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Yerington City Council Meeting July 10, 2023 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 (Via Telephone) and Frank Pizzo City Manager Robert Switzer City Attorney Chuck Zumpft Building Official Joel Brown Grants Administrator Angela Moore Absent: City Clerk Sheema D. Shaw, Public Works Director Jay Flakus, Councilman Matthew Galvin and Chief of Police Darren Wagner Guests: Ms. Deb DeGrendele, Ms. Susan Parker, Mr. Dave Snelgrove and Ms. Julia Pounds The meeting was called to order within the James Sanford Community Center and roll call was reported by Mayor Garry. The Pledge of Allegiance was led by Mayor Garry. Public Participation Mayor Garry asked for comments. Ms. Susan Parker stated the City of Yerington has a great opportunity to develop our site and should be guided by professional designing. Mayor Garry asked for comments and no further comments were made. Agenda Approval Mayor Garry stated the agenda would be approved as presented unless there were any objections or corrections. City Manager Switzer stated no 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 meetings dated June 12, 2023 and June 26, 2023 would be approved as presented unless there are any corrections or objections. Mayor Garry stated no objections were made at this time and the minutes from prior meetings dated June 12, 2023 and June 26, 2023 were approved as presented. New, Renewal and Name Change Business License Applications. A. Roberto Fuentes-Rodriguez & Maria Yesenia Limon dba El Superior Restaurant, LLC., Restaurant & Full-Service Catering, 121 W. Bridge Street Yerington, NV 89447 – Adding New Service B. Scott Gray dba Stewart Title Corporation, Title & Escrow Service, 504 & 506 W. Goldfield Avenue Yerington, NV 89447 – Address Change ---PAGE BREAK--- C. Francis Xavier Helgesen dba Preferred Networks, Inc., Internet Service Provider, 3072 Research Way Ste. 50 Carson City, NV 89706 – Owner Change D. Nathan Koop dba N.K. Sign Co., Outdoor Advertising-Painting, 312 Kay Way Yerington, NV 89447 – New Mayor Garry stated the business license applications A. through D. would be approved as presented unless there were any corrections or objections. Mayor Garry stated no objections were made at this time and the business license applications A. through D. were approved as presented. Review Bills Previously Submitted for Payment Bills, Salaries and Vouchers: Accounts Payable Checks 06/21/2023 37180 through 37207 06/27/2023 37215 through 37228 Payroll Checks 06/29/2023 37208 through 37213 Payroll Vouchers 06/29/2023 6292301 through 6292325 Transmittal Checks 06/26/2023 37214 Transmittal Vouchers 06/26/2023 6262301 Mayor Garry stated the bills previously submitted for payment, checks 37180 through 37228 totaling $125,503.30, would be approved unless there were any objections or corrections. Mayor Garry stated no comments or objections were made at this time and the bills previously submitted for payment were approved unanimously. Approve an extension of the Cross-Connection Grant Program until September 30, 2023, for those properties currently signed up with an approved backflow installation company. Any remaining funds after the extension will be classified as uncommitted. City Manager Switzer stated the Cross-Connection Grant Program is currently in place and is the most successful grant at this time. The City allocated an amount of $150,000.00 to help with the installation of the backflow prevention devices on commercial properties. The City has allocated most of the monies for this program currently. Companies that are within this letter did sign up for the installation of the services but were not completely installed by June 30, 2023. The City is requesting to extend the grant for those companies on the extension letter until September 30, 2023. Councilman Bryant stated he noticed one company in Mason named New Hope Bible and asked if the City is offering grants outside of the city limits. City Manager Switzer stated the City is offering a grant to all businesses on the City’s water system. Councilman Bryant stated the City should not have a financial responsibility to offer grants outside of city limits. Councilman Pizzo asked if the businesses will not be paying anything towards the installation. City Manager Switzer stated no, for example if a business spends $30,000.00, the City would only cover up to $8,000.00. All funds need to be committed by December 31, 2024 and spent by the end of 2026. Councilman Bryant stated the City ---PAGE BREAK--- should not have to pay for properties within Lyon County to bring their properties up to standard. Mayor Garry stated the City did not provide detail within the current policy to exclude properties outside of the city limits just all the properties on the City’s water system. Councilman Bryant made a motion to approve agenda item number seven as presented, seconded by Councilman Pizzo. Mayor Garry asked for comments, no comments were made at this time and the motion was approved unanimously. Approve an amendment to the Cooperative Agreement for Judicial Services between Lyon County and the City of Yerington. The Nevada Legislature passed AB 518 this legislative session which provided additional funding of $450.00 per day for judges working Saturdays and Sundays for bail hearings. The funding is for the period from July 1, 2023 through June 30, 2025. City Manager Switzer stated Bill AB 518 provides the additional funding for judges who work on the weekends for bail hearings. Individuals have a right to have a speedy bail hearing and the new law provides judges to be available seven days a week. The funding is providing an amount of $450.00 per day from Lyon County. Mayor Garry asked if the City would send information to Lyon County to be reimbursed. City Manager Switzer stated the City would share a schedule with Lyon County. City Attorney Zumpft stated he is pleased to see this bill come through and he supports it. Councilman Pizzo asked if this amount would be budgeted out of the City’s budget. City Attorney Zumpft stated no. Councilman Pizzo made a motion to accept agenda item number eight at this time, seconded by Councilman Bryant. Mayor Garry asked for comments, no comments were made at this time and the motion was approved unanimously. Approve a Recommendation from the Yerington Planning Commission of a Development Agreement for Off-Site (Sewer) Improvement between the City of Yerington and Creative Homes Investment Group, LLC., for Grand Estates Phase 2. City Manager Switzer stated this agenda item needs to be modified for just a review and discussion. The Resolution and Ordinance forms were received and now needs to be passed by City Council before final approval of the agreement. The issue has been that the development company will be providing the sewer development system which will be owned by Lyon County and if the City should be collecting the connection fees. The City signed an amendment with Lyon County stating that Lyon County would be collecting the connection fees instead of the City. No final action needs to be taken at this time until a Resolution and Ordinance sponsored by a City Council member is presented then City Council can accept the development agreement at a later time. Mr. Dave Snelgrove, Planning Manager with CFA stated Lyon County is not accepting of capping the connection fees in the amount of $3,800.00. If the connection fees go up, Lyon County would collect the new prices if applicable. A modified Interlocal Agreement is in place with Lyon County currently. Phase one are the outer houses and ---PAGE BREAK--- phase two would be the houses included within this agreement. The sewer main will be installed by the developer then it would get turned over to the City after the warranty expires. Within Section 3.2C, the payment of the connection fees would be collected once the agreement is final in accordance with the Lyon County and the City of Yerington Interlocal Agreement. City Manager Switzer stated the City is in negotiation with the development of the subdivision and the City suggested freezing the collection fees. Mr. Snelgrove stated Lyon County had some issues with capping the collection fees. Councilman Bryant suggested modifying the language within the agreement. City Manager Switzer stated the City does not collect anything with the collection fees. The agenda item will be presented within two meetings. Councilman Bryant asked if the agreement would need to go back to the Yerington Planning Commission. City Manager Switzer stated no, it does not need to go back to the Planning Commission. Mr. Snelgrove stated the first reading of the Ordinance would be at the end of July with the second reading sometime in August with hopefully the final approval. City Manager Switzer added the design work has been approved and the Nevada Department of Environmental Protection (NDEP) has been approved for the project. Mayor Garry asked for comments. Ms. Deb DeGrendele asked to see a map of where the properties will be located. City Manager Switzer showed the public a map of the subdivision and the Grand Estates Subdivision. Mr. Snelgrove added the outer ring of houses will be developed within phase two and the properties on the inner ring have already been developed. The sewer lift station is located on the northwest corner of the upper lot within the subdivision. Mayor Garry stated the City will not take any action on this item at this time. Public Participation Mayor Garry asked for comments and no comments were made at this time. Department Reports Building Official Brown stated within the month of June, the City received an amount of $5,191.75 for building permits. City Manager Switzer stated the City plans to install two raised crosswalks on the east and west side of Pearl Street with an engineer’s estimate of about $40,000.00. The City received a quote from Q&D Construction close to an amount of $125,000.00, which is too excessive for only two raised crosswalks. Once the Water and Sewer Project is completed, the City would need to find another contractor to perform the work. City Manager Switzer asked City Council if City staff could move forward with this project or to just paint the crosswalks. Councilman Bryant stated he prefers to offer the bid to someone else and possibly a contractor locally. The raised crosswalks are very needed ---PAGE BREAK--- and he would like to see the plans stay, Councilman Pizzo agrees with Councilman Bryant. Mayor Garry stated City Manager Switzer has the consensus of the City Council to move forward with the raised crosswalks. Many community members reached out to Mayor Garry and wanted Whitacre Street to have the additional safety measures like to speed bumps installed. City Manager Switzer is looking into speed bumps, which is a different type of construction. Councilman Pizzo asked for an update of the signage by the schools. City Manager Switzer stated he is working with Public Works Director Flakus to finalize the plan and will update City Council soon. The City would like to have the project completed before school starts again. Councilman Bryant suggested to expedite the signage and for the City to move forward. Councilman Bryant stated the Night in the Country is next week with one major change of Miller Lane still being closed off and there will be very excessive amounts of traffic. The City should formulate some sort of traffic plan. City Manager Switzer stated he will check with Chief of Police Wagner regarding the traffic plan. Councilman stated since Judge Emm-Smith will be on call, does the City need to change the fee schedule or fine schedule to help make up the costs for the court. City Attorney Zumpft stated the uniform fine schedule AB 316 from two years ago made a lot of changes to the fees and reduced the fines from $1,000.00 down to $500.00 but a review of the fines and fees will be competed but it is ultimately up to Judge Emm-Smith. Mayor Garry stated the City should take a moment to praise the 2A Championship football team, the volleyball team and the track team. Mr. Travis Allen Otto, a community member who attended schooling within Yerington attended many sports, graduated in June of 2023 and will now be enlisting within the service and Mayor Garry would like to offer praise to this local member. There being no further business, the meeting was adjourned. Mayor of the City of Yerington ATTEST: City Clerk of the City of Yerington