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Yerington City Council Meeting October 12, 2020 at 10:00am – City Hall The regular meeting of the Yerington City Council was held in the Council Chambers and via Zoom.com due to COVID-19 and social distancing guidelines enacted by Governor Sisolak at 10:00 a.m. with the following present: Mayor John J. Garry (Council Chambers) Council Members Jerry Bryant, Selena Catalano (Council Chambers), Shane Martin and Terceira Schunke (Via Telephone) City Attorney Chuck Zumpft (Via Zoom) Chief of Police Darren Wagner (Council Chambers) Public Works Director Jay Flakus (Council Chambers) City Clerk Sheema D. Shaw (Via Zoom) Deputy Clerk/Grants Administrator Angela Moore (Council Chambers) Absent: City Manager Robert Switzer Guests: Mr. David Ray, Mr. Timothy Anderson with Taylor English Duma, Mr. Chris Perlitz with Municipal Capital Markets Group, Mr. Jon Guz with Stradling Yocca Carlson & Rauth and Ms. Amy Miller with the Chamber of Commerce. The meeting was called to order and roll call was reported by Mayor Garry. The Pledge of Allegiance was led by Councilman Bryant. Mayor Garry opened the meeting stating that the Council Chambers are now open for public gatherings and meetings. The City of Yerington is also livestreaming on Facebook. Mayor Garry stated that City Clerk Shaw will be acting as the host and will accept the public into the meeting. If the public has any questions or comments, please call the front desk at (775) 463-3511 or email City Clerk Shaw at [EMAIL REDACTED]. Mayor Garry stated that he will call each member of the Council, in order for him or her to vote on each agenda item. Public comments will be taken after each agenda item. Public Participation Mayor Garry asked for comments, with a wait time of two minutes and no comments were made at this time. ---PAGE BREAK--- Agenda Approval Mayor Garry stated the agenda would be approved as presented unless there are any objections or corrections. Mayor Garry stated agenda item number six needs to be removed and the agenda was approved as corrected. Minutes Mayor Garry stated the minutes of September 28, 2020 regular meeting would be approved as presented unless there are any objections or corrections. No objections or corrections were made at this time and the minutes of September 28, 2020 regular meeting were approved as presented. New, Renewal and Name Change Business License Applications A. Nohemi E. Macias dba Mimi’s Beauty Salon, Full Service Beauty Salon, 105A W. Goldfield Ave. Yerington, NV 89447 – New (Changing from working under her name to owning business) Mayor Garry stated the business licenses would be approved unless there are any objections. No objections were made at this time and the business licenses were approved as presented. Revoke Business Licenses Due to Non-Payment for Second QTR April – June 2020. A. David Neisingh, Tom Ortiz & Gabriel Froymovich dba Extractech, LLC, Industrial Hemp Processing, 103 McLeod St. Yerington, NV 89447 Mayor Garry stated the agenda item has been removed because a payment has been made and the account is current. Destruction of City Records in accordance with the State of Nevada Records Retention Schedule (Amended November 21, 2018). City Clerk Shaw stated at the Administrative meeting, Ms. Amy Miller and Councilwoman Catalano were selected to review the records. The records were reviewed at the Archive Center on September 25, 2020 with all in attendance. Signatures were placed on each box after being reviewed and were approved for destruction. If approval is received from City Council, the records will be destroyed based on the State of Nevada Records Retention schedule. Councilwoman Catalano stated the organization of the files was very nicely done and some corrections were made. Thank you to the person who organized the files, which was easier to go through and complete the process. City Clerk Shaw stated Deputy Clerk Debbie Kusmerz completed the organization of the files. ---PAGE BREAK--- Councilman Bryant asked if the City keeps a digital copy or record? Or once the record is gone, it’s gone? City Clerk Shaw stated for daily cash receipting, receipts are printed and books are kept for one year over the destruction date. The records are kept in the database within Caselle. The records are then destroyed permanently once the audit is completed. Councilwoman Catalano made a motion to approve destruction of the City records in accordance with the State of Nevada Records Retention schedule, seconded by Councilwoman Schunke. Mayor Garry asked for comments, no comments were made at this time and the motion carried unanimously. Adopt Ordinance 20-03 Bill #422 – an Ordinance of the City Council of the City of Yerington, Nevada. Authorizing and Directing the Issuance of Interim Debentures, Series 2020 in Anticipation of the Receipt of Proceeds from the Issuance and Sale of Water and Sewer Revenue Bonds of the City to the United States Department of Agriculture; Approving the Form of Certain Documents with Respect to Such Interim Debentures; Ratifying Action Taken by City Officers Toward the Issuance of Such Interim Debentures; and Providing For Adoption as an Emergency Ordinance. Mayor Garry asked if a presentation will be given. City Clerk Shaw stated yes, a presentation will be provided from Mr. Chris Perlitz and Mr. Jon Guz. An overview of the Ordinance will be provided and what the Ordinance entails. Mr. Chris Perlitz stated he works for Municipal Capital Markets Group to help rural communities through the United States Department of Agriculture’s (USDA) Rural Development Program. Mr. Perlitz is looking to find the lowest rate available for the City of Yerington and issued debenture notes to satisfy the Letter of Conditions. The purpose is to provide the construction loan for the USDA Water and Sewer Project, with the takeout at the end of construction. Mr. Perlitz stated Mr. Jon Guz is the Bond Counsel and is working with the City to draft documents. Mr. Jon Guz stated on the legal side, the Ordinance would authorize the issuance of interim debentures and to be taken out of the proceeds of the project from the USDA interest. The amounts are expected to be paid and will be received with the issuance of the debentures as well as the contribution from the City. A backup pledge is in place from the water and sewer revenues. An indenture is a document and establishes a security. A purchase agreement will also be in place with pricing and sale of the debentures between the City and Municipal Capital Markets Group. Mr. Perlitz’s counsel provided an official statement used to market the bonds and sell them to the investment community. The anticipated revenues, the structure and a summary for the City are within the Ordinance. Councilman Bryant asked since City Manager Switzer is currently out of the office, has he had time to review the Ordinance? City Clerk Shaw stated yes, the City Manager has reviewed the Ordinance as well as City Attorney Zumpft. ---PAGE BREAK--- City Attorney Zumpft stated he has reviewed the entire Ordinance. Mr. Perlitz stated the documentation will be given to a wider investment community to achieve a lower rate and hopefully be lower than the USDA rate to benefit the City of Yerington. Councilman Bryant asked if the rate will be around three percent. Mr. Perlitz stated no, hoping to be around one and an eighth percent. In terms of the market at the moment and will follow the market wherever it goes. A three percent amount was given to the City when the project was first talked about. Councilwoman Catalano asked if the three percent would stay or would an amendment to the document take place? Mr. Perlitz stated definitely amend the document to show the lower percentage. Mr. Jon Guz stated not to exceed amounts and upper limitations are provided and given within the documents. Councilman Bryant made a motion to approve Ordinance 20-03 Bill #422, seconded by Councilwoman Schunke. Mayor Garry asked for comments, no comments were given at this time and the motion carried unanimously. Bills Previously Submitted for Payment Bills, Salaries and Vouchers: Accounts Payable Checks 9-22-2020 32784 through 32802 9-29-2020 32803 through 32822 9-30-2020 32823 Payroll Checks 10-5-2020 32824 Payroll Vouchers 10-5-2020 10082001 through 10082020 Transmittal Checks 10-5-2020 32825 Transmittal Vouchers 10-5-2020 10052020 Mayor Garry stated the bills previously submitted for payment would be approved as presented unless there are any objections. No objections were made at this time and the bills previously submitted for payment were approved as presented. Public Participation Mayor Garry asked for comments, with a wait time of two minutes and no comments were made at this time. ---PAGE BREAK--- Department Reports City Attorney Zumpft stated everything is going well and could answer any questions. Public Works Director Flakus stated COVID-19 testing will be at the Public Works building (Armory) from 8:00am until 10:00am tomorrow, October 13th. Councilwoman Catalano stated she is pretty shocked as to what happened at Mason Valley Residence and the number of positive cases. Thank you everyone, be safe and compliant. Councilwoman Schunke stated thank you to all the Yerington staff and the City Attorney. Due to the number of cases, wear masks and care about fellow individuals. Mayor Garry stated thoughts and prayers to the people suffering and the families with COVID-19. Happy Columbus Day. The next time City Council meets, early voting for the State of Nevada will be taking place and please exercise your right to vote. There being no further business the meeting was adjourned. Mayor of the City of Yerington ATTEST: City Clerk of the City of Yerington