Sun Valley General Improvement District Board Meeting Minutes of June 08, 2017

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1 Sun Valley General Improvement District Board Meeting Minutes of June 08, 2017 Board Members Present: Sandra Ainsworth Susan Severt Joseph Barstow Garth Elliott Chair Vice Chair Secretary Treasurer Board Members Not Present: Carmen Ortiz Trustee Staff Present: Darrin Price Jon Combs Jennifer Merritt Maddy Shipman SVGID, General Manager SVGID, Public Works Director SVGID, Administrative Assistant SVGID, Legal Counsel Other Members Present: Michael Rider Glenda Walls Kenneth Czech Nancyann Leeder Stephen Romero Jared Rossi Audience Audience Sun Valley Community Garden Volunteer SVGID, Legal Counsel Willis Re Pooling LP Insurance The meeting of the Sun Valley General Improvement District was called to order by Chairperson Ainsworth at 6:00 pm in the Sun Valley District Administrative Building, 5000 Sun Valley Blvd., Sun Valley, NV. Item# 1. Item# 2. Item# 3. Roll call and determination of a quorum. Board members present; Chairperson Ainsworth, Vice Chair Severt, Secretary Barstow and Treasurer Elliott. A quorum was present. Pledge of Allegiance. Led by Jon Combs Public comments for items not on the agenda. None June 08, 2017 SVGID Minutes Page 1 of 9

2 Item# 4. Item# 5. Item# 6. Motion to approve the agenda. Treasurer Elliott made a motion to approve the agenda. Secretary Barstow seconded the motion. The motion carried unanimously. Certify posting of the agenda. Jennifer Merritt certified posting of the agenda. Trustee/Manager s announcements, request for information, and statements relating to items not on the agenda. Mr. Price announced Northern Nevada Food Bank will be giving away free lunch s Monday thru Friday during the summer break (June 12 th thru August 4 th ). He stated Sun Valley has four distribution sites: Palmer Elementary School 11:30 am to 11:45 am, Sun Valley Community Park 12:00 pm to 12:15 pm, Gepford Park 12:30 pm to 12:45 pm and Boulder Creek Apartments 1:00 pm to 1:15 pm. He also announced the District has partnered with Truckee Meadows Fire Protection District and Washoe County Code Enforcement with a Sun Valley Green Waste Drop Community Clean Up Event. The event will be held on Saturday, June 24 th at the Scolari s parking lot from 9 am until 12 pm to Sun Valley residents only. June 9, 2017 is the official opening of the Sun Valley Pool followed by the District s Dive Into Summer Event with a free movie in the park. Treasurer Elliott gave a brief update on the Washoe County Senior Advisory Committee. He announced during the month of May, recognized as Older Americans Month, Senior Services offered over 70 activities for seniors to enjoy. One of the activities was Stuff a Bus; the community donating various items for the seniors. He stated the committee is seeking donations from various local businesses to help provide necessities for the seniors. He also reported Washoe County has a vacant bus that can be used to help transport seniors around for various appointments. He is trying to get it for the use of the north valleys including Sun Valley. Item# 7. Discussion and action to approve accounts payable and customer refunds for June 08, Treasurer Elliott gave a brief report of the accounts payable for June 08, Treasurer Elliott made a motion to approve the accounts payable for June 08, 2017 in the total amount of $75, Chairperson Ainsworth seconded the motion. The motion carried unanimously. Treasurer Elliott gave a brief report of the customer refunds for June 08, Treasurer Elliott a motion to approve the customer refunds for June 08, 2017 in the total amount of $ Chairperson Ainsworth seconded the motion. The motion carried unanimously. Item# 8. Discussion and motion to approve board meeting minutes of May 11, Vice Chair Severt made a motion to approve the Board Workshop minutes of May 11, Treasurer Elliott seconded the motion. The motion carried unanimously. June 08, 2017 SVGID Minutes Page 2 of 9

3 Item# 9. Discussion and action to approve renewal of Nancyann Leeder Legal service agreement. Mr. Price provided a copy of Nancyann Leeder s Legal Service Agreement for renewal as the District s backup attorney. He reported there are no changes to the Agreement and thanks Ms. Leeder for not increasing her fees. After further discussion Secretary Barstow made a motion to approve the renewal of Nancyann Leeder s Service Agreement as the District s backup attorney. Treasurer Elliott seconded the motion. The motion carried unanimously. Item# 10. Presentation by Public Agency Insurance and LP Insurance and possible acceptance of insurance renewal proposal for District facilities. Jared Rossi with LP Insurance briefly went over the deductibles and summary of coverage s. The District s policy has a $500 deductible for each and every loss that is reported. He reported the property limit is a blanket limit with a maximum limit of $300,000,000 per loss for all members, $150,000,000 aggregate for earthquake and flood, $100,000 per loss for equipment breakdown, $5,000,000 per loss for unintentional errors and omissions, $10,000,000 for each liability event and general aggregate per member (liability included: auto, general, personal injury, employment practices, law enforcement and wrongful acts liability). He reported the cyber liability aggregate is $2,000,000 aggregate per event and $500,000 for privacy response expense coverage. The District s Environmental Liability Coverage also known as pollution, is $2,000,000,000 for each incident with a $10,000,000 aggregate and a $25,000 deductible for Coverage A third party claims for bodily injury, property damage or remediation expense, Coverage B first party remediation expense, Coverage C emergency response expense and Coverage D business interruption (365 day limit with a 3 day deductible). The District s total program cost including all services for is $57, a minimal increase over last year s cost of $55, Mr. Price requested clarification regarding the 3 day deductible for business interruptions under Environmental Liability Coverage D. He also inquired what contributed towards the renewal increase. Mr. Rossi responded the 3 day deductible is a waiting period. The District is responsible for the first three days of business interruption loss prior to insurance coverage to assist with the loss of business. Mr. Rossi also responded the renewal increase is not directly contributed to District events; it is an overall increase to the Pool Program renewal. Stephen Romero with Willis Re Pooling representing Nevada Public Agency Insurance Pool responded when evaluating insurance coverage a process known as Lloyd s of London is used. There are 12 different syndicates that are used to assist with determining coverage and premiums based on the coverage and programs offered by Nevada Public Agency Insurance Pool. He also reported the Cyber Liability and the Environmental Liability are paid by the Pool for its members. Mr. Romero briefly reported on the Pool Program and what it has to offer. Additional discussion ensued regarding the rate increase and contributing factors for rates. June 08, 2017 SVGID Minutes Page 3 of 9

4 Vice Chair Severt made a motion to approve the renewal of the District s insurance with LP Insurance Services in the total amount of $57, Chairperson Ainsworth seconded the motion. The motion carried unanimously. Item# 11. Update from Kenneth Czech regarding the Sun Valley Community Garden. Kenneth Czech gave a brief update regarding the activities at the Sun Valley Community Garden. He stated last year the garden was maintained by both he and his brother; towards the end of the growing season he took over sole responsibility of the garden operations and maintenance. This year he is working with a Sunday School getting the youth involved with gardening and teaching them the growth cycle. He was able to plant a little earlier this year; to date he has tomato plants, potato spuds, beets, squash and carrots planted. He stated he designated a small area for compost. He would like to make his own compost to assist with the garden beds. His compost materials do not include any type of manure or grass clippings to avoid any heat generation. He will only be using materials from the garden site only to produce natural compost. He also stated he has met with District staff to come up with a solution how to make the garden site more appealing. One of the ideas is to paint the tires that are used as growing pots a neutral color. Chairperson Ainsworth inquired if Mr. Czech is receiving donations to assist with the garden. Mr. Czech has received minimal donations from individuals, majority of the materials and plants he has purchased with his own money or has reused other resources. He stated he enjoys operating the garden and teaching the kids all about gardening. Mr. Price inquired what goals with the garden are for this year, how often is the garden being maintained and what the harvesting schedule is. Mr. Czech responded harvesting is on an as needed basis dependent of the growth of the vegetable which various depending on what type of plant it is. He tries to operate the garden around his personal schedule, in most cases he tries to work in the garden either in the morning or evenings. His goal is to plant flowers along the fence line to offer color to the property. He does not plan on planting any winter vegetables unless he is approved for a hoop house. Secretary Barstow requested a list of items that Mr. Czech would like to have donated to the garden. He also wanted to know what would be good days and times to have volunteers assist with the garden. Treasurer Elliott stated he knows how much work is involved with maintaining a garden and appreciates Mr. Czech for his efforts trying to operate a community garden on his own. Mr. Czech requested for approval for a box or a secure structure to be used to protect the water. He has noticed that someone is using the garden water at times and he wants to prevent anyone being able to access the water other than to maintain the garden. Audience member Ms. Walls commented she is happy to donate seeds to the garden. She also suggested painting the tires a solid white or neutral color and have the youth paint artwork on them. June 08, 2017 SVGID Minutes Page 4 of 9

5 Additional discussion ensued regarding soliciting senior involvement with the garden. The Board thanked Mr. Czech for his update. Item# 12. Discussion and direction to staff on compliance with Washoe County Code Electronic Message Display Signs. Mr. Price reported the District was recently made aware by Washoe County staff that the new electronic messaging display sign was in non-compliance. Per the new Washoe County Sign Code the messaging display must be a static message only. Scrolling, flashing text or animations is prohibited. He stated the Code reads, Static copy on electronic messaging display must be displayed for a minimum of 8 seconds with instantaneous transition from one message to the next. He has modified the current messages on the new sign to comply with the Code. He stated staff is requesting board direction to either comply with existing Code or seek potential waiver from Washoe County if they provide one. Chairperson Ainsworth complimented how the new sign displays messages; it is easier to read. She also commented on the brightness of the screen during the day. Treasurer Elliott is once again disappointed with Washoe County and their Code(s). He stated Commissioner Herman is upset with how Washoe County has been handling the approval process for the sign as she was the biggest contributor for the sign. He stated Washoe County staff never invited anyone from Sun Valley to participate with the Sign Code committee when drafting the new code. He reminded everyone that Sun Valley has one option and that is to perform an area plan update for Sun Valley; this is a very timely process and can take up to several years to complete. He would like to see District staff to investigate if Washoe County will issue a variance for the new Sign Code to display messages as the District sees fit. Ms. Shipman responded the District would have to apply for a variance/waiver to the Washoe County Sign Code and then file an appeal should the District s request be denied. She stated during her time as Washoe County counsel, Washoe County received various complaints regarding electronic messaging displays and bill boards in general. Washoe County responded to the complaints and took action and revised the Code based on the complaints. Vice Chair Severt inquired if Washoe County has intentions of updating their Sign Code after approving the District for a variance to install an electronic messaging display. She believes one of the hurtles is that Washoe County lumped together all sign types into one Code rather than having a Code with some exceptions dependent on sign type and/or private and public use. After additional discussion staff was directed to comply with the existing Washoe County Sign Code and investigate if a variance to the Washoe County Sign Code is an option for consideration. June 08, 2017 SVGID Minutes Page 5 of 9

6 Item# 13. Discussion and action to adopt policy regarding the new electronic messaging display sign. Mr. Price provided a draft policy for the new electronic messaging display sign. The proposed policy authorizes the District to post programs and events for our lessees at the Sun Valley Community Park to help promote the various programs and or events. Private events, businesses church services, paid political ads, commercial or garage sale advertisements would be prohibited. The District reserves the right to refuse to post or remove announcements that are deemed offensive inappropriate, not in the public interest or in conflict with the District s policy or the mission of the District. Ms. Shipman stated after reviewing various case laws she has policy concerns. The District has no discretion when considering content requested by an individual and/or agency. The District can determine in the form of a policy who and what will be advertised with some limitations. A list of questions was provided to assist with drafting the District s Electronic Messaging Board Policy. Following discussion of the questions that were presented for consideration the following was provided to staff to assist with drafting the District s Electronic Messaging Board Policy: 1. Who is to control the messaging? District staff only. 2. What type of events or messages is the District willing to have placed on the sign? Community oriented and special events, lessee/tenant programs, public agencies, nonprofits and any events that the District has a partnership with. 3. If events, what type of events? Discussed under question 2 4. If messages, what type of messages? Discussed under question 2 5. Who issues permission (or permit)? If permit, what type of writing/form? The District will issue the permission; a request form will need to be completed by requester. 6. Will there be a requirement for seeking permission or permit some specified time in advance of an event? Requests need to be submitted 3 weeks in advance to allow for review and appeal process if needed. Requests will be reviewed on an as submitted basis. 7. Is there to be an appeal available to a person/entity denied access? Appeal should be available. 8. If event associated with utilization of a District facility, should both be permitted at the same time? Discussed under question 2 9. If an event, should the Electronic Messaging Display be available only to special as opposed to weekly or regular events? To be determine Audience member Mr. Rider commented the proposed 3 week request time period would not work for the months of November and December for the District since the Board only meets once a month. Staff was directed to revise District s Electronic Messaging Board Policy based on the Board s input and bring back at a future meeting. Item# 14. Discussion and possible action for staff to execute pursuant to CliftonLarsonAllen overtime calculation study. Mr. Price provided a copy of CliftonLarsonAllen study of the District s overtime calculations for the last three years. He reported there is a correction to the study, at the last meeting it was reported that there were three employees that would have to reimburse the District in the total amount of $ The revised report reflects only two employees having to June 08, 2017 SVGID Minutes Page 6 of 9

7 reimburse the District a total amount of $13.06, staff is recommending that the District zero the amounts owed to the District and proceed with reimbursement to the remaining employees that total $3, in adjusted overtime pay. After further discussion Vice Chair Severt made a motion to reimburse the employees the adjusted amount of overtime per the study and to forgive the $13.06 that is owed to the District. Chairperson seconded the motion. The motion carried unanimously. Item# Legislative Session update with possible direction to staff. Mr. Price provided a legislative update report showing the various activities for the bills that the District is tracking for informational purpose. He thanked the Board for the opportunity to represent the District during the legislative session. He also thanked the various board members who attended meetings with representatives and staff for their assistance with the session. He reported AB379 regarding the creation of a general improvement district for the purpose of furnishing recreational facilities was signed by the governor. This particular bill has received a lot of controversy from various agencies. Ms. Shipman briefly reported AB379 did receive a lot controversy as indicated by Mr. Price because of the lack of language in the bill that would spell out in detail the function and purpose of the new district. She reported on AB375 regarding the imposition of certain taxes in a county to fund flood management projects. The committee is required to provide a report to Washoe County listing all projects related to flood management. The bill exempts from the 364 and the 3% cap on a homestead, owner occupied home, and the committee must provide a proposed funding source to fund flood management, including the possible creation of a new district and assessing a fee. She stated this is still subject to a vote of the public. She also reported 12 of the bills that the District was tracking never made it out of the committee and three bills were vetoed by the governor. The three bills that were vetoed were AB154 regarding prevailing wages, AB384 regarding the consideration of the criminal history of an applicant for employment by the State or a county or city and SB397 revising process for equal rights relating to employment. The remainder of the bills tracked by the District have been signed by the governor or is pending a signature. Item# 16. Legal report by Maddy Shipman. Ms. Shipman briefly reported on the Open Meeting Law violation by the City of Reno. The original complaint was due to the City of Reno not disclosing a specific dollar amount that was being considered on an agenda item regarding sewer facility fees. The State does not require to include dollar amounts on agenda s, however subjective determination was used when given the opinion. City of Reno has placed the particular agenda item back up for discussion to ratify the violation. Item# 17. Field report by Jon Combs. Jon Combs reported on the following items; The District is partnering with Truckee Meadows Fire Protection Districr with the Sun Valley Green Waste Drop. The District held a soft start June 8 th at the Sun Valley Pool and the grand opening is scheduled for June 9 th. The Sun Valley Pool Aquatic Supervisor is very happy with this year s pool staff. June 08, 2017 SVGID Minutes Page 7 of 9

8 Ladera Ranch is proceeding forward with applying for grading permits for Phase I. Ladera Ranch has also already requested the District for a water and sewer model for Phase II of the development. The Sun Valley GID Annex parking lot has been repaved and he is happy with the work that was performed. Reno Action Sports has begun constructing the Paintball Park at the Community Park. The posts have been erected and are pending inspection by Washoe County before proceeding with installing the netting. The tentative opening of the Paintball Park is the end of June. Item# 18. Manager s report by Darrin Price. Darrin Price reported on the following items; Pool staff recently received various training by Pool Pact related to human resources. There is a statute that requires public personnel to report child abuse even the suspicion of abuse. He has successfully completed Phase II of the District s human resource assessment regarding the District human resource policies. June 9 th is the grand opening the Sun Valley Pool followed by the District s 5 th Annual Dive Into Summer Event. Item# 19. Public Comments. Mr. Rider commented Sun Valley Cal Ripken is near the end of their baseball season. He announced the Sun Valley Cal Ripken will be holding their closing ceremonies June 17 th and invited District board and staff to attend. He also reported Sun Valley Cal Ripken has started taking registration for fall ball. Item# 20. Board Comments. Vice Chair Severt commented she has received various calls regarding the Paintball Park poles. She also commented the Reno Battleborn BMX is a part of a series of races and attendance at the BMX track is good. She also reported her brother has been contracted to build a BMX track and mountain bike course in Dallas, Texas. Her brother shared the District s drone video to various people including former President George Bush who opened the park. Everyone was very interested in the Sun Valley Community Park. Both Chairperson Ainsworth and Secretary Barstow also received a lot inquiries regarding the Paintball Park and so far they both have received a lot of positive feedback. Item# 21. Future Agenda Items. Darrin Price reported the following items will be on the next agenda; Presentation by John Spears with Edward Jones regarding the District s investments Possible presentation by Bureau Land Management Presentation by Paul Winkelman with Shaw Engineering regarding the District s updated Water Master Plan Recap of the Dive Into Summer Event Action to Proclaim July as Recreation Month Discussion regarding employee evaluations and determine percentage for possible compensation increase. Board evaluation of the General Manager Continuation regarding policy and procedure regarding electronic messaging display sign June 08, 2017 SVGID Minutes Page 8 of 9

9 Treasurer Elliott requested discussion regarding District s employee overtime and history of overtime. Item# 22. Adjournment. Vice Chair Severt made a motion to adjourn at 8:12 pm. Chairperson Ainsworth seconded the motion. The motion carried unanimously. Approved by the SVGID Board of Trustees on June 22, Minutes Prepared by: Jennifer Merritt, Administrative Assistant June 08, 2017 SVGID Minutes Page 9 of 9

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