MINUTES OF THE FERNLEY CITY COUNCIL MEETING May 2, 2012

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1 MINUTES OF THE FERNLEY CITY COUNCIL MEETING May 2, 2012 Mayor LeRoy Goodman called the meeting to order at 5:02 pm at Fernley City Hall, 595 Silver Lace Blvd, Fernley, NV. 1. ROLL CALL. Present: Mayor LeRoy Goodman (Not voting), Councilman Cal Eilrich, Councilman Curt Chaffin, Councilman Roy Edgington, Councilwoman Kelly Malloy, Councilman Parsons, City Attorney Brandi Jensen (Not voting), Interim City Manager/Community Development Director Fred Turnier (Not voting), Administrative Services Manager Daphne Hooper (Not voting), Deputy City Treasurer Kathie Orsley (Not voting), City Engineer Shari Whalen (Not voting), Special City Attorney Paul Taggart (Not voting), Acting City Clerk Kim Swanson (Not voting). Absent: Councilman Cal Eilrich 2. APPROVAL OF THE AGENDA. Interim City Manager Fred Turnier stated there were no changes to the agenda Motion: TO APPROVE THE AGENDA AS SUBMITTED, Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Edgington. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 3. PUBLIC INPUT. Fran McKay, Wanted to reminded everybody that the Rocky Mountain Elk Foundation Dinner would be held Saturday, May 6 th at the Big R Building on Main Street. Sandra Mathewson, Fernley resident, reviewed documents from her Mesa Gate Book (attachment 1). She stated that the Land Use was changed after the building was built does not make it legal. She stated she should be able to put light industrial on her back acre.

2 Lawrence Radcliff, Fernley resident, inquired how the Council came to the decision not to sell the Water Treatment Facility. Mayor Goodman reminded Mr. Radcliff that there is no dialog during Public Input; someone will contact him with an answer to his question Louise Inman, Fernley resident, stated she has been involved with volunteering for the Fernley Depot since she moved to Fernley in 2008; it gave her something to do. She stated there is nothing in Fernley to draw people. She expressed how disappointed she was that the Fernley Depot is no longer a part of the Fernley Preservation Society. Ms. Inman stated she is moving back to Carson City where she can volunteer at the Nevada State Museum. Darcy Adcock-Ingle, Coldwell Banker Select, gave the housing report for April. There were 42 homes that closed, 22 were banked owned, 12 were short sale and 8 had no special conditions, 3 manufactured homes were sold. There are 144 homes pending in escrow, 72 active homes on the market. Gary Oberg, local business man and President of the Fernley Builders Association, thanked Fred Turnier for all of his work, effort, personal input as well as his professional approach. Mr. Oberg stated he was sorry to see him go. 4. PROCLAMATIONS BY THE MAYOR. Mayor Goodman recognized The Golf Club at Fernley for their dedication to Members of the Military in the Share a Round Program. 5. CONSENT AGENDA: A. POSSIBLE ACTION TO ACCEPT VOUCHERS REPORT. B. POSSIBLE ACTION TO APPROVE THE MINUTES 04/04/2012 & 04/12/2012 C. POSSIBLE ACTION TO AWARD CONTRACT FOR THE BLEND TANK INTERIOR RECOAT TO OLYMPUS AND ASSOCIATES, INC. IN THE AMOUNT OF $54, PLUS A 2.5% CONTINGENCY IN THE AMOUNT OF $1, D. POSSIBLE ACTION TO AWARD OF CONTRACT FOR THE ABANDONMENT OF THREE MUNICIPAL WELLS TO BRUCE MACKAY PUMP AND WELL SERVICE, INC. IN AN AMOUNT NOT TO EXCEED $13, {END OF CONSENT AGENDA} 5/02/2012 FCC Page 2 of 16

3 Motion: MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy DISCUSSION AND POSSIBLE ACTION TO APPROVE OF MAYOR S APPOINTMENTS OF FRANCES MCKAY AND WILLIAM SHATTUCK TO THE FERNLEY PLANNING COMMISSION. Mayor Goodman asked Francis McKay and William Shattuck to introduce themselves. Ms. Francis McKay stated she has lived in Fernley since She thanked Mayor Goodman for giving her the opportunity to serve the citizen of Fernley on the Planning Commission. Ms. McKay stated she was 65% retired from real estate. Mr. William Shattuck stated he has a Bachelor of Science Degree in Business Administration. He focus was Real Estate Land Use Regulatory Environment, which directly relates to his position on the Planning Commission. He has worked in the real estate industry in Lyon County for the past 6 years. He stated he is the broker/owner of Community Home Finance. Councilman Eilrich disclosed he had a former business relationship long ago with Ms. McKay. She handled real estate for him and they were in business together. Mr. Eilrich added that business relationship no longer existed therefore he would not abstain from the vote. Mayor Goodman stated that Mr. Shattuck term will expire October 31, 2012 and Ms. McKay term will expire October 31, Motion: TO APPROVE THE MAYOR S APPOINTMENT OF NEW PLANNING COMMISSIONERS FRANCIS MCKAY, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Edgington. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. Judge Robert Bennett swore in the new Planning Commissioners. 7. PUBLIC HEARING DISCUSSION AND POSSIBLE ACTION ON INTENTION TO AUTHORIZE AN INSTALLMENT PURCHASE AGREEMENT FOR CITY HALL. 5/02/2012 FCC Page 3 of 16

4 Marty Johnson, JNA Consulting, addressed the Council and explained the process for refinancing the Installment Purchase Agreement. Mayor Goodman opened the Public Hearing. Susan Siedl, Fernley resident, stated she thought this was a wonderful idea which will save a lot of money for the City. Mayor Goodman asked Mr. Johnson if the refinancing will extend the life of the contract. Mr. Johnson responded by saying it does not, the plan is to have the final payment due on the exact same day as it currently is. Janice Prichard, Fernley resident, agreed that refinancing was a good idea. She stated anywhere the city could save money is always a good thing. She wishes it could be more money but it s a good place to start. Councilman Chaffin was happy to hear from Mr. Johnson that the expected gain was more than was shown in the staff report. Mayor Goodman closed Public Hearing. Motion: MOVE TO AUTHORIZE AN INSTALLMENT PURCHASE AGREEMENT FOR CITY HALL AS PRESENTED IN ITEM #7, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 8. DISCUSSION AND POSSIBLE ACTION AND APPROVAL OF A RESOLUTION AUTHORIZING AN INSTALLMENT-PURCHASE AGREEMENT FOR THE PURPOSE OF REFINANCING THE COST OF A BUILDING PROJECT; (REFINANCING OF THE CITY BONDS) DIRECTING THE CITY TREASURER TO FORWARD MATERIALS TO THE DEPARTMENT OF TAXATION OF THE STATE OF NEVADA; AUTHORIZING THE CITY TREASURER OF THE CITY TO EXECUTE THE CITY'S INSTALLMENT-PURCHASE AGREEMENT EVIDENCING SUCH FINANCING; AND PROVIDING THE EFFECTIVE DATE HEREOF. Kendra Follett, Swendseid & Stern, stated that by statute this item requires at least a 2/3 vote of all City Council Members. 5/02/2012 FCC Page 4 of 16

5 Janice Prichard, Fernley resident, inquired if Lyon County still needed to approve this agreement. Mayor Goodman clarified saying this has already been before the Lyon County Debt Management Commission. She also asked if the agreement would come back come before Council. Ms. Follett stated this item will come back in connection with an Ordinance at the first meeting in June. Motion: MOVE APPROVE THE RESOLUTION AUTHORIZING THE INSTALLMENT PURCHASE AGREEMENT AS SUBMITTED IN ITEM #8, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 9. PUBLIC HEARING DISCUSSION AND POSSIBLE ACTION TO ADOPT BILL #175 AS AN ORDINANCE MODIFYING TITLE 9 (PUBLIC WORKS), WITH THE ADDDITION OF CHAPTER 9, RULES AND REGULATION FOR THE FERNLEY DESERT MEMORIAL GARDEN CEMETERY AND OTHER MATTERS PROPERLY RELATING THERETO. Mayor Goodman stated this Bill was proposed by Councilman Edgington. City Engineer Shari Whalen stated there are no changes to the staff report. The first reading of this bill was on April 18, 2012 This is part of the process for adopting rules and regulations for the cemetery. She outlined the Implementation Plan that would come back before Council at future meetings. Councilman Edgington stated he had concerns with a few items and wanted to see this item come back. His concerns were with 9.02E, 908A, 9.11 & Mr. Edgington also stated he wanted the City Attorney to review the language before it comes back to Council. Councilman Chaffin questioned the Perpetual Care dollar amount. Director Whalen stated the number that has been discussed is $ per plot. The fee Resolution will come back after the Ordinance is adopted. After discussion and concerns from the Council, City Engineer Whalen stated that with significant changes the process with need to be started again. She added this will delay the process and the acceptance of the Cemetery will be in August rather than June. 5/02/2012 FCC Page 5 of 16

6 City Attorney Brandi Jensen recommended the Council either adopt the Ordinance as it stands, or continue it for two weeks with modifications. She also recommended that if there is a continuation vote the modifications are clearly stated. Janice Prichard, Fernley resident, stated she once worked for a cemetery and the dollar amounts listed in the document are reasonable. She stated when the family pays for perpetual care those services should include mowing of the grass and weeding around the stones. She stated there should be something in the policy on flowers, vases, stone markers, and religious symbols. Mayor Goodman stated that some of those are covered in 9.10 C&D. Councilman Edgington explained the changes he wanted to see including; maintenance of the cemetery is the responsibility of the City of Fernley and the grave itself is the responsibility of the family (Cemetery common areas), in section 9.08A add wording that it is the responsibility of the family to obtain the plaque, sections 9.11 & 9.12, Mr. Edgington wanted it spelled out that it is for the common areas only. Susan Siedl, Fernley resident, inquired if at some point will there be grass. Motion: MOVED TO CONTINUE THIS ITEM FOR TWO WEEKS WITH MODIFICATIONS AS STATED, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 10. PUBLIC HEARING DISCUSSION AND POSSIBLE ACTION TO ADOPT BILL #176 AS AN ORDINANCE AMENDING FERNLEY MUNICIPAL CODE TITLE 1, CHAPTERS 7 AND 8, ABOLISHING THE SEPARATE OFFICES OF CITY CLERK AND CITY TREASURER AND CREATING THE OFFICE OF CITY CLERK/CITY TREASURER AND OTHER MATTERS PROPERLY RELATING THERETO. Administrative Services Manager Daphne Hooper stated this item is a follow up to adopt Bill #176 which was introduced by Councilman Eilrich to consolidate the offices of the City Clerk and the City Treasurer. Councilman Eilrich stated that if there was an appointed Clerk/Treasurer there could still be a Finance Director and a Deputy Clerk. He stated this could be cost savings measure. 5/02/2012 FCC Page 6 of 16

7 Councilman Chaffin inquired if there would still be a Deputy Position in each department. Mr. Chaffin stated this consolidation would have one department head and two deputies, where we presently have four people it would drop to three. Ms. Hooper stated that was correct. Councilman Edgington expressed his concern combining the two departments. He stated there is a reason these two positions were created they have separate series of work that needs to be done. This is a chance to correct some salary disparity that has existed. His preference was to have 2 FTE s in the City Clerk Department and look at the salary range and have a compensation study completed and come back with an appropriate salary range. He stated the City Treasurer should stay as a separate position. Councilwoman Malloy agreed with Councilman Edgington stating she brought consolidation up a few years ago when the City did not have a Treasurer. She stated the Treasurer needs highly technical set of skills that might not be in a Clerk/Treasurer position. She also stated that if the departments were to consolidate the cost savings may not be realized due to additional support needed from outside consultants. She suggested not combining but to move forward with the suggestions from Councilman Edgington. Councilman Parsons agreed with not combing positions. He felt the department just needs a Clerk and technical assistant. Janice Prichard, Fernley resident, stated she is the first person saying that staff needs to be cut staff and save money through salaries. However, in this particular area is not the place to cut. Ms. Prichard felt these positions should stay separate and combining them would cause more problems. Councilman Chaffin stated the City could save money and accomplish the purposes. He stated he has heard two good ideas. The City might be able to save money based on the number of people to supervised not based on the fact that they are a Department Head. This might be the key to the savings. Mayor Goodman stated he would have a problem on the number of people supervised. He stated based on experience, education and skill levels should come in. 5/02/2012 FCC Page 7 of 16

8 Dolores Oberg, Fernley resident, stated saving money is a good idea. She agreed they should be kept separate. She stated separation of court duties needs to be looked into. Judges are responsible for court clerks. City Attorney Brandi Jensen stated there is a case before the Supreme Court which concerns separation of powers. There will be more information to follow on this. Motion: MOVE NOT ADOPT BILL 176, Action: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 11. PUBLIC HEARING DISCUSSION AND POSSIBLE ACTION TO ADOPT BILL #174 AS AN ORDINANCE MODIFYING TITLE 9 (PUBLIC WORKS), CHAPTER 3, SECTION 30 BY THE ADDITION OF SUBSECTION (J) THE WATER BILLING RATE STRUCTURE, SUBSECTION (K) WATER BOND DEBT FEE AND OTHER MATTERS PROPERLY RELATING THERETO. Mayor Goodman stated this Bill was proposed by Councilman Eilrich. City Engineer Shari Whalen stated that the water bond debt fee will come forward in a Resolution for final action at the May 12 th City Council Meeting. She stated previous discussion and action to have the will-serves lots pay 60% of the base rate. This document does not have that new information. Councilman Eilrich made a few minor changes. Councilman Parsons stated he felt he was in violation of State Ethics at last nights Budget Workshop by not disclosing that he owns 7 lots that are accessible to city water. He also disclosed that he owns two homes; one is on city water the other home could be on city water some day. He was advised that he should bring this to the public s attention. He apologized for making this error. Mayor Goodman read letter into record from DB-Fernley Investments (attached). Councilman Eilrich disclosed that he owned a few lots at the golf course. He does not see a conflict of interest. He will be voting to assess himself. He would not abstain from the vote Councilman Edgington inquired if a paragraph could be added that the assessment is only for the life of the bond. He stated this would satisfy a lot of public concerns. Director Whalen stated the Ordinance will provide the framework and the Resolution will provide the details. 5/02/2012 FCC Page 8 of 16

9 Councilman Chaffin stated last night that there would be an amount charged that would cover the cost of the bond payment and a small amount of safety factor. Is there something that would tie that safety factor money to be sure that it went against the bond eventually? Interim City Manager Turnier stated that since these fees are levied we want to be sure they are going to the right area. He stated that the City Council has the authority under the Budget process to restrict accounts. Mayor Goodman wanted everyone to keep in mind the proposed assessment does not cover the entire amount of the bond payment. The City will still be one million short of paying the bond. That money will continue to come from the General Water Fund revenues. Councilman Eilrich stated he wanted to see language that relays the clear intentions that the fee will to go down as soon as revenue sources become available. Director Whalen stated that the Resolution will come back in a qualitative fashion. She explained as times get better and hook up fees increase the structural deficit will shrink and this is a process that the City will go through every year in the Budget. Janice Prichard, Fernley resident, stated that there is a specific Nevada Revised Statute that stated any assessment for a specific purpose must be used for that purpose. She stated there is another NRS that says any assessment is an automatic lean on all property. Susan Siedl, Fernley resident, stated she had a problem with the will-serve fee. She stated two Council Members revealed that they own lots in the City of Fernley that have will-serve on them. Then one of those councilmember s made a recommendation that the rate for will-serves be calculated at a factor of.6. At the time they were talking about a $30 a month fee which would make the will-serve fee go down to $ She stated that is a good savings for those two Councilmen. It is her belief that if the two of them had not participated in the discussion the reduction in fee probably would not have happened. She does not think the reduction in fee for will-serve should be included. Louise Inman, Fernley resident, stated she wanted the Water Bills to show how much has been paid towards the Water Bond Debt Fee. Linda Rhoades, Fernley resident, inquired when the Water Bond is paid are the citizens done paying Mayor Goodman stated that was correct. Nancy Peet, Fernley resident, expressed concern about the amount being so high. Councilman Parsons wanted to clarify that the $18.00 a month assessment is going away. 5/02/2012 FCC Page 9 of 16

10 Motion: MOVED TO ADOPT BILL #174 AS AN ORDINANCE MODIFYING TITLE 9 (PUBLIC WORKS), CHAPTER 3, SECTION 30 BY THE ADDITION OF SUBSECTION (J) THE WATER BILL RATE STRUCTURE (K) THE WATER BILL BOND DEBT FEE, WITH A BASE RATE CHARGE OF 60% AS A FACTOR FOR WILL-SERVES, AND OTHER MATTERS RELATING THERETO. Action Approve, Moved by Councilman Edgington, Seconded by Councilman Chaffin. Vote: Motion passed (summary: Yes = 4, No = 0, Abstain = 1).Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilwoman Malloy. Abstain: Councilman Parsons. 12. DISCUSSION AND POSSIBLE ACTION TO DIRECT STAFF REGARDING REIMBURSEMENT FROM PYRAMID LAKE PAIUTE TRIBE FOR 2010 WATER LEASE. Special City Attorney Paul Taggart stated this item was brought back from last meeting. Stated the City has a water lease with the tribe. The City has expected payment which has not paid. Pyramid Lake Paiute Tribe has requested a one year extension for payment so that a federal reviewed could be done of the appraisal that was done of the Water Rights. A review was done of the appraisal and discussed with the appraiser who believes that federal requirements were followed. Mr. Taggart stated that action that should be considered is whether to grant the extension to the Tribe. What staff is recommending is granting a shorter extension, maybe until the end of the federal review of the appraisal. Then within 10 days of the completion of the appraisal that the City be paid the amount of money that the appraisal determines to be appropriate, including interest from the February 17, 2010 to the date that the payment is made. Mayor Goodman inquired how long the review of appraisal could take. Mr. Taggart responded saying it could take anywhere from 3-6 months. Mr. Taggart stated the reason the Tribe is rejecting the appraisal that was done at $60. per acrefoot is because the Tribe wants to come up with an appraisal that is lower, so they can buy more water with the money that they have. Or so the value of water can be declared lower. Mr. Taggart expressed concerns that The Tribe may try to influence the process and have the Federal Government come up with a lower number. Mayor Goodman clarified that the appraisal review is just to be sure the appraisal guidelines were followed properly. Mr. Taggart stated that during the review there could be judgments that appraisers could differ on. 5/02/2012 FCC Page 10 of 16

11 After discussion Mr. Taggart stated there are two outcomes the first one being the $60. per acrefoot number is upheld or the whole appraisal is rejected and we start again. Councilman Eilrich inquired if a stipulation could be added to the agreement that both parties be notified if the federal appraisal wants more information. He stated the agreement should state that the Tribe cannot have a personal meeting with the appraiser without the City being represented and notified. Mr. Taggart stated that the City could demand that the Tribe not take any steps to influence the federal appraiser and notice is given to the City of any effort by the tribe to influence the appraiser. Motion: DIRECT STAFF TO REPLY TO THE TRIBE BY AGREEING TO AN EXTENSION TO ALLOW FOR A FEDERAL REVIEW APPRAISAL, WITH THE REQUIREMENT THAT THE TRIBE TO AGREE TO PAY THE LEASE PAYMENT BASED ON THE APPRAISAL WITH TEN DAYS OF THE COMPLETED REVIEW, AND THAT THE TRIBE AGREES TO PAY INTEREST ON THE FINAL AMOUNT OWED UNDER THE LEASE FROM FEBRUARY 17, 2012 AND THAT A NOTICE REQUIREMENT BE PROVIDED FOR ANY QUESTIONS BEING ASKED OF THE FEDERAL REVIEW BOARD. Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Edgington. Councilman Parsons stated that the City needs to be reimbursed for any additional costs incurred. Councilman Chaffin modified his motion to include reimbursement for any costs that are incurred due to replying to any kind of actions that would be requested by the review board. Councilman Edgington concurred with the addition. Mr. Taggart stated that included in the staff report is a 6% interest which was not included in the motion. Councilman Chaffin modified his motion to require a 6% interest rate. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy. 13. DISCUSSION AND POSSIBLE ACTION TO DIRECT STAFF REGARDING THE CITY OF FERNLEY ACCEPTANCE OF DONATION POLICY FOR CITY FACILITIES SUCH AS THE FERNLEY LASSEN DEPOT AND CITY HALL. 5/02/2012 FCC Page 11 of 16

12 Interim City Manager Fred Turnier stated there is no staff report for this item. Mr. Turnier explained that historically when people donate items to the City it has been more of an agreement than a formal policy. Mr. Turnier continued saying the Fernley Lassen Depot, has worked through the Fernley Preservation Society acting as the manager of the Depot, working with individuals within the community to obtain items or artifacts for display as the Depot. About a month ago the City received notice from the Fernley Preservation Society that they were no longer managers of the Depot. There have been letters back and forth and questions asked about items being removed from the Fernley Depot. Staff response has been that this is an issue between Fernley Preservation Society and the person donating the artifacts. This has lead to a bigger issue in which the City does not have a formal policy for donations of artifacts. Mr. Turnier stated this item is for the Council to provide direction regarding policy. Councilman Parson wanted a policy created. Stating people have donated items to the Fernley Depot and those items should stay. Councilman Eilrich agreed that policy needs to be created to give the city some standing in these matters. Councilman Chaffin agreed that the City should provide a way for public to made donations. Mayor Goodman concurred that this item is overdue. Susan Seidl, Fernley resident, stated she donated an antique bathtub to the Preservation Society for the Depot. She stated she is in agreement that it should stay here in the community. The reality of it is, at the time she donated she signed a document stating that she was donating it to the Preservation Society. She did not feel that there was anything the Council or she could do because she signed it off at the time. Louise Inman, Fernley Resident, clarified that when items are donated they are not for the Preservation Society to keep. She stated there are files of paperwork on everything that has been donated. Ms. Inman read into record a letter submitted to the City on March 7, 2012 (attached). 5/02/2012 FCC Page 12 of 16

13 She also asked for copies of letters that have been previously submitted to the City regarding the Fernley Depot. Councilman Edgington asked that staff come back with a resolution from the Council that would encourage people to leave their items that have already been donated at the Fernley Depot so the plans to have a museum continue. Mayor Goodman stated that could be added to an Acceptance/Donation policy. Director Turnier stated that the plan is to bring a formal policy back to council that will be applicable to any donation. Motion: DIRECT STAFF TO CREATE AN ACCEPTANCE DONATION POLICY FOR CITY FACILITIES NOT INCLUSIVE FERNELY LASSEN DEPOT, CITY HALL, PARKS AND OTHER FACILITIES, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Edgington. Councilman Parsons wanted the policy to include a condition which will allow people to loan an item to the City for an indefinite amount of time. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman Chaffin, Councilman Edgington, Councilman Eilrich, Councilman Parsons, Councilwoman Malloy PUBLIC INPUT. Janice Prichard, Fernley resident, stated she wanted to see in the future any agenda items that involve Special City Attorney Paul Taggart or any paid outside consultant, to be first on the agenda to save money. She also stated that according to a letter she received from the City Attorney that Public Comment will be free flowing, including people and positions. She also stated that a serious Open Meeting Law violation occurred at the meeting last night. Ms. Prichard 5/02/2012 FCC Page 13 of 16

14 stated that even though she does file OML violations, she will not file one this time because she felt the Councilmember that violated the OML was guided into violation. Loiuse Inman, Fernley resident, stated she would like to see the Donation Policy will be brought back before the council. Sandra Mathewson, Fernley resident, spoke about the letter that Mr. Oberg read into record at a recent City Council Meeting regarding Ethics and OML complaints. She stated the City is responsible for such letters. She also stated that the City has exceeded the amount of time provided by NRS to comply with a Public Records Request that was made by her. 15. REPORTS. A. REPORTS BY LYON COUNTY SHERIFF S DEPARTMENT, NORTH LYON COUNTY FIRE PROTECTION DISTRICT AND ADDITIONAL REPORTS AS RECOGNIZED BY THE MAYOR. Lyon County Commissioner Mortensen reported that the County balanced the budget with cuts to Human Services and libraries, adding the bright side is there will be no reduction to the Sheriff s Department. Mayor Goodman inquired if the Lyon County employees will receive a raise. Mr. Mortensen stated they are still in negotiations. B. REPORTS BY CITY STAFF, CITY COUNCIL AND THE MAYOR. Interim City Manager Turnier clarified Temporary Assignment Pay. Mr. Turnier also reported that an Open Meeting Law complaint was returned with a determination that no violation took place. He also reported on the Mayors Clean Sweep III. Administrative Services Manager Daphne Hooper reported that there is a tentative agreement with the Union. She thanked the negotiation team for successful negotiations. Ms. Hooper also reported the agreement will come forward at the first meeting in June. Mayor Goodman reported on the Clean Sweep. He added that the City installed the first Welcome to Fernley sign. Three more signs will follow. Mayor Goodman also stated that returning to a Monday thru Friday schedule is something that needs to be looked at. He reported that he attended a Legislative Subcommittee Meeting in Las Vegas. He stated it was a very good 5/02/2012 FCC Page 14 of 16

15 meeting where Consolidated Tax was discussed. He felt the committee could do something about the issue but not until the next Legislative Session. 16. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Councilman Edgington stated he wanted a future agenda item regarding a separation agreement between the City and Mel Drown. He also wanted an item which includes a reorganization plan that provides for a City Clerk and Technical Specialist with a salary range for the City Clerk according to completing a compensation study and specifically the City Clerk salary and review services and the need for 3 FTE s. Councilman Parsons Future Agenda Items included; A 5% cut from the General Budget, he also requested conversation with the Council on a new City Manager and what skills the Council would like that person to possess. He also wanted to look into combining the City Manager Community Development Director into the same position for a temporary period until growth returns to Fernley. Councilman Parsons also requested looking into freezing the Community Development Director position. Councilwomen Malloy requested revising the Employee Manual revised. She stated with a particular reference to The Employer needs to be clarified. She also stated that the section when a position gets new duties should be restructured. She stated this agenda items could be for June or July to give staff enough time to devote to it. She stated she will be available if staff needs help. Councilman Edgington also requested and item for employees with a contract, that contract should include a clause that if there is no merit increase for rank and file employees the contract employee will not get a raise. He also wanted a Future Agenda item to include Ordinance , Annual Increase for Council. Councilman Chaffin wanted staff to look at redistribution of water rates to provide relief for small usage amounts those that do not have very much money. Interim City Manager Turnier Fred stated that staff reports for the Future Agenda Items are due to the City Attorney tomorrow. He stated the Staff will try their best to get the Budget items on the next agenda but the remainder will be placed on the June agendas. There being no further business to come before it, the Fernley City Council meeting adjourned at 7:49pm. Approved by the Fernley City Council on, by a vote of: AYES: NAYS: ABSTENTIONS: ABSENT: 5/02/2012 FCC Page 15 of 16

16 Mayor LeRoy Goodman ATTEST: Acting City Clerk Kim Swanson 5/02/2012 FCC Page 16 of 16