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Yerington City Council Meeting April 11, 2022 at 10:00 a.m. – City Hall The regular meeting of the Yerington City Council was held in the Council Chambers at 10:00 a.m. with the following present: Mayor John J. Garry Council Members Jerry Bryant, Shane Martin, Matthew Galvin (arrived at 10:05 and Frank Pizzo (Via Telephone) City Manager Robert Switzer City Attorney Chuck Zumpft City Clerk Sheema D. Shaw Chief of Police Darren Wagner (arrived at 10:06 a.m.) Building Official Joel Brown Grants Administrator Angela Moore Absent: Public Works Director Jay Flakus Guests: Lyon County District Attorney Mr. Stephen Rye, Mr. David Ray, Mr. Jeff Rife, Ms. Shayla Holmes, Ms. Jenna Dykes, Ms. Jessica Halterman, and Ms. Kandice Mortenson The meeting was called to order at 10:03 a.m. and roll call was reported by Mayor Garry. The Pledge of Allegiance was led by Councilman Bryant. Public Participation Mayor Garry asked for comments. Ms. Tami Davidson with Lyon County stated April is Sexual Assault Awareness Month. Thank you to the City of Yerington for hanging the Sexual Assault Awareness flag in the James Sanford Community Center. Agenda Approval Mayor Garry stated the agenda would be approved as presented unless there were any objections or corrections. City Manager Switzer stated no deletions or corrections need to be made at this time. Mayor Garry stated the agenda was approved as presented and the motion was approved unanimously. Minutes Mayor Garry stated the minutes from prior special meeting dated March 16, 2022 and dated March 28, 2022 would be approved unless there were any objections or corrections. Mayor Garry stated the minutes from prior special meeting dated March 16, 2022 and dated March 28, 2022 were approved as presented and the motion was approved unanimously. New, Renewal and Name Change Business License Applications. ---PAGE BREAK--- A. Joyner dba Joyner, Cosmetology-Nails, 46 N. Main St., Yerington, NV 89447 – New B. Marcia Romano dba Trinity Services Group, Inc., Food Service, 911 Harvey Way, Yerington, NV 89447 – Renew C. Casha Kaufer dba NF LLC., 517 W. Bridge St., Suite A, Yerington, NV 89447 – New D. Peter Stanton dba Great Basin Conservancy, Restoration of Lands, 1 Hwy 95A, Yerington, NV 89447 – New E. Bret Whipple dba Justice at Law, Inc., Attorney at Law and Certified Public Accountant, 215 W. Bridge St., Yerington, NV 89447 – New Mayor Garry stated the business licenses A. through E. would be approved unless there are any objections or corrections. Mayor Garry stated no objections were made at this time and the business licenses A. through E. were approved unanimously. Review Bills Previously Submitted for Payment Bills, Salaries and Vouchers: Accounts Payable Checks 03/29/2022 35114 through 35127 03/31/2022 35128 through 35135 Payroll Checks 04/04/2022 35136 through 35138 Payroll Vouchers 04/04/2022 4072201 through 4072225 Transmittal Checks 04/04/2022 35139 Transmittal Vouchers 04/04/2022 04042201 Mayor Garry stated the bills previously submitted for payment, checks 35114 through 35139 totaling $115,910.39, and would be approved unless there were any objections or corrections. Mayor Garry stated no comments were made at this time and the bills previously submitted for payment were approved unanimously. Presentation by Shayla Holmes from Lyon County Human Services to Recognize April as Child Abuse Prevention Month. Ms. Shayla Holmes, Director of Lyon County Human Services provided a presentation to recognize April as Child Abuse Prevention Month and Sexual Assault Awareness Month, which are recognized nationally. Ms. Holmes stated it takes a full community to fully prevent child abuse. Child Protective Services within SFY2021 recognized neglect against children as the highest level of removal within a home at 84.2%. Adverse Childhood Events (ACEs) can cause lasting harm on children and are preventable with every nine minutes evidence and claims are found for child abuse. CASA, which is Court Appointed Special Advocates for children. In 2021, CASA served ninety-one abused and neglected children removed from their homes in Lyon County. Ms. Jenna Dykes, Manager of Lyon County Child Services stated many programs are available and includes: Differential Response, Family Support Program, Nevada ---PAGE BREAK--- Families First, Parent Project, System of Care, Women, Infant, and Children (WIC), parenting classes, Cribs for Kids, and car seats. Ms. Kandice Mortenson with Lyon County Division of Child and Family Services (DCFS) stated adoption and licensing for foster care is available. Ms. Martin corrected that about 90% of cases within Lyon County involve substance abuse. Foster care homes within Nevada are available within Lyon County at this time and all homes are currently full. Mr. Stephen Rye, Lyon County District Attorney, stated his office works on the protection side and works closely with the Police Department to ensure families and children are protected. Thank you to the City and the community for a joint effort in helping the children in the community and please report child abuse. Efforts in the City of Yerington included pin wheels planting around the community. Councilman Bryant thanked everyone at Lyon County for the presentation. A safety seat checkpoint will be available this week at Wild West Chevrolet, which was also confirmed by Ms. Dykes. Mayor Garry thanked Lyon County for their presentation today. Approve a recommendation from the Planning Commission for Annexation into the City of Yerington, Nevada from Whispering River Ranch RV Park LLC., Parcel 014-441-24, 0.96 acres, currently zoned C2. City Manager Switzer stated agenda items nine, ten, eleven, and twelve are the same in nature. The property is the office for the Whispering River Ranch RV Park to the north and east. Mr. Jeff Rife requests to annex the 0.96 acres into the City of Yerington. Councilman Galvin made a motion to approve agenda item nine as it reads, seconded by Councilman Martin. Mayor Garry asked for comments, no comments were made and the motion was approved unanimously. Approve the Planning Commission’s recommendation for a Master Plan Amendment from Whispering River Ranch RV Park LLC., Parcel 014-441-24, 0.96 acres, currently zoned C2. City Manager Switzer stated the agenda item continues the process and requires a Master Plan Amendment. The City of Yerington Planning Commission recommends to change the zoning from Lyon County to the City of Yerington. Councilman Galvin made a motion to approve agenda item ten as it reads, seconded by Councilman Martin. Mayor Garry asked for comments, no comments were made and the motion was approved unanimously. Approve the Planning Commission’s recommendation for a Zone Change from Whispering River Ranch RV Park LLC., Parcel 014-441-24, 0.96 acres, currently zoned C2. City Manager Switzer stated the agenda item recommends to change the zoning from Lyon County, C2 zoning to the City of Yerington, C2 zoning. Councilman Galvin made a motion to accept agenda item eleven as it reads, seconded by Councilman Martin. Mayor Garry asked for comments, Mr. Jeff Rife with ---PAGE BREAK--- Whispering River Ranch RV Park stated thank you and asked City Clerk Shaw if a map still needs to be submitted. City Clerk Shaw stated yes, the first map and the updated map need be submitted. Mr. Rife stated he submitted the prior map last week. Mayor Garry asked for no comments, no further comments were made and the motion was approved unanimously. First reading by Title: BILL NO. 425; ORDINANCE 22-03; AN ORDINANCE AMENDING THE YERINGTON CITY CODE TITLE 7 PUBLIC WAYS AND PROPERTY, CHAPTER 4 CITY BOUNDARIES AND ANNEXATIONS, AMENDING SECTION 7-4-4 ADDITIONS TO CITY LIMITS AND OTHER MATTERS PROPERLY RELATING THERETO. City Manager stated Ordinance 22-03 is to annex in the 0.96 acres into the City limits and the ordinance enables the City to do so. Councilman Bryant proposed to move forward with Ordinance 22-03 as presented. Public Hearing – Tentative Budget for Fiscal Year Ending June 30, 2023. City Manager Switzer stated the tentative budget is due this Friday, April 15th to the Department of Taxation. The contemplated wage increase was at but due to the tax abatement amount, the new proposed salary increase was determined at 4% for everyone and inflation is currently at 7.25%. A budget surplus is present in the General Fund of about $1,200,000.00. Councilman Bryant agrees with City Manager Switzer with the 4% salary increase but some type of a review process should be in place and handed out appropriately. City Manager Switzer stated the Assessed Property Tax Valuation is in the amount of $193,204,181.00 with an increase of $66,797,584.00. The property tax revenue is in the amount of $679,519.00 with an increase of $139,852.00. The Consolidated Tax Revenue is projected to be about $602,385.00 with an increase of $62,718.00. The Special Revenue Fund and Fixed Asset Acquisition Fund figures came from the Retreat last month. Councilman Galvin asked if the police vehicles amount was budgeted for two vehicles. City Manager Switzer stated yes, to purchase two administrative vehicles. Councilman Bryant added the Police Department could repurpose the current Tahoe with the K-9 cage then purchase two sedans. Chief of Police Wagner states sedans are not a reasonable purchase and SUVs are needed. City Manager Switzer stated the tentative budget can be changed from now until the final version. Councilman Galvin asked if it would be cheaper for Chief of Police Wagner’s vehicle. Chief of Police Wagner stated yes. City Manager Switzer stated the tentative budget will be submitted this Friday, then City Council can come back and approve of a revised version within the first meeting in May. An amount of about $300,000.00 will still be available from the American Rescue Plan Act (ARPA) funds. City Manager Switzer stated page three provides an overall schedule and a complete financial figure for the next fiscal year. For the budget year ending June 30, 2023, an amount of $48,276.00 was added for an excess of revenues over expenditures. A surplus is present in the amount of $354,952.00 in the Water and Sewer Funds or the Proprietary Funds. Page five shows the population has increased from 3,162 to 3,538 people from the State Demographer. Page six shows the property tax revenue in the ---PAGE BREAK--- amount of $193,204,181.00 with a tax rate levied of $0.4044 and yielded an Ad Valorem revenue in the amount of $679,519.00. The General Fund beginning balance in the amount of $2,021,513.00 with a total figure in the amount of $11,577,884.00 and matches with the expenditures. Page twelve are the expenditures for wage increases and the current amounts remains in place for the Mayor and City Council with the Mayor’s annual salary at an amount of $7,900.00 and City Council at an amount of $4,500.00. A City elected official cannot raise their own salary and they must run for the election in order to receive the new raise. City Manager Switzer stated page thirteen are the Municipal Court expenses, which have increased due to hiring a new public defender. Page fourteen are the Police Department expenses with a total amount budgeted of $1,379,161.00. The Fire Department contract also went up when the percentage of the property tax value goes up and is currently at 23%. This year, the amount went up to $502,331.00 for the cost of the Mason Valley Fire Protection District. Page fifteen is the Public Works Department and is broken down to the Street Department, the Airport, and the Building Department. The Street Department under Capital Outlay, an amount of $850,000.00 was budgeted for street repaving with ARPA. Councilman Bryant asked if an amount of $1,000,000.00 is still being budgeted from ARPA for street repaving. City Manager Switzer stated yes, an amount of $1,000,000.00 is budgeted from ARPA and $850,000.00 from Capital Outlay. Page sixteen is Animal Control and the proposed budget has increased from $9,839.00 up to $27,150.00 with the new cat ordinance. Page seventeen is the Parks and Recreation with an amount of $125,000.00 being allocated from ARPA funds to parks for improvement. An amount of $49,106.00 was spent for fiscal year 2021-2022 and now the proposed budget is in the amount of $72,577.00. Page eighteen is a summary of the General Fund expenditures with Fixed Asset Acquisition Fund on line twenty in the amount of $1,652,000.00 from ARPA. Page nineteen is the Fixed Asset Acquisition Fund with a budgeted amount of $1,827,000.00 from ARPA and the remainder will go into the Special Revenue Fund. Page twenty-five is the Special Revenue Fund with Room Tax revenue in the amount of $95,000.00 and the City will receive motel tax revenue. Page twenty-six are the budgeted expenditures for the Special Revenue Fund, which includes the Federal Aviation Administration (FAA) Master Plan and other grant funding. In order for the City to receive more grant funding from the FAA, the Master Plan had to be updated. Mayor Garry asked if there was movement on the Yerington Paiute Tribe account. City Manager Switzer stated yes, the contract was sent about two weeks ago but no funding has been received with the Yerington Paiute Tribe now being behind for four quarters averaging about $30,000.00 in revenue to the City. If City Council desires, an agenda item can be brought to a City Council meeting for an action motion. Page twenty-seven is the Water Fund with a net income in the amount of $112,815.00. Page twenty-nine is the Sewer Fund with a budgeted amount of $1,320,000.00 for the base rate increases within the sewer system. Page thirty-one includes the Interim Loan for the Water and Sewer Project with interest payments to be made for the loan payments when the construction is completed. Page thirty-five includes the current contracts with the City with Sciarani and Company, Minden Lawyers, Caselle, and professional services for the Municipal Court Judge. ---PAGE BREAK--- Mayor Garry stated Mr. Wesley Harper with the Nevada League of Cities and Municipalities will be performing more lobbying for the City of Yerington. City Manager Switzer stated the City currently pays an amount of $2,500.00 per year for the Nevada League of Cities and Municipality services. A price increase is set to be in place this next year in the amount of about $10,500.00 and the City has budgeted about $4,000.00 for next year for those services. Councilman Bryant asked if downtown development was also budgeted. City Manager Switzer stated yes, the City would like to apply for a grant in the amount of $30,000.00 for Travel Nevada and the small business relief in the amount of $50,000.00. City Clerk Shaw stated an amount of $100,000.00 was budgeted for downtown development and leaves the City with an unobligated amount of $223,000.00 for ARPA. Councilman Galvin made a motion to accept item number eight for the tentative budget, seconded by Councilman Pizzo. Mayor Garry asked for comments, no comments were made and the motion was approved unanimously. Approve a Policy that Establishes a Disadvantaged Business Enterprise (DBE) Program in Accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the City has signed an assurance that it will comply with 49 CFR Part 26. City Manager Switzer stated the policy for the DBE Program is a federally mandated requirement in order for the City to receive more grant funding from the Federal Aviation Administration (FAA) as it pertains to the Yerington Municipal Airport. The Disadvantage Business Enterprise (DBE) means that the City will not discriminate any business from participating in contracts with the federal funding at the Airport. The City had the program put together professionally and City Manager Switzer recommends approval. Councilman Bryant made a motion to approval agenda item number thirteen as presented, seconded by Councilman Galvin. Mayor Garry asked for comments, no comments were made and the motion was approved unanimously. Public Participation Mayor Garry asked for comments and no comments were made at this time. Department Reports Chief of Police Wagner stated the investigator position has been filled by Officer Brandon Coombs. The new Tahoe should have been completed last Friday and it is still in the shop. The Neighborhood Watch Program is starting soon and Chief of Police Wagner has someone to coordinate and manage the program. City Manager Switzer stated Public Works Director Flakus could not be at the meeting today because a boil water notice is in effect for the Water and Sewer Project at ---PAGE BREAK--- this time. The boil water notice has been rescinded but the Yerington Paiute Tribe Elder Center is still awaiting for test results to be rescind the notice. City Manager Switzer stated a notice of inspection was served on 17 Broadway Avenue, effective on Friday, April 8th. The property owner was served to vacate the property. Chief of Police Wagner stated the building inspector and himself served the notice to the property owner. The property owner will vacate within the property within thirty days and all the tenants as well with the living conditions being a huge problem there. City Manager Switzer stated the City has direct control to write up the appropriate notices to the property owners. D and S Waste Removal is having a rate increase for services within the current Franchise Agreement and D and S will notify the City when the rate increases will go into effect. Mayor Garry stated City Council was invited to participate in the Nevada National Guard Ceremony. Mayor Garry attended the ceremony and a visit to City Hall will take place soon from General Michael Pearl. There being no further business, the meeting was adjourned at 12:05 p.m. Mayor of the City of Yerington ATTEST: City Clerk of the City of Yerington