LLC has filed motions for leave to file Exhibit E to the application and Exhibit A to its response to the Ruling as confidential materials under seal. Mobilitie, LLC represents that the bank statements included in these exhibits are of a sensitive nature, and disclosure could place Mobilitie, LLC at a competitive disadvantage. We have granted similar requests in the past and do so here. 13. Categorization and Need for Hearings In Resolution ALJ 176-3259, dated August 12, 2010, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protests have been received. There is no apparent reason why the application should not be granted. Given these developments, a public hearing is not necessary, and it is not necessary to disturb the preliminary determinations. 14. Comments on Proposed Decision The proposed decision of ALJ Wilson in this matter was mailed to parties in accordance with Section 311 of the Public Utilities Code, and comments were allowed under Rule 14.3 of the Commission’s Rules of Practice and Procedure. No comments were filed. 15. Assignment of Proceeding Timothy Alan Simon is the assigned Commissioner and Seaneen M Wilson is the assigned ALJ in this proceeding. Findings of Fact 1. Notice of the application appeared on the Daily Calendar on July 29, 2010. No protests have been filed. A hearing is not required. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 12 - 2. The Commission is the Lead Agency for this project under CEQA. 3. Mobilitie, LLC’s proposed construction activity falls within one or more CEQA categorical exemptions. 4. Mobilitie, LLC’s authority to provide local exchange services will not have a significant adverse effect upon the environment. 5. Mobilitie, LLC has a minimum of $100,000 of cash or cash equivalent that is reasonably liquid and readily available to meet its start-up expenses. 6. Mobilitie, LLC has sufficient additional cash or cash equivalent to cover deposits that may be required by other telecommunications carriers in order to provide the proposed service. 7. Mobilitie, LLC’s management possesses sufficient experience, knowledge, and technical expertise to provide local exchange services to the public. 8. No one associated with or employed by Mobilitie, LLC as an affiliate, officer, director, partner, or owner of more than 10% of Mobilitie, LLC was: previously associated with a telecommunications carrier that filed for bankruptcy; was sanctioned by the Federal Communications Commission or any state regulatory agency for failure to comply with any regulatory statute, rule, or order; or was previously associated with any telecommunications carrier that has been found either civilly or criminally liable by a court of appropriate jurisdiction for a violation of § 17000, et seq. of the California Business and Professions Code, or for any actions which involved misrepresentations to consumers, nor is currently under investigation for similar violations. 9. Except for the deficiencies identified in Attachment A to this decision, Mobilitie, LLC’s draft tariffs comply with the Commission’s requirements. 10. Mobilitie, LLC provided a map of the location of its proposed service territory. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 13 - 11. Mobilitie, LLC has no information to report under Rule 3.1(i), which requires that a utility filing an application under Pub. Util. Code §1001, provide a statement regarding compliance with GO 104-A. 12. Mobilitie, LLC provided an estimate of its customer base for the first and fifth year of operation. 13. Pursuant to Rule 11.4, Mobilitie, LLC filed a motion for leave to file confidential materials under seal, including Exhibit E to the application and Exhibit A to its response to the Ruling. Conclusions of Law 1. Mobilitie, LLC should be granted a CPCN to provide resold and full facilities-based local exchange telecommunications service in the service territories of AT&T, Verizon, Citizens, and SureWest and resold interexchange service in California, subject to the terms and conditions set forth in the Ordering Paragraphs. 2. Mobilitie, LLC should be allowed to use the Energy Division 21-day CEQA exemption process. 3. Mobilitie, LLC, once granted a CPCN, should be subject to the applicable Commission rules, decisions, General Orders, and statutes that pertain to California public utilities. 4. Mobilitie, LLC’s initial tariff filing should correct the tariff deficiencies shown in Attachment A to this decision. 5. Mobilitie, LLC’s motions to file under seal its Exhibit E to the application and Exhibit A to its response to the Ruling, should be granted for two years. 6. Mobilitie, LLC should be granted non-dominant carrier status, subject to Commission rules and regulations as detailed in D.85-01-008 and modified in D.85-07-081 and D.85-11-044. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 14 - O R D E R IT IS ORDERED that: 1. A certificate of public convenience and necessity is granted to Mobilitie, LLC to provide resold and full facilities-based local exchange telecommunications services in the territories of Pacific Bell Telephone d/b/a AT&T California, Verizon California Inc., Citizens Telecommunications Company of California, Inc., and SureWest Communications, and provide resold interexchange service in California, subject to the terms and conditions set forth below. 2. Mobilitie, LLC may not offer competitive local exchange services until tariffs are filed with and authorized by this Commission, in accordance with General Order 96-B and as corrected for deficiencies set forth in Exhibit A. 3. Mobilitie, LLC is granted non-dominant carrier status, subject to Commission rules and regulations as detailed in D.85-01-008 and modified in D.85-07-081 and D.85-11-044. 4. The corporate identification number assigned to Mobilitie, LLC, U-7203-C, must be included in the caption of all original filings with this Commission, and in the titles of other pleadings filed in existing cases. 5. In addition to all the requirements applicable to competitive local exchange carriers and interexchange carriers included in Attachments B, C, and D to this decision, Mobilitie, LLC is subject to the Consumer Protection Rules contained in General Order 168, and all applicable Commission rules, decisions, General Orders, and statutes that pertain to California public utilities. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 15 - 6. Mobilitie, LLC must file, in this docket, a written acceptance of the certificate granted in this proceeding within 30 days of the effective date of this order. 7. Mobilitie, LLC must annually pay the user fee and public purpose surcharges specified in Attachment B. Per the instructions in Exhibit E to Decision 00-10-028, the Combined California Public Utilities Commission Telephone Surcharge Transmittal Form must be submitted even if the amount due is Under Public Utilities Code Section 405, carriers that are in default of reporting and submitting user fees for a period of 30 days or more will be subject to penalties including suspension or revocation of their authority to operate in California. Therefore, carriers should report user fees even if the amount due is 8. Prior to initiating service, Mobilitie, LLC must provide the Commission’s Consumer Affairs Branch with the name and address of its designated contact person(s) for purposes of resolving consumer complaints. This information must be updated if the name or telephone number changes, or at least annually. 9. Mobilitie, LLC must notify the Director of the Communications Division in writing of the date that local exchange service is first rendered to the public, no later than five days after service first begins. 10. Mobilitie, LLC must file an affiliate transaction report with the Director of the Communications Division, in compliance with Decision 93-02-019, on a calendar year basis using the form contained in Attachment D. 11. Mobilitie, LLC must file an annual report with the Director of the Communications Division, in compliance with General Order 104-A, on a calendar-year basis with the information contained in Attachment C to this decision. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 16 - 12. Mobilitie, LLC must file a tariff within 12 months of the effective date of this order, or its certificate will be cancelled. 13. The staff of the Commission’s Energy Division is authorized to review, process, and act upon Mobilitie, LLC’s requests for a determination that its full facilities-based construction activities are exempt from the requirements of the California Environmental Quality Act. 14. If Mobilitie, LLC wishes to engage in full facilities-based construction activities and believes that these activities are exempt from California Environmental Quality Act, Mobilitie, LLC must first apply to the Commission’s Energy Division staff for a determination of exemption from California Environmental Quality Act using the following procedure set forth below. Mobilitie, LLC will provide the Commission’s Energy Division with: a. A detailed description of the proposed project, including: i. Customer(s) to be served; ii. The precise location of the proposed construction project; and iii. Regional and local site maps. b. A description of the environmental setting, including at a minimum: i. Cultural, historical, and paleontological resources; ii. Biological resources; and iii. Current land use and zoning. c. A construction workplan, including: i. Commission Preconstruction Survey Checklist— Archaeological Resources; ii. Commission Preconstruction Survey Checklist— Biological Resources; ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 17 - iii. A detailed schedule of construction activities, including site restoration activities; iv. A description of construction/installation techniques; v. A list of other agencies contacted with respect to siting, land use planning, and environmental resource issues, including contact information; and vi. A list of permits required for the proposed project. d. A statement of the California Environmental Quality Act exemption(s) claimed to apply to the proposed project; and e. Documentation supporting the finding of exemption from California Environmental Quality Act. f. The Energy Division will then review the submittal and notify Mobilitie, LLC of either its approval or its denial of Mobilitie, LLC’s claim for exemption from California Environmental Quality Act review within 21 days from the time that Mobilitie, LLC’s submittal is complete. g. If the Energy Division approves Mobilitie, LLC’s claimed California Environmental Quality Act exemption(s), the staff will prepare a Notice to Proceed and file a Notice of Exemption with the State Clearinghouse, Office of Planning and Research. h. If the Energy Division disapproves Mobilitie, LLC’s claimed California Environmental Quality Act exemptions, the staff will issue to MOBILITIE, LLC a letter which states the specific reasons that the claimed California Environmental Quality Act exemptions do not apply to the proposed project. i. If the Energy Division disapproves Mobilitie, LLC’s claimed California Environmental Quality Act exemption(s), Mobilitie, LLC shall either re-design the specific project and facilities and then reapply for a finding of exemption from California Environmental Quality Act, or file a formal application with the Commission seeking the requisite approval and full California Environmental Quality Act review, before commencing any full facilities-based construction activities. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 18 - 15. Mobilitie, LLC’s motions to file under seal its Exhibit E to its application and Exhibit A to its response to Administrative Law Judge Ruling Requiring Applicant to File a Response to Information Request Within 10 Days is granted. The information will remain under seal for a period of two years after the date of this order. During this two-year period, this information will remain under seal and may not be viewed by any person other than the assigned Commissioner, the assigned Administrative Law Judge, the Assistant Chief Administrative Law Judge, or the Chief Administrative Law Judge, except as agreed to in writing by Mobilitie, LLC or as ordered by a court of competent jurisdiction. If Mobilitie, LLC believes that it is necessary for this information to remain under seal for longer than two years, Mobilitie, LLC may file a new motion at least 30 days before the expiration of this limited protective order. 16. This proceeding is closed. This order is effective today. Dated December 2, 2010, at San Francisco, California. MICHAEL R. PEEVEY President DIAN M. GRUENEICH JOHN A. BOHN TIMOTHY ALAN SIMON NANCY E. RYAN Commissioners ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 Attachment A Page 1 List of deficiencies in draft tariff submitted by Mobilitie, LLC in Application 10-07-023 to be corrected in its initial tariff compliance filing. 1. Sheet 11 - Taxes and Surcharges: Utility tariff must concur with the tariff provision for fees and surcharges in AT&T California tariffs pursuant to Resolution T-16901. (END OF ATTACHMENT A) ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 1 - ATTACHMENT B REQUIREMENTS APPLICABLE TO COMPETITIVE LOCAL EXCHANGE CARRIERS AND INTEREXCHANGE CARRIERS 1. Applicant shall file, in this docket with reference to this decision number,1 a written acceptance of the certificate granted in this proceeding within 30 days of the effective date of this order. 2. Applicant is subject to the following fees and surcharges that must be regularly remitted. Per the instructions in Exhibit E to Decision 00-10-028, the Combined California PUC Telephone Surcharge Transmittal Form must be submitted even if the amount due is a. The current 1.150% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the Universal Lifeline Telephone Service Trust Administrative Committee Fund (Pub. Util. Code § 879; Resolution T-17071, dated March 1, 2007, effective April 1, 2007); b. The current 0.200% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Relay Service and Communications Devices Fund (Pub. Util. Code § 2881; D.98-12-073 and Resolution T-17127, dated December 20, 2007, effective January 1, 2008); c. The user fee provided in Pub. Util. Code 431-435, which is 0.180% of gross intrastate revenue (Resolution M-4819), dated June 7, 2007, effective July 1, 2007; d. The current 0.110% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California High Cost 1 Written acceptance filed in this docket does not reopen the proceeding. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 2 - Fund-A (Pub. Util. Code § 739.3; D.96-10-066, at 3-4, App. B, Rule 1.C; Resolution T-17259, dated April 8, 2010, effective May 1, 2010); e. The current 0.450% surcharge (effective December 1, 2009) applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California High Cost Fund-B (D.96-10-066, p. 191, App. B, Rule 6.F.; D.07-12-054, Resolution T-17215, dated October 15, 2009, effective December 1, 2009.); f. The current 0.000% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Advanced Services Fund (D.07-12-054); Resolution T-17248, dated December 17, 2009, effective January 1, 2010; and g. The current 0.079% surcharge applicable to all intrastate services except for those excluded by D.94-09-065, as modified by D.95-02-050, to fund the California Teleconnect Fund (D.96-10-066, p. 88, App. B, Rule 8.G; Resolution T-17142, dated April 29, 2008, effective June 1, 2008). Note: These fees change periodically. In compliance with Resolution T-16901, December 2, 2004, Applicant should check the joint tariff for surcharges and fees filed by Pacific Bell Telephone Company (dba AT&T California) and apply the current surcharge and fee amounts in that joint tariff on end-user bills until further revised. 3. Applicant is a competitive local exchange carrier (CLC). The effectiveness of its future tariffs is subject to the requirements of General Order (GO) 96-B and the Telecommunications Industry Rules (D.07-09-019). 4. Applicant is a non-dominant interexchange carrier (NDIEC). The effectiveness of its future NDIEC tariffs is subject to the requirement of GO 96-B and the Telecommunications Industry Rules (D.07-09-019). ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 3 - 5. Tariff filings shall reflect all fees and surcharges to which Applicant is subject, as reflected in #2 above. 6. Applicant shall file a service area map as part of its initial tariff. 7. Prior to initiating service, Applicant must provide the Commission’s Consumer Affairs Branch with the name and address of its designated contact person(s) for purposes of resolving consumer complaints. This information shall be updated if the name or telephone number changes, or at least annually. 8. Applicant shall notify the Director of the Communications Division in writing of the date that local exchange service is first rendered to the public, no later than five days after service first begins. 9. Applicant shall notify the Director of the Communications Division in writing of the date local service is first rendered to the public within five days after service begins. 10. Applicant shall notify the Director of the Communications Division in writing of the date interLATA service is first rendered to the public within five days after service begins, and again within five days after intraLATA service begins.2 11. Applicant shall keep its books and records in accordance with the Generally Accepted Accounting Principles. 2 California is divided into ten Local Access and Transport Areas (LATAs), each containing numerous local telephone exchanges. InterLATA describes services, revenues and functions relating to telecommunications originating within one LATA and terminating in another LATA. IntraLATA describes services, revenues and functions relating to telecommunications originating within a single LATA. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 4 - 12. In the event Applicant’s books and records are required for inspection by the Commission or its staff, it must either produce such records at the Commission’s offices or reimburse the Commission for the reasonable costs incurred in having Commission staff travel to its office. 13. Applicant shall file an annual report with the Director of the Communications Division, in compliance with GO 104-A, on a calendar-year basis with the information contained in Attachment C to this decision. 14. Applicant shall file an affiliate transaction report with the Director of the Communications Division, in compliance with D.93-02-019, on a calendar-year basis using the form contained in Attachment D. 15. Applicant shall ensure that its employees comply with the provisions of Pub. Util. Code § 2889.5 regarding solicitation of customers. 16. Within 60 days of the effective date of this order, Applicant shall comply with Pub. Util. Code § 708, Employee Identification Cards, and notify the Director of the Communications Division in writing of its compliance. 17. If Applicant is 90 days or more late in filing an annual report, or in remitting the surcharges and fee listed in #2 above, and has not received written permission from the Communications Division to file or remit late, the Communications Division shall prepare for Commission consideration a resolution that revokes Applicant’s CPCN. 18. Applicant is exempt from Rule 3.1(b) of the Commission Rules of Practice and Procedure. 19. Applicant is exempt from Pub. Util. Code 816-830. 20. Applicant is exempt from the requirements of Pub. Util. Code § 851 for the transfer or encumbrance of property whenever such transfer or encumbrance serves to secure debt. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 5 - 21. If Applicant decides to discontinue service or file for bankruptcy, it shall immediately notify the Communications Division’s Director. 22. Applicant shall send a copy of this decision to concerned local permitting agencies no later than 30 days from the date of this order. (END OF ATTACHMENT B) ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 1 - ATTACHMENT C ANNUAL REPORT An original and a machine readable, copy using Microsoft Word or compatible format must be filed with the California Public Utilities Commission, State Office Building, 505 Van Ness Avenue, Room 3107, San Francisco, CA 94102-3298, no later than March 31st of the year following the calendar year for which the annual report is submitted. Failure to file this information on time may result in a penalty as provided for in Pub. Util. Code 2107 and 2108. Required information: 1. Exact legal name and U # of the reporting Mobilitie, LLC. 2. Address. 3. Name, title, address, and telephone number of the person to be contacted concerning the reported information. 4. Name and title of the officer having custody of the general books of account and the address of the office where such books are kept. 5. Type of organization corporation, partnership, sole proprietorship, etc.). If incorporated, specify: a. Date of filing articles of incorporation with the Secretary of State. b. State in which incorporated. 6. Number and date of the Commission decision granting the Certificate of Public Convenience and Necessity. 7. Date operations were begun. 8. Description of other business activities in which Mobilitie, LLC is engaged. 9. List of all affiliated companies and their relationship to Mobilitie, LLC. State if affiliate is a: a. Regulated public utility. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 2 - b. Publicly held corporation. 10. Balance sheet as of December 31st of the year for which information is submitted. 11. Income statement for California operations for the calendar year for which information is submitted. 12. Cash Flow statement as of December 31 st of the calendar year for which information is submitted, for California operations only. For answers to any questions concerning this report, call (415) 703-2883. (END OF ATTACHMENT C) ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 1 - ATTACHMENT D CALENDAR YEAR AFFILIATE TRANSACTION REPORT An original and a machine readable, copy using Microsoft Word and Excel, or compatible format must be filed with the California Public Utilities Commission, State Office Building, 505 Van Ness Avenue, Room 3107, San Francisco, CA 94102-3298, no later than March 31st of the year following the calendar year for which the annual report is submitted. 1. Mobilitie, LLC shall list and provide the following information for each affiliated entity and regulated subsidiary that Mobilitie, LLC had during the period covered by the Annual Affiliate Transaction Report. • Form of organization corporation, partnership, joint venture, strategic alliance, etc.); • Brief description of business activities engaged in; • Relationship to Mobilitie, LLC controlling corporation, subsidiary, regulated subsidiary, affiliate); • Ownership of Mobilitie, LLC (including type and percent ownership) • Voting rights held by Mobilitie, LLC and percent; and • Corporate officers. 2. Mobilitie, LLC shall prepare and submit a corporate organization chart showing any and all corporate relationships between Mobilitie, LLC and its affiliated entities and regulated subsidiaries in #1 above. The chart should have the controlling corporation (if any) at the top of the chart, Mobilitie, LLC and any subsidiaries and/or affiliates of the controlling corporation in the middle levels of the chart, and all secondary subsidiaries and affiliates a subsidiary that in turn is owned by another subsidiary and/or affiliate) in the lower levels. Any regulated subsidiary should be clearly noted. ---PAGE BREAK--- A.10-07-023 ALJ/SMW/gd2 - 2 - 3. If Mobilitie, LLC has individuals who are classified as “controlling corporations” of Mobilitie, LLC, Mobilitie, LLC must only report under the requirements of #1 and #2 above any affiliated entity that either is a public utility or transacts any business with the utility filing the annual report excluding the provision of tariff services. 4. Each annual report must be signed by a corporate officer of Mobilitie, LLC stating under penalty of perjury under the laws of the State of California (CCP 2015.5) that the annual report is complete and accurate with no material omissions. 5. Any required material that Mobilitie, LLC is unable to provide must be reasonably described and the reasons the data cannot be obtained, as well as the efforts expended to obtain the information, must be set forth in Mobilitie, LLC’s Annual Affiliate Transaction Report and verified in accordance with Section I-F of Decision 93-02-019. 6. Utilities that do not have affiliated entities must file, in lieu of the annual transaction report, an annual statement to the Commission stating that Mobilitie, LLC had no affiliated entities during the report period. This statement must be signed by a corporate officer of Mobilitie, LLC, stating under penalty of perjury under the laws of the State of California (CCP 2015.5) that the annual report is complete and accurate with no material omissions. (END OF ATTACHMENT D) ---PAGE BREAK--- Proposed Mobilitie Installation n Phot hotosims P osims Produc oduced on ed on 8-5-2016 8-5-2016 Contact ( 925 ) 202-8507 Existing Existing Proposed ---PAGE BREAK--- Contact ( 925 ) 202-8507 Existing Existing Proposed Proposed Mobilitie Installation Phot hotosims P osims Produc duced on ed on 8-14-2016 8-14-2016 ---PAGE BREAK--- Contact ( 925 ) 202-8507 Existing Existing Proposed Proposed Mobilitie Installation Phot hotosims P osims Produc duced on ed on 8-14-2016 8-14-2016 ---PAGE BREAK--- Contact ( 925 ) 202-8507 Existing Existing Proposed Proposed Mobilitie Antenna & Equipment Phot hotosims P osims Produc duced on ed on 9-16-2016 9-16-2016 ---PAGE BREAK--- 1nobilitie intelligent infrasLrucLure December 9, 2016 Heather Ferris, Senior Planner County of Douglas, Community Development - Planning Division 1594 Esmeralda Ave. Minden, NV 89423 Erik Nilssen, County Engineer County of Douglas, Community Development - Engineering Division 1594 Esmeralda Ave. Minden, NV 89423 RE: Mobilitie, LLC Certificate of Public Convenience and Necessity Dear Ms. Ferris and Mr. Nilssen, Mobilitie, LLC 2220 University Drive Newport Beach, CA 92660 USA Tel [PHONE REDACTED] www.mobilitie.com As requested, please find the enclosed documents regarding the Certificate of Public Convenience and Necessity, CPC 2886 Sub 1, issued by the Public Utilities Commission of Nevada authorizing Mobilitie, LLC ("Mobilitie") to provide telecommunications services within the State of Nevada. Nevada Revised Statutes ("NRS") 707 .300 states that "All persons or corporations ownin,g and operating telephone lines in this state are entitled to all the rights and privileges and are subject to all the restrictions and responsibilities provided in NRS 707.230 to 707.280, inclusive." Within that list of statutes, NRS 707.250 states that a telecommunications company registered in the State of Nevada may construct and maintain their lines through any public or private lands, along public roads, or along navigable waters, provided the lines do not cause an obstruction. Mobilitie recognizes the County's rights under all applicable laws, including the right to regulate telecommunications facilities to ensure that they do not cause an obstruction in the public right-of-way. Mobilitie looks forward to continuing to work with the County during this permit application process. If you have any further questions about the above, please do not hesitate to contact me at (714) 366-2248 or [EMAIL REDACTED]. Best regards, MOBILITIE tr/ David Nagele Contract Specialist, Network Real Estate Enclosures ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 9NVB000934 9NVB000933 Service Layer Credits: Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia, NGCC, © OpenStreetMap contributors, and the GIS User Community ¯ 0 2.5 5 Miles Small Cell Attachment Douglas County, Nevada 2 Proposed Small Cell Sites Candidate locations as of 6/13/2017 ---PAGE BREAK--- Service Layer Credits: Image courtesy of USGS Image courtesy of the Nevada State Mapping Advisory Committee Geographics SIO © 2017 Microsoft Corporation © 2017 HERE © AND Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia, NGCC, © OpenStreetMap contributors, and the GIS User Community ¯ 0 250 500 Feet Small Cell Attachment 9NVB000933 26 ft. Light Pole Attachment (38.955886, -119.779143) Candidate locations as of 6/13/2017 ---PAGE BREAK--- Service Layer Credits: Image courtesy of USGS Image courtesy of the Nevada State Mapping Advisory Committee Geographics SIO © 2017 Microsoft Corporation © 2017 HERE © AND Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia, NGCC, © OpenStreetMap contributors, and the GIS User Community ¯ 0 250 500 Feet Small Cell Attachment 9NVB000934 26 ft. Light Pole Attachment (39.110339, -119.779365) Candidate locations as of 6/13/2017 ---PAGE BREAK--- ---PAGE BREAK--- 4849-8700-6028.43 Page 1 of 19 LICENSE AGREEMENT BETWEEN THE COUNTY OF DOUGLAS, NEVADA, THE TOWN OF MINDEN, NEVADA, AND MOBILITIE, LLC, FOR THE LIMITED USE OF CERTAIN PUBLIC RIGHTS-OF-WAY TABLE OF CONTENTS SECTION PAGE SECTION 1. DEFINITIONS SECTION 2. GRANTING CLAUSE SECTION 3. PERMITTED USE OF RIGHTS-OF-WAY SECTION 4. TERM AND SECTION 5. LICENSE FEES SECTION 6. ENCROACHMENT PERMITS SECTION 7. CONSTRUCTION WORK-REGULATION BY COUNTY SECTION 8. CONSTRUCTION, RESTORATION AND MAINTENANCE ACTIVITIES SECTION 9. SUPERVISION BY COUNTY OF LOCATION OF POLES 10 SECTION 10. INTERFERENCE WITH OTHER FACILITIES PROHIBITED 10 SECTION 11. COMPLIANCE WITH UTILITY REGULATIONS 11 SECTION 12. EMERGENCY CONTACTS 11 SECTION 13. INDEMNITY 12 SECTION 14. INSURANCE REQUIREMENTS 13 SECTION 15. ADMINISTRATION OF LICENSE 14 SECTION 16. ASSIGNMENT OF LICENSE 15 SECTION 17. FUTURE CONTINGENCY 16 SECTION 18. AGREEMENT VIOLATIONS LEADING TO TERMINATION 16 SECTION 19. GOVERNING LAW, JURISDICTION AND VENUE 17 SECTION 20. NON-DISCRIMINATION 17 SECTION 21. MISCELLANEOUS PROVISIONS 17 ---PAGE BREAK--- 4849-8700-6028.43 Page 2 of 19 LICENSE AGREEMENT BETWEEN THE COUNTY OF DOUGLAS, NEVADA, THE TOWN OF MINDEN, NEVADA AND MOBILITIE, LLC, FOR THE LIMITED USE OF CERTAIN PUBLIC RIGHTS-OF-WAY This LICENSE AGREEMENT FOR THE USE OF PUBLIC RIGHTS OF WAY (“Agreement”) is made and entered into by and between the County of Douglas, Nevada, also referred to herein as Douglas County (“County” or “Licensor”), the Town of Minden, Nevada (“Town”) and Mobilitie, LLC, a Nevada limited liability company (“Licensee”). Licensor, Town, and Licensee are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." WHEREAS, Licensee has requested use of a certain location on a street light within the public rights-of-way of the County at approximately 1795-1799 County Road, Minden, Nevada, having the coordinates of 38.95588600, -119.77914300, to install, maintain and operate a communications facilityies as specified in this Agreement; and WHEREAS, the County has the power to regulate the public rights-of-way within its territorial boundaries and is willing to permit such use subject to the terms and conditions of this Agreement; and WHEREAS, the Town owns several street lights properly located within the County’s right-of-way, including the street light at the desired location having the coordinates of 38.95588600, -119.77914300; NOW THEREFORE, IN RECOGNITION OF MUTUAL CONSIDERATION, THE ABOVE PARTIES AGREE TO THE FOLLOWING: SECTION 1. DEFINITIONS For purposes of this Agreement the following terms shall have the same meanings herein. When not inconsistent with the context, words in the plural number include the singular number, and words in the singular include the plural. “Annual License Fee” means the annual rate described in Section 5 of this Agreement. “Backhaul Equipment” means broadband backhaul transmission facilities, whether provided by landline communications infrastructure (including, without limitation, fiber, conduit and related equipment and improvements) (“Landline Backhaul Equipment”) and/or wireless communications infrastructure (including, without limitation, wireless microwave and related cables, wires, equipment and improvements) (“Wireless Backhaul Equipment”) that interconnects with Wireless ---PAGE BREAK--- 4849-8700-6028.43 Page 3 of 19 Communication Equipment at the Point-of-Demarcation and is for the purpose of providing Backhaul Service. “Backhaul Service” means communications transport service, whether provided by Landline Backhaul Equipment or Wireless Backhaul Equipment that interconnects with the Wireless Communication Equipment at the Point-of-Demarcation. “County Representative” means the then current person at the County that oversees administration of this Agreement, or his/her designee. “Communication Facility” means Wireless Communication Equipment and/or Backhaul Equipment. “Communication Service” means Wireless Communication Service and/or Backhaul Service. “Communication Site” means the singular street light located withinlocation in the Public Rights-of-Way approved by the County and Town for the Communication Facility pursuant to this Agreement. The approximate location of the Communication Site is 1795-1799 County Road, Minden, Nevada, having coordinates of 38.95588600, -119.77914300. “Effective Date” means the latest date on which this Agreement is signed by both Parties. “Point of Demarcation” means the point of where the Wireless Communication Equipment terminate and interconnect with Backhaul Equipment. “Rights-of-Way” or “Public Rights-of-Way” means the surface of, and the space above and below, any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter-held by the County or over which the County exercises any rights of management control. “Rights-of-Way Regulations” means all portions of County ordinances, policies, zoning requirements, and design standards/criteria that concern the regulation or management of Public Rights-of-Way and installation of Communication Facilities which are applicable to entities engaged in businesses similar to that of Licensee, including, without limitation, businesses engaged in the installation and operation of telecommunication infrastructure. “Rights-of-Way Manager” means the then current person at the County that oversees the Public Rights-of-Way, or his/her designee. ---PAGE BREAK--- 4849-8700-6028.43 Page 4 of 19 “Transmission Media” means radios, antennas, transmitters, wires, fiber optic cables, and other wireless transmission devices which are part of the Wireless Communication Equipment. “Wireless Communication Service” means wireless, Wi-Fi, voice, data, messaging, or similar type of wireless service now or in the future offered to the public in general using spectrum radio frequencies, whether or not licensed by the Federal Communication Commission (“FCC”) or any successor agency. “Wireless Communication Equipment” means the Transmission Media attached, mounted, or installed on a pole located in Public Rights-of-Way, in addition to control boxes, cables, conduit, power sources, and other equipment, structures, plant, and appurtenances between the Transmission Media and the Point-of-Demarcation for the purpose of providing Wireless Communication Service. SECTION 2. GRANTING CLAUSE License to Use Rights-of-Way – Licensor hereby grants Licensee, a non-exclusive license to use and occupy the Rights-of-Way wherefor the Communication Site shall be located (having the coordinates 38.95588600, -119.77914300), for the permitted uses contemplated under Section 3, subject to this Agreement. The Rights-of-Way shall include the Rights-of-Way subject to the Encroachment Permits issued pursuant to Section 6(a) of this Agreement. License to Use TownCounty Pole – Town herebyLicensor also grants Licensee the right to use the TownCounty pole located at the Communication Site for the purpose of attaching the Communication Facility. The TownCounty pole shall include the TownCounty pole within the Rights-of-Way subject to Encroachment Permits issued pursuant to Section 6(a) of this Agreement. Limited and Non-Exclusive License – The Licensee’s right to use and occupy the Public Rights-of-Way and attach to the Town County pole shall be limited as set forth in this Agreement, and shall not be exclusive as the County reserves the right to impose conditions on Licensee’s use and occupancy of the Public Rights-of-Way and Town reserves the right to impose conditions on Licensee’s use of and attachments to the TownCounty pole as set forth in Section 6(a) of this Agreement, and grant a similar use of same to itself or any person or entity at any time during the Term. SECTION 3. PERMITTED USE OF RIGHTS-OF-WAY Provision of Personal Communication Service –The pPublic Rights-of-Way that isare approved for Licensee’s use by the County pursuant to this Agreement may be used by Licensee, seven days a week, twenty-four (24) hours a day, only for the installation, construction, use, maintenance, operation, repair, modification, ---PAGE BREAK--- 4849-8700-6028.43 Page 5 of 19 replacement and upgrade of the Communication Facility by Licensee from time to time for Wireless Communication Service and/or Backhaul Service or to comply with applicable law, and not for any other purpose whatsoever. This Agreement shall include new types of Wireless Communication Equipment or Backhaul Equipment that may evolve or be adopted using wireless technologies so long as such new equipment is not significantly larger in size than the currently proposed equipment (10% or more). Licensee shall, at its expense, comply with all applicable federal and state laws, County ordinances, rules and regulations, and Rights-of-Way Regulations in connection with the use of Public Rights-of-Way. Installations – Wireless Communication Equipment and Wireless Backhaul Equipment may be installed only on the TownLicensor’s pole under the terms of this Agreement, or on Licensee’s pole and surrounding space until the Point-of-Demarcation under the terms of this Agreement, and Landline Backhaul Equipment may be installed only at the location of the Communication Site as approved by the County. If the Communication Facility is to be installed on a Licensee or Town pole, such pole shall be deemed part of the Communication Facility for purposes of this Agreement. SECTION 4. TERM AND AMENDMENTS Term of Agreement – The term of this Agreement shall be for ten (10) years commencing on the Effective Date and ending at midnight on the last day of the term (the “Term”). Termination of Licenses – The license or right to use granted pursuant to Section 2(a) or 2(b) of this Agreement may be terminated prior to the expiration of the Term by Licensee or Town, respectively, at any time, without cause, upon notice to Licensor. Effect of Termination – All Annual License Fees paid prior to the expiration or earlier termination of any license or right to use granted pursuant to Section 2(a) or 2(b) of this Agreement issued for the Communication Site shall be retained by Licensor. Licensee shall continue to be liable to Licensor for the Annual License Fee prorated for every month that the Communication Facility remains in the Rights-of-Way and such license or right to use shall be deemed to remain in effect until it is removed pursuant to Section 8(e) of this Agreement. After such removal, the license or right to use with respect to the Communication Site shall be of no further force or effect and Licensee shall have no further obligations for the payment of Annual License Fees to Licensor in connection therewith. ---PAGE BREAK--- 4849-8700-6028.43 Page 6 of 19 SECTION 5. LICENSE FEES Annual License Fee – The Annual License Fee for the Communication Site shall be as provided to Licensor and to Town in the following table depending on the type of Communication Facility thereat: Type of Communication Facility: Annual License Fee: Wireless Communication Equipment (or Wireless Backhaul Equipment) on athe pole owned by LicensorTown $1,000 (payable to the Town) Wireless Communication Equipment (or Wireless Backhaul Equipment) on a pole installed and owned by Licensee $1,500 (payable to Licensor) Landline Backhaul Equipment The County’s standard excavation or direct burial rate at the time of installation, plus any additional applicable fees (such as street cut or street bore fees) Each Annual License Fee shall increase and compound annually at a rate of three percent Timing of License Fee Payments – Licensee shall pay in advance to Licensor the Annual License Fee for the coming year for the Communication Site. The Annual License Fee for the Communication Site will commence and be due on the first day of the month following the month in which the Communication Site is installed (the “License Fee Commencement Date”). Thereafter, on each annual anniversary of License Fee Commencement Date, Licensee shall pay Licensor the Annual License Fee. Late Payment Interest – Any Annual License Fees not paid within fifteen (15) days of notice of non-payment will be assessed a rate of 10% per annum from that date. Annual License Fees to Licensor – Licensee shall pay Licensor the fees specified in this Section in the form of a money transfer or a check made out to the order of the County of Douglas and sent to: Douglas County Clerk/Treasurer 1616 8th Street PO Box 218 Minden, Nevada 89423 ---PAGE BREAK--- 4849-8700-6028.43 Page 7 of 19 SECTION 6. ENCROACHMENT PERMITS Encroachment Permit Application – Licensee shall file with the County Representative a Douglas County Encroachment Permit Application for the Communication Site and/or proposed Communication Equipment installation. The Douglas County Encroachment Permit Application, conditions, requirements, and fees are contained in Douglas County Code as may be modified from time-to-time by the County. Licensee shall not proceed with the construction of the Communication Site improvements until County approves Licensee’s Encroachment Permit. Licensee shall comply with all conditions imposed by County on approval of Licensee’s Encroachment Permit. SECTION 7. CONSTRUCTION WORK-REGULATION BY COUNTY Compliance with Law Required – The Communication Site shall be subject to all Douglas County Rights-of-Way Regulations, and all land use regulations of the zoning district in which the Communication Site is located or to which the Communication Site is subject. If the Communication Site is located in or subject to more than one zoning district, the zoning district with the most restrictive land use regulations shall apply to the Communication Site. The work done by Licensee in connection with the installation, construction, maintenance, repair, and operation of the Communication Facility shall be subject to and governed by all pertinent local and state laws, rules, regulations, including the County’s Rights-of-Way Regulations. All work shall be completed by an appropriately licensed contractor. Duty to Minimize Interference – All pole excavations, construction activities, and aerial installations on poles in the Rights-of-Way shall be carried on as to minimize interference with the use of County’s Rights-of-Way, Town’s use of its pole(s), and with the use of private property, in accordance with all regulations of the County necessary to provide for public health, safety and convenience. SECTION 8. CONSTRUCTION, RESTORATION AND MAINTENANCE ACTIVITIES Eligibility of TownCounty Pole – Prior to submitting an Encroachment Permit Application related to the use of a TownCounty pole, Licensee shall verify with the Town and County the eligibility of the specified pole for attachment of the Communication Facility. In addition, Licensee shall conduct an engineering load bearing study to determine whether the pole can withstand the added weight of the Communication Facility. If the proposed installation will require pole reinforcement or replacement, the engineering design documents included with the Encroachment Permit Application shall include specifications relating to the proposed pole reinforcement or replacement. Construction activities involving pole reinforcement or replacement shall be coordinated with applicable County personnel and the Rights-of-Way Manager. ---PAGE BREAK--- 4849-8700-6028.43 Page 8 of 19 Compliance with Rights-of-Way Regulations – In the installation, construction, maintenance, upgrade, and operation of Communication Facility, Licensee shall comply with the provisions of the Rights-of-Way Regulations, including but not limited to provisions pertaining to the following activities: construction activities related to the installation, maintenance, repair, upgrade, and removal of the Communication Facility; new pole installation; cut or otherwise disturb the surfaces of the Rights-of-Way; disruption of vehicular and pedestrian traffic on Rights-of-Way to a minimum as reasonably necessary to execute the required work; applicable excavation and restoration standards; and pavement repairs. Submission of Engineering Plans – Prior to installation, Licensee shall submit engineering plans to the Rights-of-Way Manager for review and approval in accordance with the Rights-of-Way Regulations. Identification of Utility Lines – Prior to beginning any excavation or boring project on Public Rights-of-Way, Licensee shall engage a utility locator service. Licensee has the responsibility to protect and support the various utility facilities of other providers while conducting construction, installation, and maintenance operations. Maintenance and Repair of Communication Facility – Licensee shall keep and maintain the Communication Facility installed on Public Rights-of-Way in commercially reasonable condition and repair throughout the Term, normal wear and tear and casualty excepted. Licensee shall have the right to conduct testing and maintenance activities, and repair and replace the damaged or malfunctioning Communication Facility at any time during the Term. If the Communication Facility is no longer functioning and is not repaired or replaced by Licensee, the Communication Facility shall be removed from the Public Right-of-Way on which it is located and the related license or right to use granted pursuant to Section 2(a) or 2(b) of this Agreement shall terminate. If this Agreement terminates by its terms, Licensee shall remove the Communication Facility from Public Rights-of-Way and the related license(s) or right(s) to use shall terminate. Notwithstanding any other provision of this Agreement to the contrary, if Licensee is obligated to remove the Communication Facility pursuant to the terms of this Agreement, Licensee shall have a period of 180 days from the date such obligation arises to remove the Communication Facility. ---PAGE BREAK--- 4849-8700-6028.43 Page 9 of 19 Upgrade of Communication Facility – Licensee shall have the right to upgrade the Communication Facility with next-generation equipment and innovative new technologies so long as such new equipment is not significantly larger in size or heavier than the currently proposed equipment. Prior to making any such equipment or technology upgrade that materially changes the size or weight of the Communication Facility by 10% or more, Licensee shall file an Encroachment Permit Application with the County Representative, who shall review the application for compliance with the permitted use under this Agreement and to verify that the new installation will not cause any interference with County’s public safety communications system, traffic light signal system, or other County communications infrastructure operating on spectrum where the County is legally authorized to operate. Licensee will address any interference issues prior to approval of such application. Coordination of Maintenance and Equipment Upgrade Activities – Prior to Licensee engaging in planned or routine maintenance activities, or equipment upgrades concerning Communication Facility attached to a County or Towntraffic light pole, Licensee shall provide twenty (20) days advance notice to the County Representative and Town Representative in order to coordinate such maintenance activities with County and Town operations of the traffic/street light system or other public safety functions. Licensee shall notify the County Representative prior to engaging in any maintenance or equipment upgrade activities in the Rights-of-Way regardless of pole ownership. Such twenty (20) day advance notice shall not be required in the case of an emergency. Removal of Non-Compliant Installations – The County shall have the authority at any time to order and require Licensee to remove and abate any Communication Facility or other structure that is in violation of the County’s Rights-of-Way Regulations. In case Licensee, after receipt of written notice and thirty (30) days opportunity to cure, fails or refuses to comply, the County shall have the authority to remove the same at the expense of Licensee, all without compensation or liability for damages to Licensee. Reservation of Rights – The County reserves the right to install, and permit others to install utility facilities in the Rights-of-Way. In permitting such work to be done by others, the County shall not be liable to Licensee for any damage caused by those persons or entities. No Limitation in County’s Operation of Traffic Light Signal System – The Parties agree that this Agreement does not in any way limit Licensor’s right to locate, operate, maintain, and remove County traffic light poles in the manner that best enables the operation of its traffic light signal system and protect public safety. The County Representative may deny access to County traffic light poles due to operational conditions at the requested site, limited space availability, public safety concerns, future traffic signal system planning, or other operational considerations. Further, nothing in this Agreement shall be construed as granting Licensee any ---PAGE BREAK--- 4849-8700-6028.43 Page 10 of 19 attachment right to install a Communication Facility to any specific traffic light pole, other than pursuant to an approved Encroachment Permit Application under the terms of this Agreement. Coordination of Traffic Light Maintenance Activities and Emergency Response – Prior to conducting planned or routine maintenance on specific components of the traffic light signal system mounted on poles where Communication Facility has been installed, the County or Town, as applicable, shall provide Licensee thirty (30) days advance notice of such maintenance activities. In advance of such maintenance activities, Licensee shall temporarily cut-off electricity to its Communication Facility for the safety of maintenance personnel. In the event of failure of components of the traffic light signal system for whatever reason, including damage resulting from vehicular collisions, weather related events, or malicious attacks, Licensor or Town, as applicable, will respond to restore traffic light signal operations as a matter of public safety under the emergency provisions outlined in Section 12. Should the events that results in damage or failure of the traffic light signal system also affect Communication Facility, Licensee shall have the sole responsibility to repair or replace its Communication Facility and shall coordinate its own emergency efforts with the County. SECTION 9. SUPERVISION BY COUNTY OF LOCATION OF POLES Supervision by Rights-of-Way Manager – In the event Licensee desires to install poles on Public Rights-of-Way in order to install Communication Facility at the Communication Site, such poles shall be owned and maintained by Licensee. Such poles shall be of adequate strength and straight, and shall be set so that they will not interfere with the flow of water in any gutter or drain, and so that they will not unduly interfere with ordinary travel on the streets or sidewalk. The location of all Licensee’s personal property, poles, and electrical connections placed and constructed by the Licensee in the installation, construction, and maintenance of Communication Facility shall be subject to the lawful, reasonable and proper control, direction and/or approval of the Rights-of-Way Manager. Pre-Approval by Rights-of-Way Manager – Prior to submitting an Encroachment Permit Application covering the installation of a new pole, Licensee shall verify with the Rights-of-Way Manager the eligibility of the Rights-of-Way location for the proposed pole installation. Licensee shall include in the Encroachment Permit Application documentation from the Rights-of-Way Manager approving the proposed pole location in the Rights-of-Way. SECTION 10. INTERFERENCE WITH OTHER FACILITIES PROHIBITED Interference with Rights of Others Prohibited – Licensee shall not impede, obstruct or otherwise interfere with the installation, existence and operation of any ---PAGE BREAK--- 4849-8700-6028.43 Page 11 of 19 other facility in the Rights-of-Way, including sanitary sewers, water mains, storm water drains, gas mains, poles, aerial and underground electrical infrastructure, cable television and telecommunication wires, public safety and County networks, and other telecommunications, utility, or County personal property. Signal Interference with County’s Communication Infrastructure Prohibited – In the event that Licensee’s Communication Facility interferes with the County’s traffic light signal system, public safety radio system, or other County or Town communications infrastructure operating on spectrum where the County is legally authorized to operate, Licensee will respond to the Licensor’s request to address the source of the interference as soon as practicable, but in no event later than twenty-four (24) hours of receiving notice. SECTION 11. COMPLIANCE WITH UTILITY REGULATIONS Compliance with Local Regulations – All Communication Facility installations shall be in compliance with all relevant legal requirements for connecting the Communication Facility to electricity and telecommunications service. Neither Town nor County is not responsible for providing electricity or transport connectivity to Licensee. SECTION 12. EMERGENCY CONTACTS Coordination of Emergency Events – In case of an emergency due to interference, failure of traffic light signal system, or any unforeseen events, Licensor will act to protect the public health and safety of its citizens, and to protect public and private property, notwithstanding any provision in this Agreement. Licensor will make every reasonable effort to coordinate its emergency response with the Licensee. To that end, the Licensor will use the following emergency contacts: The Licensee’s network operations center may be reached 24/7 at (877) 244-7889. Licensee’s Duty to Maintain Current Emergency Contacts – Licensee will maintain the emergency contact information current at all times with the County Representative. Licensee’s Response to Network Emergency - In case of a network emergency, Licensee may access its Communication Facility without first notifying the County and Town Representatives provided Licensee has conducted network trouble-shooting and diagnostic tests and has reasonably identified the point or points of network failure or malfunction. While acting under this provision to address a network emergency, Licensee shall conduct its activities within the Rights-of-Way in such a manner as to protect public and private property. Licensee will make every reasonable effort to coordinate its emergency response with the Licensor and Town. To that end, prior to entering the Rights-of-Way, Licensee will contact the County Representative and Town Representative and give notice to ---PAGE BREAK--- 4849-8700-6028.43 Page 12 of 19 Licensor of the network emergency and an estimated time period to address the situation. Licensor’s Duty to Maintain Emergency Contacts – Licensor will maintain the emergency contact information current at all times with Licensee. Town’s Duty to Maintain Emergency Contacts – Town will maintain the emergency contact information current at all times with Licensee. SECTION 13. INDEMNITY General Indemnity Clause – Licensee covenants and agrees to INDEMNIFY, DEFEND and HOLD HARMLESS, the County, the Town, and the respective elected officials, employees, officers, directors, agents and representatives of the County and Town, individually and collectively (“Indemnitees”), from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the County and/or Town arising out of a third-party claim to the extent arising from any negligent acts or omissions of Licensee, any agent, officer, director, representative, employee, consultant or subcontractor of Licensee, or their respective officers, agents employees, directors or representatives while in the exercise of the rights or performance of the duties under this Agreement. The indemnity provided for in this paragraph shall not apply to any liability arising from the negligence of the County, Town or an Indemnitee. IN THE EVENT LICENSEE AND COUNTY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH APPLICABLE LAW, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE COUNTY UNDER STATE LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER STATE LAW. Licensor’s Duty to Notify Licensee of Claims – The County or Town shall give prompt written notice to Licensee of any claim for which the County or Town seeks indemnification. Licensee shall have the right to investigate, defend, and compromise these claims with prompt notice to the District ACounty attorney and Town Attorney. Said approval shall not be unreasonably withheld, delayed or conditioned. Licensor’s Consent to Settle Claims – Licensee may not settle any claim subject to this Section without the consent of County and Town, unless the settlement will be fully funded by Licensee, and (ii) the proposed settlement does not contain an admission of liability or wrongdoing by any elected officials, employees, Formatted: Indent: Left: First line: 0" ---PAGE BREAK--- 4849-8700-6028.43 Page 13 of 19 officers, directors, volunteers or representatives of County or Town. The County or Town’s withholding its consent as allowed in the preceding sentence does not release or impair Licensee of any obligations under this Section. Licensee must give County and Town at least twenty (20) days advance written notice of the details of a proposed settlement before it becomes binding. Any settlement purporting to bind County or Town must first be approved by the County and Town, respectively. General Limitation – Neither party will be liable under this Agreement for consequential, indirect, or punitive damages (including lost revenues, loss of equipment, interruption, loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. SECTION 14. INSURANCE REQUIREMENTS Prior to the commencement of any work under this Agreement, the Licensee shall furnish copies of all required certificate(s) of insurance to the County Representative and the Town Representative. The County and Town shall have no duty to pay or perform under this Agreement until such certificate has been received by the County and Town. County and Town reserves the right to review the insurance requirements of this Section during the effective period of this Agreement and any extension or renewal hereof and to modify insurance coverages and their limits when reasonably determined necessary by the County or Town based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement. Such review and modification shall not occur more frequently than every five years. The Licensee’s financial integrity is of interest to the County; therefore, the Licensee shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at the Licensee’s sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Nevada and with an A.M. Best’s rating of no less than A-VII, in the following types and for an amount not less than the amount listed below: Type of Coverage Amounts 1. Workers’ Compensation Statutory 2. Employers’ Liability $1,000,000 3. Commercial General Liability Insurance to include coverage for the following: a. Premises/Operations b. Independent Contractors Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence and General Aggregate limit of $2,000,000 ---PAGE BREAK--- 4849-8700-6028.43 Page 14 of 19 c. Products/complete operations d. Property damage 4. Business Automobile Liability Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence The Licensee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following provisions:  Name the County, Town, and their respectiveits officers, officials, employees, and elected representatives as additional insureds, as respects operations and activities of, or on behalf of, the named insured performed under contract with the County or Town, with the exception of the workers’ compensation and professional liability policies.  Workers’ compensation and employers’ liability policies will provide a waiver of subrogation in favor of the County.  Upon receipt of notice from its insurer, Licensee will provide Licensor and Town with thirty (30) days prior written notice of cancellation. Within thirty (30) calendar days of a suspension, cancellation or non-renewal of coverage, the Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to the County and Town. The County shall have the option to suspend the Licensee’s performance should there be a lapse in coverage at any time during this Agreement. In addition to any other remedies the County or Town may have upon the Licensee’s failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the County shall have the right to order the Licensee to stop work hereunder, and/or withhold any payment(s) which become due to the Licensee hereunder until the Licensee demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which the Licensee may be held responsible for payments of damages to persons or property resulting from the Licensee’s or its subcontractors’ performance of the work covered under this Licensee Agreement. It is agreed that the Licensee’s insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the County and Town for liability arising out of operations under this Agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement. ---PAGE BREAK--- 4849-8700-6028.43 Page 15 of 19 SECTION 15. ADMINISTRATION OF LICENSE Administration of License by County and Town Officials – The County Representative is the principal County person responsible for the administration of this Agreement. The Rights-of-Way Manager shall review the operations of Licensee in the Rights-of-Way under this Agreement and the Rights-of-Way Regulations. The Town Representative is the principal Town person responsible for the administration of this Agreement on behalf of Town. Licensee’s Duty to Communicate with County Officials – Licensee shall communicate with the Rights-of-Way Manager all matters in connection with or affecting the installation, construction, reconstruction, maintenance and repair of Licensee’s Communication Facility in the Rights-of-Way and provide periodic deployment plans to the Rights-of-Way Manager, and the County Representative and the Town Representative. Notice – Notices required by this Agreement may be given by registered or certified mail by depositing the same in the United States mail in the continental United States, postage prepaid. Either Party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered as follows: If to Licensor: Douglas County Community Development Engineering Division 1594 Esmeralda Avenue Room 202 PO Box 218 Minden, Nevada 89423 If to Town: Town of Minden 1604 Esmerelda Ave. Suite 101 Minden, Nevada 89423 If to Licensee: Mobilitie, LLC Attn: Legal Department 660 Newport Center Drive Suite 200 Newport Beach, CA 92660 [EMAIL REDACTED] With a copy to: Mobilitie, LLC Attn: Asset Management 660 Newport Center Drive Suite 200 Newport Beach, CA 92660 [EMAIL REDACTED] SECTION 16. ASSIGNMENT OF LICENSE ---PAGE BREAK--- 4849-8700-6028.43 Page 16 of 19 Limited Right of Assignment – This Agreement and each Encroachment Permit issued pursuant to this Agreement may be sold or assigned by Licensee without any approval or consent of the Licensor to Licensee’s principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Licensee’s assets in the market defined by the FCC in which the Right-of-Way is located by reason of a merger, acquisition or other business reorganization provided that such acquiring entity is bound by all of the terms and conditions of this Agreement. As to other parties, this Agreement and each Encroachment Permit issued pursuant to this Agreement may not be sold or assigned without the written consent of the Licensor and Town, which shall not be unreasonably withheld. Licensee shall provide the County and Town Representatives with notice of any such merger, acquisition or other business reorganization with a principal, Affiliate or subsidiary of Licensee within a reasonable period of time after the consummation thereof. No change of stock ownership, partnership interest or control of Licensee or transfer upon partnership or corporate dissolution of Licensee shall constitute an assignment hereunder. Licensee’s Right to Grant Security Interest in License – Additionally, Licensee may mortgage or grant a security interest in this Agreement and the Communication Facility, and may assign this Agreement and Communication Facility to any mortgagees or holders of security interest, including their successors or assigns (collectively “Mortgagees”), provided such Mortgagees’ interests in this Agreement are subject to all of the terms and provisions of this Agreement. In such event, County and Town shall execute such consent to financing as may reasonably be required by Mortgagees. SECTION 17. FUTURE CONTINGENCY Renegotiation for Incapacity of Contract – Notwithstanding anything contained in this Agreement to the contrary, in the event that this Agreement, in whole or in part, is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful, or otherwise inapplicable, the Licensee and Licensor shall meet and negotiate an amended Agreement that is in compliance with the authority’s decision or enactment and, unless explicitly prohibited. SECTION 18. AGREEMENT VIOLATIONS LEADING TO TERMINATION Events of Termination – This Agreement may be terminated before the expiration date of the Term on written notice by County to Licensee and Town, if Licensee materially breaches any provision of this Agreement and such breach is not cured by Licensee within sixty (60) days after Licensee’s receipt of written notice of such breach from the County. Licensee shall not be excused from complying with any of the terms and conditions of this Agreement by the previous failure of the County to insist upon or seek compliance with such terms and conditions. ---PAGE BREAK--- 4849-8700-6028.43 Page 17 of 19 No Waiver of Duties – Termination of this Agreement does not relieve Licensee from the obligation to pay Annual License Fees accrued and owing to Licensor under the Agreement at the time of termination, or (ii) concerning any claim for damages against Licensee under this Agreement. Licensor’s rights, options, and remedies under this Agreement are cumulative, and no one of them is exclusive of the other. Licensor may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No waiver by Licensor of a breach of any covenant or condition of this Agreement is a waiver of any succeeding or preceding breach of the same or any other covenant or condition of this Agreement. SECTION 19. GOVERNING LAW, JURISDICTION AND VENUE Governing Law – This Agreement is passed in accordance with the constitutions, statutes, ordinances, and regulations of the United States, the State of Nevada, and the County in effect on the effective date of this Agreement, and as such local, state, and federal laws may be subsequently amended. Compliance with Local Ordinances – Nothing in this Agreement shall be interpreted to limit the authority of the County or Town to adopt, from time to time, ordinances, rules and regulations that are generally applicable to occupants of the Rights-of-Way that it determines necessary in the exercise of itsCounty’s governmental powers. Licensee shall abide by all Countyany Rights-of-Way Regulations that do not conflict or are otherwise preempted by state of federal law. Enforcement of Local Regulations – Licensor expressly reserves the right to enforce requirements for ministerial issuance of Encroachment Permits for access to County’s Rights-of-Way. It is understood and agreed that Licensee is responsible for obtaining all such permits necessary to install, maintain and operate its Communication Facility. Jurisdiction and Venue – THE PROVISIONS OF THE AGREEMENT SHALL BE CONSTRUED UNDER, AND IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEVADA, AND ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNDER SHALL BE PERFORMED IN DOUGLAS COUNTY, NEVADA. THEREFORE, IN THE EVENT ANY COURT ACTION IS BROUGHT DIRECTLY OR INDIRECTLY BY REASON OF THIS AGREEMENT, THE COURTS OF DOUGLAS COUNTY, NEVADA SHALL HAVE SOLE JURISDICTION OVER THE DISPUTE AND VENUE SHALL BE IN SUCH COUNTY. SECTION 20. NON-DISCRIMINATION Non-Discrimination – Licensee agrees not to engage in employment practices that discriminate against any employee or applicant for employment based on race, ---PAGE BREAK--- 4849-8700-6028.43 Page 18 of 19 color, religion, national origin, sex, sexual orientation, gender identity, veteran status, age, disability, or political belief or affiliation, unless exempted by state or federal law. In the event non-compliance occurs with this Section occurs, Licensee, upon written notification by County, shall commence compliance procedures within thirty (30) days. SECTION 21. MISCELLANEOUS PROVISIONS Waiver – None of the material provisions of this Agreement may be waived or modified except expressly in writing signed by the Licensee, and Licensor and Town. Failure of anyeither Party to require the performance of any term in this Agreement or the waiver by anyeither Party of any breach thereof shall not prevent subsequent enforcement of this term and shall not be deemed a waiver of any subsequent breach. Severability – If any clause or provision of the Agreement is illegal, invalid, or unenforceable under present or future laws effective during the Term, then and in that event it is the intention of the Parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the Parties that in lieu of each clause or provision of this Agreement that is illegal, invalid, or unenforceable, there be added as part of this Agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. Captions – The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. Extent of Agreement – This Agreement, together with its attached exhibits and the authorizing ordinance, if any, embodies the complete agreement of the Parties, superseding all oral or written previous and contemporary agreements between the Parties and relating to this Agreement. Authority – The signer of this Agreement for the Licensee, and the County and the Town hereby represents and warrants that he or she has full authority to execute this Agreement on behalf of the Licensee, or the County or the Town, respectively. Non-Waiver of Rights – By entering this Agreement, neither Licensor nor Licensee has waived any rights either Party may have under applicable state and federal law pertaining to the provision of Communication Service or Licensee’s access rights concerning the Rights-of-Way. (fg) Force Majeure – In the event a Party’s performance of any of the terms, conditions, obligations or requirements of this Agreement is prevented or impaired due to a force majeure event beyond such Party’s reasonable control, such inability to perform will be deemed to be excused and no penalties or sanctions will be ---PAGE BREAK--- 4849-8700-6028.43 Page 19 of 19 imposed as a result thereof. For purposes of this subsection, “force majeure” means an act of God, a natural disaster or an act of war (including terrorism), civil emergencies and labor unrest or strikes, untimely delivery of equipment, pole hits, and unavailability of essential equipment, and/or materials, and any act beyond the Party’s reasonable control. It also includes an explosion, fire or other casualty or accident, which is not the result of gross negligence, an intentional act or misconduct on the part of the Party. (gh) Technical Amendments – Other than proposed substantive contractual amendments requested under Section 4, the Parties may mutually agree to make technical amendments to the Agreement and its exhibits without the approval of the County that would not alter the obligations and responsibilities of the Parties under the Agreement, in order to address advances and/or innovations in wireless technologies and equipment. (hi) No Partnership or Joint Venture – The relationship between Licensor, Town and Licensee is at all times solely that of licensors and licensee, not that of partners or joint venturers. (ij) Effect of Bankruptcy – Bankruptcy, insolvency, assignment for the benefit of creditors, or the appointment of a receiver is an event of default. (jk) Counterparts – This Agreement may be executed in multiple counterparts, each of which is an original. Regardless of the number of counterparts, they constitute only one agreement. In making proof of this agreement, it is not necessary to produce or account for more counterparts than are necessary to show execution by or on behalf of all Parties. (kl) Further Assurances – The Parties must execute and deliver such additional documents and instruments as may be required to effect fully the provisions hereof. No such additional document(s), however, may alter the rights or obligations of the Parties as contained in this Agreement. Change in Laws – If any federal, state, or local laws or regulations (including, but not limited to, those issued by the Federal Communications Commission or its successor agency) and any binding judicial interpretations thereof (collectively, “Laws”) that govern any aspect of the rights or obligations of the parties under this Agreement shall change after the effective date and such change makes any aspect of such rights or obligations inconsistent with the then-effective Laws, then the parties agree to amend the Agreement as reasonably required to accommodate and/or ensure compliance with any such Laws. EXECUTED and AGREED. COUNTY OF DOUGLAS MOBILITIE, LLC Formatted: Indent: Left: First line: 0" ---PAGE BREAK--- 4849-8700-6028.43 Page 20 of 19 (Signature) (Signature) Printed Name: William B. Penzel Printed Name: Title: Chair - County Board Title: Date: July 20, 2017 Date: TOWN OF MINDEN (Signature) Printed Name: Title: Date: Formatted Table Formatted: Left Formatted: Font: Not Italic Formatted: Font: Bold ---PAGE BREAK--- November 8, 2017, Special Meeting of the Minden Town Board Administrative Agenda, Item Number 5 DATE: __November 1, 2017 PREPARED BY: Jenifer Davidson, Town Manager SUBJECT: For possible action: Discussion and possible action to provide direction to Town Staff regarding a presentation on the Town of Minden pilot recycling program and the possible costs and options to implement a recycling program in Minden. Appearance by Jenifer Davidson, Town Manager and Ted Thran, Town Accountant. Public comment. PREVIOUS ACTION:  April 6, 2016, Board Meeting: Board adopted the 2016 Strategic Planning goals.  January 4, 2017, Special Board meeting: Board approved a request by Town Staff to create a pilot curbside recycling program in coordination with Douglas Disposal and the Town of Gardnerville in a select neighborhood of the Town of Minden. BACKGROUND: A strategic planning session was held on February 9, 2016. The Town Manager subsequently assembled and prioritized the attached Strategic Planning Goals and action plans in response to the session which were adopted by the Board in April. Among the goals adopted by the Board was to “Investigate, explore and evaluate the possibility of implementing a trash recycling program in Minden.” In furtherance of this goal, Town Staff proposed and the Board approved a pilot curbside recycling program, in coordination with the Town of Gardnerville and Douglas Disposal in a select neighborhood of the Town of Minden. The pilot provided single stream recycling service at no additional to select customers. During this time, Town Staff collected data regarding the total volume of recyclable materials generated by the sample group and the overall cost of the service. This data was analyzed to determine if a recycling program will be cost effective and feasible in Minden. This item appears on the agenda so that Town Staff may share findings from the pilot program and seek direction from the Town Board. STAFF RECOMMENDATION: Staff recommends the Board provide direction to Town Staff regarding a presentation on the Town of Minden pilot recycling program and the possible costs and options to implement a recycling program in Minden. ACTION TAKEN: Approve Continue Deny Approve with conditions: ---PAGE BREAK--- Single Stream Curbside Recycling Pilot Program 1 Photography courtesy of Jennifer Ward ---PAGE BREAK--- The pilot recycling program was designed to answer consistent and continuing inquiries about curbside recycling in the Valley: Who would participate? How much would we recycle? How much would it cost? And finally, would residents be willing to pay for it? 2 ---PAGE BREAK--- Pilot Curbside Recycling Program In Carson Valley • Six month pilot period, February through July • 140 homes in DDI residential area • 120 homes in Town of Gardnerville • 140 homes in Town of Minden • Pickup every other week • No charge for service • Processed at STR recycling facility • Survey of participants 3 ---PAGE BREAK--- Pilot Curbside Recycling Program Data Average Weight Per Load 2,436 lb. Average Participation Rate 80% Processed Weight 78,440 lbs. Recyclables Weight 70,917 lbs. Contamination Weight 7,523 lbs. Processing Cost $ 7,932 Collection Cost $ 7,467 Transport Cost $ 2,700 Total Cost $ 18,099 Revenue 3,085) Disposal Off-Set 850) Net Cost of Program $ 14,164 Cost Per Ton $ 361 4 ---PAGE BREAK--- Material % By Weight Value Per Ton Paper 34% $75 Glass 22% -$14 Cardboard 19% $125 Trash 9% -$106 Mixed Plastic 5% -$110 Plastic #1 4% $80 Tin 3% $70 Plastic #2 2% $160 Aluminum 2% $1300 Paper Glass Cardboard Trash Mixed Plastic Plastic #1 Tin Plastic #2 Aluminum 5 Materials By Type ---PAGE BREAK--- Materials by Revenue Material Scrap Value Per Ton % By Revenue Paper $75 32% Glass -$14 Cardboard $125 29% Mixed Plastic -$110 Plastic #1 $80 4% Tin $70 3% Plastic #2 $160 4% Aluminum $1300 40% Paper Glass Cardboard Mixed Plastic Plastic #1 Tin Plastic #2 Aluminum 6 ---PAGE BREAK--- Pilot Curbside Recycling Survey Results Participant Approval Rating • Convenience 92% • Tote Size 90% • Information Clear 90% • Pickup Schedule 86% • Storage Problems 44% • Value of Program – $ 0 month 26.5% – $1 - $2 a month 20.5% – $3 - $4 a month 26.5% – $ 5 or more a month 26.5% 7 ---PAGE BREAK--- Survey Question: Preferred Recycling Programs • Volunteer recycling at Transfer Station 21% • Volunteer recycling at drop-off sites 12% • Expand volunteer drop-off sites 16% • Curbside recycling at increased cost 65% • Curbside green waste recycling 74% • Large item drop off for customers 24% 8 ---PAGE BREAK--- Current Recycling Options Douglas County Transfer Station  Cardboard, glass, plastics, paper, tin Wood and green waste recycling  Metal recycling  Used oil recycling Community Recycling Drop-Off Pa Wau Lu Middle School Jacks Valley Elementary Gardnerville Elementary Topaz GID Douglas Animal Shelter – aluminum donation Boy Scouts Troop 495 – aluminum donation 9 ---PAGE BREAK--- 10 Community Drop-Off Boxes ---PAGE BREAK--- Transfer Station Processing 11 ---PAGE BREAK--- Transfer Station Expansion Options Increased Drop-Off Sites • Maximize Processing • Power Upgrade • Industrial Baler • Sorting Line Facility Expansion • Building Addition • Elevated Sorting Line • Bunkers and Shoots • Additional Staffing 12 ---PAGE BREAK--- Comments and Direction Sample Survey Response: We have 2 different views in our house: 1. My husband doesn't care about a recycling program & will be mad if we have to pay extra for it. 2. I love the recycling program & am willing to pay a small fee for it. I'm sad that we had to end the pilot program & can't just roll right into a permanent recycling program. It's about time we have this. 13 ---PAGE BREAK--- Pilot Curbside Recycling Program Survey Comments Would like it weekly and in other areas I liked having these had in Seattle for years! I wish pick ups were once a week and all on the same day. Provide separate recycle bins for each recycling category. I enjoyed the pilot recycling program. I had only one small bag of garbage each week. The container work well it was large enough and pick-up every other week worked well. I am a household of 1. I would pay a small fee $1-4 for this service. I enjoyed recycling! Did not have enough material regularly. Please continue the program. Tax money would be better spent on animal services & return the facility to full time hours. I do not want raised taxes to store the recycled collection. Cut back on water, water goes up in Reno. Cut back on electric, electric goes up in CA. Recycle in CA raised taxes to build recycle storage. Providing more information on what and where we can recycle for free would be helpful I do like the convenience of curbside but won’t want to pay extra Thought program to be outstanding sad to see it go would be willing to jump back on board if offered again I understand a charge would have to be collected happy to pay a couple of bucks but would discontinue if costs increased I think it is a great program I had to think about what I would toss in garbage I became more aware and careful of products I would buy. Thank You We think this would be great for the whole valley It was so easy and I believe we made a big impact on the amount of trash that didn't have to go to the landfill it should continue We have recycled extensively for 20 years at this residence through local drop off options curbside is convenient but I would not be interested in paying for it. We would go back to our old system if it’s a cost to use Please continue this program we would pay $5 a month Reno has a program at no cost to the customer and they do not have to separate newspaper etc, they also pick up extra trash bags not at extra cost I had a lot more in recycle can than in regular trash can I would not need a 90gal can if I had a recycle can a 32gal can would be sufficient Since I am only a single household, it did not benefit me since I never had enough to fill the container which I felt was too large thank you for the opportunity I think it is a wonderful program I hope and look forward to it starting up again very easy to use thank you for the pilot program It was wonderful not to drive that bumpy awful road to the dump I hope you will continue the recycle program from curbside Loved it ---PAGE BREAK--- Why should consumer have to pay when you resell it Need clearer more specific info on products ok to recycle also would be helpful to include specific examples. We need this program in our community I think this is a good program I do not want to increase my charges so I am willing to drop off my recycling as I have done in the past This pickup program you provided was nice but like I said if I am going to be charged extra for it I do not want to participate in it again. Terrific program long overdue proud to have participated convenient and easy to use this program, should be mandatory It is a necessity for everyone to recycle; going green provides jobs and serves a valuable purpose in making earth a more healthful place to exist It is time we all do our part and this should be continued its worth paying for Money really I will take to dump to recycle you charge a lot for transit already sorry this program did not make you money Nevada is turning into a big kitty box of trash We loved that this program picked up cardboard and shredded paper. We have always volunteered recycling but it was a hassle to drive to dump just for those items, the rest we could take to PWL great idea Have green waste recycle and large object drop off area, sick of seeing green waste and large objects dump in desert What a great trial, I estimate at least 20% of our trash went into the recycle bin, please keep it going Do not charge to customers in Arizona. Customer garbage was picked up twice a week, recycle once a week for less than $150 per year. Check with owner of company she lives in AZ for half the year. Alternate weeks with regular trash to reduce cost not willing to pay for someone else to make money off the program The wheeled bin is too large and hard for a man to handle. I have no place to properly store the bin. Cans go to the animal shelter, used oil must be handled another way Awesome program we were sorry to have it end we filled the container up every 2 weeks and it helped us feel that we were doing our part in helping the environment Had to make more room to store another trash can we have very little recycle no newspaper magazines etc. One can pickup once a week is enough, no pay increase please This worked please continue shouldn't cost much more we can go for free to dump and recycle paying for convenience I guess feels good to recycle I was surprised at how much was recyclable and found it super easy to recycle in this pilot Please continue and expand to Minden if possible! Love this recycling program I am sad to see the study is over and wish the curbside recycling will continue soon! We were very happy with curbside recycling. I think it would be more convenient if the pick-up day could be the same as the garbage pick-up day--especially when it was only every other week. We had far more recycling than actual garbage and would need a much smaller garbage can. Recycling can size was good. currently recycle everything collecting all materials subject to hand separating is not desirable We hope it continues! it was very convenient We really liked it and hated to throw the paper away when it can be recycled. We would like to see the program be available again. ---PAGE BREAK--- tax money would be better spent on animal services and return the facility to the full time hours. I do not want to store the recycled collection, cut back on water, water goes in Reno cut back on electric goes in Calif recycle in Calif taxes Please continue this program It was great! Would pay to have it continued Can't say enough about how awesome it was to have this! I am certain we recycled more because there was no "I don't want to store anymore stuff in my garage!" Please offer this program and bring back my blue can! Get rid of the trash collection trucks and staff and outsource. All governments need to reduce costs and outsource where it makes sense to independent companies that compete. It is ridiculous that Minden and Gardnerville don't combine resources and reduce headcount accordingly. Curbside recycling, trash and green waste should be outsourced. We loved having the program. It is hard to get out the to Refuse center regularly, so this was a great option. Plus we cut down so much on our regular trash, we could use a smaller trash container, like in the bigger cities. We were super sad to have to return the recycle container. None a FREE curbside recycling program similar to the city of Reno's is preferred. The current green waste recycling program should remain in effect at NO cost to the customer. To pick up and sell is worth it then continue the program. If doesn't and goes straight to the landfill then that is not a good option and in this case the recyclables should be laid out with baseball fields built on top of them. We loved the convenience of this program! We ended up recycling a lot of materials that aren't currently accepted in most community bins. Not having to sort items, drive to a location and drop off was SO NICE! I enjoyed being in the Pilot and was surprised how many items were recycled every other week. Already recycle via facilities at work and at GES. Plus extreme items oil) go to County transfer station. I deliver recycles maybe every 2-3 months. Biweekly frequency plus extra receptacle is not practical. I strongly recommend you continue and expand this program - loved it! We, as a community, need to be doing this to reduce the amount of trash and resources used as global citizens. And on a personal level, the convenience was great, and it will make it encourage more people to recycle. Please bring it back! Would prefer if pick up for recycling bin was the same day (whether weekly or bi-weekly) as regular trash pick-up day. Great program and about time! I hope it is successful and continues. Thought the program was wonderful and believe that it's about time to get on board with recycling! Thank you for launching this pilot program and I hope that it leads to bigger and better things! I am so sad this program is over. It seems a bit shameful we don't have curbside recycling in this valley. Get with the times, bring it back. LOVE Loved the program, used it every time. 10 out of 10 approved. I recycle and loved the convenience of this program. I am going to miss it! I would be willing to pay for the service. This was a fantastic program!! Every pick-up week, our recycling bin was full to the brim. We significantly cut down on the amount of trash we had, recycling anything and everything found on the list. Please bring it back permanently! ---PAGE BREAK--- I loved being able to recycle items Thought it was great and would like to see it return. We were so grateful to have recycling pick up at our home. We have recycled for many years and have always dreaded the gas/carbon footprint/time commitment of having to go to the dump. This was very convenient and we would certainly be willing to pay for it in future. Really like the curbside recycling program. I am elderly and was taking my recycling to the transfer station which was getting very difficult for me to do. I think that the bins should come in different sizes for different households. I also recommend changing the color of the bin to blue so that it is easier to recognize from the regular trash bin I'm very glad I was included in the pilot program. It's hard to get out to the recycling center since I work full time. I was able to recycle more types of things than usual since you picked it up every other week. Thank you! It worked, well, for our household. We will continue to, recycle, which we have, always done, when possible. Now, we have a better understanding of the type of materials, wanted. Now, regarding any, monetary charge to us, Minden/Douglas County, residents, I do not believe that would be acceptable! Any curbside recycling, whether general recycling or green waste should be voluntary and provided at no cost to the customer. I liked the convenience of the program because current recycling in the county is very inconvenient, to the point I don't do it. We must recycle to improve the world. Convenient program, the tote could be smaller for easier storage in garage. Concerned about losing a day of green waste. Cans got smelly after sitting 2 weeks. Not interested in continuing this program I'm disappointed the recycling program is ending. It was convenient. We will, however, continue to recycle the same as we were before the curbside service. Excellent program. It reduced my trash volume by 2/3! I grew up in a town that had both recycling and green waste pickups every week since the 1996. When I moved to Gardnerville in 2014, I was shocked that there was no program like this is place. I was very excited to be a part of the trial. It was really easy and convenient for our household. I think this is a very important program for our community. Was very pleased to participate in this program and am sad it is ending. Really want this to continue. Very sad the recycling pilot has ended, it was so exciting for our family. It is very hard to store recycling in different containers and bring them to be recycled without space to keep it, and a truck to haul it. Our family could easily have trash picked up every other week and recycling every week, based on this pilot. Please provide recycling. Would not pay for it. Like the idea of recycling but would not pay for it. It felt very good to recycle such a great amount of waste. 1) We had been taking the recycling out to the recycling center and this service would save us $2 a month in gas 2) it was great to see all our neighbors FINALLY recycling 3) some neighbors wondered why this was necessary as they believe all the trash gets sorted thru up at the lake anyway. 4) alternate trash & recycling weekly to reduce costs Really hoping this program continues! I love that I can put all of my recyclables in one container. I have always recycled and will continue to recycle at the collection site at the transfer station. The number one benefit to this program is not having to sort my trash, number two is not having to go to the transfer station. ---PAGE BREAK--- We've waited a long time for this program, and feel very strongly that it was a huge benefit. We found that it eliminated the need for a second trash bin that we had been paying for, and significantly reduced the amount of trash in the single bin we still used. On a bi-weekly basis, our recycling bin was fuller than our normal trash bin!! A curbside recycling program for all customers at cost should be optional, as should the frequency of pickup. I shared my recycle bin with a friend, and together we filled it up. By myself, once a month pickup would be more than adequate. FYI, I am a regular recycler at the County transfer station and will continue to be in the future. The current trial period collection is working well. Was very pleased to be participating in the pilot curbside recycling. Would hope to see it implemented in our area. We will return to volunteer recycling at the collection site at the County transfer station. Will find a small fee acceptable. No I cannot fully express how we immensely enjoyed participating in this pilot program. It was very convenient for us, very hassle-free, and the directives regarding types of recyclable items was clear. I would immensely support implementing this program on a permanent basis at a cost. Many thanks! Why are plastic bags not included? Plastic bottles and metal cans should be able to be crushed. Why do I do all the work, including cleaning and drying metal cans and cutting myself frequently, and the city gets the profit? I would prefer that the profit go to a charity, such as the SPCA. I do not care to participate any longer. This is not CA. I have always recycled and usually took everything to the transfer station every other week. Since it would save me the inconvenience, I would be willing to pay to continue the recycling service twice if the cost is reasonable. Once every two weeks is not enough. It needs to be once per week. Other than that, we love it! Thank you so much! One thing that would be nice is to have all three pickups on the same day. I loved this program and hope it continues! It’s easy. Recycling is the way to go. We all need to do our part and recycle. I'd be willing to pay for it at curbside. Thank you. Thank you, the curbside recycling program worked and I believe necessary for today’s issues. Thanks for being proactive and friendly. All drivers were pleasant and on time. We loved the recycling. I loved the curbside recycling program. I think it is time that we offer this program as it's been available in the surrounding communities for years. In the past, I was not a real recycler but I certainly became one with this program. I find myself going for the recycling bin (that's no longer there) often. I'd love to have it back! I believe what we recycle we shouldn't have to pay for any pick up its not hitting our waste land and the $ is being paid back out when it is returned in but if you make a site for us we are happy to drop off ourselves and get $ back I am widowed senior 85 years old on a fixed income the curb pickup is very convenient for me and I would be willing to pay some extra as long as it is not too much I feel this community has many people who would like to participate in recycling IF it is worth it to the district and the environment. Offer free amount of compost/mulch to be picked up by customer. Additional comments made for question #13: "If free" was written in on his top two selections. Please continue the program! I think this program was great. I'm all for recycling and convenience so I really hope this program returns even with a cost. Thank you!! I really appreciated curbside recycling and hope for this community that the program will not be temporary and be permanent. Thank you. Once a month pick up would have been enough for our household of 2. Provide curbside recycling at no cost to its customers. Additional comment: question 11's wording could be misleading. ---PAGE BREAK--- It was nice to be able to recycle from home. I am a widower and do not have enough recycle waste to bother with because I live alone. Now is the time to engage recycling. The town & community as a whole... the entire county. No modern forward thinking town, city, county in the USA is not recycling. Actually, it is well past time to implement a recycling program. Display leadership and the morale courage to make this happen! Comment on question 12: Whatever it takes. we can't afford not to. ---PAGE BREAK--- Households Pounds Daily Ave Picked up Participation Pounds Per Per 3/9/2017 68 48.57% 1880 27.65 1.97 3/23/2017 98 70.00% 2700 27.55 1.97 4/13/2017 109 77.86% 3600 33.03 2.36 4/27/2017 94 67.14% 2340 24.89 1.78 5/11/2017 95 67.86% 2400 25.26 1.80 5/28/2017 94 67.14% 2660 28.30 2.02 6/8/2017 104 74.29% 2600 25.00 1.79 6/22/2017 105 75.00% 2400 22.86 1.63 7/13/2017 118 84.29% 3000 25.42 1.82 7/27/2017 105 75.00% 2540 24.19 1.73 Total 26120 Average 2612 26.42 1.89 Town of Minden Recycling Pilot Study results ---PAGE BREAK--- Likes Program Y/N Town of Minden Customer comments Y Ok with program but not happy with losing half of his yard waste days. Requested refund or rebate for the greenwaste service he is no longer receiving. Was advised the greenwaste service is complimentary and the Town is not required to provide the greenwaste service, nor do we charge for it. y Super excited! Already recycles and will save a trip to dump Y Super excited! Already recycles and will save a trip to dump Not sure Concern about greenwaste ending up in the trash in the summer and the cost to Minden accordingly. He prefers greenwaste. Update: requested 2nd yard waste can Y Thinks it’s a great idea y doesn't like that the trial is in her neighborhood. NOWHERE TO PUT CANS!!! Loves the idea and thinks we all need to recycle more but not happy about the can having to stay out on street because she has no storage on property to put the can. OPTING OUT Tenant isn't going to use program, doesn't have any recyclables. Refused can then asked for one in case owner of property wants it. N Doesn't want can. Doesn't do this. Not sure VERY confused. Trish tried the help explain what to recycle and what not to. Called again and was explained a few more things. N What to do about yard waste. Fills can every week and now getting days taken away. What do they do?? Y Concerned about the glass being mixed in. Doesn't want it to break and hurt someone. Y Excited!! Upset about not making it permanent. Y Would use program if in town. Currently working on moving to the area but is not here until after July. Is keeping can for when they are in town. Only critique is the can is HUGE! Y Nothing but good things to say and is very appreciative that he doesn't have to go out to the dump every 2 weeks. Loves the program and was curious about which areas had the program Y Sent a note: We are just thrilled with the recycling program recently begun in our neighborhood. Formerly, we "stock- piled" our recyclables and drive 10 miles round-trip to the transfer station (or to Bently's for a while). But that was quite a way to go in an effort to do our part for conservation. We are proud of the Town Board and Staff for initiating this program. Thank you! y LOVES THE PROGRAM!!! Is super excited that she doesn't need to sort anymore and she is going to tell all the neighbors to call and tell us how wonderful it is. y Would love to see the program happen (is not currently in the pilot program) y Would love to see the program happen (is not currently in the pilot program) y Would love to see the program happen (is not currently in the pilot program) y Would love to see the program happen (is not currently in the pilot program) ---PAGE BREAK--- November 8, Minden Town Board Meeting Administrative Agenda, Item Number 6 DATE: __November 1, PREPARED BY: Alicia Dickerson, Office Specialist SUBJECT: For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a request by Town Staff to take over the Hot August Night’s Poker Run lunch stop and “May the 4th Be With You” events in Minden from Main Street Minden. Possible approval may include approving a budget for each event. Appearance by Jenifer Davidson, Town Manager. Public comment. PREVIOUS ACTION:  Main Street Minden has hosted the “May the 4th Be With You” event for the past 2 years. Fee waivers were included with the Town’s partnership with Main Street Minden.  The Hot August Nights Poker Run lunch stop street closure has been approved by the Town Board for many years. BACKGROUND: “May the 4th Be With You” event was first held on May 4, 2015 in celebration of “Star Wars Day”. This community event draws approximately 500+ people each year to the Downtown area and was felt to be Main Street Minden’s flag-ship event. With the dissolution of the program, a question was raised regarding the continuation of this event and if there is a desire to keep it in the Town of Minden. The Hot August Nights Poker Run lunch stop has been co-sponsored by Minden for 10+ years. Other organizations in the Valley have organized the event including the Carson Valley Chamber of Commerce, and the Carson Valley Visitors Authority in partnership with Main Street Minden. In the past the Town waived fees associated with closing the streets and providing staff support of the event. The Town also help fund the cost of the lunches for volunteers of the event. The Town Board is being asked if there is a desire to assume the responsibility of sponsoring this event. The Town Board may wish to seek local non-profit organizations, community groups, and like- minded businesses to partner with to preserve these community embraced events in the Town. FISCAL IMPACT: The fiscal impact is unknown at this time for either event and will depend on the Town’s level of participation. The Town typically budgets between $1500- $2,000 for events like the Carson Valley Day Breakfast and the Fourth of July. Town Staff intends to seek a cosponsor/event partners for each. Previously the Visitor’s Authority paid the $2,500 sponsorship fee for the Poker Run and made arrangements for Main Street to assume the event costs over four years as follows: Year: CVVA MSM 2018: $1,500 $1,000 2019: $1,000 $1,500 2020: $ 500 $2,000 2021: $2,500 ---PAGE BREAK--- November 8, Minden Town Board Meeting Administrative Agenda, Item Number 6 STAFF RECOMMENDATION: Town Staff recommends the Board approve a request by Town Staff to take over the Hot August Night’s Poker Run lunch stop and “May the 4th Be With You” events in Minden from Main Street Minden. Possible approval may include approving a budget for each event. ACTION TAKEN: Approve Continue Deny Approve with conditions: ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Administrative Agenda, Item Number 7 DATE: __November 8, PREPARED BY: Jenifer Davidson, Town Manager JD Frisby, Superintendent of Public Works SUBJECT: For possible action: Discussion and possible action to approve, approve with conditions, continue or deny a responsive bid by Houston Smith Construction, Inc. to renovate the CVIC Hall and restroom facilities for an amount not to exceed the previously approved budget for the project; and if approved authorize the Chairman to execute an agreement for the same on behalf of the Town. Appearance by JD Frisby, Town Superintendent of Public Works. Public comment. PREVIOUS ACTION:  May 4, 2016, Board Meeting: Board approved the Town of Minden Fiscal Year 2016/2017 final budget including $250,000 for the renovation of the CVIC Hall.  May 3, 2017, Board meeting: Board approved the Town of Minden Fiscal Year 2017/2018 final budget including the carryover amount of $195,000 for the renovation of the CVIC Hall.  June 19, 2017, Special Meeting: Board reviewed the Engineer’s Estimate of Probable Costs, and the Specifications Package prepared for the renovation of the restroom facilities for the CVIC Hall and directed staff to bring back a specifications package that addresses the renovation of the Hall and the bathrooms that stays within the remaining budget balance for the entire project.  September 13, 2017, Special Meeting: Board approved the Specifications Package prepared for the renovation of the CVIC Hall and set a total budget for the renovation of the CVIC Hall and restroom facilities in an amount not to exceed $200,000. BACKGROUND: In Fiscal Year 2017, the Town Board designated a portion of the Town’s Capital Improvement Plan and budget for the renovation of the CVIC Hall including the replacement of the audio visual equipment, tables, chairs, restroom facilities and paint and aesthetic improvements. In Fiscal Year 2017, Town Staff ordered a new sound system, screen for the projector, tables and chairs for the Hall. These items were purchased first so that Staff may determine how much of the $250,000 budget would remain to update the bathrooms, and refurbish the paint and fixtures in the hall. In January of 2017, Town Staff reviewed the engineering services pool and determined the applicable design services were not offered by the firms within the pool. For this reason, Town Staff selected a local interior design service, Designing Images, LLC Inc., to put together design options for the bathrooms, paint and fixtures in the hall. Pursuant to Board direction Town Staff worked with Designing Images to prepare design options, fixtures, materials and paint selections for the CVIC Hall and facilities this design was reviewed ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Administrative Agenda, Item Number 7 and approved in September. The project was formally advertised for bid in October. The four respondent bids were tabulated and summarized in the attached spreadsheet. FISCAL IMPACT: The Board previously approved $250,000 for the renovation of the CVIC Hall. Of that original amount, $35,000 was designated for designing and engineering services, and $55,000 was utilized to replace equipment in the CVIC Hall. In September, the Board approved a revised budget for the renovation work not to exceed $200,000, not including design services and replacement of equipment already purchased. STAFF RECOMMENDATION: Staff recommends the Board approve a responsive bid by Houston Smith Construction, Inc. to renovate the CVIC Hall and restroom facilities for an amount not to exceed the previously approved budget for the project; and if approved authorize the Chairman to execute an agreement for the same on behalf of the Town. ACTION TAKEN: Approved Continued Denied Approved with conditions: ---PAGE BREAK--- TOWN OF MINDEN CVIC HALL RENOVATIONS Bid Opening Date: October 25, 2017 - 10:00 AM BID SCHEDULE Unit Price Amount Unit Price Amount Unit Price Amount 1 MOBILIZATION 1 LS $ 16,500.00 16,500.00 $ $ 11,935.00 11,935.00 $ $ 8,000.00 8,000.00 $ 2 BATHROOM DEMOLITION 1 LS $ 6,000.00 6,000.00 $ $ 7,560.00 7,560.00 $ $ 6,400.00 6,400.00 $ 3 INSTALL TOILET W/PLUMBING 6 EA $ 1,560.00 9,360.00 $ $ 1,367.50 8,205.00 $ $ 833.33 4,999.98 $ 4 INSTALL URINAL W/PLUMBING 2 EA $ 1,470.00 2,940.00 $ $ 1,545.00 3,090.00 $ $ 2,050.00 4,100.00 $ 5 FLOORING TILE MEN'S BATHROOM & HALLWAY 425 SF $ 19.76 8,398.00 $ $ 30.22 12,843.50 $ $ 27.06 11,500.50 $ 6 FLOORING TILE WOMEN'S BATHROOM 213 SF $ 19.83 4,223.79 $ $ 28.21 6,008.73 $ $ 25.82 5,499.66 $ 7 WALL TILE W/ CROWN TRIM 1 LS $ 7,000.00 7,000.00 $ $ 17,160.00 17,160.00 $ $ 25,000.00 25,000.00 $ 8 BATHROOM VANITY W/ SINK & FIXTURES 1 LS $ 5,330.00 5,330.00 $ $ 10,920.00 10,920.00 $ $ 17,850.00 17,850.00 $ 9 PARTITION (PLASTIC LAMINATE W/ S.S. HARDWARE) 1 LS $ 8,619.00 8,619.00 $ $ 10,020.00 10,020.00 $ $ 8,200.00 8,200.00 $ 10 BATHROOM & HALLWAY LIGHTING W/ELECTRICAL 1 LS $ 5,488.00 5,488.00 $ $ 6,110.00 6,110.00 $ $ 4,900.00 4,900.00 $ 11 MIRROR W/BACK SPLASH 1 LS $ 1,690.00 1,690.00 $ $ 4,500.00 4,500.00 $ $ 2,700.00 2,700.00 $ 12 BATHROOM & HALLWAY PAINTING 1 LS $ 7,632.00 7,632.00 $ $ 6,996.00 6,996.00 $ $ 8,000.00 8,000.00 $ 13 MISC. WALL AND CEILING REPAIR W/TEXTURE 1 LS $ 1,950.00 1,950.00 $ $ 3,910.00 3,910.00 $ $ 7,000.00 7,000.00 $ 14 BATHROOM & HALLWAY PAINTING 1 LS $ 10,608.00 10,608.00 $ $ 10,260.00 10,260.00 $ $ 8,500.00 8,500.00 $ 15 HALL DEMOLITION 1 LS $ 1,560.00 1,560.00 $ $ 2,625.00 2,625.00 $ $ 4,050.00 4,050.00 $ 16 HALL INTERIOR PAINTING (CEILING & WALL) 1 LS $ 41,000.00 41,000.00 $ $ 41,167.50 41,167.50 $ $ 42,000.00 42,000.00 $ 17 HALL INSTALLATION LARGE CHANDELIER 2 EA $ 3,380.00 6,760.00 $ $ 1,285.20 2,570.40 $ $ 2,800.00 5,600.00 $ 18 HALL INSTALLATION MEDIUM CHANDELIER 4 EA $ 2,031.25 8,125.00 $ $ 792.00 3,168.00 $ $ 1,500.00 6,000.00 $ 19 HALL INSTALLATION SCONCES LIGHTING 21 EA $ 647.62 13,600.02 $ $ 128.00 2,688.00 $ $ 452.38 9,499.98 $ 20 HALL INSTALL FLUSH MOUNTED LIGHTING 5 EA $ 253.50 1,267.50 $ $ 307.20 1,536.00 $ $ 200.00 1,000.00 $ 21 RUBBER STAIR TREADS 1 LS $ 3,500.00 3,500.00 $ $ 4,440.00 4,440.00 $ $ 4,200.00 4,200.00 $ TOTAL 171,551.31 $ TOTAL 177,713.13 $ TOTAL 195,000.12 $ John D Frisby, P.E. Simerson Construction LLC Peerless Construction Ltd. No. Item Qty Unit Houston Smith Construction, Inc. Page 1 of 1 ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Administrative Agenda, Item Number 8 DATE: __April 26, PREPARED BY: Jenifer Davidson, Town Manager SUBJECT: For possible action: Discussion and possible action to approve, approve with conditions, continue or deny the request to increase the Town of Minden employee health insurance premium contributions for calendar year 2018 for both the High Deductible (HSA) and Preferred Provider Organization (PPO) Plans. Possible action may include directing staff to fully fund or partially fund health insurance premium increases on a one-time basis or to take no action and allow the increases to be borne by the employees. Appearance by Jenifer Davidson, Town Manager. Public comment. PREVIOUS ACTION:  March 2, 2016, Board Meeting: Board discussed and provided direction to Town Staff regarding the 2016 Financial State of the Town presentation including recommendations regarding increasing employee health insurance contributions. This was the first time increasing contributions to 100% employee only and 70% of dependents (70/30 split) were discussed.  May 4, 2016, Board Meeting: Board adopted the Town of Minden Fiscal Year 2016/2017 tentative budget including increased contributions to employee health insurance.  May 3, 2017, Board Meeting: Board adopted the Town of Minden Fiscal Year 2017/2018 Final budget maintaining contributions to employee health insurance of 100% employee only and 70% of dependents (70/30 split).  October 5, 2017, BOCC Meeting: The BOCC voted to change health insurance companies and to restructure the health insurance plan offered to employees. The approved changes would increase health insurance premiums by  October 19, 2017, BOCC Meeting: The BOCC approved a request to fully fund the increase to employee health insurance premiums projected for Calendar Year 2018. BACKGROUND: In March 2016, during the budget planning cycle, the Board discussed and reviewed the cost of health insurance for Town employees. At that time it was determined the average annual cost of health insurance to Town of Minden employees was $8,567 or $4.11 per hour. In May of 2016, the Board approved a request to increase the health insurance contribution by the Town to 100% employee only (lowest cost plan) and 70% of dependents (70/30 split, lowest cost plan). The cost to the Town for these increases was projected to be $40,000. These increases were incorporated into the FY16/17 budget and took effect in January of 2017. In 2017, during the budget planning cycle, the Board adopted the Town of Minden Fiscal Year 2017/2018 Final budget maintaining contributions to employee health insurance of 100% employee only and 70% of dependents (70/30 split). During the budget planning process Town Staff advised the Board it was likely the cost of health insurance would increase for Calendar ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Administrative Agenda, Item Number 8 Year 2018. Town Staff recommended the increased cost be brought to the Board for direction at that time. In September of 2017, Town Staff were advised of the actual increased cost of health insurance for Calendar Year 2018. These increases are summarized in the attached information and were presented to the Board of County Commissioners in October. At that meeting the Commission approved a request to fund 100% of the increase to employee health insurance premiums projected for Calendar Year 2018. It is the recommendation of Town Staff that it be the continued policy of the Town to contribute 100% of the premium costs for the least expensive employee only plan and 70% of the costs for dependents. This item appears on the agenda to provide the Town Board an opportunity to discuss the increases and provide direction to Staff to fully fund or partially fund health insurance premium increases on a one-time basis or to take no action and allow the increases to be borne by the employees. FISCAL IMPACT: If the Board elects to increase contributions to employee health insurance to maintain the current percentages of funding (100% employee only and 70% of dependents) the estimated cost to the Town would be $15,102. If the Board also (same as the BOCC) elects to fully fund the total amount of the increased cost of health insurance the estimated costs to the Town would be $17,944. Staff anticipate salary savings across all funds because of unanticipated vacancies sufficient to cover the cost of the increases with either option. STAFF RECOMMENDATION: Staff recommends the Board continue the policy of funding health insurance for Town of Minden Employees 100% (employee only, lowest cost plan) and 70% (70/30 split, lowest cost plan) for dependents. ACTION TAKEN: Approved Continued Denied Approved with conditions: ---PAGE BREAK--- Board of County Commissioners October 19, 2017 Vicki Moore, CFO îò¿ п½µ»¬ йò ïëð ߬¬¿½¸³»²¬æ Ú«²¼·²¹ øîêèë æ îðïè÷ ---PAGE BREAK--- Historical changes in insurance premiums paid by employees o 2017: No change o 2016: 4% decrease o 2015: 2% decrease o 2014: 15.5% average increase o 2013: 9.8% average increase o Average increase of 3.86% per year paid by employees. On October 5, 2017 the Board of County Commissioners voted 4-0 to approve the changes in the new health insurance offered to employees, effective January 1, 2018 o Move from Prominence to Hometown Health o Change in plan structure o îò¿ п½µ»¬ йò ïëï ߬¬¿½¸³»²¬æ Ú«²¼·²¹ øîêèë æ îðïè÷ ---PAGE BREAK--- îò¿ п½µ»¬ йò ïëî ߬¬¿½¸³»²¬æ Ú«²¼·²¹ øîêèë æ îðïè÷ ---PAGE BREAK--- îò¿ п½µ»¬ йò ïëí ߬¬¿½¸³»²¬æ Ú«²¼·²¹ øîêèë æ îðïè÷ ---PAGE BREAK--- FUNDING OPTIONS: 0% of the increase funded by Douglas County ~ $ 13,400 50% of the increase funded by Douglas County ~ $137,500 100% of the increase funded by Douglas County ~ $275,000 FUNDING SOURCE: Salary & benefit cost savings: Fiscal Year 2016/17 Estimated Savings: $300,000* 5-Year Average of Personnel Cost Savings: $575,000 Lowest Personnel Savings in the last Five Years: $336,000 * Savings premiums available February 2018. Additional salary savings from position vacancies are anticipated. îò¿ п½µ»¬ йò ïëì ߬¬¿½¸³»²¬æ Ú«²¼·²¹ øîêèë æ îðïè÷ ---PAGE BREAK--- îò¿ п½µ»¬ йò ïëë ߬¬¿½¸³»²¬æ Ú«²¼·²¹ øîêèë æ îðïè÷ ---PAGE BREAK--- Medical - PPO TOTAL COST (per month) MINDEN CONTRIBUTION (per month) MINDEN EMPLOYEE COST (per month) MINDEN EMPLOYEE COST (per pay period) Employee Only $ 601.61 $ 564.16 $ 37.45 $ 18.73 Employee + Spouse $ 1,203.26 $ 878.77 $ 324.49 $ 162.25 Employee + Child $ 1,072.50 $ 822.76 $ 249.74 $ 124.87 Employee + 2 or $ 1,072.50 $ 829.46 $ 243.04 $ 121.52 Employee + Family $ 1,560.80 $ 1,115.23 $ 445.57 $ 222.79 Medical - HSA TOTAL COST (per month) MINDEN CONTRIBUTION (per month) MINDEN EMPLOYEE COST (per month) MINDEN EMPLOYEE COST (per pay period) Employee Only $ 502.97 $ 564.16 $ (61.19) $ (30.60) Employee + Spouse $ 1,002.88 $ 878.77 $ 124.11 $ 62.06 Employee + Child $ 896.65 $ 822.76 $ 73.89 $ 36.95 Employee + 2 or more Children $ 896.65 $ 829.46 $ 67.19 $ 33.60 Employee + Family $ 1,304.90 $ 1,115.23 $ 189.67 $ 94.84 Dental TOTAL COST (per month) MINDEN CONTRIBUTION (per month) MINDEN EMPLOYEE COST (per month) MINDEN EMPLOYEE COST (per pay period) Employee Only $ 36.04 $ 36.04 $ - $ - Employee + Spouse $ 67.70 $ 36.04 $ 31.66 $ 15.83 Employee + Child $ 67.70 $ 36.04 $ 31.66 $ 15.83 Employee + 2 or more Children $ 97.14 $ 36.04 $ 61.10 $ 30.55 Employee + Family $ 97.14 $ 36.04 $ 61.10 $ 30.55 Vision TOTAL COST (per month) MINDEN CONTRIBUTION (per month) MINDEN EMPLOYEE COST (per month) MINDEN EMPLOYEE COST (per pay period) Employee Only 4.72 $ $ 4.72 $ - $ - Employee + Spouse 10.00 $ $ 4.72 $ 5.28 $ 2.64 Employee + Child 10.00 $ $ 4.72 $ 5.28 $ 2.64 Employee + 2 or more Children 16.35 $ $ 4.72 $ 11.63 $ 5.82 Employee + Family 16.35 $ $ 4.72 $ 11.63 $ 5.82 *Contribution which exceed costs are denoted by parenthesis. The difference will be deposited into the the employee's HSA account. No other account contributions will be made by the County. *Medical coverage may be waived under certain conditions. If medical is waived the employee must pay the cost of their own dental and vision coverage. TOWN OF MINDEN EMPLOYEES PROPOSED MEDICAL, DENTAL, VISION INSURANCE RATES - 2018 ---PAGE BREAK--- November 8, 2017, Special Meeting of the Minden Town Board Administrative Agenda, Item Number 9 DATE: __November 2, 2017 PREPARED BY: Jenifer Davidson, Town Manager SUBJECT: For possible action: Discussion and possible action to amend, amend with conditions, continue or deny the Strategic Objective and Action Plan related to the Wholesale and Retail Water Systems on the 2017/2018 Town of Minden Strategic Plan. This item appears on the agenda pursuant to Board direction to Town Staff to provide the Board an opportunity to further review, discuss and provide direction to Town Staff regarding all or portions of this strategic objective. Appearance by Jenifer Davidson, Minden Town Manager. Public comment. PREVIOUS ACTION:  September 13, 2017, Special Board Meeting: Board reviewed, discussed and directed Staff to revise the Town of Minden Strategic Plan.  October 3, 2017, Board Meeting: Board adopted the 2017/2018 Town of Minden Strategic Plan assembled by Town Staff pursuant to Board direction from the September 13th Strategic Planning Session. BACKGROUND: Pursuant to Board direction from the special meeting in September the Town Manager assembled the attached Strategic Planning Goals and action plans for each item. This item appears on the agenda to provide the Board an opportunity to review, discuss and provide direction to Town Staff on the draft action planning steps recommended by Town Staff related to Wholesale and Retail Water System in greater detail. STAFF RECOMMENDATION: Staff recommends the Board review, discuss, amend, amend with conditions, continue or deny the Strategic Objective and Action Plan related to the Wholesale and Retail Water Systems on the 2017/2018 Town of Minden Strategic Plan. ACTION TAKEN: Approve Continue Deny Approve with conditions: ---PAGE BREAK--- TOWN OF MINDEN FY17-18 STRATEGIC PLAN ADOPTED OCTOBER 3, 2017 STRATEGIC PLAN PURPOSE & STRUCTURE The Town of Minden Strategic Plan is an important planning tool used to provide direction and vision for the Town. The Plan contains a series of goals and objectives identified and prioritized by the Town Board. The plan is reviewed and updated annually in response to the changing needs of the community. To facilitate successful implementation, the plan contains large strategic objectives with a detailed list of annual action items. Progress on these action items is reported to the Board at least twice a year during the annual performance review of the Town Manager, to coincide with the budget planning cycle in the spring, and again at the Town of Minden Strategic Planning meeting in the fall. At the annual meeting the Board reviews and provides direction to Town Staff regarding existing goals/objectives, discusses the need/desire for new goals/objectives and prioritizes a final list for execution. Pursuant to Board direction from the September 2017 Strategic Planning Meeting, Town Staff assembled and prioritized the following strategic objectives for review and consideration by the Minden Board for 2017/2018: STRATEGIC OBJECTIVE: Evaluate and plan for the future of the Town of Minden Wholesale and Retail Water systems. ACTION PLAN:  (Town Board, November 2017) Conduct a Water Strategic Planning Workshop to further develop this action plan.  (Town Board, November 2017) Review and provide direction to Town Staff regarding a possible modification to the service area boundary for the Retail Water System to reflect the possible future boundary of the Town of Minden.  (Town Staff and Town Board, December 2018) Evaluate the infrastructure and water rights needs of the Retail Water System based on the revised service area boundaries and water demand projections for the Town. Report findings to the Board for Board consideration and direction.  (Town Board, December 2018) Provide direction to Town Staff regarding use of remaining Town of Minden water rights and capacity, if any, in the Town of Minden Water System after the future needs of the Retail System have been addressed. Possible action may also include providing direction to Town Staff regarding possible modification to the permitted place of use for Town of Minden held water rights in response to the possible future needs of the Wholesale Customers.  (Town Board, January 2018) Evaluate and prioritize the capital improvement and equipment needs of the Water System and plan for the annual water summit of the Wholesale Water Customers. ---PAGE BREAK---  (Town Manager, Mid-February 2018) Conduct an annual water summit with the Wholesale Customers. Review and discuss the capital improvement and equipment needs of the Water System, operational efficiency of the regional system, and the financial status of the Wholesale Water fund.  (Town Staff and Town Board, March 2018) Town Staff report back to the Board regarding the water summit. The Board will review and provide direction to Town Staff regarding any requests from the summit from the Wholesale Water Customers.  (Town Board, April 2018) Review and provide direction to Town Staff regarding the tentative budget for the Wholesale and Retail Water Systems. The budget will include recommendations by Town Staff regarding changes to the rates, capital projects and equipment purchases pursuant to prior Board direction.  (Town Board, May 2018) Review and adopt or adopt with conditions the final budget for the Wholesale and Retail Water Systems.  (Town Manager, ongoing) Work with the Town of Minden Water Operations Manager to continue to evaluate the organizational structure/water policies and procedures and operational efficiency of the water team.  (Town Staff, ongoing) Continue to explore and identify ways to support USGS with conducting studies that scientifically monitor the quality and quantity of the aquifer. STRATEGIC OBJECTIVE: Review and revise the Town of Minden Plan for Prosperity and Design Standards for the Town. These documents will be used to guide future development applications in the Town of Minden. ACTION PLAN:  (Town Board, November 2017) Review and provide direction to Town Staff regarding a possible modification to the service area boundary and future boundary of the Town of Minden.  (Town Staff and Town Board, November 2017) Review and provide direction to Town Staff regarding the process to update the Plan for Prosperity for the Town of Minden. The Board will provide direction regarding public participation in the process including the possible use of a citizen’s advisory committee and or a consultant to assist the Town with the revision of the plan. If the Board elects to utilize the services of a consultant, the Board should set a budget for this project at the same time. The action plan for this objective should be modified to reflect Board direction on this item. IF THE UPDATE TO THE PLAN IS TO BE DONE INTERNALLY WITH BOARD DIRECTION (no consultant):  (Town Board, December 2017) Review and provide direction to Town Staff on “Section 2.1: Building on Minden’s Traditional Character and Section 2.2: Economic Opportunity and Land Use” of the Plan for Prosperity. ---PAGE BREAK---  (Town Board, January 2018) Review and provide direction to Town Staff on “Section 2.3: Image and Identity” of the Plan for Prosperity.  (Town Board, February 2018) Review and provide direction to Town Staff on “Section 2.4: Community Circulation and Connections” of the Plan for Prosperity.  (Town Board, March 2018) Review and provide direction to Town Staff on “Section 3.1: Implementation Approach and Section 3.2 Downtown and Regional Streets” of the Plan for Prosperity.  (Town Board, April 2018) Review and provide direction to Town Staff on “Section 3.3: Traditional Neighborhoods and Section 3.4: New Neighborhoods” of the Plan for Prosperity.  (Town Board, May 2018) Review and provide direction to Town Staff on “Section 3.5: Open Space” of the Plan for Prosperity.  (Town Staff, May-June 2018) Host a series of public workshop inviting residents and Minden businesses and other stakeholders (including land owners and potential developers) to provide input on the possible update of the Plan for Prosperity.  (Town Staff, July 2018) Present a draft of the updated Minden Plan for Prosperity and report the public comments from the workshop for Board discussion and direction.  (Town Staff, October 2018) Present a draft of design guidelines for the Town of Minden to the Board for review and consideration pursuant to Board direction given during the update of the Plan for Prosperity. IF THE UPDATE TO THE PLAN IS TO BE DONE WITH THE ASSISTANCE OF A CONSULTANT:  (Town Staff, December 2017) Town Staff will draft and formally advertise a request for proposals (RFP) for consulting services to be utilized to update the plan for prosperity.  (Town Board, January 2018) The Board will select a consultant from the submitted proposals to assist the Town with the update to the Plan for Prosperity.  (Consultant and Town Board, February 2018) The consultant will work with the Town Board to develop a preliminary framework plan which will be used as the basis for the update of the Plan for Prosperity.  (Consultant and Town Staff, February-June 2018) Town staff and the Consultant will set up a series of public workshops inviting residents and Minden businesses and other stakeholders (including land owners and potential developers) to provide input on the possible update of the Plan for Prosperity.  (Consultant and Town Board, June 2018) The consultant will present a draft of the updated Minden Plan for Prosperity and report the public comments from the workshop to the Board for Board discussion and direction. ---PAGE BREAK---  (Town Staff, October 2018) Present a draft of design guidelines for the Town of Minden to the Board for review and consideration pursuant to Board direction given during the update of the Plan for Prosperity. ---PAGE BREAK--- November 8, 2017, Minden Town Board Meeting Administrative Agenda, Item Number 10 DATE: __November 2, 2017______ PREPARED BY: Jenifer Davidson, Town Manager For possible action: Discussion and possible action to direct staff in relation to Staff Reports. Discussion shall include a Staff 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 and JD Frisby, Superintendent of Public Works. Public comment. ACTION TAKEN: Approve Continue Deny Approve with conditions: ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Town of Minden Engineering and Captial Project Budget for FY2017/18 Adopted FY18 Budget CO Budget from FY17 Total Budget Engineer Estimate Bid FY2017 CO Jul Aug Sept 1st Qtr Oct Total % of Budget % Complete General Engineering 20,000 $ - $ 20,000 $ 20,000 $ N/A - $ - $ - $ - $ - $ - $ - $ 0.00% Pass Through Engineering Fees N/A - $ - $ - $ - $ - $ - $ - $ Engineering Review Fees (Revenue) - $ - $ - $ N/A N/A - $ - $ - $ - $ - $ - $ - $ General Administration Total 20,000 $ - $ 20,000 $ 20,000 $ N/A - $ - $ - $ - $ - $ - $ - $ 0.00% Adopted FY18 Budget CO Budget from FY17 Total Budget Engineer Estimate Bid FY17 CO Expense Jul Aug Sept 1st Qtr Oct Total % of Budget % Complete Crack Fill - $ - $ - $ TBD - $ - $ - $ - $ $ - - $ 240 $ 240 $ #DIV/0! 0.00% ADA, Sidewalks, Pathways, Curb & Gutters 50,000 $ - $ 50,000 $ TBD - $ - $ - $ - $ $ 2,835 2,835 $ - $ 2,835 $ 5.67% 0.00% Street Sealing Program 75,000 $ - $ 75,000 $ TBD - $ - $ - $ - $ - $ - $ 77,628 $ 77,628 $ 103.50% 100.00% Pavement Condition Analysis 7,500 $ - $ 7,500 $ TBD - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0.00% Lucerne Street Rehabilitation Project # Construction 231,470 $ 508,530 $ 740,000 $ TBD - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0.00% Engineering Fees for Design and Bidding 75,000 $ - $ 75,000 $ 65,000 $ - $ 7,494 $ - $ - $ - $ - $ - $ 7,494 $ 9.99% 17.00% Engineering Fees - Construction Management 45,000 $ - $ 45,000 $ TBD - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0.00% Geotechnical Report - $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ - $ - $ 10,000 $ - $ 10,000 $ - $ 10,000 $ 100.00% 100.00% Transportation Maint & Repair Total 351,470 $ 518,530 $ 860,000 $ 75,000 $ 10,000 $ 7,494 $ - $ 10,000 $ - $ - $ 17,494 $ 1 $ General Fund (630) Capital Projects and Routine Street/Sidewalks Maintenance General Administration (Fund 630 911) Transportation Maintenance and Repair (Fund 630 915) General Administration, not project related (630.911.521.200) Sidewalks and Pathways 630.915.532.015 Street Sealing 630.915.532.015 Street Rehabilitation 630.915.532.015 Pavement Management System (PMS) Annual Update 630.915.521.200 General Road M 630.915.532.015 Capital Projects Budget Tracking for FY17-18 Page 1 ---PAGE BREAK--- Town of Minden Engineering and Captial Project Budget for FY2017/18 Adopted FY18 Budget CO Budget from FY17 Total Budget Engineer Estimate Bid FY17 CO Expense Jul Aug Sept 1st Qtr Oct Total % of Budget % Complete CVIC Hall Renovation Sound system - $ 25,000 $ 25,000 $ 20,000 $ 20,985 $ 20,985 $ - $ - $ - $ - $ - $ 20,985 $ 83.94% 100.00% Tables and Chairs - $ 30,000 $ 30,000 $ 30,000 $ 27,307 $ 27,307 $ - $ - $ - $ - $ - $ 27,307 $ 91.02% 100.00% Rehab the Bathrooms 75,000 $ - $ 75,000 $ 75,000 $ - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0.00% Refurbish the CVIC Hall 85,000 $ - $ 85,000 $ 110,000 $ - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0.00% Engineering and Design Services 35,000 $ - $ 35,000 $ 15,000 $ - $ 6,372 $ - $ - $ - $ - $ 3,223 $ 9,594 $ 27.41% 90.00% Subtotal Hall 195,000 $ 55,000 $ 250,000 $ 250,000 $ 48,292 $ 54,664 $ - $ - $ - $ - $ 3,223 $ 57,886 $ 23.15% 25.00% Gazebo Rennoation Structural Uprgardes for stabilization 40,000 $ - $ 40,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 10.00% Roof Replacement 40,000 $ - $ 40,000 $ TBD - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0.00% Renovation Construction 105,000 $ - $ 105,000 $ TBD - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0.00% Gazebo Sound System 50,000 $ - $ 50,000 $ TBD - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0.00% Engineering 15,000 $ - $ 15,000 $ - $ - $ 7,500 $ - $ - $ - $ - $ - $ 7,500 $ 50.00% 100.00% Subtotal Gazebo 250,000 $ - $ 250,000 $ - $ - $ 7,500 $ - $ - $ - $ - $ - $ 7,500 $ 3.00% 25.00% Total Parks and Building Projects 445,000 $ 55,000 $ 500,000 $ 250,000 $ 48,292 $ 62,164 $ - $ - $ - $ - $ 3,223 $ 65,386 $ 13.08% Capital Projects Fund (636) Capital Projects Parks and Buildings Fund 636.918.562.000 Captital Projects (Fund 636) Capital Projects Budget Tracking for FY17-18 Page 2 ---PAGE BREAK--- Town of Minden Engineering and Captial Project Budget for FY2017/18 Adopted FY18 Budget CO Budget from FY17 Total Budget Engineer Estimate Bid FY17 CO Expense Jul Aug Sept 1st Qtr Oct Total % of Budget % Complete Retail General Engineering $ 20,000 $ - $ 20,000 $ - $ - $ - $ - $ 403 $ 1,735 $ 2,138 $ - $ 2,138 $ 0 General Engineering Retail Total $ 20,000 $ - $ 20,000 $ - $ - $ - $ - $ 403 $ 1,735 $ 2,138 $ - $ 2,138 $ 0 Retail Line Replacement Program Construction 375,000 $ - $ 375,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 0.00% - $ Engineering Fees- Design/Bidding 40,000 $ - $ 40,000 $ - $ - $ - $ - $ 2,255 $ 341 $ 2,596 $ - $ 2,596 $ 6.49% 15.00% Engineering Fees-Project Management and Inspection 35,000 $ - $ 35,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0.00% Total Retail Water System Projects 450,000 $ - $ 450,000 $ - $ - $ - $ - $ 2,255 $ 341 $ 2,596 $ - $ 2,596 $ 0.58% Wholesale General Engineering 15,000 $ - $ 15,000 $ - $ - $ - $ - $ 1,396 $ 779 $ 2,175 $ - $ 2,175 $ 14.50% Pass Through Engineering Fees - $ - $ - $ - $ - $ 419.25 $ 743 $ - $ - $ - $ N/A General Engineering Wholesale Total 15,000 $ - $ 15,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 0.00% Well 11 and Well 1 Tie-In Adopted FY18 Budget CO Budget from FY17 Total Budget Engineer Estimate Bid FY17 CO Expense Jul Aug Sept 1st Qtr Oct Total % of Budget % Complete Pump House Construction Well 1 - $ - $ - $ 86,707 $ 19,153 $ - $ 14,963 $ - $ 14,963 $ 5,653 $ 39,768 $ 45.86% 95% Pump House Construction Well 11 - $ 536,000 $ 536,000 $ 204,954 $ - $ 109,250 $ - $ 49,163 $ - $ 49,163 $ 41,148 $ 199,561 $ 97.37% 95% Waterline Construction - $ 300,000 $ 300,000 $ 250,346 $ - $ 216,634 $ - $ - $ - $ - $ - $ 216,634 $ 86.53% 100% Subtotal for Contract - $ - $ - $ 542,007 $ - $ 345,037 $ - $ - $ - $ - $ - $ 345,037 $ 63.66% 75% Pump and Motor - $ - $ - $ 76,197 $ 76,197 $ 74,197 $ - $ - $ - $ - $ 2,000 $ 76,197 $ 100.00% 100% Engineering Fees (Well 1 & 11) - $ - $ - $ 207,375 $ - $ 76,132 $ - $ 3,801 $ 1,080 $ 4,881 $ - $ 81,013 $ 39.07% 90% Waterline Engineering - $ - $ - $ 73,960 $ - $ 49,579 $ - $ 2,029 $ - $ 2,029 $ - $ 51,608 $ 69.78% 90% Reimbursement from Bently Enterprises (Well 1 Agreement) - $ - $ - $ (103,576) $ - $ - $ - $ - $ - $ - $ - $ - $ 0.00% 0% Total Wholesale Water System Projects - $ 836,000 $ 836,000 $ 795,963 $ 76,197 $ 544,945 $ - $ 69,955 $ 1,080 $ 71,035 $ 48,801 $ 664,781 $ 79.52% 75% Total Water Resources 485,000 $ 836,000 $ 1,321,000 $ 795,963 $ 76,197 $ 544,945 $ - $ 72,613 $ 3,156 $ 75,769 $ 48,801 $ 669,515 $ 51% Water System Wholesale Capital Projects 639.913.562.000 Water System Wholesale Admin, not project related 639.919.521.200 Water System Retail Capital Projects 640.913.562.000 Water System Retail Admin- not Project Related 640.913.521.200 Water Resources Water Resources Funds (639 & 640) Capital Projects Capital Projects Budget Tracking for FY17-18 Page 3